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2017-06-12 City Council Agenda Packet
City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. June 12, 2017 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. 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 Special Orders of the Day 5:00-5:15 PM 1. Appointment of Three Candidates to the Library Advisory Commission for Terms Ending May 31, 2020 Agenda Changes, Additions and Deletions City Manager Comments 5:15-5:25 PM Oral Communications 5:25-5:40 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 5:40-5:45 PM 2. Approval of Action Minutes for the May 22, 2017 Council Meeting 2 June 12, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Consent Calendar 5:45-5:50 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 3.Approval of a Contract With AECOM in the Amount of $330,000 for the Development of the Baylands Comprehensive Conservation Plan (PG-17000) 4.Approval of Amendment Number 2 to Contract Number S15155738 Between the City of Palo Alto and American Reprographics Company, LLC for Document Scanning Services to Increase Costs by $414,726 for a Total Amount Not-to-Exceed $847,961 and Amend Other Terms and Conditions 5.Adoption of an Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle Charging Stations (AB 1236) 6.Approval of the Renewal of a Public-Private Partnership Agreement Between the City of Palo Alto and TheatreWorks, Palo Alto Players and West Bay Opera for the use of the Lucie Stern Community Theatre 7.Approval of a Contract With Tandem Creative in the Amount of $90,000 for Graphic Design and Printing for the Quarterly Production of the Enjoy! Catalog Classes and Activities Guide and Annual Summer Camp Guide 8.QUASI-JUDICIAL: 260 California Avenue [16PLN-00289]: Request for a Hearing on the Tentative Approval of a Conditional Use Permit to Allow the Sale of Beer, Wine, and Liquor in Conjunction With a Restaurant With an Outdoor Seating Area and Deferral of Director's Action to the City Council of an Architectural Review Application Pursuant to Palo Alto Municipal Code (PAMC) Section 18.40.170. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) per Guideline Section 15301 (Existing Facilities) Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 5:50-6:00 PM 9.PUBLIC HEARING: Adoption of a Resolution Confirming the 2017-18 Report of the Palo Alto Downtown Business Improvement District Advisory Board and Levying Assessments for Fiscal Year 2018 on Businesses in the Downtown Business Improvement District 3 June 12, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 6:00-8:00 PM 10.PUBLIC HEARING / QUASI-JUDICIAL. 744-748 San Antonio Avenue [15PLN-00314]: Review and Certification of a Final Environmental Impact Report (EIR), Adoption of California Environmental Quality Act (CEQA) Findings Including a Statement of Overriding Considerations, Adoption of a Mitigation Monitoring and Reporting Plan, and Consideration of the Applicant’s Request for Approval of a Major Architectural Review to Allow the Demolition of Three Existing Buildings at 744 and 748 San Antonio Avenue and Construction of two Five- Story Hotels (Courtyard by Marriott With 151 Rooms and AC by Marriott With 143 Rooms). The Site Will Include Surface and two Levels of Basement Parking, requiring approval of a parking reduction. A Draft EIR was Circulated for Public Comment From March 27, 2017 to May 10, 2017 and a Final EIR was Provided to Agencies and Commenters on May 31, 2017. On June 1, 2017, the Architectural Review Board Recommended Approval of the Project 8:00-10:30 PM 11.Comprehensive Plan Update: Review of the Introduction, Governance, and Implementation Sections Recommended by the Citizens Advisory Committee and Referral of the Entire Draft Comprehensive Plan Update to the Planning & Transportation Commission Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 4 June 12, 2017 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Policy and Services Committee Meeting June 13, 2017 City/School Committee Meeting June 15, 2017 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Report on Surplus Property Donated to Nonprofit Organizations Public Letters to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 12, 2017 The Honorable City Council Palo Alto, California Appointment of Three Candidates to the Library Advisory Commission for Terms Ending May 31, 2020 On Monday, June 19, 2017, the Council is scheduled to appoint three (3) candidates to the Library Advisory Commission for terms ending May 31, 2020. Voting will be by paper ballot. Background On June 5, 2017, the Council is scheduled to interview 2 applicants for the Library Advisory Commission. Doug Hagan (Incumbent) is not able to participate in the interview process but remains eligible for appointment. Library Advisory Commission Vote to appoint three (3) three-year terms on the Library Advisory Commission (LAC) expiring on May 31, 2020. The first three candidates to receive at least five votes (required) will be appointed. The 3 LAC Candidates are as follows: 1. Hagan, Doug (Incumbent) 2. Murphy, Amy 3. Wilson, Brigham ATTACHMENTS: Attachment A: LAC - Hagan, Doug (PDF) Attachment B: LAC - Murphy, Amy (PDF) Attachment C: LAC - Wilson, Brigham (PDF) Department Head: Beth Minor, City Clerk Page 2 Library Advisory Commission Application 1 of 5 Application Deadline: April 4, 2017 at 4:30 pm Personal Information Note: The LAC regularly meets the fourth Thursday of the every other month at 7:00 p.m. Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you or your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3)be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do or your spouse you own real property in Palo Alto? ___ Yes ___ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 988577D7-7F19-44D2-8E34-30A0AD754B5B Library Advisory Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Library Advisory Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 988577D7-7F19-44D2-8E34-30A0AD754B5B Library Advisory Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Library Advisory Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 988577D7-7F19-44D2-8E34-30A0AD754B5B Library Advisory Commission Application 4 of 5 4. Library Advisory Commission Members work with the document listed below. Are there any areas of this plan which you feel are more relevant/valued by the community? Why? As a potential Commissioner, is there any area which should be examined for inclusion in the future? Library Strategic Plan 2015-2017 DocuSign Envelope ID: 988577D7-7F19-44D2-8E34-30A0AD754B5B Library Advisory Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, official on the Internet without first obtaining the written This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ I give Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 988577D7-7F19-44D2-8E34-30A0AD754B5B Library Advisory Commission Application 1 of 5 Application Deadline: April 4, 2017 at 4:30 pm Personal Information Note: The LAC regularly meets the fourth Thursday of the every other month at 7:00 p.m. Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you or your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do or your spouse you own real property in Palo Alto? ___ Yes ___ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 Library Advisory Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Library Advisory Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 Library Advisory Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Library Advisory Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 Library Advisory Commission Application 4 of 5 4. Library Advisory Commission Members work with the document listed below. Are there any areas of this plan which you feel are more relevant/valued by the community? Why? As a potential Commissioner, is there any area which should be examined for inclusion in the future? Library Strategic Plan 2015-2017 DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 Library Advisory Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, official on the Internet without first obtaining the written This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ I give Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 DocuSign Envelope ID: 5F17C6BE-2F7D-43B2-B6C1-239079709171 Library Advisory Commission Application 1 of 5 Application Deadline: April 4, 2017 at 4:30 pm Personal Information Note: The LAC regularly meets the fourth Thursday of the every other month at 7:00 p.m. Name: Address: Cell Phone: ____ Home / ____ Office Phone: E-mail: Are you a Palo Alto Resident? ____ Yes ____ No Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are Commissioners or Board Members? ____ Yes ____ No Are you available and committed to complete the term applied for? ____ Yes ____ No California state law and the Ci require appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you or your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No Excluding your principal residence, do or your spouse you own real property in Palo Alto? ___ Yes ___ No How did you learn about this vacancy? ____ Community Group ____ Email from City Clerk ____ Palo Alto Weekly ____ Daily Post ____ City Website ____ Flyer Other: List relevant education, training, experience, certificates of training, licenses, or professional registration: DocuSign Envelope ID: A87DCD0E-87F0-406F-B120-3E7884FEE13D Library Advisory Commission Application 2 of 5 Employment Present or Last Employer: Occupation: Describe your involvement in community activities, volunteer and civic organizations: 1. What is it about the Library Advisory Commission that is compatible with your experience and of specific interest to you, and why? DocuSign Envelope ID: A87DCD0E-87F0-406F-B120-3E7884FEE13D Library Advisory Commission Application 3 of 5 2. Please describe an issue that recently came before the Commission that is of particularinterest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived from the Midpen Media Center: 3. If appointed, what specific goals would you like to see the Library Advisory Commission achieve, and why? How would you suggest accomplishing this? DocuSign Envelope ID: A87DCD0E-87F0-406F-B120-3E7884FEE13D Library Advisory Commission Application 4 of 5 4. Library Advisory Commission Members work with the document listed below. Are there any areas of this plan which you feel are more relevant/valued by the community? Why? As a potential Commissioner, is there any area which should be examined for inclusion in the future? Library Strategic Plan 2015-2017 DocuSign Envelope ID: A87DCD0E-87F0-406F-B120-3E7884FEE13D Library Advisory Commission Application 5 of 5 Consent to Publish Personal Information on the City of Palo Alto Website California Government Code Section 6254.21 states, in part, official on the Internet without first obtaining the written This consent form will not be redacted and will be attached The full code can be read here: Read the code, and check only ONE option below: _ I give Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request that the City of Palo Alto redact my home address, phone numbers, and email address providing the following alternate information and request that they use the following contact information instead. Address: Cell Phone: ____ Home / ____ Office Phone: ___________________________________________________ E-mail: ____________________________________________ The phone number / address can be non-public and different than the address collected on page one. Signature: Date: (Optional) Additional Attachment(s) If you would like to submit a resume, work sample, etc. along with your DocuSign Envelope ID: A87DCD0E-87F0-406F-B120-3E7884FEE13D CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 12, 2017 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the May 22, 2017 Council Meeting Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: Attachment A: 05-22-17 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 9 Special Meeting May 22, 2017 The City Council of the City of Palo Alto met on this date in the Community Meeting Room at 5:05 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss arrived at 6:35 P.M., Kou, Scharff, Tanaka, Wolbach arrived at 5:13 P.M. Absent: Palo Alto Youth Council Present: Antony, Ashoke, Bahl, Cheng, Hristov, Iglegart, Kao, Keyani, Kumar, Li, Pujji, Qi, Quigley, Sales, Tadimeti, Yu Absent: Ji, Sandhu Parks and Recreation Commission Present: Cribbs Warner, Greenfield, LaMere, McCauley, McDougall, Moss, Reckdahl Absent: Study Session 1. Joint Study Session With the Palo Alto Youth Council. Council took a break from 5:58 P.M. to 6:07 P.M. 2. Joint Study Session With the Parks and Recreation Commission. Council took a break from 7:04 P.M. to 7:14 P.M. and reconvened in the Council Chambers. Agenda Changes, Additions and Deletions None. DRAFT ACTION MINUTES Page 2 of 9 City Council Meeting Draft Action Minutes: 5/22/17 Minutes Approval 3. Approval of Action Minutes for the May 8, 2017 Council Meeting. MOTION: Vice Mayor Kniss moved, seconded by Council Member Wolbach to approve the Action Minutes for the May 8, 2017 Council Meeting. MOTION PASSED: 9-0 Consent Calendar MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to approve Agenda Item Numbers 4-6. 4. Preliminary Approval of the Downtown Business Improvement District (BID) 2017-2018 Annual Report; Resolution 9679 Entitled, “Resolution of the Council of the City of Palo Alto Declaring an Intention to Levy an Assessment Against Businesses Within the BID for Fiscal Year 2018 and Setting a Time and Place for a Public Hearing on June 12, 2017 at 6:00 PM or Thereafter, in the City Council Chambers.” 5. Approval of Amendment Number 3 to Professional Services Contract Number C15157200 With Walker Parking Consultants for the Design of a Downtown Automated Parking Guidance System Extending the Contract Term Through June 30, 2018. 6. Resolution 9680 Entitled, “Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedule D-1 (General Storm and Surface Water Drainage) to Implement the Storm Water Management Fee Approved by Palo Alto Property Owners via Mail Ballot Election on April 11, 2017.” MOTION PASSED: 9-0 Action Items 7. Parks, Trails, Natural Open Space and Recreation Master Plan. MOTION: Council Member DuBois moved, seconded by Vice Mayor Kniss to direct Staff to strengthen the language of Programs 6.C.1, 6.C.2, and 6.C.3 to minimize private, exclusive use and when such uses are allowed, charge significant fees. DRAFT ACTION MINUTES Page 3 of 9 City Council Meeting Draft Action Minutes: 5/22/17 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “and include specific outreach language.” MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Vice Mayor Kniss to direct Staff to strengthen the language of Programs 6.C.1, 6.C.2, and 6.C.3 to minimize private, exclusive use and when such uses are allowed, charge significant fees and include specific outreach language. MOTION AS AMENDED PASSED: 7-2 Fine, Tanaka no Council took a break from 8:59 P.M. to 9:04 P.M. 8. Comprehensive Plan Update: Review of the Draft Business & Economics Element Recommended by the Citizens Advisory Committee (Continued from May 15, 2017). MOTION: Mayor Scharff moved, seconded by Council Member Wolbach to direct Staff to prepare a revised draft of the Business and Economics Element for referral to the Planning and Transportation Commission. AMENDMENT: Council Member Tanaka moved, seconded by Mayor Scharff to add to the Motion, “including the following change, replace in Policy B-6.1, ‘small office’ with ‘office.’” SUBSTITUTE AMENDMENT: Council Member Wolbach moved, seconded by Mayor Scharff to add to the Motion, “including the following change, replace in Policy B-6.1, ‘containing’ with ‘prioritizing’ and add to Policy B-6.1, ‘start ups’ after ‘small office.’” (New Part A) SUBSTITUTE AMENDMENT PASSED: 9-0 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Policy B-4.2, ‘start-ups’ after ‘small businesses.’” (New Part B) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Program B4.2.1, ‘start-ups’ after ‘small businesses.’” (New Part C) DRAFT ACTION MINUTES Page 4 of 9 City Council Meeting Draft Action Minutes: 5/22/17 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Policy B-4.3, ‘and start-ups’ after ‘small businesses.’” (New Part D) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “add to Policy B-3.1, ‘adds real accounting of unfunded pension liability and unfunded benefit costs.’” (New Part E) AMENDMENT: Vice Mayor Kniss moved, seconded by Council Member DuBois to add to the Motion, “replace in Program B1.1.1, ‘direct the Palo Alto Office of Economic Development to’ with ‘direct the City Manager to.’” AMENDMENT RESTATED: Vice Mayor Kniss moved, seconded by Council Member DuBois to add to the Motion, “replace in Program B1.1.1, ‘direct the Palo Alto Office of Economic Development to implement the’ with ‘implement an.’” SUBSTITUTE AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “replace in Program B1.1.1, ‘direct the Palo Alto Office of Economic Development to implement the Economic Development Policy, as periodically amended, to guide business development’ with ‘the Palo Alto Office of Economic Development implements the Economic Development Policy, as periodically amended to guide business activities.’” SUBSTITUTE AMENDMENT FAILED DUE TO THE LACK OF A SECOND AMENDMENT RESTATED: Vice Mayor Kniss moved, seconded by Council Member DuBois to add to the Motion, “replace in Program B1.1.1, ‘direct the Palo Alto Office of Economic Development to implement the’ with ‘implement an.’” (New Part F) AMENDMENT PASSED: 7-2 Fine, Holman no AMENDMENT: Council Member Filseth moved, seconded by Council Member Holman to add to the Motion, “remove Policy B-2.3.” AMENDMENT RESTATED: Council Member Filseth moved, seconded by Council Member Holman to add to the Motion, “add to Policy B-2.3, ‘with a priority on neighborhood quality of life.’” (New Part G) AMENDMENT PASSED: 9-0 DRAFT ACTION MINUTES Page 5 of 9 City Council Meeting Draft Action Minutes: 5/22/17 AMENDMENT: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Programs B4.6.2 and B4.6.3.” AMENDMENT TO THE AMENDMENT: Council Member Holman moved, seconded by Vice Mayor Kniss to replace in the Amendment, “remove Programs B4.6.2 and” with “replace in Program B4.6.2, ‘study the impacts of on-line shopping on local traditional’ with ‘consider the impacts of on-line shopping on brick and mortar’ and remove Program.” AMENDMENT TO THE AMENDMENT FAILED: 4-5 Holman, Kniss, Kou, Wolbach yes AMENDMENT SPLIT FOR THE PURPOSE OF VOTING AMENDMENT1 RESTATED: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Program B4.6.2.” AMENDMENT2 RESTATED: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Program B4.6.3.” SUBSTITUTE AMENDMENT1: Council Member Wolbach moved, seconded by Vice Mayor Kniss to add to the Motion, “replace in Program B4.6.2, ‘study’ with ‘consider’ and ‘develop’ with ‘consider.’” SUBSTITUTE AMENDMENT1 FAILED: 2-7 Kniss, Wolbach yes AMENDMENT1 RESTATED: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Program B4.6.2.” (New Part H) AMENDMENT1 PASSED: 7-2 Holman, Wolbach no AMENDMENT2 RESTATED: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Program B4.6.3.” (New Part I) AMENDMENT2 PASSED: 6-3 Kniss, Tanaka, Wolbach no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Policy B-5.1, ‘flexibility’ with ‘efficiency.’” (New Part J) AMENDMENT: Council Member Filseth moved, seconded by Mayor Scharff to add to the Motion, “remove Policy B-5.3.” DRAFT ACTION MINUTES Page 6 of 9 City Council Meeting Draft Action Minutes: 5/22/17 SUBSTITUTE AMENDMENT: Council Member Wolbach moved, seconded by Vice Mayor Kniss to add to the Motion, “replace in Policy B-5.3, ‘strengthen the role of the Office of’ with ‘focus on.’” (New Part K) SUBSTITUTE AMENDMENT PASSED: 7-2 Filseth, Holman no INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECOND to add to the Motion, “clean up and potentially merge Policies B-6.5 and B-6.6 for consistency and confirm if these Policies belong in the Business and Economics Element.” (New Part L) AMENDMENT: Council Member DuBois moved, seconded by Council Member Kou to add to the Motion, “replace Goal B-2 with, ‘a thriving business environment that is compatible with Palo Alto’s residential character and natural environment.’” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Amendment, “complements and” after “environment that” and replace in the Amendment, “character” with “neighborhoods.” AMENDMENT AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Kou to add to the Motion, “replace Goal B-2 with, ‘a thriving business environment that complements and is compatible with Palo Alto’s residential neighborhoods and natural environment.’” (New Part M) AMENDMENT AS AMENDED PASSED: 6-3 Fine, Scharff, Tanaka no AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “replace Policy B-2.4 with, ‘consider a variety of planning and regulatory tools including growth limits, to ensure change is compatible with the needs of Palo Alto neighborhoods.’” (New Part N) AMENDMENT PASSED: 5-4 Fine, Kniss, Scharff, Tanaka no AMENDMENT: Council Member Holman moved, seconded by Council Member DuBois to add to the Motion, “add to Policy B-7.7, ‘discourage zoning actions that could increase the cost of business space’ after ‘outdated space.’” AMENDMENT FAILED: 4-5 DuBois, Filseth, Holman, Kou yes DRAFT ACTION MINUTES Page 7 of 9 City Council Meeting Draft Action Minutes: 5/22/17 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Goal B-5, ‘flexibility’ with ‘efficiency’ and replace in Subsection Flexibility and Predictability, ‘flexibility’ with ‘efficiency.’” (New Part O) AMENDMENT: Council Member Holman moved, seconded by Council Member Kou to add to the Motion, “include in Policy B-1.7, ‘on an ongoing basis, evaluate opportunities for City involvement in public/private partnerships, including public investment in infrastructure and other improvements, siting of public art, and modification of land use regulations and other development controls.’” AMENDMENT FAILED: 3-6 DuBois, Holman, Kou yes AMENDMENT: Council Member Holman moved, seconded by Council Member XX to add to the Motion, “replace in Policy B-4.4, ‘a mix of’ with ‘a prioritization of.’” AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “replace in Subsection Retail, ‘retail sales tax provides approximately five percent of total revenues’ with ‘retail sales tax provides approximately XX percent of general fund revenues’ and direct Staff to include the correct percentage.” (New Part P) MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Wolbach to direct Staff to prepare a revised draft of the Business and Economics Element for referral to the Planning and Transportation Commission including the following changes: A. Replace in Policy B-6.1, “containing” with “prioritizing” and add to Policy B-6.1, “start-ups” after “small office;” and B. Add to Policy B-4.2, “start-ups” after “small businesses;” and C. Add to Program B4.2.1, “start-ups” after “small businesses;” and D. Add to Policy B-4.3, “and start-ups” after “small businesses;” and E. Add to Policy B-3.1, “adds real accounting of unfunded pension liability and unfunded benefit costs;” and DRAFT ACTION MINUTES Page 8 of 9 City Council Meeting Draft Action Minutes: 5/22/17 F. Replace in Program B1.1.1, “direct the Palo Alto Office of Economic Development to implement the” with “implement an;” and G. Add to Policy B-2.3, “with a priority on neighborhood quality of life;” and H. Remove Program B4.6.2; and I. Remove Program B4.6.3; and J. Replace in Policy B-5.1, “flexibility” with “efficiency;” and K. Replace in Policy B-5.3, “strengthen the role of the Office of” with “focus on;” and L. Clean up and potentially merge Policies B-6.5 and B-6.6 for consistency and confirm if these Policies belong in the Business and Economics Element; and M. Replace Goal B-2 with, “a thriving business environment that complements and is compatible with Palo Alto’s residential neighborhoods and natural environment;” and N. Replace Policy B-2.4 with, “consider a variety of planning and regulatory tools including growth limits, to ensure change is compatible with the needs of Palo Alto neighborhoods;” and O. Replace in Goal B-5, “flexibility” with “efficiency” and replace in Subsection Flexibility and Predictability, “flexibility” with “efficiency;” and P. Replace in Subsection Retail, “retail sales tax provides approximately five percent of total revenues” with “retail sales tax provides approximately XX percent of general fund revenues” and direct Staff to include the correct percentage. MOTION AS AMENDED PASSED: 9-0 Inter-Governmental Legislative Affairs None. DRAFT ACTION MINUTES Page 9 of 9 City Council Meeting Draft Action Minutes: 5/22/17 Council Member Questions, Comments and Announcements Council Member DuBois reported his attendance along with approximately 130 attendees at the Rail Program Community Workshop this past Saturday. He expressed his appreciation to Staff for running the meeting well. He shared his attendance at the Barron Park May Fete Festival at Bol Park on Sunday. Council Member Filseth requested an update from Staff regarding AB1250, which would regulate cities’ ability to contract. James Keene, City Manager shared Charter Cities, such as Palo Alto, may be exempt from AB1250. He announced that Staff will return with more information regarding AB1250. Council Member Tanaka reported meeting with United States Secretary of Transportation Elaine Chao, Peninsula Corridor Joint Powers Board (Caltrain) Chair Jeff Gee, and Millbrae City Council Member Wayne Lee in Washington, D.C. He reported feeling encouraged following the meeting, but read the next morning that additional federal Caltrain funding was not forth coming. He shared that he met with Norman Mineta, former United States Secretary of Transportation who encouraged persistence with the Department of Transportation regarding Caltrain funding. Council Member Tanaka commented that federal funding would be important as Palo Alto considers grade separations along the Caltrain Corridor. Vice Mayor Kniss announced her attendance at the Rail Program Community Workshop. She requested a copy of the City’s original rail study. Adjournment: The meeting was adjourned at 11:13 P.M. City of Palo Alto (ID # 8135) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Approve Contract with AECOM for the Baylands Comprehensive Plan Title: Approval of a Contract with AECOM in the Amount of $330,000 for the Development of the Baylands Comprehensive Conservation Plan (PG -17000) From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council approve a Professional Services Agreement with AECOM in the amount of $330,000 for the development of a Baylands Comprehensive Conservation Plan (Attachment A) funded in the Baylands Comprehensive Conservation Plan Capital Project (PG-17000). Background The 1,940-acre Baylands Preserve is one of the largest tracts of undisturbed marshland remaining in the San Francisco Bay. Fifteen miles of multi-use trails provide access to a unique mixture of tidal and fresh water habitats. The Preserve is a major migratory stopover on the Pacific Flyway and also home to a substantial resident population of birds. Several threatened and endangered plant and animal species are also present in the Baylands. In 1978, the City adopted the Baylands Master Plan as a long-range plan for treating the Baylands as an integrated whole and balancing ecological preservation with continued commercial and recreational use. The overall goal was to preserve and enhance the unique irreplaceable resources while providing a framework and guide for future actions in the area. Since its adoption, the document has evolved and was updated several times. The most recent update was adopted by Council on October 6, 2008 (Resolution No. 8864). The Baylands Master Plan mentions that in the future, a Baylands Comprehensive Conservation Plan would be completed and may include specific programs to achieve the goals and policies of the Baylands Master Plan. City of Palo Alto Page 2 In 2006, the City contracted with Environmental Science Associates (ESA) to prepare the Baylands Comprehensive Conservation Plan for the entirety of the Baylands Nature Preserve. Due to budget issues, the funding was removed and the project was terminated; however, a Baylands Comprehensive Conservation Plan (PG-17000) was approved in the FY17 Adopted Capital Budget. Discussion Scope of Services Description The purpose of the Baylands Comprehensive Conservation Plan (BCCP) is to develop guiding principles and best management practices for the Palo Alto Baylands Nature Preserve. The BCCP will provide City staff, the Parks and Recreation Commission and City Council with clear direction on how to manage the Baylands using an ecosystem- based model that considers both conservation and recreation goals. As stewards of the Baylands, it is essential to develop a clear set of best management practices and strategies to guide how management, maintenance, and enhancement of the Baylands should be conducted. The BCCP will provide tools for open space staff to implement immediately and in the near term, and may also recommend future projects and program enhancements as funding allows. The BCCP will identify and include the following items listed below: 1. Set forth the vision, goals, objectives, and strategies that will define the management direction of the Baylands Nature Preserve for the next 15 years. 2. A prioritized Action Plan to realize the goals, objectives, and strategies that reflect current/anticipated funding, staffing and volunteer levels. 3. The Action Plan to provide clear guidance on how to accomplish the following: a. Conserve, restore, enhance, create, and acquire habitats to support the diversity and abundance of the flora and fauna in the Baylands. b. Provide the community and other visitors with compatible wildlife-oriented outdoor recreation opportunities to enjoy, learn about, and appreciate the resources of the Baylands. c. Inspire park visitors and increase public awareness and understanding of the Baylands through diverse environmental education programs and interpretation that encourages and promote environmental stewardship and conservation. d. Ensure that Public Art is appropriate for the Baylands, and located in appropriate locations. This will include a Public Art Plan specific for the Baylands area (east of Highway 101) 4. A Design Plan for the Byxbee Park Hills, which will build upon the 2015 Byxbee Park Hills Interim Plan. The Design Plan will be used to implement the Capital Improvement Project for Byxbee Park Completion (PE-18006). City of Palo Alto Page 3 5. Assessment of the Baylands former ITT property including the best use of the site and existing facilities in the future. Summary of Solicitation Process A competitive solicitation process was initiated in December 2016 by Community Services and Purchasing staff with the goal of attracting consultants with expertise and knowledge in wetland ecology, South San Francisco Bay vegetation and wildlife, environmental education, recreation, and stakeholder and community engagement. A Request for Proposals (RFP# 166482) was issued in December 13, 2016. Prospective bidders were allowed 30 days to respond to accommodate the standard December and January holiday schedule. A pre-bid meeting was held via telephone to review the scope of work and to allow verbal responses to questions from consulting firms. Three firms submitted proposals to complete the BCCP. An evaluation committee consisting of Community Services Department staff reviewed the proposals and all three firms were invited to participate in oral interviews. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The three firms that submitted proposals were: AECOM, Sacramento, CA MIG, San Jose, CA Perkins+Will, San Francisco, CA The evaluation committee selected AECOM as the consultant with the most experience that directly relates to development of the BCCP, including knowledge of South San Francisco Bay ecosystems, experience leading public engagement efforts, and experience in natural resource management in parks. A summary of the solicitation process is below. Baylands Comprehensive Conservation Plan RFP# 166482 Proposed Length of Project: 18 months Proposals posted to Planet Bids: January 19, 2017 Total Days to Respond to Proposal: 30 days (December 13, 2016 to January 19, 2017) Pre-proposal (Telephone) Meeting Date: January 4, 2017 at 1:00PM Number of Proposals Received: 3 Timeline The term of this agreement is June 12, 2017 (contract execution date) through December 31, 2019. Resource Impact Funding for this study and planning process is included in Capital Improvement Plan City of Palo Alto Page 4 project PG-17000: Baylands Comprehensive Conservation Plan, which was adopted by Council in Fiscal Year 2017. This project is for development of the BCCP only. Funding for projects recommended in the Plan will be brought forward in future budgets, as necessary. Grant opportunities and public/private partnerships will also be pursued as a mechanism to fund future projects or programs. Many grant opportunities are only possible if the local agency has an adopted conservation plan in place. The Baylands already benefits from thousands of hours of environmental volunteer time annually and it is expected that future restorations and enhancements will be completed with the assistance of our dedicated volunteers. Policy Implications Completion of the BCCP directly supports Comprehensive Plan Policy N-1: Manage existing public open space areas and encourage the management of private open space areas in a manner that meets habitat protection goals, public safety concerns, and low impact recreation needs. The BCCP also supports Comprehensive Plan Policy N-8: Preserve and protect the Bay, marshlands, salt ponds, sloughs, creeks, and other natural water or wetland areas as open space. The Draft Parks, Trails, Natural Open Space and Recreation Master Plan includes the following policy and program related to this contract: Policy 4.A In natural open space, ensure activities, projects and programs are compatible with the protection of nature. Program 4.A.1 Develop comprehensive conservation plans for Baylands Preserve, Foothills Park, Esther Clark Park and Pearson-Arastradero Preserve to identify strategies to balance ecosystem preservation, passive recreation and environmental education. Environmental Review Environmental review pursuant to Section 15262 of the California Enviornmental Quality Act (CEQA) guidelines is not included in this contract. A programmatic CEQA review will begin in fiscal year 2019 to coincide with the completion of the BCCP. Attachments: Attachment A - Contract with AECOM CITY OF PALO ALTO CONTRACT NO. C17166482 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND AECOM FOR PROFESSIONAL SERVICES This Agreement is entered into on this 15th day of April, 2017, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and AECOM Technical Services, Inc, a Delaware Corporation, located at 220 L Street, Suite 400, Sacramento, CA 95811 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement: A. CITY intends to engage the CONSULTANT to proceed with the Baylands Comprehensive Conservation Plan (“Project”) and desires to engage CONSULTANT to develop guiding principles and best management practices to holistically manage the Palo Alto Baylands by balancing ecosystem protection, environmental education and passive recreational uses in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A- 1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 2 work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through September 30, 2018 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 prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed Three-Hundred-Thirty-Thousand Dollars ($330,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Three-Hundred-Thirty-Thousand Dollars ($330,000). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed within each task and the applicable charges including an identification of personnel who performed the services. CONSULTANT shall send all invoices to the CITY’s project manager at the address specified in Section 13 below. 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 and approval by CITY’s project manager. 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 subcontractors, if permitted, have and shall maintain during the term of this Agreement all DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 3 licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that 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 to 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. Option A: No Subcontractor: 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. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 4 subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: (not applicable) CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subcontractor. CONSULTANT shall change or add subcontractors only with the prior approval of the CITY’s Project Manager or her designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Rod Jeung as its Project Director to have supervisory responsibility for the performance, progress, and execution of the Services and Petra Unger as the CONSULTANT’S Project Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the Project Director, Project Manager, or any other key personnel for any reason, the appointment of a substitute Project Director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s Project Manager is Kristen O’Kane, Assistant Director, Community Services Department, Lucie Stern Community Center, 1305 Middlefield Road, Palo Alto, CA 94303. Telephone: (650) 463-4908. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the CITY Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 5 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”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall 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 DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 6 days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The CITY Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the CITY Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the CITY Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 7 To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 8 invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the CITY, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the CITY of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the CITY of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR 26.1 CONSULTANT is required to pay general prevailing wages as defined in DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 9 Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the CITY Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the CITY of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance. SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 10 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform CITY immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without CITY’s express written consent. 27.10 All unchecked boxes do not apply to this agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement // // // // // // // // // // // DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 1 CONTRACT No. C17166482 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO CITY Manager APPROVED AS TO FORM: CITY Attorney or designee AECOM, INC. Officer 1 By: Name: Petra Unger Title: Principal – Natural Resources Officer 2 (Required for Corp. or LLC) By: Name: Dennis Bane Title: Vice President Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1”: DIAGRAM OF THE BAYLANDS EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 2 EXHIBIT “A” SCOPE OF SERVICES BAYLANDS COMPREHENSIVE CONSERVATION PLAN PURPOSE AND OBJECTIVES The purpose of the Baylands Comprehensive Conservation Plan (BCCP) is to develop guiding principles and best management practices to holistically manage the Palo Alto Baylands Nature Preserve (as generally marked in Exhibit A-1) by balancing ecosystem protection, environmental education and passive recreational uses. The BCCP will provide CITY, its staff, the Parks and Recreation Commission and City Council with clear direction on how to manage the Baylands using an ecosystem-based model that considers both conservation and recreation goals. The BCCP will identify and include the following items, which are explained more fully in the tasks below: 1. The vision, goals, objectives, and strategies that will define the management direction of the Baylands Nature Preserve for the next 15 years. 2. A prioritized Action Plan to realize the goals, objectives, and strategies that reflect current/anticipated funding, staffing and volunteer levels. 3. The Action Plan should provide clear guidance on how to accomplish the following: a. Conserve, restore, enhance, create, and acquire habitats to support the diversity and abundance of the flora and fauna in the Baylands. b. Provide the community and other visitors with compatible wildlife-oriented outdoor recreation opportunities to enjoy, learn about, and appreciate the resources of the Baylands. c. Inspire park visitors and increase public awareness and understanding of the Baylands through diverse environmental education programs and interpretation that encourages and promote environmental stewardship and conservation. d. Ensure that Public Art is appropriate for the Baylands, and located in appropriate locations. This will include a Public Art Plan specific for the Baylands area (east of Highway 101) 4. A Design Plan for the Byxbee Park Hills, which will build upon the 2015 Byxbee Park Hills Interim Plan. The Design Plan will be used to implement the FY18 Capital Improvement Project for Byxbee Park Completion. TASK 1: DEVELOP WORKPLAN The CONSULTANT and CITY staff will together finalize a detailed scope of work tasks and schedule. All existing information that will need to be provided by the CITY and any other relevant organization will be identified in this task. Meetings to Include: • Meeting with CITY staff to review scope and schedule DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 3 CONSULTANT’S Deliverables: Scope and schedule Request for information letter(s) to CITY and other parties TASK 2: IDENTIFY EXISTING HABITAT AREAS, USES AND MANAGEMENT PRACTICES CONSULTANT will identify and map vegetation and habitat areas, including critical habitat and established mitigation areas using existing data sources and verify them in the field. Additional information to be mapped includes existing trails and other recreational facilities, public art installations, interpretive center and signage, other non-recreational features and facilities. The CONSULTANT will also identify the existing uses at the Baylands including the estimated volume and frequency of use (e.g., plant nursery, volunteer programs, organized recreational camps and programs, environmental education tours and programs, passive recreation, etc.). CONSULTANT will also report on the current management and maintenance practices conducted by City of Palo Alto staff. Meetings to Include: Walking/driving tour of Baylands with CITY staff Meeting(s) with City Open Space and Public Art staff to review current management/maintenance practices Meetings with Baylands volunteers and experts CONSULTANT’S Deliverables: Base map(s) of existing vegetation types, habitat areas, recreational trails and facilities, non-recreational features and facilities Report on existing conditions of Baylands including critical habitat, wildlife corridors, mitigation areas, public access areas, interpretive messaging and public art Report on type and frequency of existing uses at the Baylands Report of current management practices TASK 3: ESTABLISH A STAKEHOLDER ADVISORY GROUP CONSULTANT will develop and implement a stakeholder engagement plan including working with CITY to identify the target audiences and key stakeholders who will provide input on the BCCP during development. The stakeholder engagement plan should include timing of stakeholder participation. CONSULTANT will generally be present at all Stakeholder Advisory Group meetings and will work with CITY staff to draft meeting agendas and summaries. CONSULTANT may also be called on to meet other stakeholders, including the CITY’s City Council and regional, state, and federal agencies that may impact future Baylands activities. Meetings to Include: • Stakeholder Advisory Group meetings (number TBD) Periodic meetings with the CITY and governmental agencies. CONSULTANT’S Deliverables: Stakeholder Engagement Plan Stakeholder meeting agendas and meeting summaries DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 4 TASK 4: SUMMARIZE FUTURE PLANNED CHANGES TO LAND, USES, AND ACTIVITIES CONSULTANT will summarize any future capital improvement projects, maintenance projects, public art installations, revegetation efforts and land use changes that are currently planned or proposed. This would include any future activities or uses by the CITY or a third party that are budgeted or planned for the future. CONSULTANT’S Deliverables: Report summarizing planned improvements, projects, and/or changes to features or facilities TASK 5: VISION, GOALS AND OBJECTIVES The CONSULTANT will facilitate meetings with CITY staff and the Stakeholder Advisory Group to develop a Vision, Goals and Objectives for the BCCP. The Vision, Goals and Objectives should guide the management of the Baylands for the next 15 years and reflect the multitude of uses within the Baylands (habitat, wildlife, recreation, environmental education, public art). Meetings to Include: Stakeholder Advisory Group meeting(s) (as identified in Task 3) CONSULTANT’S Deliverables: Draft Vision, Goals and Objectives Draft Final Vision, Goals and Objectives Final Vision, Goals and Objectives TASK 6: OPPORTUNITIES ANALYSIS AND BEST MANAGEMENT PRACTICES Using the information and data collected in Tasks 2, 3 and 4, CONSULTANT will identify and prioritize opportunities for improved conservation practices and enhancements to the recreation system including, but not limited to, wildlife-appropriate public access, areas to preserve as wildlife habitat, areas to develop trails or other recreational amenities, and best management practices for the holistic management of wildlife, habitat and recreation. Opportunities for placement of interpretive messaging and appropriate public art will also be identified. A prioritized schedule of future projects related to these identified opportunities will be included. An analysis of limitations and restrictions due to protection of critical habitat, protected plant and wildlife species, or existing land uses will be completed and considered in the opportunities analysis. Meetings to Include: Parks and Recreation Commission Public Art Commission Stakeholder Advisory Group CONSULTANT’S Deliverables: Draft Opportunities Analysis Report, including: DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 5 -Critical areas to preserve as wildlife habitat and wildlife corridors -Opportunities for wildlife-appropriate public access -Proposed trails or other recreation areas -Prioritization schedule -Best management practices -Opportunities for interpretive messaging and signage -Appropriate types of and locations for public art Final Opportunities Analysis Report TASK 7: IMPACTS TO BAYLANDS FROM CLIMATE CHANGE/SEA LEVEL RISE CONSULTANT will use existing data and predictions on climate change and sea level rise to assess the potential impacts to wildlife and vegetation communities in the Baylands. A discussion of types of management adaptations in response to sea level rise will be included. CONSULTANT’S Deliverables: Report summarizing predicted impacts to Baylands from sea level rise, including map(s), data sources and management adaptations TASK 8: ACTION PLAN CONSULTANT will develop an Action Plan that identifies and prioritizes realistic and specific actions that will guide achievement of the goals, objectives, and strategies. The actions should reflect current and projected funding, staffing and volunteer levels. The Action Plan should provide clear guidance on how to: 1. Conserve, restore, enhance, create, and acquire habitats to support the diversity and abundance of the flora and fauna in the Baylands a. CONSULTANT will provide guidance and best management practices on how to manage the vegetation and habitat to maximize wildlife benefits (where to focus volunteer and staff efforts to remove invasive plants and plant native plants, the appropriate species of native plants, including prioritization) b. CONSULTANT will provide guidance and best management practices on wildlife management, including pest management of non-native plants and animals. c. CONSULTANT will provide guidance on how to manage the Duck Pond and flood basin to increase its habitat value, while continuing to allow wildlife- appropriate public access 2. Provide the community and other visitors with compatible wildlife-oriented outdoor recreation opportunities to enjoy, understand, and appreciate the resources of the Baylands 3. Inspire park visitors and increase public awareness and understanding of the Baylands through diverse environmental education and interpretation that helps encourage and promote environmental stewardship and conservation DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 6 a. This should include a comprehensive design guide for interpretive displays, signage and messaging to ensure that the entire preserve, including all the facilities (the Baylands, Lucy Evans Nature Interpretive Center, Nature Plant Nursery, EcoCenter, etc.), provide a complimentary interpretive message to our diverse group of park visitors. b. Ensure that future temporary and permanent Public Art installations are appropriate for the Baylands, may enhance interpretive and visitor engagement goals, and identify potential locations for temporary and permanent public art. This will include a Public Art Plan specific for the Baylands area (east of Highway 101) and use the recently adopted Public Art Master Plan as a guiding document. CONSULTANT’S Deliverables: Draft Action Plan Final action plan TASK 9: DESIGN PLAN FOR BYXBEE PARK HILLS MASTER PLAN CONSULTANT will develop a Design Plan for the Byxbee Park Hills. The Plan will incorporate lessons learned and build upon the 2015 Byxbee Park Hills Interim Plan. The Design Plan will include a design that will guide management of vegetation and wildlife habitat, and the development of trail alignment, benches and signage, parking for the Byxbee Park Hills, and any other amenities that are supported by the BCCP and the community. Meetings to include: Discussion with CITY over CONSULTANT’S Draft Design Plan CONSULTANT’S Deliverables: Draft Design Plan Final Design Plan TASK 10: ASSESSMENT OF BAYLANDS FORMER ITT PROPERTY CONSULTANT will conduct an assessment of a 36.5 acre parcel of land located within the Baylands to determine the best use for the site. On June 27, 2016, City Council approved the purchase of a 36.5 acre exclusive easement from Global Wireless at the former ITT site located in the Baylands. CITY currently owns the underlying fee title to the site and after completing the purchase, it will have full ownership, control and possession of the site. There are currently five buildings on the site, which were determined in 1998 to be eligible for the National Register of Historic Places. The process to dedicate the 36.5 acres as parkland is underway, however; the best use of the site, including the existing facilities and structures remains uncertain. CONSULTANT will evaluate the site and develop an assessment of possible uses for the site recognizing both the ecological and historical significance it represents. Possible alternatives could include site restoration, structure removal or structure restoration for a variety of purposes. CONSULTANT will prepare DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 7 a report with the results of the alternatives assessment. The assessment will include a description of benefits, costs, including regulatory requirements of each alternative. CONSULTANT’S Deliverables: Alternatives assessment for the 36.5 acre parcel TASK 11: DRAFT BAYLANDS COMPREHENSIVE CONSERVATION PLAN The CONSULTANT will prepare a draft BCCP for staff, Stakeholder Advisory Group, Commission, and City Council review. The report will include all of the elements included in the Scope of Work, including a summary of stakeholder engagement efforts. The CONSULTANT will be available to present the Draft BCCP to the Stakeholder Advisory Group, Parks and Recreation Commission, Public Art Commission and City Council. Meetings to Include: Stakeholder Advisory Group (presentation) Parks and Recreation Commission (presentation) Public Art Commission (presentation) City Council meeting (presentation) CONSULTANT’S Deliverables: Draft Baylands Comprehensive Conservation Plan PowerPoint presentation slides TASK 12: FINAL BAYLANDS COMPREHENSIVE CONSERVATION PLAN CONSULTANT will prepare a Draft of the Final BCCP for staff review. Upon review and approval by CITY staff, a Final BCCP will be presented to the Stakeholder Advisory Group, Parks and Recreation Commission, Public Art Commission and City Council. Meetings to Include: Stakeholder Advisory Group (presentation) Parks and Recreation Commission (presentation) Public Art Commission (presentation) City Council meeting (presentation) CONSULTANT’S Deliverables: Draft Final Baylands Comprehensive Conservation Plan Final Baylands Comprehensive Conservation Plan Revised PowerPoint presentation slides DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 8 EXHIBIT “A-1” DIAGRAM OF BAYLANDS The thin red line outlines the area of the Baylands. The blue lines are also intended to help mark the areas that are included in the Baylands. DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 9 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within from execution of the Agreement to September 30, 2018. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within two weeks of receipt of the notice to proceed. The schedule of work shall include an estimated budget for each task (and any others not identified below), including estimated work hours for each person working on that task and their billable rate. The CITY’s City Manager (or his designee(s)) shall approve the schedule of work, at which time it will become integrated into this contract. Milestones 1. TASK 1: Develop Work Plan 2. TASK 2: Identify Existing Habitat Areas, Uses, and Management Practices 3. TASK 3: Establish a Stakeholder Advisory Group 4. TASK 4: Summarize Future Planned Changes to Land, Uses and Activities 5. TASK 5: Vision, Goals and Objectives 6. TASK 6: Opportunities Analysis and Best Management Practices 7. TASK 7: Impacts to Baylands from Climate Change/Sea Level Rise 8. TASK 8: Action Plan 9. TASK 9: Design Plan for Byxbee Park Hills Master Plan 10. TASK 10: Assessment of Baylands Former ITT Property 11. TASK 11: Draft Baylands Comprehensive Conservation Plan 12. TASK 12: Final Baylands Comprehensive Conservation Plan DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 10 EXHIBIT “C” COMPENSATION 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 Exhibit A, Scope of Services. Compensation shall not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories 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. Total Basic Services and Reimbursable expenses: $330,000. Additional Services (Not to Exceed) $0.00 Maximum Total Compensation: $330,000. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: None. ADDITIONAL SERVICES CONSULTANT shall provide additional services only by advance written authorization from the CITY. 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. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 11 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. DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Professional Services Rev. April 27, 2016 12 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 DocuSign Envelope ID: B5A7AF5C-7C0E-4995-BF94-E1F4E095A205 Certificate Of Completion Envelope Id: B5A7AF5C7C0E4995BF94E1F4E095A205 Status: Sent Subject: Please DocuSign: C17166482 AECOM PSA BCCP 05-03-17 FINAL.docx Source Envelope: Document Pages: 22 Signatures: 3 Envelope Originator: Supplemental Document Pages: 0 Initials: 0 Kenneth Mullen Certificate Pages: 5 AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Payments: 0 250 Hamilton Ave Palo Alto , CA 94301 Kenneth.Mullen@CityofPaloAlto.org IP Address: 12.220.157.20 Record Tracking Status: Original 5/3/2017 9:52:33 AM Holder: Kenneth Mullen Kenneth.Mullen@CityofPaloAlto.org Location: DocuSign Signer Events Signature Timestamp Petra Unger petra.unger@aecom.com Security Level: Email, Account Authentication (None) Using IP Address: 104.129.198.114 Sent: 5/3/2017 9:57:00 AM Viewed: 5/3/2017 10:28:04 AM Signed: 5/3/2017 10:30:19 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Dennis Bane dennis.bane@aecom.com Security Level: Email, Account Authentication (None) Using IP Address: 104.129.198.70 Sent: 5/3/2017 10:30:20 AM Viewed: 5/3/2017 10:31:53 AM Signed: 5/3/2017 10:33:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Using IP Address: 24.104.73.2 Signed using mobile Sent: 5/3/2017 10:33:13 AM Viewed: 5/3/2017 1:47:41 PM Signed: 5/3/2017 1:49:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: James Keene james.keene@cityofpaloalto.org City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 5/3/2017 1:49:51 PM Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kristen O'Kane Kristen.O'Kane@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Daren Anderson daren.anderson@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kenneth Mullen kenneth.mullen@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/3/2017 1:49:51 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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City of Palo Alto (ID # 7703) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Amendment No. 2 to Contract No. S15155738 With ARC for Scanning in an amount not to exceed $847,961 Title: Approval of Amendment Number 2 to Contract Number S15155738 Between the City of Palo Alto and American Reprographics Company, LLC for Document Scanning Services to Increase Compensation by $414,726 for a Total Amount Not-to-Exceed $847,961 and Amend Other Terms and Conditions From: City Manager Lead Department: Administrative Services Recommendation Staff recommends that Council authorize the City Manager or his designee to execute Amendment No. 2 to Contract No. S15155738 with American Reprographics Company, LLC (“Assignor”), ARC Document Solutions, LLC (“Assignee”) and City of Palo Alto (“Client”) for document scanning services to increase compensation by $414,726 for a total amount not-to- exceed $847,961, to amend other terms and conditions and rates, to incorporate exhibits related to the City’s standard information privacy provisions, and to consent to the assignment of the Agreement to Assignee. Background After an extensive RFP process, American Reprographics Company, LLC was awarded the Archiving Information Management Services contract on March 1, 2015 for a one-year term with three optional one-year renewal terms. Amendment No. 1, approved by Council on August 17, 2015, increased the contract’s total compensation by $348,735 from $84,500 to $433,235 (Report ID # 5790). Discussion This Amendment No. 2 will bring the contract value from a do-not-exceed amount of $433,235 to $847,961, an increase of $414,726. Since initially launching the City’s scanning efforts, the volume has increased. This is due to a larger than first estimated Development Services Department microfiche backlog and project plans and additional Planning Department project scanning. This work continues the phased approach to scanning across the City where City of Palo Alto Page 2 departments address the backlog of paper documents and more departments join the effort. Making documents available electronically through scanning has helped departments manage and share documents more efficiently, increased turn around times for public information requests, and freed up floor space in City Hall. The City also contracts with ARC for multi-function copier, scanner machines under a separate contract, which was approved by Council in November 2016 (Report ID # 7046). As departments shift from scanning a backlog of documents the copiers can be used to scan documents directly into the ARC hosted cloud-based archive solution provided with this contract. This Amendment will also acknowledge and consent to the assignment of the Agreement, incorporate contract revisions to existing provisions related to rates, contract term, termination, limitation of liability and warranties, as specified in the Amendment, and add new Exhibits C through E related to information privacy. Resource Impact The additional funding is for identified departmental scanning projects. The existing individual department scanning budgets will fund these scanning projects and no additional budget adjustments are needed. Staff anticipates this will be the last major budget allocation to address the backlog of paper documents. It is expected that ongoing scanning costs will continue at a lower cost with the majority of activity in the Development Services and Planning Departments where building and development plans continue to be paper-based. The breakdown across departments of the increased contract allocation in this amendment is shown below. Department: Amount: Administrative Services $ 30,386 Planning and Community Environment $ 91,248 Development Services $ 226,816 Utilities $ 17,040 Public Works $ 29,419 Fire $ 4,192 City Attorney $ 9,432 $ 6,193 Total $414,726 City of Palo Alto Page 3 Policy Implications Approval of the agreement is consistent with existing City policies. Environmental Review These services do not constitute a project for the purposes of the California Environmental Quality Act. This citywide scanning project will decrease the amount of paper and toner used to make reproductions and will help make city processes more sustainable as a result. Attachments: Attachment A - Second Amendment to Contract No. S15155739 Archiving Information Management Services Agreement SECOND AMENDMENT TO CONTRACT NO. S15155738 ARCHIVING INFORMATION MANAGEMENT SERVICES AGREEMENT This Amendment to the Archiving Information Management Services Agreement (“Second Amendment”) dated December 7, 2016, between American Reprographics Company, LLC and City of Palo Alto is entered into by and between American Reprographics Company, LLC (“Assignor”), ARC Document Solutions, LLC (“Assignee”) and City of Palo Alto (“Client”). The following changes are agreed upon by the undersigned parties: RECITALS WHEREAS, the Parties have entered into an Archiving Information Management Services Agreement, dated March 1, 2015 (the “Agreement”); WHEREAS, the Parties have entered into that Amendment to Archiving Information Management Services Agreement, dated November 19, 2015 (the “First Amendment”); WHEREAS, the Parties desire to amend the Terms and Conditions of the Agreement as set forth in this Second Agreement. WHEREAS, the Parties desire to amend the Rates as identified in Exhibit B of the Agreement to allow for the adjusted Rates as set forth in the amended Exhibit B of this Second Agreement. WHEREAS, the Parties desire to incorporate Exhibit C, as attached in this Second Agreement, as part of the Agreement. WHEREAS, the Parties desire to incorporate Exhibit D, as attached in this Second Amendment, as part of the Agreement. WHEREAS, the Parties desire to incorporate Exhibit E, as attached in this Second Amendment, as part of the Agreement. WHEREAS, Assignor hereby assigns all of its right, title and interest in and to the Agreement to Assignee, and Assignee hereby assumes all of Assignor’s right, title and interest in and to the Agreement, pursuant to the terms and conditions of this Second Amendment. Client consents to the assignment of the Agreement from Assignor to Assignee. NOW, THEREFORE, in consideration of the premises set forth above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Agreement. 2. Amendment. As of the Effective Date, the Agreement is hereby amended or modified as follows: a)Section 1-Term. ATTACHMENT "A" The second sentence of Section 1 of the Agreement is hereby replaced by the following “Thereafter, this Agreement may be renewed for not more than two (2) additional one (1) year periods (“Maintenance Period(s)”)." b) Section VI- Termination/Default. The first sentence of Section VI is hereby replaced with “Client may terminate this Agreement by providing thirty (30) days’ notice to ARC.” c)Section X-Representations and Warranties. The second sentence of Section X is hereby replaced as “The expressed warranty set forth in this Section X is a limited warranty and is the only warranty made by ARC.” The last sentence of Section X is hereby deleted. d) Section XI -Indemnification; Limitation of Liability. Section XI (3) is hereby replaced as: In no event shall either party be liable to the other party or to any third party for any loss of use, revenue or profit or loss of data, or for any consequential, incidental, indirect, exemplary, special or punitive damages, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages. e)Exhibit B to the Agreement setting forth the Rates under the Agreement is hereby replaced by the amended Exhibit B attached to this Second Amendment. f)Exhibit C, Exhibit D, and Exhibit E as set forth in this Second Amendment are incorporated into the Agreement. g)Assignor hereby assigns all of its right, title and interest in and to the Agreement to Assignee, and Assignee hereby assumes all of Assignor’s right, title and interest in and to the Agreement, pursuant to the terms and conditions of this Second Amendment. Client consents to the assignment of the Agreement from Assignor to Assignee. 3. Miscellaneous. (a) This Second Amendment shall inure to the benefit of and be binding upon each of the Parties and each of their respective successors and assigns. (b) The headings in this Second Amendment are for reference only and do not affect the interpretation of this Second Amendment. (c) This Second Amendment may be executed in counterparts, each of which is deemed an original, all of which constitutes one and the same agreement. Delivery of an executed counterpart of this Second Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Second Amendment. (d) This Second Amendment constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. (e) Each Party shall pay its own costs and expenses in connection with this Second Amendment (including the fees and expenses of its advisors, accounts and legal counsel). IN WITNESS WHEREOF, the Parties have executed this Second Amendment to be effective as of the date first above written. ASSIGNOR AMERICAN REPROGRAPHICS COMPANY, L.L.C. a California limited Liability Company By: Name: D. Jeffery Grimes Title: Corporate Secretary ASSIGNEE ARC DOCUMENT SOLUTIONS, LLC a Texas limited liability company By: Name: D. Jeffery Grimes Title: Corporate Secretary CLIENT CITY OF PALO ALTO By: Name: Exhibit B Rates 1.Rate for Services. Commencing on the first day in which ARC begins to provide Services, Client may select from one of two payment options: 1. Pay a fee of Ten Thousand Dollars ($10,000) as a onetime fee (“Fee”) for the platform and a fee of Four Hundred Dollars ($400.00) a month for information access to the platform during the term. Option 2: Pay a fee of Eight Hundred Thirty Three Dollars and Thirty Three Cents ($833.33) for Twelve (12) months in lieu of the onetime fee and a fee of Four Hundred Dollars ($400.00) a month for information access to the platform during the term. Client may choose The Fee is inclusive of the Services noted in Exhibit A. A sum calculated in accordance with the fee schedule set forth in Exhibit B, not to exceed a total maximum compensation amount of Eight Hundred Forty Seven Thousand Nine Hundred Sixty One dollars ($847,961.00). ARC will notify the client when this amount is reached and provide any remaining or additional services based on the Client’s written approval. 2.Actual Document Volume. Depending upon the Client’s actual document volume, ARC will increase or decrease the Fee based on the rates noted in exhibit B. 3.Actual Document Condition. ARC expects the documents to be of good quality which will not require additional preparation prior to scanning. Should the quality of the documents require document preparation, ARC will provide the Service for these types of documents at the Rates specifically set forth below in Exhibit B. 4.On-Going Intelligent Storage and Access Fee. Client will pay an on- going information storage and access fee (“Maintenance Fee”) noted in section 1 above beginning with the first month of access. On the anniversary of any Maintenance Period, ARC may increase the Rates for PWC to reflect increases in the functional and underlying technological advances made to the PWC. ARC will provide written notification of any increases in Rates and such increase will be prospective. In no event shall any increase in Rates for the PWC in any given year exceed five percent (5%) of the prior year’s Rate. 5.Services. Client will pay for additional system capacity or imaging services based on the following rates. Such additional fees will be invoiced as set forth below: Scanning and Indexing Services Price Scanning Small Format Documents up to 11 x 17 Black/White $0.05/image Scanning small format documents up to 11 x 17 Color/Greyscale $0.15/image Scanning Large Format B/W Documents 12 x 18 up to 36 x 48 to PDF: $0.90/page Scanning Large Format Color Documents 12 x 18 up to 36 x 48 to PDF: $1.20/page File Renaming/Indexing Small Format: $0.12/field File Renaming/Indexing Large Format: $0.12/field Scan & Index Single Format Microfiche $1.50 per jacket Auto Import to PWC $1.00 per file PWC Platform Customization $200.00/hr Additional Interactive Users $25.00/User/Month Additional Cloud Storage: $2.00/GB/Month Additional Professional Services/Training $90.00/hr Software Customization/Development $150/hr Document preparation/repair $60.00/hr Document Shredding $3.00/Box 6. Additional Services Exhibit B Rates ESTIMATE D QUANTITY Per JOB DESCRIPTION UNIT PRICE STANDAR D EXTENDE D PRICE STANDAR D ADDITIONAL ($$) FEE FOR RUSH, AFTER HOURS, WEEKEND or EMERGENCY Quote in Quantit Reproduction of engineering plans, maps, drawings Large Format – greater than 11” x Annual volume: 111,000 sq ft. (12x18 to 36x48) 800 prints each 1. 001-100 Black/white $ 0.075 per SQ FT 8325 $0.00 101-250 Black/white $ 0.075 per SQ FT 8325 $0.00 251-500 Black/white $ 0.075 per SQ FT 8325 $0.00 2. 001-100 One Color $ 0.65 per SQ FT 72150 $0.00 101-250 One Color $ 0.65 per SQ FT 72150 $0.00 251-500 One Color $ 0.65 per SQ FT 72150 $0.00 3. 001-100 Two Color $ $ 0.65 per SQ FT 72150 $0.00 101-250 Two Color $ $ 0.65 per SQ FT 72150 $0.00 251-500 Two Color $ $ 0.65 per SQ FT 72150 $0.00 Quote in Quantity Ranges Reproductions of Maps, charts, text Standard size – up to 11” x 17” Annual volume: 20,000 sq ft. 1,5 4. 0001-1000 Black/white $ 0.075 per SQ FT $1500 1001-2000 Black/white $ 0.075 per SQ FT $1500 2001-4000 Black/white $ 0.075 per SQ FT $1500 5. 0001-1000 One- color $ 0.65 per SQ FT $13000 1001-2000 One- color $ 0.65 per SQ FT $13000 2001-4000 One- color $ 0.65 per SQ FT $13000 6. 0001-1000 Two-color $ 0.65 per SQ FT $13000 1001-2000 Two-color $ 0.65 per SQ FT $13000 2001-4000 Two-color $ 0.65 per SQ FT $13000 Quote in Quantity Ranges Scanning – Digitally scan all drawings and other files; Scanning on a large format scanner (flatbed or drum type), which can scan large documents up to 36” width by any reasonable length; TIF format at resolutions of 200 to 400 dots per inch. Cost to include assigning one attribute (file name) to the Document up to 24 characters. Annual volume: 324 items 7. 001- 500 $ 1.02 per sheet $330.48 501-1000 $ 1.02 per sheet $330.48 1001-3000 $ 1.02 per sheet $330.48 3001-5000 $ 1.02 per sheet $330.48 TOTAL SUPPLIES: Paper, 36 “ wide, Bond, Color, large format $ 32.00 per roll 80 rolls/year 80,000 linear ft Plotter Cartridges: all 4 colors Cyan, Magenta, Black, Yellow $ TBD 96 each/year OPTION 1 – OVERSIZE FORMAT COPYING SERVICES Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR A. OVERSIZE FORMAT COPYING Black/White 1. Bond - weight 20 LB (24”x36” most common) a. % Post consumer recycled content 30 % b. Process Chlorine-free? Yes, No c. Third Party Certification (e.g., Green Seal)? Yes or No 2. Vellum – weight 20 LB a. 0 % Post consumer recycled content (specify %) b. Process Chlorine-free? Yes, No c.Third Party Certification (e.g., Green Seal)? Yes or No 3. Erasable copy – a. % Post consumer recycled content b. Process Chlorine-free? Yes, No c. Third Party Certification (e.g., Green Seal)? Yes or No 4. Mylar copy a. Weight (4 mil X or 5 mil ) b. Virgin c. 0 % Post consumer recycled content (specify %) d. Third Party Certification (e.g., Green Seal)? Yes or No $ 0.075 sq. ft. $ 0.75 sq. ft. $ N/A sq. ft. $ 1.25 sq. ft. $ 0.075 sq. ft. $ 0.75 sq. ft. $_ N/A sq. ft. $ 1.25 sq. ft. $ 0.075 sq. ft. $ 0.75 sq. ft. $ N/A sq. ft. $ 1.25 sq. ft. B. OVERSIZE FORMAT COPYING - COLOR 1. Bond - weight 20 LB (24”x36” most common) a. 30 % Post consumer recycled content b. Process Chlorine-free? Yes, No c. Third Party Certification (e.g., Green Seal)? Yes or No 2. Vellum – weight 20LB a. 0 % Post consumer recycled content $ 0.65 sq. ft. $ 1.25 sq. ft. $ 0.65 sq. ft. $ 1.25 sq. ft. $ 0.65 sq. ft. $ 1.25 sq. ft. Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR b. Process Chlorine-free? Yes, No c. Third Party Certification (e.g., Green Seal)? Yes or No 1. Erasable copy – Virgin_ a. % Post consumer recycled content (specify %) b. Process Chlorine-free? Yes, No c. Third Party Certification (e.g., Green Seal)? Yes or No 2. Mylar copy a. Weight (4 mil X or 5 mil ) b. Virgin c. 0 % Post consumer recycled content (specify %) d. Third Party Certification (e.g., Green Seal)? Yes or No $ N/A sq. ft. $ 2.50 sq. ft. $ N/A sq. ft. $ 2.50 sq. ft. $ N/A sq. ft. $ 2.50 sq. ft. OPTION 2 – STANDARD FORMAT COPYING SERVICES Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR A. STANDARD SIZE COPYING Black/white 1. On white paper stock, 20# bond & 65# cover, 30% post-consumer content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green Seal)? Yes or No From hard copy a. 8.5 x 11 copy, b. 8.5 x 14 copy, c. 11 x 17 copy, d. 24 x 36 copy. 2. On white paper stock, 20# bond & 65# cover, greater than 30% post consumer recycled content 30 % (specify) post-consumer content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green 20# bond / 65# cover $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A 20# bond / 65# cover $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A 20# bond / 65# cover $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR Seal)? Yes or No Specify recycled paper used: 20 LB 30% Post Consumer From hard copy: a. 8.5 x 11 b. 8.5 x 14 c. 11 x 17 d. 24 x 36 From digital files – 1st out-add: PDF AutoCad TIF $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 $ 0.045 / $0.07 $ 0.09 / $ 0.14 $ 0.09 / $0.14 $ 0.45 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 B. STANDARD SIZE COPYING Black/white 1. On colored paper stock, 20# bond & 65# cover Recycled paper must have a minimum of 30% post-consumer content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green Seal)? Yes or No From hard copy a. 8.5 x 11 copy, b. 8.5 x 14 copy, c. 11 x 17 copy, d. 24 x 36 copy, 1. On colored paper stock, 20# bond & 65# cover, 30 % (specify) post- consumer content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green 20# bond / 65# cover $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A 20# bond / 65# cover $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A 20# bond / 65# cover $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR Seal)? Yes or No Specify recycled paper used: 20 LB 30% Post Consumer From hard copy: a. 8.5 x 11 b. 8.5 x 14 c. 11 x 17 d. 24 x 36 From digital files – 1st out-add: .pdf AutoCad TIFF $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 $ 0.055 / $0.07 $ 0.10 / $ 0.14 $ 0.10 / $0.14 $ 0.55 / N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 C. REGULAR SIZE COPYING Black/white 1. On white paper stock 20# bond, 28# laser, 65# cover 30% post-consumer recycled content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green Seal)? Yes or No From hard copy a. 8.5 x 11 copy, b. 8.5 x 14 copy, c. 11 x 17 copy, 2. White paper stock 20# bond, 28# laser, 65# cover Greater than 30% post-consumer recycled content 30 % (specify) post-consumer Content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green Seal)? Yes or No Specify recycled paper used: 20# bond /28#/65# cvr $ 0.055/ 0.065/ 0.07 $_0.10 /0.11/ 0.14 $_0.10 /0.11/ 0.14 20# bond /28#/65# cvr $ 0.055/ 0.065/ 0.07 $_0.10 /0.11/ 0.14 $_0.10 /0.11/ 0.14 20# bond /28#/65# cvr $ 0.055/ 0.065/ 0.07 $_0.10 /0.11/ 0.14 $_0.10 /0.11/ 0.14 Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR 20 LB 30% Post Consumer From hard copy: 20# bond /28#/65# 20# bond /28#/65# 20# bond /28#/65# cvr cvr cvr 8.5 x 11 $ 0.055/ 0.065 $ 0.055/ 0.065 $ 0.055/ 0.065 8.5 x 14 $_0.10 /0.11 $_0.10 /0.11 $_0.10 /0.11 11 x 17 $_0.10 /0.11/ 0.14 $_0.10 /0.11/ 0.14 $_0.10 /0.11/ 0.14 From digital files – 1st out-add: $0.00 Any other charges associated with copying from digital files? No D. STANDARD SIZE COPYING - COLOR 1. On white paper stock, 20# bond & 65# cover, minimum 30% post-consumer content Process Chlorine-free? Yes, No Third Party Certification (e.g., Green Seal)? Yes or No From hard copy 1. 8.5 x 11 2. 8.5 x 14 3. 11 x 17 4. 24 x 36 2. On white paper stock, 20# bond & 65# cover, greater than 30% post- consumer recycled content 30 % (specify % post-consumer content) Process Chlorine-free? Yes, No Third Party Certification (e.g., Green 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90 / N/A 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90 / N/A 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90 / N/A Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR Seal)? Yes or No Specify recycled paper used: 20 LB 30% Post Consumer_ From hard copy: 8.5 x 11 8.5 x 14 11 x 17 24 x 36 From digital files – 1st out-add $0.00 : PDF AutoCad TIF 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90/ N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90/ N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 20# bond / 65# cover $0.35 / $0.45 $ 0.70 _/ $0.80 $ 0.70 / $0.80 $ 3.90/ N/A $ 0.00 / 0.00 $ 20.00 / $20.00 $ 0.00 / 0.00 OPTION 3 – FINISHING SERVICES Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR E. MISCELLANEOUS TASKS 1. Acetate: 8.5 x 11 (146) ea 2. Acetate: 8.5 x 14 ea 3. Stapling (130) ea 4. Collating, manual hr 5. Inserting, manual hr 6. Folding hr 1. Binding: a. Velo bind – ½” 1” Available colors (5 minimum): N/A b. Tape binding – ½” 1” $ 1.05 $ 2.25 $ .29 $ 60.00 $ 60.00 $ 60.00 $ N/A $ N/A $ 5.00 $ 5.00 $ 1.05 $ 2.25 $ .29 $ 60.00 $ 60.00 $ 60.00 $ N/A $ N/A $ 5.00 $ 5.00 $ 1.05 $ 2.25 $ .29 $ 60.00 $ 60.00 $ 60.00 $ N/A $ N/A $ 5.00 $ 5.00 Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR Available colors (7 minimum): BLACK c. GBC Comb binding – ½” 1” 2” Specify % pre- or post- consumer recycled content 0% Available colors (5 minimum): BLACK d. Coil binding – 1/4” 1” Available colors (5 minimum): BLACK 2. Lamination: hot/cold 8.5 x 11 2 sides 3 mil 5 mil 11 x 17 2 sides 3 mil 5 mil 24 x 36 2 sides 3 mil 5 mil Per Sq. Ft. 2 sides 3 mil 5 mil 3. Foam core mounting 3/16” (Standard white) 4. Fore core mounting 3/16” (Black gator board) 5. Mounting/Printing on Chloroplast plastic $ 3.50 $ 3.50 $ 3.50 $ 4.50 $ 4.50 Hot / cold $ 0.70 / $1.80 $ 1.00 / N/A $1.05 / $2.70 $ 1.50 / N/A $ 4.20 / $10.80 $ 6.00 / N/A $ 0.70 / $1.80 $ 1.00 / N/A $2.60 / N/A $5.45 / N/A $2.65 / N/A $ 3.50 $ 3.50 $ 3.50 $ 4.50 $ 4.50 Hot / cold $ 0.70 / $1.80 $ 1.00 / N/A $1.05 / $2.70 $ 1.50 / N/A $ 4.20 / $10.80 $ 6.00 / N/A $ 0.70 / $1.80 $ 1.00 / N/A $2.60 / N/A $5.45 / N/A $2.65 / N/A $ 3.50 $ 3.50 $ 3.50 $ 4.50 $ 4.50 Hot / cold $ 0.70 / $1.80 $ 1.00 / N/A $1.05 / $2.70 $ 1.50 / N/A $ 4.20 / $10.80 $ 6.00 / N/A $ 0.70 / $1.80 $ 1.00 / N/A $2.60 / N/A $5.45 / N/A $2.65 / N/A OPTION 4 – DIGITAL ARCHIVING Item # DESCRIPTION 1st YEAR 2nd YEAR 3rd YEAR A. Scanning documents – each image (with one attribute or filename) Sizes: 12 x 18 and larger Delivery format: FTP TIFF PDF or combination Resolution – 400 DPI Reducing Plans (full size to ½ size) $ 1.02 PER SHEET $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 1.02 PER SHEET $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 1.02 PER SHEET $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional $ 0.00 additional B. CD ROM $ 5.00 $ 5.00 $ 5.00 Creation of 1st CD ROM Additional copies on CD ROM $ 5.00 $ 5.00 $ 5.00 FTP (File Transfer Protocol) $ 0.00 $ 0.00 $ 0.00 C. MISCELLANEOUS TASKS NOT ON BID LIST % discount off price list for other requirements 30 % D. EXCEPTIONS to specifications must be listed here: E. SALES TAX What services are taxable: ALL DELIVERY: Delivery terms shall be F.O.B. Destination, Freight Prepaid in accordance with the attached specifications, terms and conditions. Information Privacy Policy (IPP) Release and Version: 1st Release, Version 2.2 Release Date: 31 January, 2013 Document Classification: Need to Know Exhibit C City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 1 of 8 31 January, 2013 CONTENTS DOCUMENT CONTROLS ........................................................................................................................................... 2 CHANGE RECORD ................................................................................................................................................... 2 APPROVAL ............................................................................................................................................................. 2 DISTRIBUTION ........................................................................................................................................................ 2 1.OBJECTIVE ................................................................................................................................................... 3 A)INTENT .......................................................................................................................................................... 3 B)SCOPE .......................................................................................................................................................... 3 C)CONSEQUENCES ............................................................................................................................................ 3 D)EXCEPTIONS .................................................................................................................................................. 3 E)MUNICIPAL ORDINANCE .................................................................................................................................. 4 2.RESPONSIBILITIES OF CITY STAFF ................................................................................................................. 4 A) RESPONSIBILITY OF CIO AND ISM .................................................................................................................. 4 B)RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE ................................................................ 4 C)RESPONSIBILITY OF USERS............................................................................................................................. 4 D)RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS .................................................................... 5 E)RESPONSIBILITY OF AUTHORIZATION COORDINATION ....................................................................................... 5 3.PRIVACY POLICY .......................................................................................................................................... 5 A)OVERVIEW ..................................................................................................................................................... 5 B)PERSONAL INFORMATION AND CHOICE ............................................................................................................ 5 C)METHODS OF COLLECTION OF PERSONAL INFORMATION .................................................................................. 5 D)UTILITIES SERVICE ......................................................................................................................................... 6 E)PUBLIC DISCLOSURE ...................................................................................................................................... 6 F)ACCESS TO PERSONAL INFORMATION ............................................................................................................. 6 G)SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE ....................................................................................... 6 H)DATA RETENTION / INFORMATION RETENTION .................................................................................................. 7 I)SOFTWARE AS A SERVICE (SAAS) OVERSIGHT ................................................................................................ 7 J)FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 (FACT) .................................................................. 7 4.CONTACTS ................................................................................................................................................... 8 City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 2 of 8 31 January, 2013 DOCUMENT CONTROLS Document Title Information Privacy Policy Location City of Palo Alto Website and SharePoint Document Author Raj Patel Document Manager Raj Patel Contributors Jonathan Reichental, Shiva Swaminathan, Tom Auzenne, Joe Blackwell, Grant Kolling CHANGE RECORD Date Author Version Change Reference 12-Jul-12 Raj Patel 0.01 First draft developed 26-Sep-12 Raj Patel 1.0 First draft released for review 09-Nov-12 Raj Patel 1.5 Updated first draft for review 19-Nov-12 Raj Patel 1.6 Additional updates as identified 22-Nov-12 Raj Patel 1.7 Revised table of content 26-Nov-12 Raj Patel 1.8 Revised followed by review from Jonathan Reichental and Tom Auzenne 6-Dec-12 Raj Patel 1.92 Revised according to comments from Jonathan Reichental 14-Jan-13 Raj Patel 2.0 Revised according to comments from Grant Kolling 31-Jan-13 Raj Patel 2.2 Revised according to recommendations from Information Security Steering Committee APPROVAL Date Name Role Comments 06-Dec-12 Raj Patel Information Security Manager; Information Technology Department Approved 06-Dec-12 Jonathan Reichental CIO; Information Technology Department Approved 06-Dec-12 Tom Auzenne Assistant Director, Utilities Department Approved 14-Jan-13 Grant Kolling Senior Assistant City Attorney; City Attorney’s Office Approved 31-Jan-13 Information Security Steering Committee Sponsor Approved DISTRIBUTION Name Location City of Palo Alto Employees, Service Providers, Residents and Businesses City of Palo Alto Website and SharePoint City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 3 of 8 31 January, 2013 1. Objective The City of Palo Alto (the “City”) strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 – 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City’s business as a local government agency. These measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City’s rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c). Though some of these provisions do not apply to local government agencies like the City, the City will conduct business in a manner which promotes the privacy of personal information, as reflected in federal and California laws. The objective of this Policy is to describe the City’s data security goals and objectives, to ensure the ongoing protection of the Personal Information, Personally Identifiable Information, Protected Critical Infrastructure Informationand Personally Identifying Information of persons doing business with the City and receiving services from the City or a third party under contract to the City to provide services. The terms “Personal Information,” “Protected Critical Infrastructure Information”, “Personally Identifiable Information” and “Personally Identifying Information” (collectively, the “Information”) are defined in the California Civil Code sections, referred to above, and are incorporated in this Policy by reference. A) INTENT The City, acting in its governmental and proprietary capacities, collects the Information pertaining to persons who do business with or receive services from the City. The Information is collected by a variety of means, including, without limitation, from persons applying to receive services provided by the City, persons accessing the City’s website, and persons who access other information portals maintained by the City’s staff and/or authorized third-party contractors. The City is committed to protecting the privacy and security of the Information collected by the City. The City acknowledges federal and California laws, policies, rules, regulations and procedures, and industry best practices are dedicated to ensuring the Information is collected, stored and utilized in compliance with applicable laws. The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements. B) SCOPE The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information. C) CONSEQUENCES The City’s employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 4 of 8 31 January, 2013 employment and/or legal consequences. D) EXCEPTIONS In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception from the application of the Policy. The request form will be developed, reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM. E) MUNICIPAL ORDINANCE This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy. 2. RESPONSIBILITIES OF CITY STAFF A) RESPONSIBILITY OF CIO AND ISM The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government. The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities. The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department-specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non-Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud-based’ software services to the City. B) RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level. City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 5 of 8 31 January, 2013 C) RESPONSIBILITY OF USERS All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user. D) RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security. E) RESPONSIBILITY OF AUTHORIZATION COORDINATION The ISM will ensure that the City’s employees secure the execution of Non-Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred. The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption. 3. PRIVACY POLICY A) OVERVIEW The Policy applies to activities that involve the use of the City’s information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e-mail, accessing the City’s intranet or other networks, systems, or devices. The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties. B) PERSONAL INFORMATION AND CHOICE Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of the City’s business as a local government agency with third parties under contract to the City to provide services. City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 6 of 8 31 January, 2013 C)METHODS OF COLLECTION OF PERSONAL INFORMATION The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services. The City’s staff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites. D)UTILITIES SERVICE In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU-collected Information with other City departments except as may be required by law. Businesses and residents with standard utility meters and/or having non-metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non-standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non-City electronic portals at different intervals than with the standard monthly billing. Businesses and residents with such non-standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws. E)PUBLIC DISCLOSURE The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law. F)ACCESS TO PERSONAL INFORMATION The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times. City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 7 of 8 31 January, 2013 G) SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy. The City may authorize the City’s employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City’s employee and/or the third party contractors to agree to use such Information only in furtherance of City-related business and in accordance with the Policy. If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City. H) DATA RETENTION / INFORMATION RETENTION The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction. I) SOFTWARE AS A SERVICE (SAAS) OVERSIGHT The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software-as-a-Service (SaaS). In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information. These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM. J) FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them. City of Palo Alto Information Technology Information Security Services Information Privacy Policy Version 2.2 Page 8 of 8 31 January, 2013 Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information. CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy. There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92. 4. CONTACTS Information Security Manager: Patel, Raj <Raj.Patel@CityofPaloAlto.org> Chief Information Officer: Reichental, Jonathan <Jonathan.Reichental@CityofPaloAlto.org> Utilities Department: Auzenne, Tom <Tom.Auzenne@CityofPaloAlto.org City Attorney’s Office: Yang, Albert<Albert.Yang@CityofPaloAlto.org> City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 1 of 15 Version 2.0 22 June 2016 Vendor Information Security Assessment (VISA) Questionnaire Purpose: This Vendor Information Security Assessment (VISA) Questionnaire requests information concerning a Cloud Service Provider (the Vendor), which intends to provide to the City of Palo Alto (the City) any or all of the following services: Software as a Service (SaaS); Platform as a Service (PaaS); and Infrastructure as a Service (IaaS). Note/Instructions: SaaS, PaaS and IaaS are each a ‘cloud’ servicing model, in which software and database applications, computer network infrastructure and/or computer hardware/software platforms is/are hosted by the Vendor and made available to customers interconnected in a network, typically the Internet. This Questionnaire is for the sole use of the intended Vendor and may contain confidential information of individuals and businesses collected, stored, and used the City. Any unauthorized collection, storage, use, review or distribution may be prohibited by California and/or Federal laws. If you are not the intended recipient of this Questionnaire, please contact the sender by e-mail and destroy all copies of the Questionnaire. The Vendor shall provide answers to the questions or information to the requests provided below. In the event that the Vendor determines that it cannot meet the City’s security and or privacy requirements, the Vendor may submit a request for an exception to the City’s requirements and propose alternative countermeasures to address the risks addressed in this Questionnaire. The City’s Information Security Manager (ISM) may approve or reject the exception request, depending on the risks associated with the exception request. Security Exception Request shall be submitted if you cannot comply with this policy/requirements Upon receipt of the Vendor’s response, the ISM will conduct a security risk assessment, using the following scoring methodology: A = Meets completely. B = Partially meets. The Vendor may be required to provide additional requested information. C = Doesn’t meet. The Vendor may be required to provide missing/additional detail. Vendor Information: Vendor Organization Name ARC Document Solutions Address 1981 N Broadway #385, Walnut Creek, CA 94596 Information Security Contact Person Name Demetrius Wallace Email networkteam@e-arc.com Phone 510.403.2422 Date this Questionnaire Completed May 18, 2015 City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 2 of 15 Version 2.0 22 June 2016 1.0 BUSINESS PROCESS AND DATA EXCHANGE REQUIREMENTS # Question Response from the Vendor Score Additional Information/Clarification Required from the Vendor 1.1 Please provide a detailed description of the Vendor’s business process that will be offered to the City, as this relates to the proposed requirements of the City’s RFP or other business requirements The Business process is a SaaS application Called PlanWell AIM which provides the City to upload/scan documents for storage/archiving purposes 1.2 Has the Vendor adopted and implemented information security and privacy policies that are documented and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards or NIST 800-53 (National Institute of Standards – NIST Special Publication (SP) 800-53 Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations) Yes- See attached 1.3 What data exchange will occur between the City and the Vendor? What data will be stored at the Vendor’s or other third party’s data storage location? (Provide data attributes with examples of the data to be stored) Documents uploaded by the City. User accounts and email addresses only City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 3 of 15 Version 2.0 22 June 2016 Example: Payment Card Information, Social Security Number, Driving License number Patrons Name, Address, Telephone etc.), which are examples of personal information, the privacy of which are protected by California constitutional and statutory law. 1.4 In the event that the Vendor is required to store Private Information (PI), Personally Identifiable Information (PII), and Sensitive Information (SI) about individuals/organizations with the service provider’s business systems, how does the Vendor maintain the confidentiality of the information in accordance with applicable federal, state and local data and information privacy laws, rules and regulations? [(The City of Palo Alto (the “City”) strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 – 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City’s business as a local government agency. These Application stores data in encrypted folder only accessible by the city. City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 4 of 15 Version 2.0 22 June 2016 measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City’s rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c)]. 1.5 What mechanism and/or what types of tool(s) will be used to exchange data between the City and The Vendor? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) HTTPS 1.6 What types of data storage (work in progress storage and backup storage) are present or will be required at the Vendor’s site? Example: (PCI Credit Card Info, SSN, DLN, Patrons Name, Address, telephone etc.) None 1.7 Is e-mail integration required between the City and the Vendor? Example: The provision of services may require the City to provide the Vendor with an e-mail account on the City’s e–mail server. NO 1.8 Has the Vendor ever been subjected to either an electronic or physical security breach? Please describe the event(s) and the steps NO City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 5 of 15 Version 2.0 22 June 2016 taken to mitigate the breach(es). What damages or exposure resulted? Are records of breaches and issues maintained and will these records be available for inspection by the City? 1.9 Does the Vendor maintain formal security policies and procedures to comply with applicable statutory or industry practice requirements/standards? Are records maintained to demonstrate compliance or certification? Does the Vendor allow client audit of these records? Note: Please submit supporting documentation. Yes, See attached 2.0 What are the internet and the browser security configurations for the cloud application? What security standards and requirements does the Vendor maintain to ensure application security at the user interface? (A set of detailed documentation should be provided to support the compliance). SSL Certificates 2.0 APPLICATION/SOLUTION CONFIGURATION # Question Response from The Vendor Score Additional Information/Clafication Required from The Vendor City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 6 of 15 Version 2.0 22 June 2016 2.1 What is the name of the application(s) that the Vendor will be hosting in order to provide services to the City? (List all) AIM 2.2 What functionality will be provided to the City’s employees or the City’s customers or other recipient of City services through the application? Document Archiving 2.3 Will the Vendor use a subcontractor and/or a third party service provider? (List all). If yes, then what data privacy and information security agreements are in place between the Vendor and any subcontractor/third party to ensure appropriate and accountable treatment of information? Note the City requires that the Vendor and each subcontractor and/or third party formally acknowledge that will comply with the City’s Information Privacy Policy and SaaS Security and Privacy Terms and Conditions NO 2.4 What is the Vendor's application(s) hosting hardware and software platform? Provide a detailed description, including security patches or security applications in use. Example: Windows or Unix Operating System (OS) and other detail. Amazon VPC/EC2 Cloud Infrastructure City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 7 of 15 Version 2.0 22 June 2016 2.5 How does the Vendor’s application and database architecture to manage or promote segregation of the City's data (related to its function as a local government agency) from the data of individuals providing services to or receiving services from the City? City would designate those with the ability to access City Data. 2.6 Describe the Vendor’s server and network infrastructure. Please provide server and network infrastructure deployment topology, including data flow architecture, including but not limited to security management applications, firewalls, etc. See Atttached 2.7 Please provide a detail proposed solution that will be developed as a part of the Vendor’s implementation to support this project. (For example detailed solution architecture, secured data flow to support business processes, etc.). Sales to complete 3.0 DATA PROTECTION #Question Response from the Vendor Score Additional Information/Clafication Required the Vendor City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 8 of 15 Version 2.0 22 June 2016 3.1 What will be the medium of data exchange between the City and Vendor? Internet, unless otherwise defined 3.2 .How will the data be kept secure during the data exchange process? Example: (VPN, Data Link, Frame Relay, HTTP, HTTPS, FTP, FTPS, etc.) HTTPS 3.3 How will the City’s data be kept physically and logically secure at the Vendor’s preferred storage location? Example: Locked storage, Digitally, Encrypted etc. Amazon Clould Service servers are kept in Locked Storage. 3.4 What application level protections are in place to prevent the Vendor’s or a subcontractor/third party’s staff member from viewing unauthorized confidential information? For example, encryption, masking, etc. File level encryption 3.5 What controls does the Vendor exercise over the qualification and performance of its team? Of their subcontractor/third party’s team(s)? (For example, criminal background verification prior to employment, providing security training after employment and managing Role Based Access Control (RBAC) during employment and network and application access termination upon employment termination. ARC maintains segregation of duties for all employee with access to Amazon Cloud Services City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 9 of 15 Version 2.0 22 June 2016 4.0 DATA BACK-UP #Question Response Score COPA’s Security Assessment 4.1 What are the Vendor’s method(s) used to keep data secured during the data backup process? Data is broken into multiple parts, which are stored at multiple locations. 4.2 . Is the Vendor’s encryption technology used to encrypt whole or selective data? Whole encryption is used 4.3 What types of storage media will the Vendor use for data backup purposes? For example, Tape, Hard Disk Drive or any other devices. Hard Disk at Amazon S3 Storage location no tape media is used. 4.4 Are the Vendor’s backup storage devices encrypted? If ‘yes,’ please provide encryption specification, with type of encryption algorithm and detail process of encryption handling. If ‘no,’ provide a detailed description (with processes, tools and technology) to keep data secured during the back-up process. Not required 5.0 DATA RETENTION City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 10 of 15 Version 2.0 22 June 2016 #Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 5.1 What is the Vendor’s standard data retention period of the backed up data? The data retention process shall comply with the City’s data 7 (seven) years data retention policy. Note: In the event that the Vendor cannot comply with this requirement then the City’s Project Manager shall approval from the City’s data retention schedule/policy owner. 7 years 5.2 Are the data backup storage media at the Vendor’s location or other third party location? All data is stored at Amazon Cloud Services S3 locations 5.3 If the Vendor’s backup storage devices are stored with another company, please provide: a. Company Name: b. Address: c. Contact person detail (Phone and Email): d. What contractual commitments are in place to NA City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 11 of 15 Version 2.0 22 June 2016 guarantee security compliance from these vendors 5.5 What is the media transfer process (I.e. The lock box process used to send tapes off-site)? NA 5.6 Who has access to the data storage media lockbox(es)? (Provide Name and Role) NA 5.7 Who on the Vendor’s staff or subcontractor/third party’s staff is/are authorized to access backup data storage media? (Provide Name and Role) NA 5.8 What is the backup data storage media receipt and release authorization process(es)? (Please submit a soft copy of the process) NA 6.0 ACCOUNT PROVISIONING AND DE-PROVISIONING (The Vendor must receive formal pre-authorization from the City’s Information Security Manager prior to provisioning and de-provisioning of application access account). #Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 6.1 What is the account provisioning/removal process? Example: how are users accounts created and City would create all accounts on Vendor portal City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 12 of 15 Version 2.0 22 June 2016 managed?) 6.2 .What is the account deprovisioning/removal process? Example: how are users accounts created and managed?) All accounts are created by City administrator 6.3 How will the City’s employees gain access to required application(s)? City administrator would grant access by creating additional accounts and giving those accounts access to City Data. 6.4 Does the application(s) have the capability to restrict access only from the City’s WAN (Wide Area Network)? No 7.0 PASSWORD MANAGEMENT #Question Response from the Vendor Score Additional Information/Clafication Required from the Vendor 7.1 What will be the policy and/or procedures for the logging, authentication, authorization and password management scheme? (Please provide a soft copy of the process) City Administrator to set those policies. City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 13 of 15 Version 2.0 22 June 2016 7.2 . Where will the login and password credentials be stored? Database server beind firewall. 7.3 Are the password credentials stored with encryption? If ‘yes,’ please provide encryption scheme detail. Yes, 7.4 The Vendor’s application must comply with the following password requirements. Does the Vendor’s application meet these requirements? 1. First time password must be unique to an individual and require the user to change it upon initial login. 2.If the password is sent via plain text email to the City employee to mitigate security exposure. 3. The City requires first time password to have a time-out capability of no more than 7 days. 4.The e-mail notification must not be copied to anyone except the user. 5. The permanent/long term password must YES City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 14 of 15 Version 2.0 22 June 2016 be changed frequently (at least TWICE a year) 6. E-mail notification must be sent to the user whenever the password has been updated. 7.User should not be able to view data or conduct business unless an initial password has been updated with a different password. 8.The Vendor shall inform the City’s users that, when a new password is created, the user shall not use the City’s LDAP (Lightweight Directory Access Control Protocal) password. 9.The password must have 8 or more alphanumeric (/) characters and it must contain at least one character from each of the bullets noted below (i.e. Each line shall contribute at least one character): abcdefghijklmnopqrstu City of Palo Alto Information Security Document Version: v2.3 Form: InfoSec 100 VISA Questionnaire Page 15 of 15 Version 2.0 22 June 2016 vwxyz ABCDEFGHIJKLMNO PQRSTUVWXYZ 0123456789 !@#$%^&*()- +=`~,></\"'?;:{[}] --------------------------------------------------- End Of Document-------------------------------------------------- ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD122– Production System Access Workflow Process Policy Page 1 of 2 CNTL # Revision: 1.0 Prepared by: DJW Effective Date: Approved by: Rahul Roy ARC Document Solutions Technology Center Production System Access Workflow Process Policy: Only authorized personal can access production systems at any time. No unauthorized access is permitted by any ARC Technology Center employees. One exception to this policy is in the case of an emergency. An emergency is when no authorized personal are available. In such a case a designated employee will be granted limited access to the production system(s). Definitions: Access – By access, it is implied that this means logging into any production system and or making any change to a production system, either locally or remotely. Authorized Personal – Authorize personal are U.S. citizens, ARC Technology Center employees with Domain Admin privileges. The two employees with such privileges have been identified as Goutam Dastider –Director of Information Technology and Demetrius Wallace Sr. – Sr. Network Manager and Director of Technical Services. Unauthorized Access – Non U.S. residents and any ARC Technology employee who has not been given domain admin privileges. Process –When and ARC Technology Center employee has determined that production system access is need to either access data or make a production system change, they must follow the guidelines lay out in this document and the Production System Access Workflow Diagram. The detail of which is listed below. Step 1. When any employee determines that there is an need for a production system to be accessed and or a change need to be made on a production system. The employee must fill out and Form ARCSW108-1 SW Change Request Form. Step 2. Employee must obtain proper Management signature authorization for production system access or changes. Step 3. Management will submit the form ARCSW108-1 SW Change Request Form to authorized production system access personal. Step 4. Authorized production system access personal will review the Change Request Form to ensure that the change or access will not cause production system problems and that the proper data security is being maintained. Step 5. After steps 1 through 4 have been completed, production system authorized personal will schedule and implement the access or change request. Note: All of the above steps are to be strictly followed. Failure to abide by this production system access workflow process policy can result in disciplinary action, including termination and can be punishable by law. Exhibit D ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD122– Production System Access Workflow Process Policy Page 2 of 2 Production Systems Goutam Demetrius Personnel Access is needed for a production system Management will Submit the Change Request Form to authorized personal for the production access Employees must Submit a Change Request Form for Production System Access and or Changes Review how the change will impact production ARC Technology Center Employees Authorized Production System Change Personal Goutam Dastider/ Demetrius Wallace Implement Production system Change Request Employees must obtain proper Management Signature Authorization Production System access is restricted to only authorized personal ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 1 of 8 CNTRL # AD107 Revision: 2.0 __ Prepared by: DJW Effective Date: 10/1/12 Approved by: Rahul Roy Title: ARCAD107 – COMPUTER AND INTERNET USAGE POLICY Policy: All employees using the ARC IT network shall adhere to strict guidelines concerning appropriate use of network resources. Purpose: To delineate policies and procedures for accessing the ARC IT network and/or accessing the Internet through the ARC IT network. Scope: This policy applies to all personnel with access to Internet and related services through the ARC network infrastructure. Internet Related services include all services provided with the TCP/IP protocol, including but not limited to Electronic Mail (e-mail), File Transfer Protocol (FTP), Gopher, and World Wide Web (WWW) access. Responsibilities: All ARC personnel are responsible for knowing and adhering to this usage policy. The Sr. Network Manager is responsible for enforcing this policy. Definitions: Internet – The international computer network of networks that connect government, academic and business institutions; the Internet (capitalized) refers specifically to the DARPA Internet and the TCP/IP protocols it uses. Intranet – A private network contained within an enterprise; a network within one organization, using Web technologies to share information internally. Procedure: 1.0 ACCEPTABLE USE - COMPUTERS AND INTERNET Access to the Internet is specifically limited to activities in direct support of official ARC business. In addition to access in support of specific work related duties, the ARC Internet connection may be used for educational and research purposes. If any user has a question of what constitutes acceptable use he/she should check with their supervisor for additional guidance. Management or supervisory personnel shall consult with the Compliance Officer for clarification of these guidelines. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 2 of 8 2.0 INAPPROPRIATE USE - COMPUTERS AND INTERNET Internet access shall not be for any illegal or unlawful purpose. Examples of this are the transmission of violent, threatening, defrauding, pornographic, obscene, or otherwise illegal or unlawful materials Use of ARC e-mail or other messaging services shall be used for the conduct of ARC business only. These services shall not be used to harass, intimidate or otherwise annoy another person. The Internet can be reasonably accessed for private, recreational, and non- ARC-related activity. By reasonably, it is communicated that there should not be excessive use in which it affects job performance. Any use deemed excess by management shall be communicated to affected employees with a warning. If excessive use continues, privileges can be revoked and disciplinary actions will follow. ARC intranet or Internet connections shall not be used for commercial or political purposes. Employees shall not use ARC network for personal gain such as selling access of ARC user login ID. Internet access through the ARC network shall not be for or by performing unauthorized work for profit. Users shall not attempt to circumvent or subvert security measures on either the ARC network resources or any other system connected to or accessible through the Internet. ARC employees shall not use Internet access for interception of network traffic for any purpose other than engaging in authorized network administration. ARC users shall not make or use illegal copies of copyrighted material, store such material on ARC equipment, or transmit such material over the ARC network. 3.0 INTERNET AND E-MAIL ETIQUETTE ARC employees shall ensure all communication through ARC e-mail or messaging services is conducted in a professional manner. The use of suggestive, vulgar, or obscene language is prohibited. ARC users shall not reveal private or personal information through e-mail or messaging services without clear and specific written approval from Human Resources. Users should ensure that e-mail messages are sent to only those users with a specific need to know. The transmission of e-mail to large groups, use of e- mail distribution lists, or sending messages with large file attachments (attachments larger than 0.5 Mb) should be avoided. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 3 of 8 E-mail privacy cannot be guaranteed. For security reasons, messages transmitted through the ARC e-mail system or network infrastructure are the property of the ARC and are, therefore, subject to inspection. 4.0 COMPUTER AND INTERNET USAGE - SECURITY ARC users who identify or perceive an actual or suspected security problem shall immediately contact the IT Security Manager, in accordance with procedure ARCSD108 – IT INCIDENT HANDLING. Network users shall not reveal their account passwords to others or allow any other person, employee or not, to use their accounts. Similarly, users shall not use other employees’ accounts. Any and all use of IT assets is subject to monitoring by IT Security. Access to network resources shall be revoked for any user identified as a security risk or who has a demonstrated history of security problems. 5.0 COMPUTER AND INTERNET USAGE - PENALTIES Any user violating these policies or applicable local, state, or federal laws while using the ARC network shall be subject to loss of network privileges and any other disciplinary actions deemed appropriate, possibly including termination and criminal and/or civil prosecution. Additional Resources: A.None. References: A. ISO 17799:2000 STANDARD – INFORMATION TECHNOLOGY CODE OF PRACTICE FOR INFORMATION SECURITY MANAGEMENT, CLAUSE 8.5.1 (NETWORK CONTROLS) Clause 8.5.1(c) of this Standard states that “(i)f necessary, special controls should be established to safeguard the confidentiality and integrity of data passing over public networks (i.e., the Internet) and to protect the connected systems...special controls may also be required to maintain the availability of the network services and computers connected.” ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 4 of 8 Revision History: Revision Date Description of changes Requested By 1.0 1/13/06 Initial Release DJW 2.0 8/21/2012 Naming convention change from MPT to ARC Goutam Dastider ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 5 of 8 ARCAD107-1 ARC COMPUTER AND INTERNET USAGE POLICY Revision # __________ Date __________________ 1.0 ACCEPTABLE USE - COMPUTERS AND INTERNET Access to the Internet is specifically limited to activities in direct support of official ARC business. In addition to access in support of specific work related duties, the ARC Internet connection may be used for personal, educational and research purposes. If any user has a question of what constitutes acceptable use he/she should check with their supervisor for additional guidance. Management or supervisory personnel shall consult with the Compliance officer for clarification of these guidelines. 2.0 INAPPROPRIATE USE - COMPUTERS AND INTERNET Internet access shall not be for any illegal or unlawful purpose. Examples of this are the transmission of violent, threatening, defrauding, pornographic, obscene, or otherwise illegal or unlawful materials Use of ARC e-mail or other messaging services shall be used for the conduct of ARC business only. These services shall not be used to harass, intimidate or otherwise annoy another person. The Internet can be reasonably accessed for private, recreational, and non- ARC-related activity. By reasonably, it is communicated that there should not be excessive use in which it affects job performance. Any use deemed excess by management shall be communicated to affected employees with a warning. If excessive use continues, privileges can be revoked and disciplinary actions will follow. The ARC intranet or Internet connections shall not be used for commercial or political purposes. Employees shall not use ARC network for personal gain such as selling access of a ARC user login ID. Internet access through the ARC network shall not be for or by performing unauthorized work for profit. Users shall not atteARC to circumvent or subvert security measures on either the ARC network resources or any other system connected to or accessible through the Internet. ARC employees shall not use Internet access for interception of network traffic for any purpose other than engaging in authorized network administration. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 6 of 8 ARC users shall not make or use illegal copies of copyrighted material, store such material on ARC equipment, or transmit such material over the ARC network. 3.0 INTERNET AND E-MAIL ETIQUETTE ARC employees shall ensure all communication through ARC e-mail or messaging services is conducted in a professional manner. The use of suggestive, vulgar, or obscene language is prohibited. ARC users shall not reveal private or personal information through e-mail or messaging services without clear and specific written approval from Human Resources. Users should ensure that e-mail messages are sent to only those users with a specific need to know. The transmission of e-mail to large groups, use of e- mail distribution lists, or sending messages with large file attachments (attachments larger than 0.5 Mb) should be avoided. E-mail privacy cannot be guaranteed. For security reasons, messages transmitted through the ARC e-mail system or network infrastructure are the property of the ARC and are, therefore, subject to inspection. 4.0 COMPUTER AND INTERNET USAGE - SECURITY ARC users who identify or perceive an actual or suspected security problem shall immediately contact the Compliance Officer, in accordance with procedure ARCSD108 – IT INCIDENT HANDLING. Network users shall not reveal their account passwords to others or allow any other person, employee or not, to use their accounts. Similarly, users shall not use other employees’ accounts. Any and all use of IT assets is subject to monitoring by IT Security. Access to ARC network resources shall be revoked for any user identified as a security risk or who has a demonstrated history of security problems. 5.0 COMPUTER AND INTERNET USAGE - PENALTIES Any user violating these policies or applicable local, state, or federal laws while using the ARC network shall be subject to loss of network privileges and any other disciplinary actions deemed appropriate, possibly including termination and criminal and/or civil prosecution. 6.0 COMPUTER AND INTERNET USAGE - CONCLUSION All terms and conditions as stated in this document are applicable to all users of the ARC network and the Internet. These reflect an agreement of all parties and should be governed and interpreted in accordance with the laws of the State of <State>. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 7 of 8 7.0 USER COMPLIANCE I understand and will abide by the ARC computer, network, and Internet use policies. I further understand that any violation of this policy is considered unethical and may constitute a criminal offense. Should I commit any violation, my access privileges may be revoked and disciplinary action and/or appropriate legal actions may be taken. User Signature ________________________________ Date ____________ ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD107 – Computer and Internet Usage Policy Page 8 of 8 [This page intentionally left blank.] ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 1 of 6 Revision: 1.0 Prepared by: D. J. Wallace Effective Date: 10/30/06 Approved by: Rahul Roy Title: ARCAD113 – MOBILE ASSETS USAGE POLICY Policy: All employees using the ARC mobile assets shall adhere to strict guidelines concerning appropriate use of mobile assets. Purpose: To delineate policies and procedures for the use of ARC mobile assets. Scope: This policy applies to all personnel who have been issued or given a company cell phone and/or laptop or other company issued mobile device. Responsibilities: All ARC personnel are responsible for knowing and adhering to this usage policy. The Sr. Network Manager is responsible for enforcing this policy. Definitions: Mobile Asset – This describes company issued cell phones, laptops etc. Procedure: 1.0 ACCEPTABLE USE – MOBILE ASSETS The use of ARC mobile assets is specifically limited to activities in direct support of official ARC business. In addition to access in support of specific work related duties, the ARC mobile assets may be used for educational and research purposes. If any user has a question of what constitutes acceptable use he/she should check with their supervisor for additional guidance. Management or supervisory personnel shall consult with the Compliance Officer for clarification of these guidelines. 2.0 INAPPROPRIATE USE - MOBILE ASSETS Mobile assets shall not be used for any illegal or unlawful purpose. Examples of this are the transmission of violent, threatening, defrauding, pornographic, obscene, or otherwise illegal or unlawful materials Users are to know that company issued mobile assets are a privilege. Users found abusing privileges of mobile assets shall have their privileges revoked. Employees shall not use ARC mobile assets for personal gain such as selling access of a ARC user login ID. Assets shall not be used for internet access through the ARC network for or by performing unauthorized work for profit. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 2 of 6 Damage to company issued mobile assets shall be assessed by user manager. If damages are determined to be caused by the user, the user will be responsible for the damages. Responsible means that users can be held accountable for the repair cost of ARC mobile assets. 3.0 MOBILE ASSETS ETIQUETTE ARC employees shall ensure every effort is made to protect ARC assets from damage. Cell phones shall be protected by carrying case. Laptop bags should be used to transport laptops from one location to another. 4.0 MOBILE ASSETS USAGE - SECURITY ARC users who identify or perceive an actual or suspected security problem shall immediately contact the IT Security Manager, in accordance with procedure ARCSD108 – IT INCIDENT HANDLING. Cell phones and laptops shall not be left unprotected. Cell phone should not be left lying around. For this presents the opportunity for theft. Laptop shall not be left unattended in a public place. Laptop should be store in the trunk of vehicles not in plain visibility within the car. For this presents the opportunity for theft. Access to mobile assets shall be revoked for any user identified as a security risk or who has a demonstrated history of security problems. 5.0 MOBILE ASSETS USAGE - PENALTIES Any user violating these policies or applicable local, state, or federal laws while using the ARC mobile assets shall be subject to loss of mobile asset privileges and any other disciplinary actions deemed appropriate, possibly including termination and criminal and/or civil prosecution. Additional Resources: A.None. References: A. ISO 17799:2000 STANDARD – INFORMATION TECHNOLOGY CODE OF PRACTICE FOR INFORMATION SECURITY MANAGEMENT, CLAUSE 8.5.1 (NETWORK CONTROLS) Clause 8.5.1(c) of this Standard states that “(i)f necessary, special controls should be established to safeguard the confidentiality and integrity of data passing over public networks (i.e., the Internet) and to protect the connected systems...special controls may also be required to maintain the availability of the network services and computers connected.” ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 3 of 6 Revision History: Revision Date Description of changes Requested By 1.0 10/30/06 Initial Release DJW 1.1 9/23/14 Naming Change from MTP ARC DJW ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 4 of 6 ARCAD113-1 ARC MOBILE ASSETS USAGE POLICY ACKNOWLEDGEMENT Revision # __________ Date __________________ 1.0 ACCEPTABLE USE – MOBILE ASSETS The use of ARC mobile assets is specifically limited to activities in direct support of official ARC business. In addition to access in support of specific work related duties, the ARC mobile assets may be used for educational and research purposes. If any user has a question of what constitutes acceptable use he/she should check with their supervisor for additional guidance. Management or supervisory personnel shall consult with the Compliance Officer for clarification of these guidelines. 2.0 INAPPROPRIATE USE - MOBILE ASSETS Mobile assets shall not be used for any illegal or unlawful purpose. Examples of this are the transmission of violent, threatening, defrauding, pornographic, obscene, or otherwise illegal or unlawful materials Users are to know that company issued mobile assets are a privilege. Users found abusing privileges of mobile assets shall have their privileges revoked. Employees shall not use ARC mobile assets for personal gain such as selling access of a ARC user login ID. Assets shall not be used for internet access through the ARC network for or by performing unauthorized work for profit. Damage to company issued mobile assets shall be assessed by user manager. If damages are determined to be caused by the user, the user will be responsible for the damages. Responsible means that users can be held accountable for the repair cost of ARC mobile assets. 3.0 MOBILE ASSETS ETIQUETTE ARC employees shall ensure every effort is made to protect ARC assets from damage. Cell phones shall be protected by carrying case. Laptop bags should be used to transport laptops from one location to another. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 5 of 6 4.0 MOBILE ASSETS USAGE - SECURITY ARC users who identify or perceive an actual or suspected security problem shall immediately contact the IT Security Manager, in accordance with procedure ARCSD108 – IT INCIDENT HANDLING. Cell phones and laptops shall not be left unprotected. Cell phone should not be left lying around. For this presents the opportunity for theft. Laptop shall not be left unattended in a public place. Laptop should be store in the trunk of vehicles not in plain visibility within the car. For this presents the opportunity for theft. Access to mobile assets shall be revoked for any user identified as a security risk or who has a demonstrated history of security problems. 5.0 MOBILE ASSETS USAGE - PENALTIES Any user violating these policies or applicable local, state, or federal laws while using the ARC mobile assets shall be subject to loss of mobile asset privileges and any other disciplinary actions deemed appropriate, possibly including termination and criminal and/or civil prosecution. 6.0 MOBILE ASSETS USAGE - CONCLUSION All terms and conditions as stated in this document are applicable to all ARC employees. These reflect an agreement of all parties and should be governed and interpreted in accordance with the laws of the State of California. 7.0 USER COMPLIANCE I understand and will abide by the ARC mobile assets use policies. I further understand that any violation of this policy is considered unethical and may constitute a criminal offense. Should I commit any violation, my access privileges may be revoked and disciplinary action and/or appropriate legal actions may be taken. User Signature ________________________________ Date ____________ Print Name ___________________________________ ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD113 – Mobile Assets Usage Policy Page 6 of 6 [This page intentionally left blank.] ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 1 of 12 CTRL # AD106 Revision: 2.0 Prepared by: DJW Effective Date: 10/1/12 Approved by: Rahul Roy Title: ARCAD106 – NETWORK INFRASTRUCTURE STANDARDS Policy: To ensure maximum safety, capacity and efficiency, the ARC network infrastructure shall be engineered and installed in accordance with appropriate industry standards and state and local building and electrical codes. Purpose: To delineate specific standards regarding the installation of network infrastructure including cabling and equipment. Scope: This standard applies to all ARC Wide Area Networks (WAN) and Local Area Networks (LAN) and all infrastructure support devices attached to those networks. Responsibilities: The Director of Information Technology is responsible for the design, installation, and management of the ARC network infrastructure. The Director of Information Technology will be responsible for the coordination of all aspects of the cable plant installation. In addition, the Director of Information Technology will be the approval authority for the coordination of any additional adds, moves, or changes to the ARC network infrastructure. IT Network Team is responsible for the installation and operation of the LAN and WAN equipment and software installed within their LAN. The IT Network Team will coordinate with the Director of Information Technology for all issues related to corporate WAN Links or other Telecommunications equipment such as telephones as associated systems. The IT Network Team will coordinate all addions, moves, or other changes with the Director of Information Technology. The Director of Information Technology is responsible for the installation of TCP/IP and operation of all ARC WAN circuits and associated support equipment. The Director of Information Technology will provide direction to the IT Network Team regarding the operation, configuration and troubleshooting of all WAN equipment. In addition, the Director of Information Technology will be responsible for the installation, operation and troubleshooting of all ARC voice, fax and video communications systems. IT Network Team staff members are responsible for installing and maintaining network infrastructure in accordance with Network Infrastructure standards. Definitions: None. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 2 of 12 Procedure: 1.0 NETWORK INFRASTRUCTURE STANDARDS DEVELOPMENT 1.1 All ARC network infrastructure standards shall conform to IEEE 802 standards, wherever applicable. 1.2 The Director of Information Technology communicates the need for network infrastructure standards to the Chief Technology Officer. They review the proposed standards with respect to: ITAD101-1 – INFORMATION TECHNOLOGY PLAN; Industry standards, best practices, and benchmarks; and Applicable federal, state, and local regulations. 1.3 Once the need for standards has been recognized and formally agreed on, the Director of Information Technology shall define the general content and scope of the future standards and present them to the Chief Technology Officer. 1.4 Once agreement has been reached on the basic standard, the Director of Information Technology shall develop detailed standards specifications and present these to the Chief Technology Officer. 1.5 When agreement on the detailed standards has been reached, the Chief Technology Officer shall present the standards to Top Management for approval. 2.0 NETWORK INFRASTRUCTURE STANDARDS IMPLEMENTATION 2.1 Once approved by the Chief Technology Officer, network infrastructure standards shall be communicated by the Director of Information Technology to IT Network Team. 2.2 The Sr. Network Manager shall have primary responsibility for maintaining ARCAD106-2 – NETWORK INFRASTRUCTURE STANDARDS LIST. 3.0 NETWORK INFRASTRUCTURE STANDARDS REVIEW 3.1 At regular intervals (annually, at a minimum), the Sr. Network Manager shall review the current set of ARC network infrastructure standards with the Director of Information Technology to verify that they continue to meet ARC requirements. The Sr. Network Manager should review ARCTS102-4 – TECH SUPPORT LOG to determine if there are patterns or trends of IT-related trouble that indicate outdated or incomplete standards. 3.2 If the Sr. Network Manager determines that infrastructure standards require updating, he shall meet with The Chief Technology Officer to discuss review findings and required updates and determine to what extent ARCAD101-1 – INFORMATION TECHNOLOGY PLAN may be impacted. If ARCAD101-1 may be impacted by a change in standards, this issue shall be included in the next Technology Plan review, in accordance with procedure ARCAD101 – INFORMATION TECHNOLOGY PLAN. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 3 of 12 Additional Resources: None. References: A. INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE) STANDARD 802 – STANDARD FOR LOCAL AND METROPOLITAN AREA NETWORKS IEEE 802 is a family of standards that pertains to local area and metropolitan area networks; specifically, networks carrying variable-size packets. Services and protocols specified in these standards map to the lower two layers (Data Link and Physical) of the seven-layer OSI networking reference model. IEEE 802 subdivides the OSI Data Link Layer into sub-layers named Logical link control (LLC) and Media Access Control. The IEEE 802 family of standards is maintained by the IEEE 802 LAN/MAN Standards Committee (LMSC). Revision History: Revision Date Description of changes Requested By 1.0 12/5/2007 Initial Release DJW 2.0 8/21/12 Naming convention change from MPT to ARC Goutam Dastider ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 4 of 12 [This page intentionally left blank] ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 5 of 12 ARCAD106-1 – NETWORK INFRASTRUCTURE STANDARDS LIST 1.0 CABLE PLANT STANDARDS The ARC network infrastructure is vital to ARC business operations. The following paragraphs detail the basic mandatory installation procedures that are intended to assure a high quality, dependable, network cable plant infrastructure. The ARC network infrastructure includes all local and wide area networks (LAN/WAN) and all associated equipment and software required for their continued operation and management. LAN infrastructure is composed of a Main Distribution Frame/Closet (MDF) and a Data Center. In some smaller locations the MDF Data Center are co-located or there may be no MDF required. Infrastructure connecting the MDF to the Data Center locations will be regarded as part of the network backbone. The backbone is the main portion of the network and serves to distribute communication across the corporate infrastructure. The cable infrastructure from the Data Center to individual network hosts, including user workstations, is referred to as the horizontal cable plant. Each portion of the cable plant has specific standards that must be followed to ensure reliable communication. All installations shall be recorded on ARCAD106-3 – NETWORK INSTALLATION CHECKLIST AND BILL OF MATERIALS and copies shall be forwarded to the Sr. Network Manager and IT Asset Manager. The Sr. Network Manager shall maintain a repository of such records, in accordance with ARCSD104 – IT DISASTER RECOVERY. The IT Asset Manager shall maintain this record in accordance with ARCAM102 – IT ASSET MANAGEMENT. 2.0 HORIZONTAL CABLE PLANT The horizontal cable plant consists of all equipment and cabling found from the Data Center to the network interface on a given network host. 3.0 TELECOMMUNICATIONS RACK All equipment in the Data Center shall be properly installed in an industry standard communications rack or enclosure. Equipment that cannot be directly mounted to the rack shall be installed on a rack mounted shelve. Equipment shelves shall not be excessively loaded. Equipment shall not be double stacked on equipment shelves. The rack or enclosure shall be installed in a space or location that is not in the immediate vicinity of hot water heaters, hazardous equipment or material or equipment that could cause power fluctuations or electromagnetic interference (EMI) including heating and air-conditioning equipment, power transformers or distribution equipment. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 6 of 12 The telecommunications closet or enclosure shall remain locked at all times. Only personnel from the IT Network Team are authorized to have access to these spaces. All cabling in the MDF will be dressed neatly with appropriate wire management (cable ties/wraps), as necessary, to protect and aesthetically manage the physical cabling. a. Dedicated Communications Closet. For installation locations with a large dedicated communications closet, the IDF shall be installed in an open Aluminum 19” telecommunications rack of at least seven (7) feet in height. The rack shall be solidly bolted to the floor with not less than four bolts. The rack shall be anchored sufficiently to comply with all local earthquake standards or other applicable building codes. The rack shall be fitted with a horizontal and vertical wire management system. b. Small Telecommunications Closet A wall mounted 19-inch telecommunications rack shall be used for locations with small telecommunications closets that preclude the installation of a traditional 19-inch rack. To support the installation of telecommunications equipment a piece of industrial plywood shall be anchored to the wall of the closet. This plywood shall be not less than 0.75 inch in thickness and not less than 4 feet by 4 feet. The wall-mounted rack shall be solidly anchored to the plywood. c. No Telecommunications Closet For locations without a suitable telecommunications closet, the IDF equipment shall be installed in an enclosed lockable Telecommunications Cabinet (freestanding or wall mounted as appropriate). The IT Network Team shall control the keys and access to this cabinet. 4.0 POWER The Data Center shall provide sufficient electrical power for all installed equipment. The available electrical load shall not be less than 150% of the required current for all installed equipment. The UPS racks or enclosures shall be electrically grounded in accordance with all applicable government (local, state and federal) laws. Each rack shall be fitted with surge protected electrical power strips. The number of available outlets shall be 125% of number of outlets required by the installed equipment. 5.0 VENTILATION Proper environmental controls are important to ensure the proper and continued operation of the ARC network. All ARC Data Center locations shall have ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 7 of 12 sufficient air conditioning to maintain continuous airflow and a temperature between 65 to 75 degrees Fahrenheit. 6.0 CABLE SPECIFICATIONS 6.1 All components proposed for the cable plant installation will meet or exceed all UL and EIA-TIA specifications, and will be installed along industry standard guidelines, within applicable OSHA, city, and federal fire code restrictions. All ARC cabling shall be installed in accordance with the guidelines contained in ANSI/EIA/TIA-568-1991 Commercial Building Telecommunications Wiring Standard and two associated bulletins: Additional Cable Specifications for Unshielded Twisted-Pair Cables EIA/TIA Technical System Bulletin TSB-36, Nov. 1991 (Transmission Characteristics of Category 3-5 UTP cables) Additional Transmission Specifications for UTP Connecting Hardware EIA/TIA Technical System Bulletin TSB-40A, Dec 1993 (Performance of Connectors and Patch Panels Above 20 MHz) This standard defines a generic telecommunications wiring system for commercial buildings that will support a multiproduct, multivendor environment. It also provides direction for the design of telecommunications products for commercial enterprises. The purpose of this standard is to enable the planning and installation of building wiring with little knowledge of the telecommunications products that subsequently will be installed. This standard establishes performance and technical criteria for various wiring system configurations for interfacing and connecting their respective elements. EIA/TIA Category Specification provides for the following cable transmission speeds with specifications. Note: prior to Jan94 UL and Anixter developed a LEVEL system, which has been dropped or harmonized with the CATEGORY system Category 1 = No performance criteria Category 2 = Rated to 1 MHz (used for telephone wiring) Category 3 = Rated to 16 MHz (used for Ethernet 10Base-T) Category 4 = Rated to 20 MHz (used for Token-Ring, 10Base-T) Category 5 = Rated to 100 MHz (used for 100Base-T, 10Base-T) All ARC copper cabling (network and telephone) shall adhere to the standards for Category 5. Telephone cabling shall be installed with Category 2. EIA/TIA 568 specifies two different methods of installing cables. All ARC network cabling shall be installed in accordance with EIA/TIA 568A. EIA/TIA- 568 defines 568A pinouts as follows: Pair Pin Wire Color 3 1 White/Green ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 8 of 12 3 2 Green 2 3 White/Orange 1 4 Blue 1 5 White/Blue 2 6 Orange 4 7 White/Brown 4 8 Brown 6.2 Cable Plant Labeling Color coded cable plant labels meeting the EIA/TIA 606 standard will be installed on all termination points including patch panels, punch blocks, and wall plates. In addition, color-coded labels shall be installed on each end of all installed cable, approximately 6” from each end. Cable plant labels will be computer generated professionally and permanently affixed to each location, all reflecting the unique identification according to a pre- approved project labeling plan. The color of label used on a cross connect field identifies field's function. The cabling administration standard (CSA T-528 & EIA-606) lists the colors and functions as: Blue - Horizontal voice cables Brown - Interbuilding backbone Gray - Second-level backbone Green - Network connections & auxiliary circuits Orange - Demarcation point, telephone cable from Central Office Purple - First-level backbone Red - Key-type telephone systems Silver or White - Horizontal data cables, computer & PBX equipment Yellow - Auxiliary, maintenance & security alarms 6.3 General Cable Installation Guidelines Each network drop location shall contain not less than two network ports and at least one telephone port. Each drop location shall be placed eighteen inches above floor level. Each drop location shall be at least 2 inches away from electrical outlets. Each end of a cable run shall have additional slack or service loop. There shall be not less than three feet nor more than ten feet of service loop at ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 9 of 12 the Data Center end of the horizontal cable run. There shall be at least 6 inches of service loop at the network node end of the horizontal run. All cabling will maintain bend radius, as prescribed by the EIA/TIA 568A standard. For locations with hollow gypsum (dry wall) walls, cable shall be routed inside the wall. Cables shall be terminated in a flush mounted wall plate. For locations with solid walls, such as concrete block or slab, cable shall be run inside approved wire molding. The color of the molding shall be as consistent as possible with the color of the wall. The wire molding shall be run in such as manner as to be as unobtrusive as possible. Cable run within the ceiling shall not be draped over ceiling tiles. All cable run through ceilings shall either utilize cable trays or hooks. The cable run shall be at close to the upper limit of the inferior space between the false ceiling and the hard ceiling. 6.4 Vertical/Backbone Cable Plant Fiber Optic Cable Multi-mode (MM) Fiber Multi-mode fiber used in ARC networks shall have a core diameter of 62.5 microns and cladding of 125 microns. Multi-mode fiber shall be used for backbone cable runs or for local area network connections that require reliable and secure communications at distances less than 2 km. Single Mode (SM) Fiber Single mode fiber has a very small core. Typical values are 5-10 microns. Single mode fiber has a much higher capacity and allows longer distances than multi-mode fiber. Single mode fiber has a maximum transmission distance of 40km. Single mode fiber shall typically be used for campus or wide area networks such as telephone company switch to switch connections and cable TV (CATV). Fiber Connectors There are several different types of fiber connectors. All fiber connections within the ARC infrastructure shall use the following connector types. FSD - Fixed Shroud Duplex. This type of connector shall only be used for FDDI connections SC - SC is the international standard. The SC connectors are recommended in SP-2840A. SC connectors shall be used on all multi-mode data fiber runs. ST - Keyed, bayonet-style connector. This type of connector shall be used on all single-mode fiber runs. SMA – Shall not be used. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 10 of 12 LC - LC Fiber Connectors shall be used to connect all storage related products including but not limited the SAN, Tape Library and some servers. 6.5 Cable Plant And Drop Location Numbering Scheme To facilitate efficient management of the cable plant infrastructure all cables and drop locations shall be assigned a unique serial number. The serial number shall be constructed of three sets of alpha-numeric characters separated by a dash. Data Center -Panel-Port Data Center – The three character identifier for the Data Center location Panel – A character denoting the specific patch panel Port – The port number on the patch panel. 7.0 INFRASTRUCTURE TESTING Proper cable plant testing, certification, and documentation are imperative for the successful operation of existing information systems, as well as the future planning and maintenance of the cable plant expansions. 7.1 Cable Plant Testing Twisted pair testing and certification will be performed with a cable analyzer to obtain the following information: * Cable Length * Connectivity * Cable Attenuation * Category 5 Compliance * NEXT (Near End Cross Talk) * Ambient Noise Levels Testing will be performed at 100 MHz ranges. All information derived from the testing procedures will be included as part of an overall documentation. 7.2 Fiber Optic Cable Plant Testing It will be the responsibility of cable installer (company or contractor) to assure that the quality and transmission integrity remains intact throughout the installation, from delivery of the fiber to the project site, until the fiber is tested in its completed stage. To provide this assurance, as well as useful comparison documentation, the installer will certify the fiber optic cable in three separate stages. Pre-Installation Certification – The initial check will test each fiber strand upon delivery to the project site and match the test results to the manufacture specifications sheets provided on the reels. This will be performed with an O.T.D.R. (Optical Time Domain Reflectometer) on the bare fibers on the reel. This information will provide verification of the cable lengths and show that the integrity of the cable has not been compromised during shipping. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 11 of 12 Post- Installation - The second fiber test procedure is performed after the installation and prior to termination of the fiber strands.This test will reveal damage to the fibers (if any) and provide accurate total lengths of each segment. Post-Termination - The final certification will be performed after the fiber has been terminated and installed into the fiber panels, and the cable plant has been dressed for aesthetics and protection. This final certification will ensure that each connector mating does not exceed the tolerances prescribed by industry standard, and that no additional damage to the fiber segments has occurred during the dressout. Actual OTDR printouts representing each of the test procedures at both industry accepted windows will be generated and retained. 7.3 Documentation The Sr. Network Manager shall maintain a comprehensive cable plant documentation package for each LAN under their purview. The documentation package shall, at a minimum, contain the following information: a.Detailed “as-built” drawings and schematics of the cable plant b.Category 5 test results for each copper cable c.Test results for each fiber optic cable A table detailing the cable drop location/port number scheme. ARC Computer & Network Policies, Procedures and Forms American Reprographic Company ARCAD106 – Network Infrastructure Standards Page 12 of 12 [This page intentionally left blank] ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD115 Software Change/ Upgrade Policy Page 1 of 3 CTRL # Revision:1.0 Prepared by: DJW Effective Date: 10/12/2006 Approved by: Title: ARCAD115 – SOFTWARE CHANGE & UPDATE POLICY Policy: ARC information technology philosophy is that all information technology software applications will generally reflect the most recent version of the application software that is properly vendor supported. This generally is no more than tow versions behind the most recent commercially available version. This is important to ensure the most comprehensive functionality of the applications in place and to help assure that customers receive the best and most comprehensive service through the latest in vendor application software. Accordingly, the Company will operate vendor application software in such a way that, as early as practical and cost effective, the most recent, commercially available release of vendor application software will be installed, tested, converted and used in the Company’s operating environment. Purpose: To establish the policy covering the upgrade of software applications and/or spreadsheets. Scope: This process applies to upgrades, or modifications, to the IT environment and applies to all hardware including but not limited to SANs, Backup Libraries, Servers, Workstations, Laptops and operating systems running on them. Responsibilities: The Director of Information Technology is responsible for the design, installation, and management of the ARC software standards. The Director of Information Technology will be responsible for the coordination of all aspects of the software acquisitions. In addition, the Director of Information Technology will be the approval authority for the coordination of any additional adds, moves, or changes to the ARC network and/or system software. IT Network Team is responsible for the installation and operation of the system software installed on all systems in the ARC Infrastructure. The IT Network Team will coordinate with the Director of Information Technology for all software related issues related to systems connecting to the corporate network and associated systems. The IT Network Team will coordinate all upgrades and changes with the Director of Information Technology. IT Network Team staff members are responsible for installing and maintaining all software within the network infrastructure in accordance with Network Infrastructure standards. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD115 Software Change/ Upgrade Policy Page 2 of 3 IT Network Team will conduct weekly meeting discussing software changes if necessary. Definitions: Change: to transform alter, or modify the operating environment or standard operating procedures; and modification that could have a potential and/or significant impact on the stability and reliability of the infrastructure and impacts conducting normal business operation by our customers, ARC and ARC; any interruption in building environments (i.e. electrical outages) that may cause disruption to the IT infrastructure and systems. ARC – American Reprographic Company ARC – ARC Document Solutions Change Management Process: 1.0 SOFTWARE INFRASTRUCTURE CHANGE STANDARDS 1.1 Director of IT is responsible for pro-active planning in managing the infrastructure environment. Software change/ upgrade request should be complete as soon as all planning is done. 1.2 The Director of Information Technology is responsible for researching and for high priority matters approval from the Chief Technology Officer (CTO). The following forms will be used to for all change request and incident reporting: ARCAD115-1 SOFTWARE CHANGE/UPGRADE REQUEST FORM 1.3 Change request forms that have not been completed will be rejected. 1.4 Change request can be submitted up to 3 months in advance. 1.5 If a change request cannot be completed with the change request timeline, an email will be sent informing all parties with a reason for the delay. 2.0 SOFTWARE INFRASTRUCTURE CHANGES 2.1 All software changes/upgrades will be done after hours except in the case of and emergency change request with CTO approval. 2.2 An official email will be sent out in the event that the outage will affect customers and corporate users of the network. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCAD115 Software Change/ Upgrade Policy Page 3 of 3 Additional Resources: None. References: A. INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE) STANDARD 802 – STANDARD FOR LOCAL AND METROPOLITAN AREA NETWORKS IEEE 802 is a family of standards that pertains to local area and metropolitan area networks; specifically, networks carrying variable-size packets. Services and protocols specified in these standards map to the lower two layers (Data Link and Physical) of the seven-layer OSI networking reference model. IEEE 802 subdivides the OSI Data Link Layer into sub-layers named Logical link control (LLC) and Media Access Control. The IEEE 802 family of standards is maintained by the IEEE 802 LAN/MAN Standards Committee (LMSC). Revision History: Revision Date Description of changes Requested By 1.0 10/12/2006 Initial Release DJW 1.1 09/23/14 Name Change on document from MPT to ARC DJW ARCITSW101-1 – IT PROJECT PLAN < ARC Document Solutions > < PROJECT NAME > Document Revision #: Date of Issue: Approval Signatures Prepared by: Product Manager Prepared by: Project Manager Approved by: Executive in Charge Reviewed by: Quality Manager ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 2 of 20 Document Change Control This section provides control for the development and distribution of revisions to the Project Charter up to the point of approval. The Project Charter does not change throughout the project life cycle, but rather is developed at the beginning of the project (immediately following project initiation approval, and in the earliest stages of project planning). The Project Charter provides an ongoing reference for all project stakeholders. The table below includes the revision number (defined within your Documentation Plan Outline), the date of update/issue, a brief description of the context and/or scope of the changes in that revision, and the person responsible for authoring the changes. Revision Date Description of Change Author 1.0 10/4/2012 Initial Document DJW Editor’s Note: ITSW101-1 – IT PROJECT PLAN is adapted from the IEEE Standards for Software Project Management Plans, #1058-1998, and from the data requirements of ISO standard 12207 Software Life Cycle Processes. It is designed as a guide used to begin the project development plan. The plan should be dynamic, changing with project changes, but keeping the overall development plan well documented. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 3 of 20 Table of Contents 1.0 Project Overview ................................................................................... 4 1.1 Purpose, Scope, and Objectives ............................................................................. 4 1.2 Assumptions, Constraints, and Risks ..................................................................... 4 1.3 Project Deliverables ................................................................................................ 5 1.4 Schedule and Budget Summary ............................................................................. 5 1.5 Evolution of the Plan ............................................................................................... 5 1.6 References .............................................................................................................. 6 1.7 Definitions and Acronyms ....................................................................................... 6 2.0 Project Organization ............................................................................. 6 2.1 External Interfaces .................................................................................................. 6 2.2 Internal Structure ..................................................................................................... 7 2.3 Roles and Responsibilities ...................................................................................... 7 3.0 Managerial Process Plans .................................................................... 7 3.1 Start-up Plan ........................................................................................................... 7 3.1.1 Estimates .................................................................................................................... 7 3.1.2 Staffing ........................................................................................................................ 8 3.1.3 Resource Acquisition ................................................................................................... 8 3.1.4 Project Staff Training ................................................................................................... 9 3.2 Work Plan ................................................................................................................ 9 3.2.1 Work Breakdown Structure ......................................................................................... 9 3.2.2 Schedule Allocation ................................................................................................... 10 3.2.3 Resource Allocation .................................................................................................. 10 3.2.4 Budget Allocation ...................................................................................................... 10 3.3 Project Tracking Plan ............................................................................................ 11 3.3.1 Requirements Management ...................................................................................... 11 3.3.2 Schedule Control ....................................................................................................... 11 3.3.3 Budget Control .......................................................................................................... 12 3.3.4 Quality Control .......................................................................................................... 12 3.3.5 Reporting ................................................................................................................... 12 3.3.6 Project Metrics .......................................................................................................... 13 3.4 Risk Management Plan ......................................................................................... 13 3.5 Project Closeout Plan ........................................................................................... 14 4.0 Technical Process Plans .................................................................... 14 4.1 Process Model ...................................................................................................... 15 4.2 Methods, Tools, and Techniques .......................................................................... 15 4.3 Infrastructure ......................................................................................................... 15 4.4 Product Acceptance .............................................................................................. 16 4.5 Deployment Plan ................................................................................................... 16 5.0 Supporting Process Plans ................................................................. 16 5.1 Configuration Management ................................................................................... 16 5.2 Verification and Validation .................................................................................... 17 5.3 Documentation ...................................................................................................... 17 5.4 Quality Assurance ................................................................................................. 18 5.5 Reviews and Audits ............................................................................................... 18 5.6 Problem Resolution ............................................................................................... 19 5.7 Subcontractor Management .................................................................................. 19 5.8 Process Improvement ........................................................................................... 19 6.0 Additional Plans .................................................................................. 20 ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 4 of 20 1.0 PROJECT OVERVIEW This section of the IT Project Management Plan provides an overview of the purpose, scope and objectives of the project for which the Plan has been written, the project assumptions and constraints, a list of project deliverables, a summary of the project schedule and budget, and the plan for evolving the IT Project Management Plan. 1.1 PURPOSE, SCOPE, AND OBJECTIVES Describe the purpose, scope and objectives of the project. Explain how they fit within a broader vision of any overall program or product life cycle. Describe what is out of scope as well. Describe the business or system needs being satisfied by the project. Provide a reference to any requirements descriptions that drive this project. Define the purpose and scope of the project. Describe any considerations of scope or objectives to be excluded from the project or the deliverables. Ensure that the statement of scope is consistent with similar statements in the business case, the project charter and any other relevant system-level or business-level documents. Identify and describe the business or system needs to be satisfied by the project. Provide a concise summary of: − the project objectives, − the deliverables required to satisfy the project objectives, and methods by which satisfaction of the objectives will be determined. Describe the relationship of this project to other projects. If appropriate, describe how this project will be integrated with other projects or ongoing work processes. Provide a reference to the official statement of project requirements (e.g.: in the business case or the project charter). 1.2 ASSUMPTIONS, CONSTRAINTS, AND RISKS Describe assumptions and any constraints on which the project is based. Include system dependencies that will affect this project. Describe the assumptions on which the project is based. Describe the imposed constraints and risks on the project such as: − Schedule; − Budget; ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 5 of 20 − Resources; − Quality; − Software to be reused; − Existing software to be incorporated; − Technology to be used; and − External interfaces. 1.3 PROJECT DELIVERABLES List the deliverables or services to be provided by this project, or provide a reference to where such a list can be found. Include delivery dates, delivery locations, and quantities, as appropriate. It may be useful to portray these in a table. Identify and list the following, as required to satisfy the terms of the project charter or contract: − Project deliverables (either directly in this Plan, or by reference to an external document); − Delivery dates; − Delivery location; and − Quantities required. Specify the delivery media. Specify any special instructions for packaging and handling. 1.4 SCHEDULE AND BUDGET SUMMARY Provide a summary of the schedule and budget, at the top level of the project work breakdown structure (or equivalent). Include all aspects of the project, including support functions, quality assurance, configuration management, and subcontracted work when treating the schedule and budget. Provide a summary of the schedule and budget for the IT project. Restrict the level of detail to an itemization of the major work activities and supporting processes (e.g.: give only the top level of the work breakdown structure). 1.5 EVOLUTION OF THE PLAN Describe how this plan will be completed, disseminated, and put under change control. Describe how both scheduled and unscheduled updates will be handled. Identify the compliance of this Plan to any standards. For example: The structure of this Project Plan is in compliance with the recommendations of IEEE Standard 1058-1998. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 6 of 20 Specify the plans for producing both scheduled and unscheduled updates to this Plan. Specify how the updates to this Plan shall be disseminated. Specify how the initial version of this Plan shall be placed under configuration management. Specify how changes to this Plan shall be controlled after its issue. 1.6 REFERENCES Provide a list of all documents and other sources of information referenced in the plan. Identify each referenced document by title, report number, date, author and publishing organization. Identify other referenced sources of information, such as electronic files, using unique identifiers such as path/name, date and version number. Include a reference for the authorizing document for this project, the Statement of Work or Marketing Requirements or Charter or whatever that might be for the organization. Identify and justify any deviations from the referenced standards or policies. 1.7 DEFINITIONS AND ACRONYMS Define, or provide references to documents or annexes containing the definition of all terms and acronyms required to properly understand this Plan. 2.0 PROJECT ORGANIZATION Describe the overall organization for the project including internal and external structures, roles, and responsibilities. 2.1 EXTERNAL INTERFACES Describe the administrative and managerial interfaces between the project and the primary entities with which it interacts. Describe the organizational boundaries between the project and external entities. Identify, as applicable: − the parent organization, − the customer, − subcontracted organizations, and − other organizational entities that interact with the project. Use organizational charts or diagrams to depict the project's external interfaces. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 7 of 20 2.2 INTERNAL STRUCTURE Describe the internal management structure of the project, as well as how the project relates to the rest of the organization. Include employees and contract staffs that are managed as part of this project. Describe the interfaces among the units of the IT development team. Describe the interfaces between the project and organizational entities that provide supporting processes, such as configuration management, quality assurance, and verification and validation. Use organizational charts or diagrams to depict the lines of authority, responsibility and communication within the project. 2.3 ROLES AND RESPONSIBILITIES Identify and state responsibilities assigned to each major role in the project, and identify the individuals who are responsible for those functions and activities. Identify and state the nature of each major work activity and supporting process. Identify the organizational units that are responsible for those processes and activities. Consider using a matrix of work activities and supporting processes vs. organizational units to depict project roles and responsibilities. 3.0 MANAGERIAL PROCESS PLANS This section of the IT Project Management Plan specifies the project management processes for the project. It includes the plans for project start-up, risk management, project work, project tracking and project close-out. NOTE: This section may evolve over the lifetime of the project, and only a subset of them may be relevant; use elements accordingly. If there are documented processes that the project team is following, the plan may refer to the documented processes rather than reproduce them as part of this plan. 3.1 START-UP PLAN Describe the effort required to begin the project. Provide estimates for staffing, resources, schedules, and training. 3.1.1 Estimates Describe how the project effort, cost and schedule will be estimated, including methods, tools, and techniques. Specify the estimated cost, schedule and resource requirements for conducting the project, and specify the associated confidence levels for each estimate. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 8 of 20 Specify the methods, tools and techniques used to estimate project cost, schedule and resource requirements; Specify the sources of estimate data and the basis of the estimation such as: analogy, rule of thumb, standard unit of size, cost model, historical database, etc. Specify the schedule for re-estimation, which might be regular, a periodic or event-driven (e.g.: on project milestones). 3.1.2 Staffing Describe how staffing will be done, along with the expected level of staffing by phase of the project, types of skills needed, and sources of staff (may be employees or contract personnel). Describe how the staff will be organized and supervised here, or include it in the section that describes the project internal structure. Specify the number of required staff, providing the following details: − number of personnel by skill level, − numbers and skill levels in each project phase, and − duration of personnel requirement. Specify the sources of staff personnel (e.g.: internal transfer, new hire, contracted, etc.) Consider using resource Gantt charts, resource histograms, spreadsheets and tables to depict the staffing plan by skill level, by project phase, and by aggregations of skill levels and project phases. 3.1.3 Resource Acquisition Identify (or refer to a location that contains a description of) the resources associated with each of the major work activities, as well as an overall summary of the resource loading for the project and how they will be acquired. Specify the plan for acquiring the resources and assets, in addition to personnel, needed to successfully complete the project. Describe the resource acquisition process. Specify the assignment of responsibility for all aspects of resource acquisition. Specify acquisition plans for equipment, computer hardware and software, training, service contracts, transportation, facilities, and administrative and janitorial services. Specify when in the project schedule the various acquisition activities will be required. Specify any constraints on acquiring the necessary resources. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 9 of 20 If necessary, expand this subsection to lower levels, to accommodate acquisition plans for various types of resources. 3.1.4 Project Staff Training Specify the training needed to ensure that necessary skill levels in sufficient numbers are available to successfully conduct the IT project. Specify the following training information: − the types of training to be provided, − numbers of personnel to be trained, − entry and exit criteria for training, and − the training method, for example: lectures, consultations, mentoring, computer-assisted training, etc. Identify training as needed in technical, managerial and supporting activity skills. 3.2 WORK PLAN Specify (or refer to a location that contains a list of) the work activities and their relationships, depicted in a work breakdown structure. Decompose the structure to a low enough level to facilitate sound estimating, tracking, and risk management. Work packages may be built for some or each of the elements of the work breakdown structure, detailing the approach, needed resources, duration, work products, acceptance criteria, predecessors and successors. 3.2.1 Work Breakdown Structure Define a Work Breakdown Structure (WBS) to specify the various work activities to be performed in the IT project, and to depict the relationships among these work activities. Decompose the work activities to a level that exposes all project risk factors, and that allows accurate estimation of resource requirements and schedule duration for each work activity. Specify the following factors for each work activity: − necessary resources, − estimated duration, − products or deliverables of the activity, − acceptance criteria for the work activity products, and − predecessor and successor work activities. The level of decomposition internally within the WBS may vary depending on the quality of the requirements, familiarity of the work, applicable level of technology, etc. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 10 of 20 3.2.2 Schedule Allocation Specify (or refer to a location that contains) the schedule for the project, showing sequencing and relationships between activities, milestones, and any special constraints. Specify the scheduling relationships among the project work activities in a manner that depicts the time-sequencing constraints and illustrates opportunities for concurrent work activities. Identify the critical path in the schedule. Indicate any constraints on the scheduling of particular work activities, that are caused by external factors. Identify appropriate schedule milestones to assess the scope and quality of project work products and of project achievement status. Techniques for depicting schedule relationships may include milestone charts, activity lists, activity Gantt charts, activity networks, critical path networks and PERT charts. 3.2.3 Resource Allocation Identify (or refer to a location that contains a description of) the resources associated with each of the major work activities, as well as an overall summary of the resource loading for the project. Provide a detailed itemization of the resources allocated to each major work activity in the project WBS. Specify the numbers and required skill levels of personnel for each work activity. Specify, as appropriate, the allocation of the following resources: − personnel (by skill level), − computing resources − software tools − special testing and simulation facilities, and − administrative support. Use a separate line item for each type of resource for each work activity. 3.2.4 Budget Allocation Show (or refer to a location that contains a description of) the budget allocated to each of the major work activities. Use the organization’s standard cost categories such as personnel costs, travel, equipment, and administrative support. Provide a detailed breakdown of the necessary resource budgets for each of the major work activities in the WBS. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 11 of 20 Specify the estimated cost for activity personnel, and include as appropriate, the costs for the following items: − Travel; − Meetings; − Computing resources; − Software tools; − Special testing and simulation facilities; and − Administrative support. Use a separate line item for each type of resource in each activity budget. 3.3 PROJECT TRACKING PLAN 3.3.1 Requirements Management Describe the process to be used for measuring, reporting, and controlling changes to the product requirements. Describe the techniques to be used for configuration management of the requirements, requirements traceability, impact analysis for proposed changes, and approving changes (such as a Change Control Board). Specify the process for measuring, reporting and controlling changes to the project requirements. Specify the processes to be used in assessing the impact of requirements changes on product scope and quality, and the impacts of requirements changes on project schedule, budget, resources and risk factors. In the configuration management processes, specify change control procedures and the formation and use of a change control board. In the processes for requirements management, include traceability, prototyping and modeling, impact analysis and reviews. 3.3.2 Schedule Control Describe how progress will be monitored and controlled. Address how the schedule will be controlled (milestones, progress to plan on activities, corrective action upon serious deviation from the plan), when reporting will be done for both the project team and management, and what tools and methods will be used. Specify the schedule control activities by identifying the processes to be used for the following purposes: − To measure the progress of work completed at the major and minor project milestones; − To compare actual progress to planned progress; and − To implement corrective action when actual progress does not conform to planned progress. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 12 of 20 Specify the methods and tools that will be used to measure and control schedule progress. Identify the objective criteria that will be used to measure the scope and quality of work completed at each milestone, and hence to assess the achievement of each schedule milestone. 3.3.3 Budget Control Describe how performance to budget will be monitored and controlled. Address how the actual cost will be tracked to the budgeted cost, how corrective actions will be implemented, at what intervals cost reporting will be done for both the project team and management, and what tools and techniques will be used. Include all costs of the project, including contract labor and support functions. Specify the budget control activities by identifying the processes to be used for the following purposes: − To measure the cost of work completed; − To compare the actual cost to the planned and budgeted costs; and − To implement corrective action when the actual cost does not conform to the budgeted cost. Specify when cost reporting will be done in the project schedule. Specify the methods and tools that will be used to track the project cost. Identify the schedule milestones and objective indicators that will be used to assess the scope and quality of the work completed at those milestones. Specify the use of a mechanism such as earned value tracking to report the budget and schedule plan, schedule progress, and the cost of work completed. 3.3.4 Quality Control Describe the mechanisms that will be used to maintain quality control. [These may be described in detail in other plans or in the Supporting Process Plans of this document.] Specify the processes to be used to measure and control the quality of the work and the resulting work products. Specify the use of quality control processes such as quality assurance of conformance to work processes, verification and validation, joint reviews, audits and process assessment. 3.3.5 Reporting Describe how the progress of the project and other information needed by the project will be communicated to everyone associated with the project. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 13 of 20 Specify the reporting mechanisms, report formats and information flows to be used in communicating the status of requirements, schedule, budget, quality, and other desired or required status metrics within the project and to entities external to the project. Specify the methods, tools and techniques of communication. Specify a frequency and detail of communications related to project management and metrics measurement that is consistent with the project scope, criticality, risk and visibility. 3.3.6 Project Metrics Specify the methods, tools, and techniques to be used in collecting and retaining project metrics. Specify the following metrics process information: − Identification of the metrics to be collected; − Frequency of collection; and − Processes for validating, analyzing, and reporting the metrics. 3.4 RISK MANAGEMENT PLAN Describe the process that will be used to identify, analyze, build mitigation and contingency plans, and manage the risks associated with the project. Describe mechanisms for tracking the specific risks, the mitigation plans, and any contingency plans. Risk factors that should be considered when identifying the specific project risks include contractual risks, organization-related risks, technological risks, risks due to size and complexity of the product, risks in personnel acquisition and retention, risks in achieving customer acceptance of the product, and others specific to the context of the project. Specify the risk management plan for identifying, analyzing, and prioritizing project risk factors. Specify plans for assessing initial risk factors and for the ongoing identification, assessment, and mitigation of risk factors throughout the life cycle of the project. Describe the following: − procedures for contingency planning, − procedures for tracking the various risk factors, − procedures for evaluating changes in the levels of the risk factors and responding to changes in the levels of the risk factors, − risk management work activities, − procedures and schedules for performing risk management work activities, ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 14 of 20 − risk documentation and reporting requirements, − organizations and personnel responsible for performing specific risk management activities, and − procedures for communicating risks and risk status among the various customer, project and subcontractor organizations. Identify and describe the applicable impact of any of the following risk factors: − risks in the customer-project relationship, − contractual risks, − technological risks, − risks caused by the size and complexity of the product, − risks in the development and target environments, − risks in personnel acquisition, skill levels and retention − risks to schedule and budget, and − risks in achieving customer acceptance of the deliverables. 3.5 PROJECT CLOSEOUT PLAN Describe the plan for closing out this project. Identify the plans necessary to ensure orderly closeout of the IT project. Specify the following: a staff reassignment plan a process for archiving project materials a process for capturing project metrics in the business projects database a process for post-mortem debriefings of project personnel a plan for preparation of a final report to include lessons learned and an analysis of project objectives achieved an examination of the initial cost/benefit analysis to see if objectives have been met examine any performance measures intended to be impacted by the project 4.0 TECHNICAL PROCESS PLANS Describe the processes and approaches to be used for developing the work products or services for the project. The primary technical focus of the project may be one or more of the following: acquisition – obtaining a system, product or service supply – providing a system, product, or service development – constructing a system or product ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 15 of 20 operation – running a system or service for regular use maintenance – correcting, perfecting, or adapting a system 4.1 PROCESS MODEL Specify the life cycle model to be used for this project or refer to an organizational standard model that will be followed. If the project is tailoring an organization’s standard life-cycle model, that tailoring should be described here. Define the relationships among major project work activities and supporting processes. Describe the flow of information and work products among activities and functions. Specify the timing of work products to be generated. Identify the reviews to be conducted. Specify the major milestones to be achieved. Define the baselines to be established. Identify the project deliverable to be completed. Specify the required approvals within the duration of the project. In the process model for the project, include project initiation and project termination activities. Use a combination of graphical and textual notations to describe the project process model. 4.2 METHODS, TOOLS, AND TECHNIQUES Identify the methods to be used to develop the work products or services for the project. Specify the development methodologies, programming languages and other notations, and the processes, tools and techniques to be used to specify, design, build, test, integrate, document, deliver, modify and maintain the project deliverable and non-deliverable work products. Specify the technical standards, policies, and procedures governing development and/or modification of the work products. 4.3 INFRASTRUCTURE Specify the plan for establishing and maintaining the development environment (hardware, operating system, network and software), and the policies, procedures, standards, and facilities required to conduct the IT project. These resources may include workstations, local area networks, software tools for analysis, design implementations, testing, and project management, desks, office space, and provisions for physical security, administrative personnel, and janitorial services. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 16 of 20 4.4 PRODUCT ACCEPTANCE Describe (or refer to a separate document that provides) the plan for acceptance of the project deliverables by the customer or acquirer of the product. Specify the plan for customer acceptance of the deliverables generated by the IT project and include the final approval process for product acceptance. Specify objective criteria for determining acceptability of the deliverables. Reference a formal agreement of the acceptance criteria signed by representatives of the IT organization and the customer. Specify any technical processes, methods, or tools required for deliverable acceptance, such as testing, demonstration, analysis and inspection. Describe roles and responsibilities for reviewing the plan, generating the acceptance tests, running the tests, and reviewing results. 4.5 DEPLOYMENT PLAN Describe (or refer to a separate document that provides) the plan for releasing and installing the project deliverables or deploying them to the acquirer or customer site. The plan may need to include hardware installation, telecommunications or database infrastructure preparation, and other information, as well as describing the means of distributing the software. Describe (or refer to a separate document that provides) the plan for operating and maintaining the system after deployment. If this project develops a product that is packaged and shipped to customers for their installation, describe how the product will be prepared for release and shipment. 5.0 SUPPORTING PROCESS PLANS Provide plans for the supporting processes here, or refer to the appropriate plans and where they can be found. In some cases, the organization’s standard processes can provide the majority of the information and need not be reproduced in a plan. 5.1 CONFIGURATION MANAGEMENT Specify or reference the configuration management plan for the IT project, providing the information identified in the following lines. Specify the methods that will be used to perform the following activities: − configuration identification, − configuration control, − status accounting, − evaluation, and − release management. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 17 of 20 Specify the processes of configuration management including procedures for the following activities: − initial base-lining of work products, − logging and analysis of change requests, − change control board procedures, − tracking of changes in progress, and − procedures for notification of concerned parties when baselines are established or changed. Identify the automated configuration management tools used to support the configuration management process. 5.2 VERIFICATION AND VALIDATION Specify or reference the verification and validation plan for the IT project, providing the information identified in the following lines. Specify the scope, tools, techniques and responsibilities for the verification and validation work activities. Specify the organizational relationships and degrees of independence between development activities and verification and validation activities. Specify the use of verification techniques such as traceability, milestone reviews, progress reviews, peer reviews, prototyping, simulation and modeling. Specify the use of validation techniques such as testing, demonstration, analysis and inspection. Identify the automated tools to be used in verification and validation. 5.3 DOCUMENTATION Describe (or refer to the description of) the processes, techniques, and tools that will be used for generating the deliverable and non-deliverable work products for the project. Include the product deliverables described earlier in this plan, as well as the various supporting plans and other documentation used by the project team to conduct the project. Specify the organizational entities responsible for providing input information, and for generating and reviewing the project documentation. Specify the following information or object identification: − list of documents to be prepared, − controlling template or standard for each document, − who will prepare each document, − who will review each document, ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 18 of 20 − due dates for review copies, − due dates for initial baseline versions, and − a distribution list for review copies and baseline versions and quantities required. Documents often found useful to perform the technical processes for developing software that satisfies the requirements include the following: User Requirements Specification – description of the problems to be solved, user needs to be served, in the words of the user Software Requirements Specification – detailed technical descriptions of the product requirements, addressing functionality, quality attributes, interfaces, design constraints, and other information helpful to product design Design Documentation – descriptions of major components of the product design, including architecture, process design, user interfaces, database design, and internal interface design Test Documentation – test plans, test procedures, and test cases at all relevant levels of testing (unit, module, integration, system, acceptance, alpha, beta) 5.4 QUALITY ASSURANCE Specify or reference the quality assurance plan for the IT project, containing the information identified in the following lines. Specify the plans for assuring that the IT project fulfills its commitments to the IT process and the IT product as specified in the requirements specification, the IT Project Management Plan, supporting plans and any standards, procedures, or guidelines to which the process or the product must adhere. As applicable, specify the quality assurance procedures to be used, such as analysis, inspection, review, audit, and assessment. Indicate the relationship among the quality assurance, verification and validation, review, audit, configuration management, system engineering, and assessment processes. 5.5 REVIEWS AND AUDITS Describe the manner and methods used for all project reviews and audits. Specify the schedule, resources, and processes, and procedures used in conducting project reviews and audits. Specify the plans for joint customer-project reviews, management progress reviews, developer peer reviews, quality assurance audits, and customer-conducted reviews and audits. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 19 of 20 List the external agencies that approve or regulate any project deliverable. 5.6 PROBLEM RESOLUTION Describe the resources, methods, and tools to be used for reporting, analyzing, prioritizing, and handling project issues. Issues may include problems with staffing or managing the project, new risks that are detected, missing information, defects in work products, and other problems. Describe how the issues will be tracked and managed to closure. Indicate the roles of development, configuration management, the change control board, and verification and validation in problem resolution work activities. Provide for separate tracking of effort expended on problem reporting, analysis and resolution, so that rework can be tracked and process improvement accomplished. Note: Work product defects in baselined work products should be handled by the configuration management change control process. 5.7 SUBCONTRACTOR MANAGEMENT Specify or reference the plans for selecting and managing any subcontractors that may participate in or contribute to the IT project. Specify the criteria for selecting subcontractors. Generate a separate management plan for each subcontract, using a tailored version of this Project Plan, and include all items necessary to ensure successful completion of each subcontract as follows: − requirements management; − monitoring of technical progress; − schedule and budget control; − product acceptance criteria; − risk management procedures; − additional topics as needed to ensure successful completion of the subcontract; and − a reference to the official subcontract and subcontractor/prime contractor points of contact. 5.8 PROCESS IMPROVEMENT Specify the plans for periodically assessing the project, for determining areas for improvement, and for implementing the improvement plans. If this project carries a responsibility for defining, testing, or using some new organization process, describe how that is incorporated into the project’s work. If this project is responsible for showing the impact to the business of using some new process, describe how that is included in the project’s measurement plan. ARCITSW101-1 – IT PROJECT PLAN ARC Document Solutions ARCITSW101-1 – IT Project Plan page 20 of 20 Ensure that the process improvement plan is closely related to the problem resolution plan. Include in the improvement plan, a process to identify the project processes that can be improved without serious disruption to an ongoing project, and to identify the project processes that can best be improved by process improvement initiatives at the organizational level. 6.0 ADDITIONAL PLANS Specify or reference any additional plans required to satisfy product requirements and contractual terms, which may include: Plans for assuring safety, privacy, and security requirements are met; Special facilities or equipment specification; Product installation plans; User training plans; Integration plans; Data conversion plans; System transition plans; Product support and maintenance plans; and Identify potential follow-up project plans which will use or supersede this project. ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 1 of 6 SOP # Revision: Prepared by: Effective Date: Approved by: Title: ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE Policy: To design software in a technically sound and efficient manner and fulfill requirements identified by the systems analyst. Purpose: To transform a set of system requirements (developed by the systems analyst) into programming instructions for a software product. Scope: All software products and updates released by the company. Responsibilities: Software Designers are responsible for transforming system requirements developed by the systems analyst into programming instructions and then communicating the overall design approach. Procedure: 1.0 SOFTWARE DESIGN - INTRODUCTION 1.1 The Software Designer transforms the system requirements and other design documents developed by the systems analyst (see ARCITSW103 – SYSTEMS ANALYSIS) into instructions and specifications for programming a software product. 1.2 The Software Designer might use the following tools: A word processing program, for typing text; A paint or draw program, for creating graphics; A flow charting program, for documenting data flows; A source code control system, for controlling program revisions; and A central database, for storing specifications, charts, and images. NOTE: If possible, scan sample documents to disk and store them with the specification files. 2.0 SOFTWARE DESIGN SPECIFICATION 2.1 The Software Designer shall write a description of the programming environment. The description should include instructions for: Locating the programming system (its directory/account structure); Accessing the programming system (startup, login); Applying for the required user codes; Locating programming libraries and tools; ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 2 of 6 Programs Forms Reports Menus Database program name form name report name menu name database name description description description description description screen layout screen layout screen layout menu layout table names process logic field edits report layout field names messages process logic query logic keys & indexing messages process logic format rules messages edit rules update rules Checking components into and out of the software component library or source code control system (For information about the software component library, see ARCITSW109 – SOFTWARE RELEASES AND UPDATES procedure); Assigning tasks to programmers; Reporting and tracking problems (or bugs); and Returning completed work to the designer. 2.2 The Software Designer shall create a general design of the software required to fulfill the system requirements developed by the systems analyst. To do this, the designer must: Fully address each process, calculation, relation and flow defined in the system requirements; Design software components that leverage the strengths of the programming tools and run efficiently in the physical environment; and Incorporate internal and industry-accepted standards of design. 2.3 The Software Designer shall review the general design with the systems analyst and make any required changes. 2.4 The Software Designer shall write detailed programming instructions for each component in the design. The following table shows the types of components and instructions found in a typical database software design. 2.5 The Software Designer shall create a catalog of messages used in the software. For each message, the Software Designer indicates the action the system users or administrators must take. 2.6 The Software Designer shall review the detail design with the systems analyst and make any required changes. ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 3 of 6 3.0 SOFTWARE DESIGN REVIEW 3.1 The Software Designer should use ARCITSW104-1 – DESIGN REVIEW CHECKLIST as a guide to preparation before presenting the software design documents in a formal review to everyone who will be working on the project, including: The project manager; The systems analyst; Programmers; Technical writers; and Quality assurance analysts. 3.2 The software design should be reviewed for compliance with overall design objectives, including: A clear understanding of the user environment, requirements and system analyst specifications; Use of best practices in software design, including effective design strategies, modularity, performance, and extensibility; and Clear process flows, data integration, and data models. 3.3 Document ideas, comments, and concerns for possible investigation. Plan on spending as much time as necessary to answer any questions before turning the design over for programming. The more time spent in the early planning phases will help to create easier coding and save time later in the software programming phase. 3.4 Users may request design changes during this or any other phase of the software development life cycle; users shall submit change requests in accordance with ARCITSW108 – DESIGN CHANGES DURING DEVELOPMENT. References: A. ISO/IEC 12207:1995 – INFORMATION TECHNOLOGY-SOFTWARE LIFE-CYCLE PROCESSES B. IEEE/EIA 12207.0 – STANDARD INDUSTRY IMPLEMENTATION OF INTERNATIONAL STANDARD ISO/IEC 12207:1995 This ISO standard describes the major component processes of a complete software life cycle and the high-level relations that govern their interaction. It establishes a software life cycle architecture based on two principles, modularity of processes and responsibility for processes. There are three process classes in the ISO software life cycle: primary (such as acquisition and operations); supporting (such as documentation and configuration management); and organizational (such as infrastructure and training). Each life cycle process is ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 4 of 6 made up of activities, and each activity is further subdivided into tasks. The standard is based on ISO quality management principles. IEEE/EIA 12207 is the US implementation of ISO/IEC 12207. Like its ISO counterpart, the IEEE standard describes the major component processes of a complete software life cycle and the high-level relations that govern their interactions and it covers the life cycle of software, from conceptualization of ideas through retirement. The US standard has been released as a three-volume set: IEEE/EIA12207.0 – ISO/IEC 12207 with a U.S. introduction and 6 additional appendixes; IEEE/EIA12207.1 – Guidance on documentation content (a summary of the content of each type of document); and IEEE/EIA12207.2 – Guidebook with additions, alternatives, and implementation approaches to many of the activities and tasks of ISO/IEC 12207. For more information, visit the ISO web site at http://www.iso.org or the IEEE web site at http://www.ieee.org/. Revision History: Revision Date Description of changes Requested By 1.0 9/23/20142 Initial Release DJW ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 5 of 6 ITSW104-1 - DESIGN REVIEW CHECKLIST DESIGN REVIEW ID ITEMS TO BE CONSIDERED RESPONSE 1 Have the work products to be reviewed been identified? 2 Has the type of review been selected? Alternatives include: Informal walk through by several team members Technical review by project team members and stakeholders Inspection by project team members(and perhaps others) 3 Have the goals of the review been established? 4 Has a moderator/facilitator been selected? 5 Has a review package been developed and distributed to the participants with ample review time? The review package should include at least the following: Work product to be reviewed Related templates, guidelines, other background information Forms with which to record defects, questions, issues 6 Has the software design been reviewed for compliance with overall design objectives including: A clear understanding of the user environment, requirements and system analyst specifications. Use of “Best Practices” in software design including effective design strategies, modularity, performance and extensibility. Clear process flows, data integration and data models.? 7 Have results of the review been used to update the work product? 8 Have the goals of the review been reviewed to determine success? 9 Has the process been reviewed to identify any improvements? ARCITSW104 – SOFTWARE DESIGN & SOURCE CODE ARC Document Solutions ARCITSW104 – Software Design & Source Code page 6 of 6 Source Code All Source Code is kept on a Dedecated Server and backed up to DR Site Daily. Access to Source code is given on a permission basis only. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCSD116 –IT Virtual Private Network(VPN) Access Policy Page 1 of 2 CNTL# Revision: 1.0 Prepared by: Demetrius Wallace Effective Date: 9/23/12 Approved by: Rahul Roy Title: ARCSD116 – VIRTUAL PRIVATE NETWORK (VPN) ACCESS POLICY Policy: The purpose of this policy is to provide guidelines for remote access IPSec or L2TP Virtual Private Network (VPN) connections to the ARC network. Purpose: To define access rights to employs to remote access the ARC network. Scope: This policy is applicable to the all employees, contractors and who is using the virtual private network for remote access. Responsibilities: IT Management is responsible for reviewing and approving the virtual private network access. Definitions: IPSec Concentrator – A device in which VPN connections are terminated. Policy Approved ARC employees and authorized third parties (customers, vendors, etc.) may utilize the benefits of VPNs, which are a "user managed" service. This means that the user is responsible for selecting an Internet Service Provider (ISP), coordinating installation, installing any required software, and paying associated fees. Further details may be found in the Remote Access Policy. Additionally, It is the responsibility of employees with VPN privileges to ensure that unauthorized users are not allowed access to ARC internal networks. VPN use is to be controlled using either a one-time password authentication such as a token device or a public/private key system with a strong passphrase. When actively connected to the corporate network, VPNs will force all traffic to and from the PC over the VPN tunnel: all other traffic will be dropped. VPN gateways will be set up and managed by the IT Management. All computers connected to ARC internal networks via VPN or any other technology must use the most up-to-date anti-virus software; this includes personal computers. VPN users will be automatically disconnected from ARC’s network after thirty minutes of inactivity. The user must then logon again to reconnect to the network. ARC Computer & Network Policies, Procedures and Forms ARC Document Solutions ARCSD116 –IT Virtual Private Network(VPN) Access Policy Page 2 of 2 Pings or other artificial network processes are not to be used to keep the connection open. The VPN concentrator is limited to an absolute connection time of 24 hours. Users of computers that are not a ARC -owned equipment must configure the equipment to comply with <Company Name>'s VPN and Network policies. Only ARC IT Management-approved VPN clients may be used. By using VPN technology with personal equipment, users must understand that their machines are a de facto extension of ARC’s network, and as such are subject to the same rules and regulations that apply to ARC-owned equipment, i.e., their machines must be configured to comply with ARC’s security policies. Enforcement Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. ARCAD111 – IT Data Backup ARC Document Solutions ARCAD111 – IT Data Backup Page 1 of 5 CTL # GC-37 Revision: Prepared by: Demetrius Wallace Effective Date: Approved by: Rahul Roy Title: ARCAD111 – IT Data Backup Policy: The ARC Technology Center is responsible for maintaining all backups for ARC critical information. Purpose: The purpose of this policy is to establish methods for daily and weekly backup of Network Servers and financial systems. Scope: This procedure applies to all Company data stored by the IT Department, regardless of storage medium. Responsibilities: IT Management is responsible for developing and reviewing the Company’s data backup plan. The IT Network Manager is responsible for implementing the Company data backup plan. Definitions: Network-attached storage (NAS) – Hard disk storage set up with its own network address rather than being attached to the department computer serving applications to a network's workstation users. RAID - Redundant Array of Independent Disks is a method of storing the same data in different places (thus, redundantly) on multiple hard disks. Storage-area network (SAN) - A high-speed, special-purpose network or sub network connecting different kinds of IT storage devices with data servers on behalf of a large network of users. Storage Library – The device which contains the tape drive(s) used to record data. In computers, a storage medium is any technology (including devices and materials) used to place, keep, and retrieve data. The term “storage medium” usually refers to secondary storage, such as that on a hard disk or tape. Procedure: 1.0 IT BACKUP PLANNING 1.1 IT Management shall oversee development and implementation of an Information Backup Plan that: Ensures data availability, confidentiality, and integrity; Enables rapid and full recovery from natural or manmade disasters; Ensures Company compliance with industry standards and/or legal & regulatory requirements for data storage; and Allows efficient, cost-effective data management. ARCAD111 – IT Data Backup ARC Document Solutions ARCAD111 – IT Data Backup Page 2 of 5 1.2 To develop the ARC Backup Plan, IT Management shall: Conduct a needs analysis – determine the ARC storage capacity and requirements by conducting a historical analysis of storage use and reviewing user satisfaction surveys, in accordance with ARCAD110 – IT DEPARTMENT SATISFACTION and ARCAM102 – ARC ASSET MANAGEMENT; Research and benchmark IT industry practices and standards; and Account for pertinent legal/regulatory requirements (see References A – D). 1.3 IT Management shall design the Information Backup Plan, with the assistance of the IT Network Manager. 1.4 IT Management shall submit the Information Backup Plan to Top Management for its review and approval. 1.5 Upon approval of the Plan, IT Management shall communicate the Plan to the IT Network Manager and shall arrange for training, as needed. 2.0 IT BACKUP PLAN 2.1 Full Backup are taken weekly and Incremental Backups are taken daily. 2.2 Data backups shall be identified as mission-critical or not and shall be assigned security levels, indicating whether access shall be restricted, in accordance with ARCSD106 – IT ACCESS CONTROL. 2.3 All data backups shall be backed up according to a set schedule and type according to ARCAD111-2 – ARC BACKUP PLAN. Data shall be retained and disposed of in accordance with ARCAD102 – IT RECORDS MANAGEMENT. 2.4 Backed-up data shall be subjected to a periodic recovery test, in accordance with ARCSD104 – IT DISASTER RECOVERY. 2.5 The IT Network manager shall be responsible for implementing the Information Backup Plan, monitoring storage use, and periodically submitting a status report on backups to IT Management. The IT Network Manager shall receive vendor training in the event of new storage technologies being implemented. 3.0 IT STORAGE PLAN REVIEW 3.1 IT Management shall periodically (annually, at a minimum) meet with the IT Network Manage to review the Backup Plan and determine its continuing suitability and conformity to Company requirements and to ensure that data are retrievable and not in danger of loss due to technology changes. The IT Network Manage shall report on changes in IT industry practices, standards, and technologies that have occurred since the most recent review, for possible incorporation into the Plan. ARCAD111 – IT Data Backup ARC Document Solutions ARCAD111 – IT Data Backup Page 3 of 5 3.2 An external audit of the Company’s Backup Plan and processes should be conducted no less than once every three years. 3.3 IT Management shall review the results of such audits and reviews, incorporate them into the IT Storage Plan as needed, and communicate the changes to the IT Network Manage. 4.0 UPDATING THE IT BACKUP PLAN 4.1 The IT Network Manager shall implement required changes to the IT Backup Plan. 4.2 Within a month of such changes being implemented, IT Management shall conduct a review with the IT Network Manage to verify implementation of changes and verify that the desired results were achieved. Additional Resources: A.The Storage Networking Industry Association (SNIA) is a registered 501-C6 non- profit trade association. See http://www.snia.org/home for more information on this organization. B.American Institute of Certified Public Accountants (AICPA) Filing and Record Retention Procedures Guide. See http://www.aicpa.org for further information. References: A. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RETENTION AND ACCESS REQUIREMENTS FOR RECORDS (36 CFR 1210.53) Federal retention requirements for non-profits are specified in the Code of Federal Regulations (36 CFR 1210.53), which are published by the Office of the Federal Register, National Archives and Records Administration, and may be purchased from the U.S. Government Printing Office (GPO) in Washington, DC. B. IRS PROCEDURE 98-25 – RECORDS RETENTION The U.S. Tax Code requires that, except for farmers and wage-earners, anyone subject to income tax or any person required to file an information return with respect to income must keep such books and records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, or other matters reported. The books or records required by must be kept available at all times for inspection by authorized internal revenue officers or employees and must be retained so long as the contents thereof may become material in the administration of any internal revenue law. Note: Section 6.01 requires taxpayers to maintain and make available documentation of the business processes that (1) create the retained records, (2) modify and maintain its records, (3) satisfy the requirements of section 5.01(2) of the procedure and verify the correctness of the taxpayer's return, and (4) evidence the authenticity and integrity of the taxpayer's records. ARCAD111 – IT Data Backup ARC Document Solutions ARCAD111 – IT Data Backup Page 4 of 5 Section 6.02 sets forth four elements that the documentation required under section 6.01 must establish: (1) the flow of data through the system, (2) internal controls that ensure accurate processing, (3) internal controls that prevent unauthorized record changes, and (4) charts of account. Section 6.03 sets forth six specific types of documentation for each retained file: (1) record formats, (2) field definitions, (3) file descriptions, (4) evidence that periodic checks are undertaken to ensure that data remains accessible, (5) evidence that the records reconcile to the taxpayer's books, and (6) evidence that the records reconcile to the taxpayer's return. C. SARBANES-OXLEY ACT OF 2002 The Sarbanes-Oxley Act, enacted by the U.S. Congress in July 2002, created new standards for corporate accountability and new penalties for acts of wrongdoing. Sarbanes-Oxley, or SOX, holds corporate executive officers responsible for financial reporting, mandates internal control processes, and outlaws changing or destroying financial records. SOX also sets forth new records retention guidelines for corporations; in particular, section 802 of the Act pertains to criminal penalties for alteration or destruction of documents. D. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Regarding the subject of records storage, the Health Insurance Portability and Accountability Act (HIPAA), enacted by the U.S. Congress in 1996, does not specify storage requirements. The Act is, however, designed to allow patients access to their information, however or wherever it is stored. E. ISO STANDARD 17799:2005 – INFORMATION TECHNOLOGY-CODE OF PRACTICE FOR INFORMATION SECURITY MANAGEMENT, CLAUSE 12.1.3 (SAFEGUARDING OF ORGANIZATIONAL RECORDS) The main thrust of this international Standard is information security. Section 12 of the Standard deals with compliance issues. Section 12.1.3, “Safeguarding of Organizational Records,” deals with storage media and records retention. ARCAD111 – IT Data Backup ARC Document Solutions ARCAD111 – IT Data Backup Page 5 of 5 Revision History: Revision Date Description of changes Requested By 1.0 9/23/20142 Initial Release DJW ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 1 of 8 CTRL # AD108 Revision: 2.0 Prepared by: Demetrius Wallace Effective Date: 10/1/12 Approved by: Rahul Roy Title: ARCAD108 – E-MAIL POLICY Policy: The use of electronic mail (or e-mail) shall be used to support ARC’s business needs. Purpose: To delineate specific standards regarding the use of e-mail within the ARC e-mail (e-arc.com domain). Scope: This policy applies to all ARC personnel and computer systems. Responsibilities: All ARC employees are responsible for knowing, understanding, and adhering to the ARC e-mail policy. The Human Resources Manager is responsible for communicating the e- mail policy to all new ARC employees and retaining employee policy acknowledgements. Department Managers are responsible for communicating revisions to the e-mail policy to employees in their respective departments. Compliance Officer is responsible for developing e-mail policy and reviewing the policy (and any changes) with the Compliance Officer. The Compliance Officer is responsible for monitoring e-mail use and enforcing the ARC e-mail policy. Definitions: CTO – ARC’s Chief Technology Officer Compliance Officer. – Responsible for the creation and revisions of applicable policies Procedure: 1.0 E-MAIL POLICY DEVELOPMENT 1.1 The Compliance Officer shall develop the ARC e-mail policy, which may be based on common business standards and practices and on legal/regulatory requirements (see Reference B). 1.2 The Compliance Officer shall present the policy to the CTO for review. 1.3 The Compliance Officer shall review the e-mail policy, revise as needed, and signify its approval. ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 2 of 8 2.0 E-MAIL POLICY IMPLEMENTATION 2.1 Upon approval of the e-mail policy by the CTO, the Compliance Officer shall communicate the policy to all department managers. Department managers shall, in turn, communicate the policy to all employees in their departments. The Human Resources Manager shall be responsible for communicating the ARC e-mail policy to all new employees. All employees shall receive a copy of ARCAD108-1 – ARC E-MAIL POLICY ACKNOWLEDGEMENT. Upon reviewing the document, each employee shall sign and date their copy of the acknowledgement and return it to Human Resources. Employees should keep a copy of this document for themselves. 2.2 E-mail records shall be managed in accordance with ARCAD102 – IT RECORDS MANAGEMENT. 2.3 The Compliance Officer shall be responsible for monitoring ARC e-mail and enforcing the e-mail policy. 3.0 E-MAIL POLICY REVIEW 3.1 At regular intervals (annually, at a minimum), Compliance Officer shall review the ARC e-mail policy, to see if it continues to meet ARC requirements. 3.2 If the e-mail policy does not conform to ARC requirements, the Compliance Officer shall convene the CTO for the purpose of implementing improvements to the policy. 4.0 E-MAIL POLICY CHANGES 4.1 The Compliance Officer shall periodically review the ARC e-mail policy, to verify that it continues to meet ARC requirements. 4.2 Where the policy does not meet requirements, the Compliance Officer shall revise the policy as needed and communicate the revised policy to all employees. 4.3 Within one month of such changes to the e-mail policy, the Compliance Officer shall verify that they are being implemented and that they are having the intended effect. Additional Resources: A. ARCAD103 – IT DOCUMENT MANAGEMENT. ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 3 of 8 References: A. ISO 9001:2000 STANDARD – QUALITY MANAGEMENT SYSTEMS- REQUIREMENTS, CLAUSE 4.2.4 (CONTROL OF RECORDS) Clause 4.2.4 of this Standard states that “(r)ecords shall be established and maintained to provide evidence of conformity to requirements and of the effective operation of the quality management system. Records shall remain legible, readily identifiable, and retrievable. A documented procedure shall be established to define the controls needed for the identification, storage, protection, retrieval, retention time, and disposition of records.” B. SARBANES-OXLEY ACT OF 2002 The Sarbanes-Oxley Act (“SOX”) passed by the U.S. Congress in 2002 is designed to prevent manipulation, loss, and/or destruction of publicly-held companies’ records. According to a number of high-profile SOX-related cases, e- mail is a company record and is subject to inspection and retention guidelines like any other Company document. Therefore, an organization has to have – and follow – an e-mail policy to be in compliance with SOX. Revision History: Revision Date Description of changes Requested By 1.0 12//7/2006 Initial Release DJW 1.1 3/18/2008 Employee changes Goutam Dastider 2.0 8/21/12 Naming convention change from MPT to ARC Goutam Dastider ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 4 of 8 [This page intentionally left blank.] ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 5 of 8 ARCAD108-1 – ARC E-MAIL POLICY ACKNOWLEDGEMENT Revision # 1.1 Date March 19th, 2010 1.0 E-MAIL AND ARC All portions of the ARC information infrastructure, including the information being transported by this infrastructure, is the property of ARC. This includes all e-mail transmitted or received through the ARC information infrastructure. Since e-mail is the property of ARC, all e-mail accounts and the e-mail stored by these accounts are subject to inspection at any time. E-mail is a powerful tool that can greatly enhance communication. The use of e-mail within the following guidelines by ARC employees is encouraged. 2.0 GENERAL GUIDELINES Employees shall follow the following general guidelines concerning the use of this ARC resource: E-mail is not private. Messages transmitted through the ARC e-mail system or network infrastructure are the property of ARC and are, therefore, subject to inspection at any time. Use of the ARC e-mail system automatically imply consent to search. Employees shall be required to retain e-mails related to essential, or mission- critical, projects. E-mails that do not pertain to mission-critical projects or issues should be deleted when they are no longer needed. Because attachments to e-mails are a common method of attacking computers and systems and because attachments occasionally use a lot of bandwidth, sending a file as an e-mail attachment or opening an e-mail attachment is strongly discouraged. Use of ARC e-mail or messaging services should be used for the conduct of ARC business only. ARC e-mail can be used for private, recreational, or other non-ARC-related activity. ARC e-mail shall not be used for commercial or partisan political purposes. ARC employees shall ensure all communication through ARC e-mail or messaging services is conducted in a professional manner. The use of vulgar, obscene, lewd, or suggestive language is prohibited. ARC users shall not reveal private or personal information by e-mail without specific approval from Human Resources. Users should ensure that e-mail messages are sent to only those users with a specific need to know. The transmission of e-mail to large groups should be avoided. ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 6 of 8 ARC e-mail shall not be used for any illegal or unlawful purposes. Examples of this are transmission of violent, threatening, defrauding, pornographic, obscene, or otherwise illegal or unlawful material. ARC e-mail services shall not be used to harass, intimidate, or otherwise annoy another person. ARC shall not be held liable for damages related to inappropriate use of e- mail by ARC employees or their families. ARC e-mail account password duration shall be 90 days. At the end of 90 days each user shall be proARCed to change his or her password. FAILURE TO FOLLOW ANY PART OF THIS POLICY WILL RESULT IN DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION. 3.0 E-ARC.COM EMAIL ACCEPTABLE USE POLICY, TERMS AND CONDITIONS Microsoft Online Services Acceptable Use Policy- (Note: Taken from Microsoft online website) Last updated: August 2009 This Acceptable Use Policy (formerly known as Code of Conduct) identifies activities that you are prohibited from engaging in when using Microsoft Online Services ("Services" or in the case of an individual service, "Service"), which includes any Service that links to this Acceptable Use Policy. Please report violations of this Acceptable Use Policy to Microsoft Online Services Customer Support. Include the words "Acceptable Use Policy" in the subject. When using Microsoft Online Services, you may not: Use the Services in a way that is against applicable law. Including: Illegal activity such as child pornography; gambling; piracy; violating copyright, trademark or other intellectual property laws. Accessing or authorizing anyone to access the service from an embargoed country. Threatening, stalking, defaming, defrauding, degrading, victimizing orintimidating anyone for any reason. Invading anyone's privacy by atteARCing to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent. Use the Services in a way that could harm them or impair anyone else’s useof them. Including: Any atteARC to gain unauthorized access to a Service, acting to denyothers access to a Service, or authorizing any third party to access or use the Services on your behalf (such as anyone without a license or revealing to anyone your username and password). Use the Services to try to gain unauthorized access to any other service, data, account or network by any means. Use any automated process or service to access or use the Servicessuch as a BOT, a spider or periodic caching of information stored byMicrosoft. ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 7 of 8 Intending to harm or exploit minors in any way, or collectingpersonally identifiable information of any minor. Falsify any email header information or in any way misrepresent youridentity. Including misrepresenting the source of anything you post or upload or impersonating another individual or entity, such as with "spoofing". Use the Services to transmit, distribute, or deliver any unsolicited bulk or unsolicited commercial e-mail (i.e., spam). Except with regard to spam that you are directing to a Microsoft-provided e-mail spam filter. Remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Services. Including providing or creating links to external sites that violate this Acceptable Use Policy or other legal agreements Microsoft provides.As well as any use of the Services to distribute any offering or link designed to violate these terms (e.g., enable sending of spam, enable denial of service attacks, etc.) Additionally: Microsoft is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment. You are responsible for protecting your computer against interference,spyware or viruses that may be encountered for downloaded items from theservice. We recommend you install a virus protection program on your computer and keep it up to date. Information you provide or upload to the Services may be stored outside of the country in which you reside.Your use of any Microsoft Online Services administered through this site is governed by the terms and conditions of the agreement(s) under which you purchased the services. You can obtain a copy of your agreement(s) by contacting Microsoft Online Services Support. If Microsoft believes that unauthorized or improper use is being made of the Microsoft Online Services, it may, without notice and at its sole discretion, take such action as it deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Violation of this policy can lead to termination of a customer’s account. Microsoft reserves the right to amend or change the Acceptable Use Policy of any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance. Nothing in this policy is intended to grant any rights in the Microsoft Online Services. Failure to enforce this policy in every instance does not amount to a waiver of Microsoft’s rights 4.0 EMPLOYEE ACKNOWLEDGEMENT I have reviewed the ARC e-mail policy. By signing and dating this form, I attest to my understanding and acceptance of this policy. I understand that if I am ARC Computer & Network Policies, Procedures, and Forms American Reprographic Company ARCAD108 – E-Mail Policy Page 8 of 8 found in violation of this policy, I may be subject to ARC disciplinary action, up to and including termination, as well as civil and/or criminal prosecution. Signature: Date: Print name: ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 1 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies ARCSD104 – IT Disaster Recovery ARC Document Solutions Technology Center ARC Document Solutions Fremont CA. Information Technology Disaster & Recovery Procedures ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 2 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Table of Contents IT Disaster Recovery Plan………………………………………………page 3 Attachment 1 Production Disaster Recovery Procedures………..page 10 Attachment 2 Diagram & Emergency Staging Areas………………page 66 Attachment 3 Emergency Services & Agencies List………………page 68 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 3 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies ARCSD104-1 – IT DISASTER RECOVERY PLAN Department: Information Technology Address: 45535Fremont Blvd City: Fremont State: CA. ZIP: 94538 Phone: 510 403 2400 FAX: 510 403 2499 Department Leader: Rahul Roy Title: Chief Technology Officer Assistant Department Leader: Goutam Dastider Title: Director of Information Technology 1.0 Maintaining contact with members of the Company's Disaster Recovery Team during a disaster is critical to a successful Department recovery effort. Usual business phone numbers are listed below; these numbers should be used for all primary contact with Team members. Disaster Recovery Coordinator: Primary Name: Goutam Dastider Office Phone: 510 403.2404 Emergency Phone: 408 528 9176 Cellular Phone: 510 377 5444 Secondary Name: Demetrius Wallace Office Phone: 510 403.2422 Emergency Phone: 925 240 4665 Cellular Phone: 510 377 5449 Facilities / Equipment / Supplies / Transportation / Telecommunications: Name: Parag Kothari Phone: 510 403 2411 Emergency Phone: 510 894 0350 Cellular Phone: 510 299 0352 Other Department Leaders: Name: Ashish Singh Phone: 510 403 2409 Emergency Phone: 510 354 6175 Cellular Phone: 510 377 5438 Name: Chaitanya Garlapati Phone: 510 403 2452 Emergency Phone: 510 744 1819 Cellular Phone: 510 453 7673 Name: Eric Abirillo Phone: 510 403 2423 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 4 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Emergency Phone: 510 494 9488 Cellular Phone: 510 377 2341 Name: Krishna Kumar Phone: 510 403 2416 Emergency Phone: __________________________ Cellular Phone: 510 453 7577 2.0 In the event that normal phone lines are not functional, alternate communications may be available by public phones. The public phones most readily accessible by Department personnel are: Public Phone #1 (area code & number): N/A Location: N/A Public Phone #2: N/A Location: N/A Public Phone #3: N/A Location: N/A 3.0 The company has not established a hotline phone number for emergency use by all employees. Use of this special number is restricted to disaster recovery efforts and emergency notifications only, and is not to be used for any other purpose. Disaster Recovery Hotline number (for employees only): 1 800 367 1091 Security Alarm Company number: 1 800 367 1091 4.0 The Department Leader or designate is to immediately take the following actions if a disaster occurs: 1. Assess any injury or damage to employees, clients, contractors, and facilities. 2. Temporarily close and secure the facility, if necessary. 3. Contact appropriate emergency services, if necessary. 4. Begin documenting the effects of the disaster and actions taken; secure all assets and records. 5. First attempt to contact the company's Disaster Recovery Team Coordinators or Chairpersons with a damage assessment and actions taken report, and act upon instructions received. 6. If all documented attempt to communicate with Coordinators and Chairpersons have failed, the Department Leader or designate is authorized to initiate reasonable and prudent responses necessary to minimize potential: Injuries to employees, contractors, and clients; Damage to facilities; and Loss of assets and records. 5.0 The critical functions of the IT Department, to be serviced before the performance of any other task, are: Administrative operations; Computer operations; ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 5 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Network management; Technical Support; Control (custody) of mission-critical Company records; and Security (physical and I.T.). 6.0 The accessory, or secondary, functions of the Application & Database Departments are to be performed only after all critical functions have been addressed. Accessory functions of the Application & Database Departments include: IT project planning; Project management; System analysis and design; Software development; Software testing; Software documentation; Software release; Software support; and Software training. 7.0 Description of Department Leader's duties and responsibilities during a disaster: 1. Ultimately responsible for overall Department operations, including all personnel, clients, facilities, and IT assets. 2. Department Security Officer, Department Compliance Officer and Department Disaster Recovery Team Coordinator; interior and exterior Department physical security and appearance. 3. Ensure adequate supervision for all personnel and functions while absent from the company or unavailable for contact; operational quality control. 4. Respond to and comply with all regulations, policies and procedures regarding Department operations; prepare reports as required. 5. Client (user) service and relations; resolving client complaints; approve unusual or unique transaction when no other person has immediate authority to do so; provide information to Company supervisor for media relations and all requests for interviews from the press, radio and television. 6. Provide appropriate members of the Disaster Recovery Team with accurate and timely information updates regarding the Department's recovery efforts. 7. Other duties and responsibilities, as required. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 6 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 8.0 Description of Assistant Department Leader's duties and responsibilities: 1. Perform all duties and responsibilities of the Department Leader in his/her absence or because of his/her unavailability. 2. Ensure dual custody requirements are maintained for all functions; maintain key, employee information log for dual custody assignments; enforce employee and functional security procedures, Department opening and closing procedures. 3. Manage day-to-day operational functions and directly supervise all staff personnel. 4. Other duties and responsibilities, as required. 9.0 If a disaster occurs during working hours, the staff will evacuate the facility and assemble at: BACKUP DATA CENTER (name): Mirrorplus Technologies Location: 45719 Northport Loop West (Parking Lot) PRIMARY DATA CENTER (name): Mirrorplus Technologies Location: 47354 Fremont Blvd (Parking Lot) A diagram of the facility and designated emergency staging areas is located at the end of this section (Attachment 2 page 66). 10.0 If a Data Center is unable to function in its normal location, all operations will immediately shift to these alternate sites: BACKUP DATA CETER: Operation will move to Primary Data Center Location: ARC Document Solutions Sacramento Address: 801 Broadway City: Sacramento State: CA ZIP: 95818 Phone: 916.825.8747 Contact Brian Davis PRIMARY DATA CENTER: Operations will move to Backup Data Center Location: ARC Document Solutions Address: 45535 Northport Loop East City: Fremont State: CA ZIP: 94538 Phone: 510 403 2400 FAX: 510 403 2499 11.0 Recovery shall proceed according to the following timeline: Within two hours of an IT disaster, The Director of IT shall: Assess the damage; ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 7 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Ensure that Top Management and IT Management have been notified; Determine if on-site recovery is feasible or if remote sites shall be utilized; Notify all Directors and Managers of the problem; and Ensure that Company employees have been notified. Within four hours, the Director of IT shall: Notify offsite data storage facilities; Notify IT Managers at the primary and secondary recovery sites; Confer with all company managers and directors to review the situation and assign and schedule recovery tasks; and Contact the Company’s IT equipment supplier, if replacement equipment is needed. Within eight hours, the Director of IT shall: Provide an updated assessment of the situation to Top Management, including a recovery schedule estimate; Alert software vendors to interim operations requirements; Ensure that recovery tasks are underway; and Establish a base of interim operations, if necessary. Within twenty-four hours, the Director of IT shall: If replacement equipment is unavailable, begin alternate production schedules from a remote base of operations; and Ensure that the Company’s communications capabilities have been tested and verified. Within forty-eight hours, the Director of IT shall: Provide an updated assessment of the situation to Top Management, Notify Company departments of interim production schedules; and Reestablish a full production schedule, following the priorities set forth by the IT Disaster Recovery Plan. On delivery of any replacement equipment, the Network Team shall: Notify the Director of IT; Install and test software on the replacement equipment; Restore data on replacement equipment; Monitor restored operations; and Resume a full production schedule. Within five working days, the Director of IT shall: Provide an updated assessment of the situation to Top Management; Notify Company employees of resumption of normal production schedules; and Resume normal operations. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 8 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 12.0 If the Data Center is still operable, this checklist describes the functions or sections upon which you will concentrate recovery efforts, and in what order. Before opening the Data Center: a. Assess safety considerations for employees and customers. b. Coordinate with emergency services agencies, if necessary. c. Conduct a damage assessment of the building and determine levels of operation and full restoration time for electricity, telephones, water, and computers. d. Ensure all areas of responsibility are staffed. e. Ensure adequate equipment and supplies are available. f. Arrange for the safe relocation of all records and equipment, if necessary. 13.0 If it is safe to open the Data Center, reestablish: Employee, customer, facility, assets, and records security; Contact with Top Management; Corporate files and financial records; Personnel and fixed asset records; Accounting records; Other Company records. 14.0 The Department requires these logistical factors to be available to perform critical functions: Square feet: 3000 Maximum number of personnel (employees and contractors): all Maximum number of customers: 0 Special relocation needs in the event the facility is unable to support Department operations are: 15.0 A listing of all emergency services, personnel, and equipment available to this Department is located at the end of this procedure (Attachment 3 page 87). Additional guidelines to assist disaster recovery efforts for this Department are: Written operations procedures: Document ARCSD104 -1 IT - Disaster & Recovery Procedures Location stored: Both Primary and Backup Data Centers Container description: Disaster Recovery Procedures 16.0 All service agreements and vendor information are available by contacting: ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 9 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Primary or Secondary Disaster Recovery Coordinators 17.0 Additional office supplies, emergency equipment and survival supplies to assist disaster recovery efforts for this Department are: Emergency medical supplies available: Primary and Backup Data Centers ___________________________________________________________ Location stored: Break Room Areas ___________________________________________________________ Container description: ___________________________________________________________ ___________________________________________________________ An appropriate supply of the following forms is to be maintained: ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 10 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Attachment 1 Production Disaster & Recovery Procedures The following is a detailed list of steps involved in bringing the Backup Data Center online in the event of a complete Primary Data Center failure. The primary method for recovery of production data is through tape restoration. The timeline to bring the Backup Data Center online is estimated at 6 to 7 days with our current configuration. The list below specifies all areas of recovery with a complete step by step process provide thereafter. AREA OF RECOVERY 1.Hardware Procurement page 11 Tape Drives Hard Drives Servers 2.Server Hardware & Software Builds page 11 3.Network Configuration Changes page 13-19 4.SAN MA8000 Re-Configuration page 20-21 Data Restoration & Testing National Vault FTP Data Bidcaster User Work Area Data SubHub Download Data 5.Applications A.PLANWELL page 22-47 i.Customer ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 11 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies ii.Employee iii.Console B.SUBHUB page 47-52 C.DATA BASES page 53-54 i.Planwell ii.SubHub D.PREVIEW FAX CONVERSION page 55-57 6.EMAIL page 58-60 7.METAPRINT page 61-62 8.ABACUS page 63-64 1.Hardware Procurement The following is a list of additional hardware that would need to be procured to implement a full Disaster Recovery procedure. 1.5 HP Proliant Servers Model DL380 2.2 Dell LTO3 Tape Drives 3. 50 146 GB Disk for the MA8000 SAN 2.Server Hardware & Software Builds The following is a list of servers in our (PS) Production Site and (BS) Backup Site that have been identified to bring production back online in the event of a disaster that would shutdown our primary data center production. The server in the Backup Site would be re-imaged with the appropriate operating systems and network connectivity. Once systems have been imaged with all updates applied we would then turn the servers over to our database and application departments. The timeline for re-imaging all servers is 2 days. PS Server by Name BS Server by Name Application/Purpose PSAMCCUSTWS DC5 order.e-arc.com PSAMCEMPWS DC1CUSTWS1 amc employee web server PSLICCUSTWS DC1EMPWS1 Licensing cust web server ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 12 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PSLICEMPWS DC1OVWS1 Licensing emp web server PSRPLWS DC1LICEMPWS1 Replicator Web Server PSDBWS DC1LICCUSTWS1 db web server PSREPORTWS DC1CRWS1 Reports Web server PSPWINTEGRATION ReplicatorWs2 Planwell Integration PSOVWS DC1QEWS1 Oneview PSFSFTP DRSTAGDB1 FailSafe PSQEWO PWINTEGRATION1 Qewo PSENTFTP BSA01C2FTP1 ent ftp PSENTDB BSA28C3WELL1 Ent DB PSPINDB BSA35C3PIN1 Pin SQL DB PSDC1 BSAARCDBC Primary Domain Controller PSDC2 BSA01C10DC1 Backup Domain Controller PSREMOTEMASTER ReplicatorWs1 Remote Master PSBCUWA BSA08C2FTP2 BCUWA PSREPORTDB REPORTDB1 REPORRDB (CRDB1) PSSHWS ****BUY NEW SERVER*** PSPINADMWS BSA31C8TSCL1 Pinadmin Web Server PSSHUPL ****BUY NEW SERVER*** PSSHUNZIP ****BUY NEW SERVER*** PSSHDWL BSA33C8TSCL2 SubHub Download PSDEJAVU DC1LICUSTWS2 Dejavu application server PSCPC DC1CUSTWS2 Convert tiff to CPC files PSOCR Storageman Fax to text files PSNOTIFICATION AMCloc02 notification server PSSERACHINDEX Rahulhome3 Search Index PSEMAILPROC EPAVILLION Email processor PSFAXPROC ****BUY NEW SERVER*** PSPICKUPPROC ****BUY NEW SERVER*** PSCRMWS DC1DBWS2 CRM Web server PSCRMDB DC1STANDBYSQL CRM DB server PSBACKUP BSA08C2FTP2 BCUWA/Backup Server ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 13 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 3.Network Configuration Changes DNS CHANGES Here are all the domains and associate records that we have with AT&T These are the entries that need to be updated with new IP addresses ( 208.36.2.xx) DNS Changes can be done by log on to AT&T website. The following is the link to log to make DNS configurations. http://www.businessdirect.att.com Login: ARCadmin Password:xxxxxxxxxx e-arc.com. @ IN A 216.241.82.60 abacus IN A 216.241.82.89 intranet IN A 216.241.82.81 intranet2 IN A 216.241.82.82 mail IN A 216.241.82.72 mailshield IN A 216.241.82.70 member IN A 216.241.82.51 metaprint IN A 216.241.82.88 oneview IN A 216.241.82.58 order IN A 216.241.82.50 pwintegration IN A 216.241.82.76 staging1 IN A 208.36.2.14 staging2 IN A 208.36.2.13 www IN A 216.241.82.60 @ IN MX 10 mailshield.e-arc.com. @ IN MX 20 mail.e-arc.com. ir IN CNAME phx.corporate-ir.net. planwell.com. @ IN A 216.241.82.91 abacus IN A 216.241.82.87 dbserver IN A 216.241.82.57 education IN A 72.10.44.174 fsftp IN A 216.241.82.65 mail IN A 216.241.82.74 mailshield IN A 216.241.82.67 member IN A 216.241.82.53 metaprint IN A 216.241.82.86 order IN A 216.241.82.52 qewo IN A 216.241.82.66 staging1 IN A 216.241.82.77 staging2 IN A 216.241.82.90 stagingdb IN A 216.168.82.80 www IN A 216.241.82.91 @ IN MX 10 mailshield.planwell.com. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 14 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies @ IN MX 20 mail.planwell.com. training IN CNAME education.planwell.com. =========================================================== sub-hub.com. @ IN A 216.241.82.54 dbserver IN A 216.241.82.57 download IN A 216.241.82.75 info IN A 216.241.82.104 mail IN A 216.241.82.79 mailshield IN A 216.241.82.100 publish IN A 216.241.82.56 staging1 IN A 216.241.82.77 www IN A 216.241.82.54 @ IN MX 10 mailshield.sub-hub.com. @ IN MX 20 mail.sub-hub.com. ================================================================== pwinet.com. @ IN A 216.241.82.55 admin IN A 216.241.82.55 ================================================================== mirrorplus.com. @ IN A 216.241.82.61 crm IN A 216.241.82.59 ftp IN A 208.36.2.15 mail IN A 216.241.82.71 mailshield IN A 216.241.82.69 support IN A 216.241.80.31 www IN A 216.241.82.61 @ IN MX 10 mailshield.mirrorplus.com. @ IN MX 20 mail.mirrorplus.com. Bidcaster.net @. A 216.241.80.11 smtp. A 216.241.80.13 www. A 216.241.80.11 ftp. A 216.241.80.11 @. MX 20 mail.bidcaster.net. b) Cisco PIX Firewall (PIX520) at backup Datacenter have to reconfigure with new IP addresses and have to open specific ports according to Primary Datacenter PIX config. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 15 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies access-list acl_outside line 1 permit tcp any host 216.241.82.50 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.50 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.51 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.51 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.52 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.52 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.53 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.53 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.54 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.54 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.55 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.55 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.57 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.57 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.58 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.58 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.75 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.75 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.77 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.77 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.78 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.78 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.76 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.76 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.60 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.60 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.81 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.81 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.82 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.82 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.90 eq https ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 16 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies access-list acl_outside line 1 permit tcp any host 216.241.82.90 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.94 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.94 eq www access-list acl_outside line 1 permit tcp any host 216.241.82.95 eq https access-list acl_outside line 1 permit tcp any host 216.241.82.95 eq www access-list acl_outside line 2 permit tcp any object-group HTTP-SERVERS object-group HTTP- SERVICES access-list acl_outside line 2 permit tcp any host 216.241.82.59 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.61 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.62 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.64 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.85 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.95 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.91 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.92 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.93 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.94 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.78 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.75 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.101 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.103 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.104 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.86 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.87 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.88 eq www access-list acl_outside line 2 permit tcp any host 216.241.82.89 eq www access-list acl_outside line 3 permit tcp any object-group FTP-SERVERS object-group FTP- SERVICES access-list acl_outside line 3 permit tcp any host 216.241.82.56 eq ftp access-list acl_outside line 3 permit tcp any host 216.241.82.56 eq www access-list acl_outside line 3 permit tcp any host 216.241.82.56 eq https access-list acl_outside line 3 permit tcp any host 216.241.82.51 eq ftp ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 17 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies access-list acl_outside line 3 permit tcp any host 216.241.82.51 eq www access-list acl_outside line 3 permit tcp any host 216.241.82.51 eq https access-list acl_outside line 3 permit tcp any host 216.241.82.53 eq ftp access-list acl_outside line 3 permit tcp any host 216.241.82.53 eq www access-list acl_outside line 3 permit tcp any host 216.241.82.53 eq https access-list acl_outside line 3 permit tcp any host 216.241.82.61 eq ftp access-list acl_outside line 3 permit tcp any host 216.241.82.61 eq www access-list acl_outside line 3 permit tcp any host 216.241.82.61 eq https access-list acl_outside line 4 permit tcp any object-group SMTP-SERVERS object-group SMTP1- SERVICES access-list acl_outside line 4 permit tcp any host 216.241.82.67 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.69 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.70 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.82 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.60 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.81 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.91 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.92 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.93 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.94 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.95 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.79 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.100 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.103 eq smtp access-list acl_outside line 4 permit tcp any host 216.241.82.104 eq smtp access-list acl_outside line 5 permit tcp any object-group EXC1-SERVERS object-group SMTP3- SERVICES access-list acl_outside line 5 permit tcp any host 216.241.82.71 eq smtp access-list acl_outside line 5 permit tcp any host 216.241.82.71 eq imap4 access-list acl_outside line 5 permit tcp any host 216.241.82.71 eq 8791 access-list acl_outside line 5 permit tcp any host 216.241.82.71 eq https access-list acl_outside line 5 permit tcp any host 216.241.82.71 eq www ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 18 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies access-list acl_outside line 6 permit tcp any object-group EXC-IMAIL-SERVERS object-group SMTP2-SERVICES access-list acl_outside line 6 permit tcp any host 216.241.82.72 eq smtp access-list acl_outside line 6 permit tcp any host 216.241.82.72 eq pop3 access-list acl_outside line 6 permit tcp any host 216.241.82.72 eq 8383 access-list acl_outside line 6 permit tcp any host 216.241.82.74 eq smtp access-list acl_outside line 6 permit tcp any host 216.241.82.74 eq pop3 access-list acl_outside line 6 permit tcp any host 216.241.82.74 eq 8383 access-list acl_outside line 6 permit tcp any host 216.241.82.79 eq smtp access-list acl_outside line 6 permit tcp any host 216.241.82.79 eq pop3 access-list acl_outside line 6 permit tcp any host 216.241.82.79 eq 8383 access-list acl_outside line 7 permit udp any any object-group VPN-SERVICES access-list acl_outside line 7 permit udp any any eq isakmp access-list acl_outside line 8 permit object-group VPN-IPSEC-SERVICE any any access-list acl_outside line 8 permit esp any any access-list acl_outside line 9 permit icmp any any object-group PING-SERVICES access-list acl_outside line 9 permit icmp any any echo-reply access-list acl_outside line 9 permit icmp any any unreachable access-list acl_outside line 9 permit icmp any any time-exceeded access-list acl_outside line 10 permit tcp any object-group F5-MGMT-PUB object-group F5- ADMIN-SERVICES access-list acl_outside line 10 permit tcp any host 216.241.82.98 eq https access-list acl_outside line 10 permit tcp any host 216.241.82.99 eq https access-list acl_outside line 11 permit tcp any object-group FTP-SERVERS-B object-group FTP- SERVICES-B access-list acl_outside line 11 permit tcp any host 216.241.82.65 eq ftp access-list acl_outside line 11 permit tcp any host 216.241.82.65 eq ftp-data access-list acl_outside line 11 permit tcp any host 216.241.82.66 eq ftp access-list acl_outside line 11 permit tcp any host 216.241.82.66 eq ftp-data access-list acl_outside line 12 permit tcp any object-group WEB-SERVERS object-group WEB- SERVICES access-list acl_outside line 12 permit tcp any host 216.241.82.77 eq ftp ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 19 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies access-list acl_outside line 12 permit tcp any host 216.241.82.77 eq www access-list acl_outside line 13 permit tcp any object-group SSH-SERVERS object-group SSH- SERVICES access-list acl_outside line 13 permit tcp any host 216.241.82.81 eq ssh access-list acl_outside line 13 permit tcp any host 216.241.82.81 eq 3306 access-list acl_outside line 13 permit tcp any host 216.241.82.82 eq ssh access-list acl_outside line 13 permit tcp any host 216.241.82.82 eq 3306 access-list acl_outside line 13 permit tcp any host 216.241.82.98 eq ssh access-list acl_outside line 13 permit tcp any host 216.241.82.98 eq 3306 access-list acl_outside line 13 permit tcp any host 216.241.82.99 eq ssh access-list acl_outside line 13 permit tcp any host 216.241.82.99 eq 3306 access-list acl_outside line 14 permit tcp any object-group STAGDB-SERVER object-group STAGDB-SERVICES access-list acl_outside line 14 permit tcp any host 216.241.82.80 eq www access-list acl_outside line 14 permit tcp any host 216.241.82.80 eq ftp access-list acl_outside line 15 permit tcp any object-group UPLOADFTP-SERVERS object-group FTPS-SFTP-SERVICES access-list acl_outside line 15 permit tcp any host 216.241.82.56 eq 1024 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 20 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 4. SAN MA8000 Re-Configuration, Restoration & Testing Existing Configuration The follo win g is a list of rec ove ry disk capacity: Note: all configurations will be done through command line input After reconfiguration of the SAN the following data would need to be restored. 1. NATIONAL VAULTS FTP DATA 2. BIDCASTER USER WORK AREA 3. SUBHUB DOWNLOAD DATA Following the restoration of data to the MA8000 Storage Area Network (SAN) the data will be validated and servers given to application owner for final configuration, testing and presenting servers online. 9GB DRIVES 18GB DRIVES 36GB DRIVES 72GB DRIVES 146GB DRIVES TOTAL # DISK SHELF6 2 1 2 5 4 SHELF5 0 3 2 5 4 SHELF4 1 1 2 4 4 SHELF3 0 3 2 4 4 SHELF2 1 2 2 4 3 SHELF1 0 2 2 4 4 TOTAL 4 12 12 26 23 77 X9 X18 X36 X72 X146 TOTAL DISK CAPACITY 36GB 216GB 422GB 1.872TB 3.358TB 5.904TB 72GB DRIVES 146GB DRIVES TOTAL # DISK SHELF6 2 12 SHELF5 2 12 SHELF4 2 12 SHELF3 2 12 SHELF2 2 12 SHELF1 1 13 TOTAL 11 73 84 X72 X146 TOTAL DISK CAPACITY 792 GB 10.658 TB 11.450 TB Raw not logical capacity ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 21 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Backup Tape Recovery Procedures Tape Title: Full Backup Tapes - Policy (up to 5 weeks recovery) Off-Site Location Brownie's Digital Imaging 1322 V Street Sacramento CA 95818 916-443-1322 Tim Murphy - President Emergency Contact - Brian L Davis IT Manager Brownie's Digital 916-496-2343 mobile cell phone is on 24/7/365. Tape Title: Incremental Backup Tapes - Policy (up to 4 weeks recovery) Off-Site Location Inprint 1161 North Fairoaks Ave Sunnyvale CA. 94089 408-239-9583 Hussein Cell# 408 239 9583 Emergency Contact - Goutam Dastider/ Demetrius Wallace IT Director/ Sr. Network Manager Cell# 510 377 5444/ 510 377 5449 We have a key and alarm code to enter this facility 24/7 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 22 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 5A. Applications 5A.PLANWELL PLANWELL, EWO & BIDCASTER This section can be commonly used to install the customer and employee web site web servers for PlanWell, EWO and BidCaster applications for the ARC member companies as well as the Licensing companies. System Requirements This section describes about the System requirements for the application. One server each for AMC Customer web site, LIC Customer web site, AMC Employee admin web site, LIC Employee admin web site will be required to be set up as per the minimum configuration settings given below: Application No of servers AMC Customer web site : 1 server LIC Customer web site : 1 server AMC Employee admin web site : 1 server LIC Employee admin web site : 1 server Minimum server configuration: Windows 2003 Standard Edition, Xeon CPU 3 GHz, 3.5 GB RAM Software Description Notes .NET Framework 1.1 Download the latest from Microsoft.com FWKFTPLIB.dll Viewing Files Need to register. Before registering it , the following dlls need to be copied into WINDOWS\System32 MSVCRTD.DLL MFC42D.DLL MFCO42D.DLL LeadTools Viewing Files LeadTools CD MS Xml 3.0 XML usage Get from Build machine path Application Installation Procedure Web Sites Website set up for AMC/LIC Customer/Employee web site on separate servers: PRE-INSTALLATION STEPS This section describe about the steps required for Pre-Installation AMC CUSTOMER WEB SERVER AND LIC CUSTOMER WEB SERVER Create folders and copy required files as given below: C:\ECOM\All_Dlls C:\ECOM\arc_Customer C:\ECOM\PlanWell5 C:\ECOM\Temp-XML\OrderArchives C:\FailSafeOrders C:\TempFiles ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 23 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies All the above folders and files can be completely copied from the Build machine at the following location: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-CustomerWeb Copy the initialization file arc.ini as given below in respective servers: AMC Customer: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-CustomerWeb\ MachineSpecificFiles\AMC-Customer LIC Customer: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-CustomerWeb\ MachineSpecificFiles\LIC-Customer The above share path always contains the latest files for all the folders defined above. In case the Build server is down for any reason, the same files can be picked up directly from the Source Safe VSS, at the following path: $/ARC-PINEnterprise/ProductionSetUp/MainHardDrive AMC EMPLOYEE WEB SERVER AND LIC EMPLOYEE WEB SERVER Create folders and copy required files as given below: C:\ECOM\DLL C:\ECOM\ASP C:\ECOM\ASP\JobTickets C:\ECOM\ASP\Reports C:\ECOM\PlanWell5 C:\ECOM\PlanWellConsole All the above folders and files can be completely copied from the Build machine at the following location: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-EmployeeWeb Copy the initialization file arc.ini as given below in respective servers: AMC Customer: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-EmployeeWeb\ MachineSpecificFiles\AMC-Employee LIC Customer: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-EmployeeWeb\ MachineSpecificFiles\LIC-Employee The above share path always contains the latest files for all the folders defined above. INSTALLATION STEPS This section describes the steps to be performed to install the application AMC CUSTOMER WEB SERVER AND LIC CUSTOMER WEB SERVER Create the following virtual directories AMC Customer Web Server Virtual Directory Name Path Description Binaries Location URL ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 24 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies arcEOC C:\ECOM\ arcCustomer PlanWell/ EWO/ BidCaster web files Build machine \\192.168.0.109\ PlanWellShare\ PRODUCTION\ PWBCEWO- CustomerWeb\ ECOM\ arc_Customer Order.e-arc.com PlanWellViewer C:\TempFiles Temporary Dir for File viewing EARCy UserWorkArea \\Psuwavirtual\ AMCUserWorkArea BidCaster User work area Tape back up restoration LIC Customer Web Server Virtual Directory Name Path Description Binaries Location URL Default Web Site C:\ECOM\ arcCustomer PlanWell/ EWO/ BidCaster web files Build machine \\192.168.0.109\ PlanWellShare\ PRODUCTION\ PWBCEWO- CustomerWeb\ ECOM\ arc_Customer Order.planwell.com PlanWell C:\ECOM\ arcCustomer\ PlanWell For Redirection purposes PlanWellViewer C:\TempFiles Temp Dir for File viewing EARCy UserWorkArea \\Psuwavirtual\ AMCUserWorkArea BidCaster User work area Tape back up restoration AMC EMPLOYEE WEB SERVER AND LIC EMPLOYEE WEB SERVER Create the following virtual directories AMC Employee Web Server AND LIC Employee Web Server Common virtual directory set up is needed for the AMC and LIC Employee web servers as follows: Main Build Machine Path: \\192.168.0.109\PlanWellShare\PRODUCTION\PWBCEWO-EmployeeWeb\ECOM\ Virtual Directory Name Path Description Binaries Location URL Default Web Site C:\ECOM\ ASP PlanWell/ EWO/ BidCaster web files Build machine \\192.168.0.109\ PlanWellShare\ PRODUCTION\ PWBCEWO- EmployeeWeb\ member.planwell.com ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 25 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies ECOM\ ASP PlanWellConsole C:\ECOM\ arcCustomer\ PlanWell For Redirection purposes Build machine path as given above to this specific folder Reports C:\ECOM\ASP\ Reports Dir for Reports Build machine path as given above to this specific folder Viewer C:\Program Files\Crystal Decisions\Enterprise 10\Web Content\Enterprise10\ viewer BidCaster User work area Build machine path as given above to this specific folder PPS Executables Build machine path as given above to this specific folder POST INSTALLATION STEPS A. COM Dll’s registration: Important Note: The following COM dll’s must always be registered in the exact sequence given below as the consecutive dll’s are dependent on the previous ones. AMC CUSTOMER WEB SERVER AND LIC CUSTOMER WEB SERVER Register the Dll’s in the folder c:\ECOM\All_Dlls\ Location Action Value ABCUpload4.dll Register COM DLL Regsvr32 ABCUpload4.dll ArcSock.dll Register COM DLL Regsvr32 ArcSock.dll PWCryptoLib.dll Register COM DLL Regsvr32 PWCryptoLib.dll arcEOC.dll Register COM DLL Regsvr32 arceoc.dll arcQuote.dll Register COM DLL Regsvr32 arcQuote.dll arcEOCTracker.dll Register COM DLL Regsvr32 arcEOCTracker.dll AMC EMPLOYEE WEB SERVER AND LIC EMPLOYEE WEB SERVER Register the Dll’s in the folder c:\ECOM\DLL\ Location Action Value PWCryptoLib.dll Register Regsvr32 PWCryptoLib.dll ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 26 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies COM DLL arcDictionaryLib.dll Register COM DLL Regsvr32 arcDictionaryLib.dll arcEOC.dll Register COM DLL Regsvr32 arceoc.dll arcMEM.dll Register COM DLL Regsvr32 arcMEM.dll B. Other settings: Establish SQL Client Connectivity Install & Configure Crystal Reports Viewer 10 for reports with IIS settings Time out settings: Right-click on Default Web Site root > Home Directory > Configuration > Options Session timeout: 30 minutes ASP script timeout: 300 minutes Apply these settings for all the child nodes in IIS At Run command type in “net start w3svc” to start the IIS server OR do it manually by starting the service in the IIS manager screen INSTALL VERIFICATION AND TESTING This section will describe the testing procedure for validating the application Installation. Test the database connectivity from the web servers using the ODBC tools Open the Web page through qualified URL’s as given below: https://order.e-arc.com https://order.planwell.com https://member.e-arc.com https://member.planwell.com Log in to sites using test accounts and see if everything is working fine. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 27 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies CONSOLE Disaster recovery for PlanWell PDS (PRODUCTION): PDS is a box solution. The tech center does NOT host the product in house. Customers who buy PDS are responsible for their own disaster recovery – that is clear in our sales agreement for the product. So, there is no disaster recovery for PDS in Primary Data Center. Both the hardware and the software for the application are managed by the customer who buys it. All we offer is the technical support for the product. However, we do distribute the software that is on an HTTP server (208.36.2.14). The document containing the list of the PDS download URLs. Disaster recovery for PlanWell PDS (STAGING): Now, we host the staging server for PDS – that is used by our ARC divisions for training and testing purposes. The BDC hosts the PDS staging server on 192.168.0.14. a. Website (browser) is being hosted on 192.168.0.14 (staging1ws1). The URL to access the website is http://staging1.e-arc.com/pwpds. b. Database is also installed on 192.168.0.14 (staging1ws1). The name of the database is PlanWellPDS. Following are steps for PDS application disaster recovery: Steps for Disaster recovery for PlanWell PDS (STAGING): 1. Identify and get any standalone system. This system should have the pre- requisites as specified in the attached PDS installation guide - STEPS FOR PDS PLANWELL INSTALLATION. PDF. – Time Taken: 4 hrs 2. Install the PDS browser and database components by following the procedure as specified in the attached installation guide. – Time Taken: 2 hrs Total time: 6 hrs ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 28 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell ISAPI extension Definitions PlanWell ISAPI Extension is a backend component used for replication process. This component is to be installed on ReplicatorWS1 & Replicator WS2. Make sure on both systems virtual roots should be same This document describes about the following applications PlanWell ISAPI Extension System Requirements Software Description Notes Operating System Windows 2000 Server Windows 2000 Server IIS IIS 5.0 or later This can be added to through windows components SQL Client tools SQL Client tools Install SQL Client tools 2000 MSXML MSXML Install MSXML 3.0, 4.0 & MSXML 4.0 SP2 SARC Service Simple Mail Transfer Protocol (SMTP) This service should be installed and running Dependent DLLs Copy Dependent DLLs to System32 folder MFCO42D.DLL (Copy & Register) MSVCRTD.DLL (Copy) ADO Microsoft Active Data Access Objects version 2.7 This can be download from Microsoft web site Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PWReplicator and Depends. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 29 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Copy the SQLWExtension-PW4 configuration file to C:\Winnt for AMC companies Copy the SQLWExtensionLic-PW4 configuration file to C:\Winnt for LIC companies Change the database settings in the configuration file if required Change the folder path in the configuration file section SQLWTempPath to the following temporary folders created Step 2: Create Temporary folders Create the following temporary folder structure for AMC companies E:\Temp\SQLWExtension\SQLWExtension Create the following temporary folder structure for LIC companies E:\Temp\SQLWExtensionLIC\SQLWExtension Step 3: Give Read and write access permissions to the above temporary folders. Step 4: Create the folder structure E:\Temp\ReplicatorIIS-AMC\SQLExtension for AMC Companies Copy the DLLS from net1 into SQLExtension created folder SQLWExtension.dll & SQLWExtensionMsg.dll for AMC Companies Create the folder structure E:\Temp\ReplicatorIIS-LIC\SQLExtension for AMC Companies Copy the DLL from net1 into above created folder SQLWExtensionLIC.dll Step 5: Rn SQLWEventLog.reg file (path is E:\Replicator-IIS-Req\For SQLExtension\Registry Files) Step 6: Change EventMessageFile to the path where SQLWExtensionMsg.dll is copied. To change the path Edit the registry (HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\EventLog\A pplication\SQLWExt) Step 7: Run SQLWBatchCount.reg (path is E:\Replicator-IIS-Req\For SQLExtension\Registry Files) Step 8: For AMC companies create a virtual Directory (ProdProjRoot) and configure in IIS and Configure the Virtual root to the folder where SQLWExtension.dl is residing For LIC companies create a virtual Directory (PwLicProjRoot) and configure in IIS and Configure the Virtual root to the folder where SQLWExtensionLIC.dll is residing Step 9: Verifying AMC Setup Browse the SQLWExtension.dll, it should show message. Then it is correctly is installed, if it gives error some thing wrong in Installation Verifying LIC Setup Browse the SQLWExtensionLic.dll, it should show message ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 30 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Then it is correctly is installed, if it gives error some thing wrong in Installation Installation Procedure of PlanWell Account Sync component Step 1: Install SQLXML3.0 Step 2: Create a folder Inside the ReplicatorIIS-AMC called For Epavilion Schema Files Copy the Epavilion folder (contains the XML schems files) into above folder (E:\ReplicatorIIS-AMC\For Epavilion Schema Files) Step 3: Open SQLXML3.0 application Step 4: Create a virtual root with ProdAccRoot and pointing to Epavilion folder Step 5: On Virtual Names Tab, create 3 objects (DbObject, Schema pointing to Epavilion\Schema folder) & Template folder pointing to Epavilion\Template Folder) Step 6: Repeat the above steps for LIC the virtual root will be PwLicAccRoot Installation Procedure of PlanWell Replicator component Step 1: Create a folder Inside the ReplicatorIIS-AMC called Replicator Step 2: Copy ASP asp pages to the above folder (getftpdetailsEncrypted.asp & PWReplicatorMailNotify.asp) Step 3: Create Virtual root called ProdRRoot and pointing to the above folder Step 4: If required inside getftpdetailsEncrypted.asp page change the database settings Step 5: On this system configure the SMTP server - so that, it can send e-mails whenever the Replication fails. Step 6: Follow the above steps for LIC the virtual root will be PwLicRRoot POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING Verification of AMC Setup Browse the SQLWExtension.dll, it should show message. Then it is correctly is installed, if it gives error some thing wrong in Installation Verification of LIC Setup Browse the SQLWExtensionLic.dll, it should show message Then it is correctly is installed, if it gives error some thing wrong in Installation ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 31 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell MakeCD (PWProjectViewer Server) Component Definitions PlanWell Project Viewer is used by Legacy MakeCD component PlanWell Project Viewer has to be configured on DBServer1 & DB server 2 Same components are used for both AMC and LIC companies. Make sure on both systems virtual roots should be same This document describes about the following applications PlanWell Project Viewer System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components SQL Client tools SQL Client tools Install SQL Client tools 2000 .NET Frame work .NET Frame Work Install .NET Frame work Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PWProjectViewer Server. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: Create Virtual Root called PWApps. Step 2: Create virtual Root PWApps\2AE491ED\PWPROJECTVIEWER Step 3: Create Virtual Root called QUICKEWO ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 32 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 4: Copy GetMakeCDOrderLinksEncrypted.asp page under the virtual root Step 5: In PlanWell database Console20_settings table MakeCD Order row has to be updated. While updating the values should be 64 Base encoded values should be updated. POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from PlanWell Project Viewer ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 33 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell Web Services Definitions PlanWell Web Services is a backend component used by console and Quick EWO for placing orders. PlanWell Web Services has to be configured one instance on both AMC & LIC This component is to be installed OneView Server1 & OneView Server2. Make sure on both systems virtual roots should be same This document describes about the following applications PlanWell Web Services System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components SQL Client tools SQL Client tools Install SQL Client tools 2000 .NET Frame work .NET Frame Work Install .NET Frame work Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PlanWell Web Services. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: Copy the files from net1 Step 2: Create virtual root called PWOrderWebService and pointing to the folder. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 34 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 3: Edit configuration file for following entries 1. FTPSourcePath FTP path UNC path where Quick EWO sends the ZIP files 2. FTPTargetPath FTP Target path UNC path where Quick EWO ftp foders based on epmemberid created. Point to the root folder 3. NetworkDomain Netowrk domain name to access the path 4. NetworkPassword Netowrk Password to access the path 5. OrderURL Http path for SmrPrint.asp of Customer browser Step 4: POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from Enterprise console and Quick EWO by placing an order ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 35 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell Pickup Server Component Definitions PlanWell Pickup Server Component is used by Pick up Application PlanWell Pickup Server Component has to be configured on DBServer1 & DB server 2 This application is has to configured for only AMC Companies. Make sure on both systems virtual roots should be same This document describes about the following applications PlanWell Pickup Server Component System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components SQL Client tools SQL Client tools Install SQL Client tools 2000 .NET Frame work .NET Frame Work Install .NET Frame work Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PlanWell Pick Up. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: Create Virtual Root PWApps/2AE491ED/PickupApp Step 2: Copy files from net1 Step 3: Register DLL - DataAccess.dll Step 4: If required change the Database entries in ASP pages ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 36 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from PlanWell Pick up Application ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 37 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell Network Queue Definitions PlanWell Network Queue is a backend component used by Enterprise console PlanWell Network Queue has to be configured on DBServer1 & DB server 2 Same components are used for both AMC and LIC companies. Make sure on both systems virtual roots should be same This document describes about the following applications PlanWell Network Queue System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components SQL Client tools SQL Client tools Install SQL Client tools 2000 .NET Frame work .NET Frame Work Install .NET Frame work Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PlanWell Network Queue. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: TWO FTP servers / FTP virtual roots are required (One acts as Source and another one acts as Target) we can keep both on one system. Step 2: On Target Server create FTP virtual roots for all AMC companies Step 3: FTP virtual roots has to be updated in epavilion table with the path based on epmemberid Step 4: Create Virtual Root called PWApps Step 5: Create Virtual Root called PWApps\2AE491ED ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 38 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 6: Create Virtual Root called PWApps\2AE491ED\QUICKEWO Step 7: Copy GetQEWOPasswordEncrypted.asp page under the virtual root Step 8: If required Change the Database entries in ASP page Step 9: In PlanWell database Console20_settings table QuickEWOLinks Row has to be updated. While updating the values should be 64 Base encoded values should be updated. The values should be in the following order FTPServer, FTPuserID, FTPPassword,Order URL. Step 10: Create Virtual Root called PWApps\2AE491ED\PWREMOTEQ Step 11: Copy the files from net1 Step 12: Change the Database connection entry in RQ.ini Step 13: Register the DLL RemoteQueue.dll POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from Console. Remote Queue functionality has to be tested ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 39 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PlanWell Mail Processor Definitions PlanWell Mail Processor is a backend component used by console and Quick EWO for sending emails. PlanWell Mail Processor has to be configured one instance on both AMC & LIC This component is to be installed DbSerer1 for AMC Companies and DbSerer2 for LIC companies. This document describes about the following applications PlanWell Mail Processor System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components MSXML3.0 MSXML3.0 Install MSXML3.0 CDONTS CDONTS Search for CDONTS if not existing - copy the cDONTS and register SQL Client tools SQL Client tools Install SQL Client tools 2000 SARC Service Simple Mail Transfer Protocol (SMTP) This service should be installed and running Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\ PlanWell Mail Processor. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: Network team has configure the reserve DNS for this server Step 2: Copy PWMail files from net1 Step 3: Copy the .INI file to Windows folder ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 40 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 4: If required Edit database entries Step 5: PWTempFolderPath - Create a temp folder and give the path Step 6: Emergency911MailId - If any mail fails sends an e-mail. Configure other entries in INI Step 7: EMBURL - Customer Web site URL to smrprint.asp page Step 8: Register PWMailProcessor Service Step 9: Change the service to AUTO Repeat the above steps for LIC After Step 6 configure the notification summary page and repeat rest of steps PINURL - PWELL_NotificationSummary.asp page path on customer web site POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from Enterprise console and Quick EWO by placing an order ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 41 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PWCDB server Component Definitions PWCDB server Component is a used for Planwell remote operations PWCDB server Component has to be configured one instance for both AMC & LIC This component is to be installed DbSerer1 for AMC Companies and DbSerer2 for LIC companies. This document describes about the following applications PWCDB server Component System Requirements Software Description Notes Operating System Windows 2003 Server Windows 2003 Server IIS IIS 5.0 or later This can be added to through windows components MSXML3.0 MSXML3.0 Install MSXML3.0 CDONTS CDONTS Search for CDONTS if not existing - copy the cDONTS and register SQL Client tools SQL Client tools Install SQL Client tools 2000 ADO 2.6, SP2 ADO 2.6, SP2 ADO 2.6 & SP2 Application Installation Procedure Web Sites This component is available at \\net1\PDMSConsoleBuilds\PWCDB server Component. PRE-INSTALLATION STEPS None INSTALLATION STEPS Step 1: Open msdfmap.ini (C:\windows) Step 2: Check the [CONNECT DEFAULT] section, and if the ACCESS parameter is set to NOACCESS, change it to READONLY. Step 3: "HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\DataFactory\HandlerInfo" and make sure HandlerRequired is set to 0 and DefaultHandler is "" (Null string). ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 42 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 4: "HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\W3SVC\Parameter s\ADCLaunch" and verify that there is a key called RDSServer.Datafactory. If not, create it. Step 5: Using Internet Services Manager, go to the Default Web Site and view the properties of the MSADC virtual root. Inspect the Directory Security/IP Address and Domain Name Restrictions. If the "Access is Denied" is checked then select "Granted". Step 6: Copy the DLL & Register the PWCDBServerLib.dll & .ini file Step 7: Change the .INi file and copy to Windows folder Step 8: "HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\W3SVC\Parameter s\ADCLaunch\PWCDBServerLib.clsPWDBServer Step 9: Setup the ISAPI Filter POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING This feature has to be tested from Enterprise console and Quick EWO by placing an order or any address book operations ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 43 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies BIDCASTER PICKUP PROCESSOR Definitions This section can be used to install the Pickup Processor server for Pickup Processor application and service. System Requirements This section describes about the System requirements for the application. One server each for AMC and LIC Pickup Processor application will be required to be set up as per the minimum configuration settings given below: Application No of servers AMC Pickup Processor : 1 server LIC Pickup Processor : 1 server Minimum server configuration: Windows 2003 Standard Edition, Xeon CPU 3 GHz, 3.5 GB RAM Software Description Notes .NET Framework 1.1 Download the latest from Microsoft.com Application Installation Procedure Web Sites Set up for Pickup Processor server: PRE-INSTALLATION STEPS This section describe about the steps required for Pre-Installation PICKUP PROCESSOR SERVICE Create folders and copy required files as given below: E:\BroadCastDISP-SERVICE E:\BroadCastDISP-SERVICE\Install Batch Files The above folders and files can be completely copied from the Build machine at the following location: \\192.168.0.109\PlanWellShare\PRODUCTION\PickupProcessorService The above share path always contains the latest files for all the folders defined above. In case the Build server is down for any reason, the same files can be picked up directly from the Source Safe VSS, at the following path: $/ARC-PINEnterprise/ServerApplications/LIVEBroadCastDispatcherSERV Note: The above process needs to be repeated for LIC Pick up processor service in a separate machine. The steps are exactly the same as above. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 44 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Get the AMC/LIC specific config setting file “BroadCastDispatcherService.exe.config” and copy them onto the E:\BroadCastDISP-SERVICE folder as follows: AMC: \\192.168.0.109\PlanWellShare\PRODUCTION\PickupProcessorService\AMC LIC: \\192.168.0.109\PlanWellShare\PRODUCTION\PickupProcessorService\LIC INSTALLATION STEPS This section describes the steps to be performed to install the application PICKUP PROCESSOR Install BroadCastDispatcherService as one of the services: From the directory, E:\BroadCastDISP-SERVICE\Install Batch Files do the following: Right-click the file “Install_BroadcastDispatcherservice.bat” and click on edit. Confirm the path of the service application executable “BroadCastDispatcherService.exe” to be pointing to the right path. For Example: C:\WINDOWS\Microsoft.NET\Framework\v1.1.4322\InstallUtil.exe "E:\BroadCastDISP- SERVICE\BroadCastDispatcherService.exe" After that Run the batch file once. This will create the BroadCastDispatcherService as one of the available services on this machine. POST INSTALLATION STEPS Go to Services by windows navigation or type in services.mmc in the Start > Run command. Locate the service “BroadCastDispatcherService” in the services listing. Right-click on that service and click on Start. INSTALL VERIFICATION AND TESTING This section will describe the testing procedure for validating the application Installation. Check the Log file under the LogFiles directory to check for any errors. Send out a test broadcast and confirm that the broadcasts are being sent to queue. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 45 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies ONEVIEW Definitions This section can be used to install the OneView web site web servers for OneView application. System Requirements This section describes about the System requirements for the application. One server for OneView web site will be required to be set up as per the minimum configuration settings given below: Application No of servers OneView web site : 1 server Minimum server configuration: Windows 2003 Standard Edition, Xeon CPU 3 GHz, 3.5 GB RAM Software Description Notes .NET Framework 1.1 Download the latest from Microsoft.com Application Installation Procedure Web Sites Website set up for OneView server: PRE-INSTALLATION STEPS This section describe about the steps required for Pre-Installation ONEVIEW WEB SERVER Create folders and copy required files as given below: C:\oneview C:\oneview\import All the above folders and files can be completely copied from the Build machine at the following location: \\192.168.0.109\PlanWellShare\PRODUCTION\OneView The above share path always contains the latest files for all the folders defined above. In case the Build server is down for any reason, the same files can be picked up directly from the Source Safe VSS, at the following path: $/ARC-Premier Accounting/WebSite INSTALLATION STEPS This section describes the steps to be performed to install the application ONEVIEW WEB SERVER Create the following virtual directories ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 46 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies OneView Web Server IIS Setup Virtual Directory Name Path Description Binaries Location URL Default Web Site C:\OneView OneView web files Build machine \\192.168.0.109\ PlanWellShare\ PRODUCTION\ OneView oneview.e-arc.com POST INSTALLATION STEPS Establish SQL Client Connectivity Install & Configure Crystal Reports Viewer 10 for reports with IIS settings Time out settings: Right-click on Default Web Site root > Home Directory > Configuration > Options Session timeout: 30 minutes ASP script timeout: 300 minutes At Run command type in “net start w3svc” to start the IIS server OR do it manually by starting the service in the IIS manager screen INSTALL VERIFICATION AND TESTING This section will describe the testing procedure for validating the application Installation. Test the database connectivity from the web servers using the ODBC tools Open the Web page through qualified URL’s as given below: https://oneview.e-arc.com/Login.htm Log in to sites using test accounts and see if everything is working fine. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 47 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 5B.SUBHUB 1. Web Sites 1.1 Sub-Hub Website Pre-requisites: The following software needs to be installed. Software Description Notes .NET Framework 1.1 Download the latest from Microsoft.com FWKFTPLIB.dll Viewing Files Need to register. Before registering it , the following dlls need to be copied into WINDOWS\System32 MSVCRTD.DLL MFC42D.DLL MFCO42D.DLL IEWebControls IEWebContr ols.exe 1. Run this exe 2. Search for the following path “C:\Program Files\IE Web Controls”. 3. Open “Build. Bat” in notepad & search for csc.exe file (replace with “C:\WINDOWS\Microsoft.NET\Framework\v1.1.4322\csc.exe”). 4. Run this batch file 5. Verify whether “webctrl_client” folder is created in “C:\inetpub\wwwroot”. Credit Card Component PFProCOMS etup.exe 1. Copy the following into system32 folder and bin folder in Sub-Hub Web Site PFProdotNET.dll PFProCOMLib.dll pfpro.dll PayFlowPro.dll certs (folder) 2. Run “PFProCOMSetup.exe” SSL Certificate VeriSign will email you your certificate. If the certificate is an attachment (Cert.cer), you can use the file. If the certificate is in the body of the email, create a .cer file (example: NewCertificate.cer) by copying and pasting the certificate text into a plain text editor such as Notepad or Vi. Please be sure to include the header and footer as well as the surrounding dashes. Do not use Microsoft Word or other word processing programs that may add characters. Confirm that there are no extra lines or spaces in the file. 1. Open the Internet Services Manager (IIS). Click Start > All Programs > Administrative Tools > Internet Information Services (IIS) Manger. 2. Under Web Sites, right-click your web site and select Properties. 3. Click the Directory Security tab. 4. Under Secure Communications, click Server Certificate. 5. The Web Site Certificate Wizard will open, click Next. 6. Choose Process the Pending Request and Install the Certificate, then click Next. Important: The pending request must match the response file. If you deleted the pending request in error you must generate a new CSR and replace this certificate. 7. Select the location of the certificate response file, and then click Next. 8. Read the summary screen to be sure that you are processing the correct certificate and then click Next. You see a confirmation screen. 9. After you read this information, click Next. Stop and start your Web server prior to any testing. Be sure to assign your site an SSL port (443 by default). If you do not specify an IP address when installing your SSL Certificate, the same ID will be used for all virtual servers created on the system. If you are hosting multiple sites on a single server, you can specify that the ID only be used for a particular server IP address. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 48 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Virtual Directories: The following are the virtual directories needs to be created in the sub- hub web server. Virtual Directory Name Path Description Binaries Location URL Default WebSite Sub-Hub Binaries www.sub-hub.com DnldXML C:\temp\subhub Temporary Dir EARCy www.sub-hub.com/DnldXML pwproject C:\pwproject Sub-Hub Cab files www.sub-hub.com/pwproject PWThumbnailVie wer C:\temp\subhu b Temporary Dir EARCy www.sub-hub.com/PWThumbnailViewer Database Connection Strings 1.2 PINAdmin WebSite Pre-requisites: The following software needs to be installed. Software Description Notes .NET Framewor k 1.1 Download the latest from Microsoft.com FWKFTPL IB.dll Viewing Files Need to register. Before registering it , the following dlls need to be copied into WINDOWS\System32 MSVCRTD.DLL MFC42D.DLL MFCO42D.DLL IEWebCon trols IEWebControls.e xe 6. Run this exe 7. Search for the following path “C:\Program Files\IE Web Controls”. 8. Open “Build. Bat” in notepad & search for csc.exe file (replace with “C:\WINDOWS\Microsoft.NET\Framework\v1.1.4322\csc.exe”). 9. Run this batch file 10. Verify whether “webctrl_client” folder is created in “C:\inetpub\wwwroot”. Location Key Value Sub-Hub Web Site : Web.Config ConfigSetti ngStr server=<new db server name>;uid=<User ID>;pwd=<password>;database=PINCommon Pwproject (Virtual Directory) : downloadExec.asp Line : 42 "Provider=SQLOLEDB;Data Source=<new db server name>;user id=<user id>;Password=<password>;Initial Catalog=PINCommon" ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 49 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Credit Card Compone nt PFProCOMSetup .exe 1. Copy the following into system32 folder and bin folder in Sub-Hub Web Site PFProdotNET.dll PFProCOMLib.dll pfpro.dll PayFlowPro.dll certs (folder) 2. Run “PFProCOMSetup.exe” Virtual Directories: The following are the virtual directories needs to be created in the sub- hub web server. Virtual Directory Name Path Description Binaries Location URL Default WebSite PINAdmin Binaries admin.pwinet.com DnldXML C:\temp\subhub Temporary Dir EARCy admin.pwinet.com/DnldXML pwproject C:\pwproject Sub-Hub Cab files admin.pwinet.com/pwproject PWThumbnailViewer C:\temp\subhub Temporary Dir EARCy admin.pwinet.com/PWThumbnailViewer Database Connection Strings Location Key Value PINAdmin Web Site : Web.Config ConfigSettin gStr server=<new db server name>;uid=<User ID>;pwd=<password>;database=PINCommon Pwproject (Virtual Directory) : downloadExec.asp Line : 42 "Provider=SQLOLEDB;Data Source=<new db server name>;user id=<user id>;Password=<password>;Initial Catalog=PINCommon" 2. Databases The following are the databases used by Sub-Hub applications Database Name Users/Logins Permissions Notes PINCommon Pin_sub_usr Pin_format_usr1 Pin_format_usr1 Pw_support usr_role fmt_role fmt_role pwrole Please contact Krishna for restoration procedure & back up procedure PINNotifications Pin_notify_usr Pw_support usr_role pw_role Data Transformation Services ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 50 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 3. Web Services Virtual Directory Description Binaries Location Notes SHPublishWebService Project Publishing Web Service This is the project publishing Web Service, need to change Web.config database key when deployed PINNPRSearchMgrWebService Sub-Hub Search Web Service This is the project publishing Web Service, need to change Web.config database key when deployed OCR Search Service 4. Windows Services Service Name Description Binary Location Notes PINNotification Manager Sub-Hub Notifications Manager $Sub-Hub- Development/Production/ PINNotification Manager App.config’s database key needs to be changed to new database server Sub-Hub Pickup Sub-Hub Pick-up Processor $Sub-Hub- Development/Production/ Sub-Hub Pickup App.config’s database key needs to be changed to new database server Project Search Builder Sub-Hub Project Search Builder $Sub-Hub- Development/Production/ Project Search Builder App.config’s database key needs to be changed to new database server Fax Server Fax Processor Service $Sub-Hub- Development/Production/ Fax Server Right Fax Client needs to be installed as a prerequisite. App.config’s database key needs to be changed to new database server Email Server Email Processor Service $Sub-Hub- Development/Production/ Email Server App.config’s database key needs to be changed to new database server Fax Response Server Fax Response Server $Sub-Hub- Development/Production/ Fax Response Server App.config’s database key needs to be changed to new database server DTS Name Source Database Destination Database Notes PINNotifications_DTS PINNotifications PINNotifications Please refer to the detailed documentation In vss under $/Database/DataTransformationServices/ 1. PinNotifications Database DTS.doc 2. Source Codes : PinNotifications_DTS_Script.sql PinNotifications_HistoryTables.sql ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 51 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 5. File Processors INI File entries Entry Values [UnZipServer] ZipSourcePath=\\pspinuplvirtual\SHPublish\ ProcessTempPath=\\pspinunzvirtual\SHUnZip\ ProcessTempPathSharedName=\\pspinunzvirtual\SHUnzip\ NationalvaultRoot=\\pspindwlvirtual\SHVault-1\ OCRDestinationPath=\\pspindwlvirtual\SHVault-1\ [CentralDatabase] ServerName=<db server> Database=pincommon User=<user id> Password=<password> [QueueDatabase] ServerName=<db server> Database=pincommon User=<user id> Password=<password> Processor Name Description Binary Location Notes Un-Zip Processor Un-Zip Processor $Sub-Hub- Development/Production/ File Processors Ini file entries needs to be changed as indicated under File Processors : INI File Entries CPC Processor CPC Processor $Sub-Hub- Development/Production/ File Processors Ini file entries needs to be changed as indicated under File Processors : INI File Entries Cpc battery needs to be installed. Please refer to (http://www.cartesianinc.com/Products/Battery) for battery installation. Déjà vu Processor DejaVu Processor $Sub-Hub- Development/Production/ File Processors Ini file entries needs to be changed as indicated under File Processors : INI File Entries Document Express 5.1 needs to be installed. OCR Processor OCR Processor $Sub-Hub- Development/Production/ File Processors Ini file entries needs to be changed as indicated under File Processors : INI File Entries 6. FTP Sites FTP Site URL Notes Upload Site publish.sub-hub.com WS_FTP needs to be installed. Userid : <userid> Password: <password> Folder : shpublish Download Site <download server> Userid : <user id> Password: <password> Folder : shvault1 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 52 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 7. Temporary Storage Temporary Storage Path Temporary Un-Zip Storage \\<UnZip Server>\SHUnZip\ ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 53 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 5C.Data Bases – PlanWell, SubHub PRE-INSTALLATION STEPS The following table consists all the LOGSHIPPING DATABASES available on the Backup Site. (Every 15 mins the below mentioned database log backups are taken and shipped and restored on the Standby Server. ) SLNO PRIMARY SERVER(PDC) STANDBY(BDC) DATABASENAME STANDBY DBNAME 1 PSENTSQLVIRTUAL BSA28C3WELL1 Epavilion Epavilion 2 PSENTSQLVIRTUAL BSA28C3WELL1 EpavilionLic EpavilionLic 3 PSENTSQLVIRTUAL BSA28C3WELL1 Planwell Planwell 4 PSENTSQLVIRTUAL BSA28C3WELL1 PlanwellLic PlanwellLic 5 PSENTSQLVIRTUAL BSA28C3WELL1 PWCommon PWCommon SLNO PRIMARY SERVER (PDC) STANDBY(BDC) DATABASENAME 1 PSPINSQLVIRTUAL BSA35C3PIN1 PINCommon PINCommon_ls 2 PSPINSQLVIRTUAL BSA35C3PIN1 PINNotifications PINNotifications Slno Standby ServerName Transaction Log location 1 BSA28C3WELL1 X:\Logshipping\ 2 BSA35C3PIN1 w:\logshipping Verify the Standby Server Errorlog to find the transaction logs which are present in the logshipping folders are restored , Restore the last available transaction log(either from primay server or from logshipping folder), if it is not restored. INSTALLATION STEPS Alter the status of each database from Readonly to Multiuser Access ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 54 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Rename the database PinCommon_LS to Pincommon POST INSTALLATION STEPS Verify the logins Create Database Maintenance Plan for all the databases Create backup plan for all Databases INSTALL VERIFICATION AND TESTING Verify the connectivity by checking the application user login using query analyzer Verify using profiler to see the executing stored procedures/batches 5D.PREVIEW - FAX CONVERSION ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 55 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Fax Conversion Service Definitions This document describes the about the installation procedure for Fax Conversion Service (FCS). A service used for converting fax document for preview and for concord fax services System Requirements For MetaPrint application downloads and licensing sites the following software are required Software Description Notes Operating System Windows 2000 or later Windows 2000 or later Right Fax COM Objects Right Fax client components Application Installation Procedure Windows Applications PRE-INSTALLATION STEPS Copy the folder \\net1\Shared\FaxConversionService to the local folder INSTALLATION STEPS STPE 1: Register Service Register the Fax Conversion service. This can be done by Executing the command from the command line FaxConversionService.exe /service This will register the Fax Conversion Service application as Windows NT Service. STEP 2: Verify Service Installation Open the service manager; in the service manager you should able to see Fax Conversion Service. POST INSTALLATION STEPS STEP 1: Run Service Under corp\clusteradmin account Select Service in service manager, right click and select Properties menu. Got to Log On Tab Select This User and enter corp\clusteradmin and password ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 56 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies This user account should be able to access the userwork area of the PlanWell bidcaster STEP 2: Change the application INI file Configuration File Name: FaxConversionService.ini ( this file will be under FaxConversionService folder ) Setting Name Value Description Sample data ConversionMode 1 Always 1 ConversionMode=1 RightFaxQServer IP address / Name of the Right Fax server which will be used for the conversion RightFaxQServer=192.168.22.100 RightFaxUserID Right Fax User id used for the conversion RightFaxUserID=PRV_FAX_USER RightFaxUserPassword Password for the right fax user id Prvfaxuser RightFaxUserPassword=prvfaxuser RightFaxUseNTAuthentication 0 Always 0 RightFaxUseNTAuthentication=0 UseFaxNumberForConversion Test Fax Number UseFaxNumberForConversion=510- 377-2338 LogFilePath Path for Log File Create a log file directory LogFilePath=C:\FaxConversionService MaxConversionTime=0 0 Always 0 MaxConversionTime=100 HTTPSvrVD The Root directory Always C:\Temp HTTPSvrVD=C:\Temp HTTPPort 9001 If this port is in use then change. HTTPPort=9001 INSTALL VERIFICATION AND TESTING Run the Service from service manager Go to Log file directory and make sure that the log file is created Open the log file and read the first 5 lines which describes about the application status. OTHER APPLICATION CHANGES Once the FCS is set up we should change the following application configuration files. File Name: Web.config PlanWell-BidCaster application Configuration file Change the following key <add key = "FCSURL" value="http://FCS Server IpAddress:port/"/> Fax Server application configuration file ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 57 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies File Name : App.config Change the following key <add key = "FCSURL" value="http://FCS Server IpAddress:port/"/> ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 58 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 6.Email Servers & Application Software E-mail servers and Domain details: We have 2 Mail servers: 1. Imail 2. Microsoft Exchange Imail server has been configured to host the following domains -E-ARC.COM -216.241.82.60 -PLANWELL.COM -216.241.82.91 -SUB-HUB.COM -216.241.82.54 Exchange server has been configured to host the mirrorplus.com and CRM .mirrorplus.com Imail backup & Restore Procedure: 1. Backup the registry file on the existing server and back up to the tape Manually the registry can be copied by completing the following steps: a. Click on Start | Run, type in "regedit" and hit enter. b. Go to the path: HKEY_LOCAL_MACHINE\Software\Ipswitch\IMail c. Then, click on REGISTRY and select "Export Registry File". Give the file a name. The Export Range should be selected branch. The selected branch field should show the following: HKEY_LOCAL_MACHINE\Software\Ipswitch\IMail After ensuring this, click on Save. This will save all the user names and passwords for all of your domains that use the IMail user database. All the Imail user databases also needs to Backup Detail Procedure for backing up user database, forums etc. a. Select all three domains in the backup selection as shown below PSA33C4IM1\Forum list\*.* PSA33C4IM1\Imail_arc\*.* PSA33C4IM1\ImailPlanwell\*.* ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 59 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies PSA33C4IM1\Imail_Sub-hub\*.* 2. Restore to the new IMail server. Pre-requisites: Install windows 2003 standard or enterprise server Install Imail server To restore the copy of the registry follow the steps below: You can double-click the .reg file in Windows Explorer, or: a. Make sure a copy of the registry file is on the server. b. Then on the server, click on Start | Run, type in "regedit" and hit enter. c. Then, click on REGISTRY and select "Import Registry File". Select the copy of the registry file on the server. The existing IMail hive of the registry will be overwritten with the file you saved. Important: stop and restart the SMTP service after the change. If you are running version 8 or later, you should also stop and restart the Queue Manager Service. Exchange Email Server Disaster Recovery (DR) Procedures: We have two DR procedures 1. Mailbox recovery 2. Information Store Recovery Pre requisites for both the procedures Prepare windows server 2003 Prepare exchange server 2003 Install the enterprise exchange server in case if you go for cluster otherwise (in case of stand alone exchange server) you can install either standard or enterprise exchange server. Make sure your computer name and organization name and domain details are exactly same as your old exchange server Also the drive letters should be the same as old exchange server Mailbox Store Recovery Procedure: Restore the individual mail boxes from full backup sets ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 60 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Either you can restore mail box by mail box or multiple mailboxes at the same time Information Store Recovery Procedure: Restore the Full backup sets Restore the incremental or differential backup sets if any Change the ip address in the TCP\IP properties. Stop & Start all exchange services ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 61 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 7.MetaPrint Application Definitions This document describes about the following applications MetaPrint Online License Management Site System Requirements For MetaPrint application downloads and licensing sites the following software are required Software Description Notes Operating System Windows 2000 or later Windows 2000 or later IIS IIS 5.0 or later This can be added to through windows components SARC Service Simple Mail Transfer Protocol (SMTP) This service should be installed and running ADO Microsoft Active Data Access Objects version 2.7 This can be download from Microsoft web site Application Installation Procedure Web Sites The main Web site for Abacus downloads is http://support.mirrorplus.com In case of changing the server we need to map the URL support.mirrorplus.com to the new server. PRE-INSTALLATION STEPS Make sure that http://support.mirrorplus.com URL is mapped to the new server INSTALLATION STEPS Step 1: ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 62 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Create a directory in the local drive called metaprintdatafolder Copy the contents from \\net1\Shared\MetaPrint\MetaprintDataFolder to local metaprintdatafolder. Step 2 : Create Virtual directory Create a virtual directory called metaprint and map the local path to metaprintdatafolder Step 3 : Give Read and Script access permissions to the folder. POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING Open following URL from web browser http://support.mirrorplus.com/metaprint/prg/authorizelic.asp This page should display a form to authorize MetaPrint license. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 63 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 8.ABACUS Definitions Abacus is Print Copy tracking System. This document describes about the following applications Abacus Download Sites Abacus Online License Management Site System Requirements For Abacus application downloads and licensing sites the following software are required Software Description Notes Operating System Windows 2000 or later Windows 2000 or later IIS IIS 5.0 or later This can be added to through windows components SARC Service Simple Mail Transfer Protocol (SMTP) This service should be installed and running ADO Microsoft Active Data Access Objects version 2.7 This can be download from Microsoft web site Application Installation Procedure Web Sites The main Web site for Abacus downloads is http://support.mirrorplus.com In case of changing the server we need to map the URL support.mirrorplus.com to the new server. PRE-INSTALLATION STEPS Make sure that http://support.mirrorplus.com URL is mapped to the new server INSTALLATION STEPS Step 1: Copy abacus data folder from //net1/shared/Abacus/abacusdownloads to Step 2 : Create Virtual directory Create a virtual directory called abacus and map the local path to abacusfolder ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 64 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Step 3 : Give Read and Script access permissions to the folder. POST INSTALLATION STEPS NONE INSTALL VERIFICATION AND TESTING Open following URL from web browser http://support.mirrorplus.com/abacus/abacus_20.asp Click on each download link and make sure that each link is working and able to download the files. Open the following URL http://support.mirrorplus.com/abacus/enterlic.asp This page should display a form to authorize abacus license. ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 65 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 9.ATTACHMENT 2 FACILITY DIAGRAM AND EMERGENCY STAGING AREAS Backup Data Center 45719 Northpoot Loop west, Fremont, CA 94538 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 66 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Break Room Printer Room 1 WarehouseRoom 2 Cube 2 Cube 4Cube 6 PDC NOC Sudhakar/KiranOffice 2 ChaitanyaOffice 1 James Office 5 GoutamOffice 3 Cube 1 Rahul Office 3 ConferenceRoom Cannon IR5000 PDC Building Diagram Demetrius Office 6 Vinay Office 4 Power & Telephone Room 3 Rollup Door 3 Guo/SupratimOffice 7 Parking Lot Disaster Meeting Area 1 Parking Lot Disaster Meeting Area 2 West Main Entrance 1 Rollup Door 2 EastEntrance 2 Rollup Door 1 South Entrance 2 Primary Data Center 47354 Fremont Blvd, Fremont, CA 94538 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 67 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies 10.Attachment 3 EMERGENCY SERVICES & AGENCIES LIST EMERGENCY SERVICES Name: Police Department City: Fremont County: Alameda County Emergency Phone: 911 Business Phone: 510 790 6800 Name: Sheriff's Department County: Alameda Emergency Phone: 911 Business Phone: 510 790 6800 Name: Fire Department City: Fremont County: Alameda Emergency Phone: 911 Business Phone: 510 791 4292 Name: Paramedic/Rescue - Golden State Ambulance Inc. City: N/A County: Alameda Emergency Phone: 911 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 68 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Business Phone: 510 818 1400 Name: Air Ambulance – AAA Advanced Air Ambulance County: Alameda Business Phone: 800 633 3590 Name: Private Ambulance #1 – Golden State Ambulance Inc. County: Alameda Business Phone: 51 818 1400 Name: Private Ambulance #2 - Pacific Coast Ambulance Service County: Alameda Business Phone: 510 247 2070 HOSPITAL / URGENT CARE FACILITY Name: Hospital #1 – Kaiser Permanente Address: 39400 Paseo Padre Parkway (between Walnut Ave. & Stevenson Blvd) City: Fremont County: Alameda Business Phone: 510 248 3000 Name: Hospital #2 – Washington Hospital Address: 2000 Mowry Ave. (across the street from Civic Center Drive) City: Fremont County: Alameda Business Phone: 510 797 1111 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 69 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies EMERGENCY STAGING FACILITIES AND SHELTERS Name: American Red Cross Address: 33641 Mission Boulevard City: Union City County: Alameda Business Phone: 510 429 3300 Name: Community Center #1 - Fremont Resource Center Address: 39155 Liberty Street City: Fremont County: Alameda Business Phone: 510 574 2000 Name: National Guard Center Address: 1525 W. Winton Ave City: Hayward County: Alameda Business Phone: 510 264 5600 Name: Veterans Memorial Building Address: 39L155 Liberty Street # F620 City: Fremont County: Alameda Business Phone: 510 790 1518 DISASTER INFORMATION ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 70 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Name: Medical Emergency Information Hotline County: Emergency Phone: Name: Office of Emergency Services (City) Address: 777 B Street City: Hayward CA 94541 County: Alameda Business Phone: 510583 4948 Name: Office of Emergency Services (County) Address: 4985 Broder Blvd City: Dublin County: Alameda Business Phone: 925 803 7800 Name: Office of Emergency Services (State) Address: 3650 Schriever Ave, City: Mather County: Sacramento Emergency Phone: 916 845 8510 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 71 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies COMMUNICATIONS Name: XO Communication Phone 1: 989 758 6500 , Phone 2: 800 745 2747 XO DNS ip Addresses 65.106.1.196, 65.106.7.196 Name: MCI Phone 1: 1800 488 6384 A/C # W0F54044 SITE ID# WCOMW0F54044 Name: Sprint Phone 1: 1 800 900 0241 Name: AT &T Phone 1: 1 888 613 6330 Site ID# 157357 Circuit ID: 86HCGS556764DHEC499174 Name: AT&T Fax Lines : (Ticket # format RN090160) Circuit IDs - 03/AXTZ/011217//TPM 03/AXTZ/011218//TPM 03/AXTZ/011219//TPM 03/AXTZ/011220//TPM 03/AXTZ/011221//TPM 03/AXTZ/011222//TPM Name: SBC – Point to Point DS3 Phone 1: 1 800 922 7742 Name: Communication Dynamics ( Phone System) Business Phone: 925 625 0900 Name: Brownies Brian Davis ( Location of Full Backups) Phone 916-496-2343 mobile Name: Inprint Hussein Phone: 408-239-9583 Moble ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 72 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies SECURITY Name: Trojan Systems Inc - (ALARM SYTEM) City: 60 Rickenbacker Circle, Livermore, CA County: Alameda Emergency Phone: 1 800 367 1091 Business Phone: 925 245 1510 Fax: 925 245 0858 Name: Guard Company #1 – American Discount Security City: Union city County: Alameda Business Phone: 510 475 9000 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 73 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies CITY / COUNTY OFFICES Name: Administrative Offices (City) City: Fremont County: Alameda Business Phone: 510 284 4000 Name: Administrative Offices (County) City: Oakland County: Alameda Business Phone: 510 272 6984 Name: Air Quality Control Offices (County) City: 939 Ellis St. San Francisco CA 94109 County: San Francisco Business Phone: 415 7}1 6000 Name: Animal Control (County) City: Fremont County: Alameda Business Phone: 510 790 6640 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 74 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Name: Building Inspector (City) City: Fremont County: Alameda Business Phone: 510 494 4400 FEDERAL OFFICES Name: Federal Bureau of Investigation Address: 22320 Foothill Blvd #530 Business Phone: 510 886 7447 UTILITIES Name: Electric – Miller Electric City: Fremont County: Alameda Emergency Phone: 510 790 6345 Business Phone: 510 376 5371 Name: BC Electric Business Phone: 408 719 8644 Name: APC (American Power Conversion) UPS Backup Data Center Symmetra 1600 Model #P9696 SL# 3a0039s02919 Primary Data Center Symmetra SYCF40KF SN# ED0310000521 Business Phone: 800-555 2725 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 75 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies Name: Generator Primary Data Center - Peterson Power Systems PID: OLY00000PNPS00309 SID: 121994/07 MODEL: D100P2 Business Phone: 800-443-3356 Name: Generator Backup Data Center - Kohler Power System Kohler Generator Model# 40REOZJ Spec # PA-189233 Serial # 0708847 Phone: 1-888 712-9349 CONTRACTORS / VENDORS Name: Vartex (Doors) Business Phone: 800 698 6783 Name: Air Conditioning – R H Tinney Inc. City: 296 Wright Brothers Avenue Livermore CA. 94551 County: Alameda Emergency Phone: 925 525 0248 Business Phone: 925 373 6101 ARCSD104 – IT Disaster Recovery ARC Document Solutions ARCSD104 – IT Disaster Recovery Page 76 of 76 Confidential and Proprietary – For Internal Distribution Only Copyright by MirrorPlus Technologies EQUIPMENT Name: Dell Computer Business Phone: 1 800 945 3355 Name: Microsoft Business Phone: 888 456 5570 Name: Hewlett Packard Business Phone: 1800 633 3600 Access Code SMTB 9078 Name: Data Pipe Business Phone: 888 749 5821 Ref: Bicaster.net Name: Chriscom (Patch Panels) Business Phone: 925 625 0900 Main – 925 207 4205 Andy – 925 207 4206 Nahleen Name: Netscreen Business Phone: 800 638 8296 Name: Trend Micro Business Phone: 888 608 1009 Name: IP-Switch (Imail) Business Phone: 706 312 3500 Name: WSFTP Business Phone: 781 676 5700 ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 1 of 7 CNTL # GC-04 Revision: 1.0 Prepared by: Demetrius Wallace Effective Date:10/12/06 Approved by: Rahul Roy Title: ARCSD111 – Information Sensitivity Policy Purpose: The Information Sensitivity Policy is intended to help employees determine what information can be disclosed to non-employees, as well as the relative sensitivity of information that should not be disclosed outside of American Reprographics Company and ARC without proper authorization. The information covered in these guidelines includes, but is not limited to, information that is either stored or shared via any means. This includes: electronic information, information on paper, and information shared orally or visually (such as telephone and video conferencing). All employees should familiarize themselves with the information labeling and handling guidelines that follow this introduction. It should be noted that the sensitivity level definitions were created as guidelines and to emphasize common sense steps that you can take to protect American Reprographics Company & ARC Confidential information (e.g., American Reprographics Company & ARC Confidential information should not be left unattended in conference rooms). Please Note: The impact of these guidelines on daily activity should be minimal. Questions about the proper classification of a specific piece of information should be addressed to your manager. Scope: All American Reprographics Company & ARC information is categorized into four main classifications: American Reprographics Company Public American Reprographics Company Confidential ARC Public ARC Confidential American Reprographics Company & ARC Public information is information that has been declared public knowledge by someone with the authority to do so, and can freely be given to anyone without any possible damage to American Reprographics Company Systems, Inc & ARC American Reprographics Company & ARC Confidential contains all other information. It is a continuum, in that it is understood that some information is more sensitive than other information, and should be protected in a more secure manner. Included is information that should be protected very closely, such as ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 2 of 7 trade secrets, development programs, potential acquisition targets, and other information integral to the success of our company. Also included in American Reprographics Company & ARC Confidential is information that is less critical, such as telephone directories, general corporate information, personnel information, etc., which does not require as stringent a degree of protection. A subset of American Reprographics Company & ARC Confidential information is "American Reprographics Company & ARC Third Party Confidential" information. This is confidential information belonging or pertaining to another corporation which has been entrusted to American Reprographics Company & ARC by that company under non-disclosure agreements and other contracts. Examples of this type of information include everything from joint development efforts to vendor lists, customer orders, and supplier information. Information in this category ranges from extremely sensitive to information about the fact that we've connected a supplier / vendor into <Company Name>'s network to support our operations. American Reprographics Company & ARC personnel are encouraged to use common sense judgment in securing American Reprographics Company & ARC Confidential information to the proper extent. If an employee is uncertain of the sensitivity of a particular piece of information, he/she should contact their manager Policy: The Sensitivity Guidelines below provides details on how to protect information at varying sensitivity levels. Use these guidelines as a reference only, as American Reprographics Company Confidential information in each column may necessitate more or less stringent measures of protection depending upon the circumstances and the nature of the American Reprographics Company Confidential information in question. 1.0 Minimal Sensitivity: General corporate information; some personnel and technical information Marking guidelines for information in hardcopy or electronic form. Note: any of these markings may be used with the additional annotation of "3rd Party Confidential". Marking is at the discretion of the owner or custodian of the information. If marking is desired, the words "American Reprographics Company Confidential" may be written or designated in a conspicuous place on or in the information in question. Other labels that may be used include "American Reprographics Company Proprietary" or similar labels at the discretion of your individual business unit or department. Even if no marking is present, American Reprographics Company information is presumed to be "American Reprographics Company Confidential" unless expressly determined to be American Reprographics Company Public information by an American Reprographics Company employee with authority to do so. ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 3 of 7 Access: American Reprographics Company employees, contractors, people with a business need to know. Information Designation: Information related to American Reprographics Company Public and ARC Public are considered as Minimal Sensitive. Distribution within American Reprographics Company: Standard interoffice mail, approved electronic mail and electronic file transmission methods. Distribution outside of American Reprographics Company internal mail: U.S. mail and other public or private carriers, approved electronic mail and electronic file transmission methods. Electronic distribution: No restrictions except that it be sent to only approved recipients. Storage: Keep from view of unauthorized people; erase whiteboards, do not leave in view on tabletop. Machines should be administered with security in mind. Protect from loss; electronic information should have individual access controls where possible and appropriate. Disposal/Destruction: Deposit outdated paper information in specially marked disposal bins on American Reprographics Company premises; electronic data should be expunged/cleared. Reliably erase or physically destroy media. Penalty for deliberate or inadvertent disclosure: Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. 2.0 More Sensitive: Business, financial, technical, and most personnel information Marking guidelines for information in hardcopy or electronic form. Note: any of these markings may be used with the additional annotation of "3rd Party Confidential". As the sensitivity level of the information increases, you may, in addition or instead of marking the information "American Reprographics Company Confidential" or "American Reprographics Company Proprietary", wish to label the information "American Reprographics Company Internal Use Only" or other similar labels at the discretion of your individual business unit or department to denote a more sensitive level of information. However, marking is discretionary at all times. ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 4 of 7 Access: American Reprographics Company employees and non-employees with signed non-disclosure agreements who have a business need to know. Information Designation: Information related to American Reprographics Company Confidential and ARC Confidential are considered as More Sensitive. Distribution within American Reprographics Company: Standard interoffice mail, approved electronic mail and electronic file transmission methods. Distribution outside of American Reprographics Company internal mail: Sent via U.S. mail or approved private carriers. Electronic distribution: No restrictions to approved recipients within <Company Name>, but should be encrypted or sent via a private link to approved recipients outside of American Reprographics Company premises. Storage: Individual access controls are highly recommended for electronic information. Disposal/Destruction: In specially marked disposal bins on American Reprographics Company premises; electronic data should be expunged/cleared. Reliably erase or physically destroy media. Penalty for deliberate or inadvertent disclosure: Up to and including termination, possible civil and/or criminal prosecution to the full extent of the law. 3.0 Most Sensitive: Trade secrets & marketing, operational, personnel, financial, source code, & technical information integral to the success of our company. Marking guidelines for information in hardcopy or electronic form. Note: any of these markings may be used with the additional annotation of "3rd Party Confidential". To indicate that American Reprographics Company Confidential information is very sensitive, you may should label the information "American Reprographics Company Internal: Registered and Restricted", "American Reprographics Company Eyes Only", "American Reprographics Company Confidential" or similar labels at the discretion of your individual business unit or department. Once again, this type of American Reprographics Company Confidential information need not be marked, but users should be aware that this information is very sensitive and be protected as such. ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 5 of 7 Access: Only those individuals (American Reprographics Company employees and non- employees) designated with approved access and signed non-disclosure agreements. Information Designation: Information related to from American Reprographics Company Confidential and ARC Confidential are considered as Most Sensitive. Distribution within American Reprographics Company: Delivered direct - signature required, envelopes stamped confidential, or approved electronic file transmission methods. Distribution outside of American Reprographics Company internal mail: Delivered direct; signature required; approved private carriers. Electronic distribution: No restrictions to approved recipients within American Reprographics Company, but it is highly recommended that all information be strongly encrypted. Storage: Individual access controls are very highly recommended for electronic information. Physical security is generally used, and information should be stored in a physically secured computer. Disposal/Destruction: Strongly Encouraged: In specially marked disposal bins on American Reprographics Company premises; electronic data should be expunged/cleared. Reliably erase or physically destroy media. Penalty for deliberate or inadvertent disclosure: Up to and including termination, possible civil and/or criminal prosecution to the full extent of the law. Enforcement Up to and including termination, possible civil and/or criminal prosecution to the full extent of the law. Definitions Terms and Definitions Appropriate measures To minimize risk to American Reprographics Company from an outside business connection. American Reprographics Company computer use by competitors and unauthorized personnel must be restricted so that, in the event of an atteARC to ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 6 of 7 access American Reprographics Company corporate information, the amount of information at risk is minimized. Configuration of <Company Name>-to-other business connections Connections shall be set up to allow other businesses to see only what they need to see. This involves setting up both applications and network configurations to allow access to only what is necessary. Delivered Direct; Signature Required Do not leave in interoffice mail slot, call the mail room for special pick-up of mail. Approved Electronic File Transmission Methods Includes supported FTP clients and Web browsers. Envelopes Stamped Confidential You are not required to use a special envelope. Put your document(s) into an interoffice envelope, seal it, address it, and stamp it confidential. Approved Electronic Mail Includes all mail systems supported by the IT Support Team. These include, but are not necessarily limited to, [insert corporate supported mailers here…]. If you have a business need to use other mailers contact the appropriate support organization. Approved Encrypted email and files Techniques include the use of DES and PGP. DES encryption is available via many different public domain packages on all platforms. PGP use within American Reprographics Company is done via a license. Please contact the appropriate support organization if you require a license. Company Information System Resources Company Information System Resources include, but are not limited to, all computers, their data and programs, as well as all paper information and any information at the Internal Use Only level and above. Expunge To reliably erase or expunge data on a PC or Mac you must use a separate program to overwrite data, supplied as a part of Norton Utilities. Otherwise, the PC or Mac's normal erasure routine keeps the data intact until overwritten. The same thing happens on UNIX machines, but data is much more difficult to retrieve on UNIX systems. Individual Access Controls Individual Access Controls are methods of electronically protecting files from being accessed by people other than those specifically designated by the owner. ARCSD111 – Information Sensitivity Policy ARC Document Solutions ARCAD111 – IT Info Sensitivity Page 7 of 7 On UNIX machines, this is accomplished by careful use of the chmod command (use man chmod to find out more about it). On Mac’s and PC's, this includes using passwords on screensavers, such as Disklock. Insecure Internet Links Insecure Internet Links are all network links that originate from a locale or travel over lines that are not totally under the control of <Company Name>. Encryption Secure American Reprographics Company Sensitive information in accordance with the Acceptable Encryption Policy. International issues regarding encryption are complex. Follow corporate guidelines on export controls on cryptography, and consult your manager and/or corporate legal services for further guidance. One Time Password Authentication One Time Password Authentication on Internet connections is accomplished by using a one time password token to connect to <Company Name>'s internal network over the Internet. Contact your support organization for more information on how to set this up. Physical Security Physical security means either having actual possession of a computer at all times, or locking the computer in an unusable state to an object that is immovable. Methods of accomplishing this include having a special key to unlock the computer so it can be used, thereby ensuring that the computer cannot be simply rebooted to get around the protection. If it is a laptop or other portable computer, never leave it alone in a conference room, hotel room or on an airplane seat, etc. Make arrangements to lock the device in a hotel safe, or take it with you. In the office, always use a lockdown cable. When leaving the office for the day, secure the laptop and any other sensitive material in a locked drawer or cabinet. Private Link A Private Link is an electronic communications path that American Reprographics Company has control over its entire distance. For example, all American Reprographics Company networks are connected via a private link. A computer with modem connected via a standard land line (not cell phone) to another computer have established a private link. ISDN lines to employees’ homes is a private link. American Reprographics Company also has established private links to other companies, so that all email correspondence can be sent in a more secure manner. Companies which American Reprographics Company has established private links include all announced acquisitions and some short-term temporary links Revision History American Reprographic Company Data Center Technology & Security ARC Cloud Computing Infrastructure ARC’s is proud to announce recent improvements to our Fremont based Technology Center. Cloud computing has been a hot topic in the industry for a few years now and ARC has been in lock step all the way. ARC is now offering on demand cloud computing with a bang while going green at the same time. With our fleet of product offerings, including PlanWell Collaboration, IshipDocs and PlanWell Enterprise to name a few, ARC is poised to meeting all of the industry’s most challenging Reprographic needs. ARC Technology Center host all ARC’s Flag Ship Products including: American Reprographic Company Data Center Technology & Security ARC Technology Center Enhancements: Storage 2 EMC CLARiiON CX4 – 240 ‐ Total capacity of 150 TB Storage Space Server 3 HP C7000 Blade Enclosures with: 21 HP BL490c G6 Servers for Application & File Sharing 6 HP BL685c G7 Servers for Microsoft SQL Database Software Microsoft Windows 2008 64bit Operating System VMware ESXi 4.1 Virtualization Software Network Infrastructure Redundant ISP’s for Production Site Failover BGP & HSRP for ISP Failover during vendor outages Redundant F5 Load Balancers for Load Balance Web Servers Redundant Cisco PIX Firewalls Redundant Juniper Netscreen Servicing Remote Server Connections Disaster Recovery VMware Site Recovery Manager for Automatic Production Site Failover EMC Recoverpoint Replication for LUN Level Replication Security With the growing demand for storage on demand the ARC Technology center has more than tripled our storage space, now hosting 150TB of Storage. With BIM products becoming available soon ARC has partnered with EMC to deliver a high speed, scalable state of the art Storage Area Network (SAN) solution. Below is a brief description of the features of the EMC Clariion CX4‐240. The ARC Technology center has implemented 2 EMC Clariions, one at our Fremont Based Technology Center and the other at our Disaster Recovery Site in Sacramento CA for data replication and security Best-in-class performance for midrange networked storage Features Benefits FAST Automate storage tiering to lower costs and deliver higher service levels FAST Cache Extend cache capacities for accelerated system performance and automatic absorption of unpredicted spikes in application workloads. Compression Compress inactive data and reclaim valuable storage capacity, reducing your footprint by up to 50 percent. Flash drives Extend your tiering capabilities by establishing a new tier 0 for ultra high performance. UltraFlex™ technology Leverage flexible connectivity options, online expansion, and the ability to integrate future technologies. Virtualization‐aware management Gain real‐time, dynamic view of virtual environments with end‐to‐end mapping and reporting capabilities. Three‐year enhanced support Get unlimited online self‐help, proactive remote support, software upgrades, 24x7 call center response, and 9x5 onsite t Storage 150TB EMC CLARiiON CX4 Model 240 Server Configured Components 3 HP BLC7000 CTO 3 IN LCD ROHS ENCL 6 HP B‐SERIES 8/12C BLADESYSTEM SAN SWITCH 12 HP BLC GBE2C LY 2/3 SWITCH 18 HP 2400W HIGH EFFICIENCY POWER SUPPLY 12 HP BLC ENCL SINGLE FAN OPTION 3 HP BLC7000 1 PH FIO POWER MODULE OPT 21 HP BL490C G6 CTO BLADE 21 HP E5540 BL490C G6 FIO KIT 21 HP E5540 BL490C G6 KIT 252 HP 4GB 2RX4 PC3‐10600R‐9 KIT 21 HP BLC NC326M NIC ADAPTER OPT KIT 21 HP BLC QLOGIC QMH2562 8GB FC HBA OPT 21 HP 2GB USB FLASH MEDIA DRIVE KEY KIT 6 HP BL685C G7 CTO BLADE 6 HP BL685C G7 O6174 12C 2P FIO KIT 6 HP SMART ARRAY BL465C/685C G7 FIO CNTRLR 48 HP 8GB 2RX4 PC3‐10600R‐9 KIT 12 HP 146GB 6G SAS 15K 2.5IN DP ENT HDD 6 HP BLC QLOGIC QMH2562 8GB FC HBA OPT Servers ‐HP Blades ARC Technology Center has increased its computing power while going green in the process. While implementing HP’s Blade servers for virtualization, the Technology Center was able to move from 100 stand‐a‐lone servers to 27 HP Blade servers. The switch allows the Technology Center to save cost on power consumption and cooling, while increasing the overall computing power. We have added two base line servers in the HP C7000 Blade Enclosures. The HP Full Height BL685c G7 clustered for SQL Databases and the HP Half Height BL490c G6 for Web, Application and File Sharing Servers. With this configuration no application is fully dependent on one server. All applications can run on any server at any time. Servers ‐HP Blades Schematic Diagram—HP Blade Architecture FANSTATUS 1 2 3 4 5 6 7 8 9 Power Supply 1 Power Supply 2 Catalyst 6500SERIES This diagram shows the built in redundancy of the HP C7000 Blade Enclosure. All NICs, Fiber Connections, Management connection, power connections, and fans are all redundant to provide a no single point of failure solution. Software While the industry moves toward Cloud Computing, several keys are needed to achieve this. The ARC Technology Center has achieved this by investing in VMware Virtualization Technology. The Tech Center has partnered with VMware to create a virtualized environment for Cloud Computing. While implementing VMware’s latest software release ESXi 4.1 on all of our HP Blade BL490c G6 servers. The Tech Center has created a virtualized 14 Server VMware Cluster in Fremont for redundancy and Cloud Computing. Gone are the days of the tedious task of purchasing servers and software for implementing a new application for hosting a sever for customer. With the implementation of VMware we can build servers in less than an hour at absolutely no additional cost. From preconfigured Templates the Tech Center can create Web servers, Application servers, File servers etc., The ARC Technology Center can deliver them on demand which is what cloud computing is all about. The Tech Center has stream lined it’s Operating systems to Microsoft Windows 2008 64bit and Redhat Linux Enterprise. ARC’s Data Center Topology /Design and Measures. Our portfolio covers all three critical security areas: physical security; operational security; and Network/System security. Physical security includes locking down and logging all physical access to servers at our data center. Operational security involves creating business processes that follow security best practices to limit access to confidential information and maintain tight security over time. Network/System security involves locking down customer systems from the inside, starting with hardened operating systems and up‐to‐date patching, Perimeter protection using Cisco PIX , IDS , RADIUS/TACACS, Secure IDs F5 Load Balancers, Cisco Catalyst 6509 and PIX Power ARC Data Center Network Security ARC Technology Center has architected a multi‐layered approached to secure and defend data from external attack. We leverage state‐of‐the‐art hardware and software security methods to prevent unauthorized intrusion by external users attempting to access data. Our infrastructure proactively deters and monitors for external attacks and unauthorized intrusions.ARC Technology Center employs experienced engineers, system administrators and IT professionals who pass through rigorous testing, confidentiality agreements and background checks to secure data. ARC Technology Center team is proactively monitoring and deploying new security measures via software and hardware on a regular basis as appropriate. Multi‐Layer Network Security Protection ARC Technology Center deploys a “Multi‐Layered Network Security Protection System” to Secure and defend data from intrusion and attack. Between our servers which house customer data and the internet, there are four layers of network security protection: 1. Router‐ Cisco The first line of defense to protect data is the router that resides in front of the firewall. The router is specifically configured to block the most prevalent worm attacks on the web by scanning and analyzing header and packet information. Via the scanning process, each packet is inspected and either granted authorized access or denied before ever reaching the firewall. The router is the initial line of defense to eliminate unauthorized and unnecessary traffic and blocks it from gaining access to the Firewall. 2. Firewall‐Cisco All information and data requests that pass through the router must next pass through the firewall. The firewall places strict limits on ports and protocols and provides the second layer of protection for data: NAT (Network Address Translation) also knows as Network or IP Masquerading technology is used in the data center firewall to provide an extra layer of security. Network Infrastructure Disaster Recovery These days with the possibility of disasters everywhere, the ARC Tech Center has upgraded it Disaster Recovery Site Sacramento CA by virtually replicating our Production Site in Fremont. For minimum downtime in the event of disaster the ARC Tech Center has minimized it’s disaster recovery windows from days to hours. By taking advantage of EMC’s Recover Point Replication Software and VMware’s Site Recovery Manger, the ARC Technology Center can complete a Site Failover over in virtually minutes and be up and running in less that 4 hours. This is achieved by continuously replicating all critical data to the DR Site. So all data resides in both location. During a Disaster systems at the DR Site are automatically started. Data is flushed from Caches and presented to all Host Servers and the DR Site is fully functional. Security Network Security · Written network access security policies readily accessible: – Password policies (such as not sharing, lengths, forced renewal, aging) – Acceptable use (ISP not allowed to run programs that are illicit or illegal; use of sniffers or cracking/hacking programs are not required) – Documented user responsibilities on security in company policies and re‐enforced by education – Asset protection · Network security infrastructure in place: – Perimeter protection (firewalls, filtering router) – Intrusion detection – Authentication and authorization (passwords, RADIUS/TACACS, Secure IDs) – Backup and recovery systems to restore after a problem, such as load balancing, failover protection – Regular assessment of network infrastructure – Assessment of network expansions or additions – Tape or media storage offsite backup – Regularly scheduled security audits – Server antivirus software protection Operations · Database of all installed equipment and configurations · Toll‐free telephone support Supported monitoring: – 24x7 monitoring of dedicated servers and network equipment (note both frequency and method, such as PING, Simple Network Management Protocol [SNMP]) – 24x7 monitoring of the health of the equipment with alarms and pager alerts for network failure and failovers – 24x7 monitoring firewall services available – Alternate NOC available – Second‐tier support personnel located nearby · Trouble ticket processes: – Created and logged for all unusual or unexpected events · Automated case escalation procedures in place including escalation timeframes · Reporting that provides trending statistics on trouble tickets and minutes (above) to facilitate quality and customer reports · Performance reporting and end‐user impact monitoring · Periodic and exception reports provided to customers (including usage and problem reports) · Spare equipment on site for key networking equipment available in case of hardware failure · Business continuity plan: – Daily site backups – Tape vaults or other secure storage facilities on site in case of natural disaster – Onsite and offsite storage available · Customer callout and escalation database · Intercom system · Written procedures for each customer on alarm handling Technology Center The ARC Technology Center has purchased two new Standby Generators for Power Backup at both, the Production Fremont Data Center and the Sacramento DR Data Center Sacramento Model: DSFAE Frequency: 60 Fuel type: Diesel KW rating: 80 standby 72 prime Emissions level: EPA Nonroad Tier 3 Fremont Model DSGAB Cummins Power Generation diesel driven generator set standby rated 125 KW, 156 KVA, 277/480 volts, 3 ø, 3 or 4 wire, 60 Hz, 1800 RPM with all standard accessories and The ARC Technology Center has purchased a New APC UPS to provide battery backup power at both the Production Fremont Data Center and the Sacramento DR Data Center Facility and Physical Requirements · Multiple physically separate connections to public power grid substations · Continuous power supply with backup uninterruptible power supply (UPS) systems: – Adequate UPS capacity including air conditioning and lights – UPS systems tested at full load on monthly schedule – Fuel for generators (48 hours) kept on premises and monitored for local environmental compliance · Formalized physical facility preventive maintenance program · Sub‐breakers per relay rack or lineup · Power filtering in UPS system Physical Security · Written security policies readily accessible: – Badge sharing and piggy back entry rules – All visitors must be admitted through reception – Written statement of work upon sign‐in Building access procedures: – Limited number of building entrances in compliance with local fire ordinance – Provide access to limited and managed security policies for all facility entrances – 24x7 onsite security guards – Visitor‐logging procedure · Equipment locations: – Video surveillance and motion sensors for entrances, interior doors, equipment cages, and critical equipment locations within the building ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 1 of 6 CTRL # SD101 Revision: 1.1 Prepared by: DJW Effective Date:01/16/2006 Approved by: Rahul Roy Title: ARCSD101 – IT VULNERABILITY ASSESSMENT Policy: ARC shall regularly evaluate its IT systems and network for threats and vulnerabilities in order to protect its IT assets and reduce ARC’s risk. Purpose: To describe a procedure for identifying potential threats to ARC’s information technology assets (IT assets) and assessing threats on the basis of probability and risk. Scope: This procedure applies to all ARC IT assets, including the IT network. Responsibilities: The Compliance Officer is responsible for conducting threat assessments of the IT network and reporting on the results of such assessments. Also, the Compliance Officer is responsible for continually monitoring threats and taking actions to mitigate risk to ARC’s IT assets. Director of Information Technology is responsible for evaluating the results of a threat assessment, assessing the level of risk to various IT assets, and recommending actions that mitigate risk. Definitions: Risk – Possibility of losing availability, integrity, or confidentiality of IT assets due to a specific threat; also, the product of threat level and vulnerability level. Threat – Expression of intent to inflict evil, injury, or damage; potential violation of security. Threat Assessment – A process by which types of threats an IT network might be vulnerable to and where the network is most vulnerable are identified. Vulnerability – Flaw or weakness in a system's design, implementation, or operation and management that could be exploited. Procedure: 1.0 IT VULNERABILITY ASSESSMENT – INTRODUCTION 1.1 In order to prepare for threats to its IT assets and infrastructure, ARC must be aware of the types of threats that exist, the likelihood that they will occur, their potential impact, and the risk these threats may pose to ARC. 1.2 Threats may be natural or manmade. Natural threats include floods, storms, and earthquakes. Manmade threats may be accidental or intentional. Examples of manmade threats include use of unauthorized hardware or software and having unauthorized access to Company systems. ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 2 of 6 Intentional threats exist both outside ARC and within. According to one survey (see Additional Resource I), four-fifths of respondents believed the greatest threats to their organizations were internally-based. 1.3 The risk posed by any given threat is a function of the combined likelihood of the threat occurring and the impact it would have on ARC’s assets (hardware, software, data, network/infrastructure, and personnel) if it were to occur. While risk to ARC IT assets cannot be completely eliminated, ARC must make all reasonable efforts to minimize risk. Those efforts should begin with assessing threats and risks. 2.0 IT VULNERABILITY ASSESSMENT PREPARATION 2.1 In advance of conducting a threat assessment of any of ARC’s IT systems, the Compliance Officer shall establish a baseline for assessment, identifying systems to be assessed (accounting, HR, sales, etc.) and determining their interconnectivity with other systems. ARCAM102-5 – IT ASSET INVENTORY DATABASE and ARCAM102-6 – IT NETWORK MAP should be used as guides. 2.2 The Compliance Officer should identify and describe threats that may target the IT assets and systems under consideration by one or more of the following means: Periodically (at least once a month) reviewing ARCSD106-1 – ACCESS CONTROL LOG for threat occurrences, such as unauthorized system access; Reviewing IT incidents for trends and/or patterns, in accordance with procedure ARCSD110 – IT INCIDENT HANDLING; Reviewing any system test (test script, test procedures, expected results, etc.) for vulnerabilities testing; Conducting penetration testing at irregular intervals, to verify the IT network’s ability to withstand intentional atteARCs at circumventing IT security (see Additional Resource F). 2.3 The Compliance Officer may acquire additional information for developing the assessment baseline by routinely reviewing threat alerts and bulletins from vendors, standards organizations, etc. Subscribing to one or more threat alert mailing lists is recommended (see Additional Resource G). 2.4 To determine if ARC needs to act on any given threat and to what extent it should act, the Compliance Officer shall classify threats / vulnerabilities should in the following manner: The likelihood of threats occurring, according to information provided by external sources (see Additional Resources B – D). Threat likelihood may be categorized as: a. Low – the threat is unlikely to occur. For example, the Company’s three sites are all more than 500 miles from any ocean, so a hurricane or typhoon would not normally be a threat to the Company; ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 3 of 6 b. Medium – the threat may occur. For example, one or more of the Company’s sites is located in an earthquake zone, so an earthquake is likely to have an effect on the Company; and c. High – the threat is likely to occur. For example, if the Company does not require password access to computers or data stores, the likelihood is high that someone will eventually access and steal or compromise Company data. The impact of threats, in the absence of protection, and the possible or likely consequences of each. Threat impact may be classified as: a. Low – the threat may result in minimal loss of Company assets / resources; b. Medium – the threat may result in a significant loss of Company assets / resources, harm the Company’s mission or interests, or result in injury to an employee; and c. High – the threat may result in a very costly loss of Company assets / resources, significantly harm the Company’s mission, interests, or standing, or result in serious or fatal injury to an employee. An exposure rating or risk assessment shall be based on likelihood and impact ratings. A risk matrix is prescribed (Figure 1), with likelihood running from low to high along one axis and impact running from low to high on the other axis. The resulting exposure rating / risk assessment shall be used to prioritize threats (Figure 2). a. High-risk threats require the highest security levels and present the greatest need for immediate action, if existing security tools and techniques are inadequate. b. Low-risk threats may require little or no response on the part of the Compliance Officer. Impact Low Medium High Li k e l i h o o d High Low Medium High Medium Low Medium Medium Low Low Low Low Figure 1 – Risk Matrix ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 4 of 6 Risk Level Description and Actions High Preventive actions are required and a preventive action plan shall be developed and implemented as soon as possible. Medium Preventive actions are required and a plan to incorporate those actions within a reasonable time frame shall be developed. Low IT Management should confer with managers of affected systems to determine if preventive action is required or if risk is acceptable. Figure 2 – Threat Priority 3.0 IT VULNERABILITY ASSESSMENT 3.1 At regular intervals (once every six months, at least), the Compliance Officer shall conduct a threat/vulnerability scan of the IT network. This scan should be performed using commercially available software designed expressly for the purpose (see Additional Resource F). 3.2 The Compliance Officer shall review scan results and analyze the findings in order to determine if ARC needs to act on them and to what extent. 3.3 The Compliance Officer shall create ARCSD101-1 – THREAT ASSESSMENT REPORT, summarizing assessment findings and containing the following information, at a minimum: Systems reviewed; Number of threats found this period and last; and A summary of identified threats. 3.4 The Compliance Officer shall submit ARCSD101-1 to Director of Information Technology and the affected systems’ management for their review. The Sox Compliance Committee and management of the affected systems shall determine if preventive actions are required, in accordance with ARCSD110 – IT INCIDENT HANDLING. 4.0 IT VULNERABILITY ASSESSMENT MANAGEMENT REVIEW 4.1 The Compliance Officer shall periodically review the risk assessment process to ensure its continued timeliness and applicability. Historical data from ARCSD101-1 (i.e., number, nature, and severity of threats over time) shall help determine if risks are under control. 4.2 Any time a significant implementation, revision, etc., takes place, the Compliance Officer shall review the risk assessment process, to ensure existing controls are applicable to such changes or if improved controls are required. ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 5 of 6 Additional Resources: A. Microsoft TechNet provides a Security Risk Management Guide online that small businesses may find helpful. This guide can be found at http://www.microsoft.com/technet/security/topics/policiesandprocedures/secrisk/d efault.mspx. B. SANS (SysAdmin-Audit-Network-Security) Institute – SANS is one of the largest sources for information security training and certification in the world. SANS develops, maintains, and makes available (at no cost) the largest collection of research documents about various aspects of information security and it operates the Internet's early warning system, the Internet Storm Center. Information on SANS is available at http://www.sans.org/aboutsans.php. C. The Institute of Internal Auditors (IIA) is another good source of information on tools and resources for managing security. The IIA’s web site address is http://www.theiia.org/. D. Klevinsky, Laliberte, and Gupta, Hack I.T. – Security Through Penetration Testing, Addison-Wesley, 2002. E. Vulnerability scan tools are readily available via the Internet; one example is the Microsoft Baseline Security Analyzer (MBSA), which may be found at http://technet.microsoft.com/default.aspx. A list of other vendors and their scan tools may be found at the Network Computing web site (see http://www.nwc.com/showitem.jhtml?articleID=15000643). F. Microsoft, SANS, ZDNet, and a number of other sources issue security (threat) alerts through public media and e-mail. Companies and individuals may usually subscribe to e-mail alerts at no cost to them. It is strongly recommended that the Company subscribe to at least one e-mail alert list. G. Power, Richard, "1999 CSI/FBI Computer Crime and Security Survey," Computer Security Issues & Trends, Computer Security Institute, Winter, 1999. References: A. SARBANES-OXLEY ACT OF 2002 Threats to company information can come from within as well as from the outside, as incidents at Enron and WorldCom have shown. The Sarbanes-Oxley Act, passed by the U.S. Congress in 2002, was designed to prevent manipulation, loss, or destruction of publicly-held companies’ records by requiring public companies to exercise adequate internal controls. Conducting regular threat assessments helps companies comply with the requirements of the Act and makes good business sense. B. CONTROL OBJECTIVES FOR INFORMATION AND RELATED TECHNOLOGY (COBIT) COBIT is a process model developed to assist enterprises with the management of information technology resources. The process model focuses on developing suitable controls for each of 34 IT processes, or control objectives, in an effort to ARCSD101 – IT VULNERABILITY ASSESSMENT ARC Document Solutions ARCSD101 – IT VULNERABILITY ASSESSMENT Page 6 of 6 raise the level of process maturity in information technology and satisfy the business expectations of IT. In particular, COBIT Control Objective PO9 (Assess Risks) spells out objectives for risk assessment, identification, measurement, and acceptance, among others. Detailed information on COBIT and on COBIT Control Objectives may be found at http://www.isaca.org or at http://www.itgi.org/. C. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 (HIPAA) The Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) creates national standards to protect individuals' personal health information and gives patients increased access to their medical records. As required by the Health Insurance Portability and Accountability Act (HIPAA), passed by the U.S. Congress in 1996, the Privacy Rule covers health plans, health care clearinghouses, and those health care providers who conduct certain financial and administrative transactions electronically. Most covered entities (certain health care providers, health plans, and health care clearinghouses) must comply with the Privacy Rule by April 14, 2003. Small health plans have until April 14, 2004 to comply with the Rule. D. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST) SPECIAL PUBLICATION #800-30 – RISK MANAGEMENT GUIDE FOR INFORMATION TECHNOLOGY SYSTEMS (JULY, 2002) This publication is available at http://csrc.nist.gov/publications/nistpubs/800- 30/sp800-30.pdf. Revision History: Revision Date Description of changes Requested By 1.0 1/16/2006 Initial Release Demetrius J. Wallace Sr. SCHEDULE “A” Software as a Service (SaaS)Provider Information Security Agreement Schedule A City of Palo Alto Proprietary and Confidential Page 1 of 5 SaaS Provider Security Agreement v1.3 Need to Know Only Raj Patel July. 10, 2012 [This Schedule A – Information Security Requirements (Schedule “A”) shall be subject to the terms and conditions of that Master Service Agreement/General Procurement Agreement/Service Level Agreement/Professional Services Agreement between the SaaS provider and the City of Palo Alto, (“the City”), dated March 1, 2015 (“Agreement”). This Schedule A – SaaS provider provider Security Agreement (Schedule “A”) must be included in contracts with the SaaS provider provider provider]. [The Software as a Service (SaaS) is a software distribution model in which applications are hosted by a vendor or service provider and made available to customer over a network, typically the internet]. Any capitalized item here in will has the same meaning as that same capitalized term under the Agreement unless noted otherwise herein or the definition of such capitalized item can be reasonably inferred from the context herein. To assure the security of the City the SaaS provider must define, develop, implement and maintain a secure environment to deliver the Services to the City that meets the requirements listed below in sections (a) through (w). In the event that the SaaS provider cannot meet the City’s security requirements, the SaaS provider may submit an exception with alternative countermeasures to address the risk. The City’s Information Security Manager may approve or reject the exception request depending upon the risk associated with the exception request. The IT environment must be documented and implemented prior to accessing, hosting or connecting to any component of the City's information assets or systems. The environment is defined as including, but not limited to, all of the following: Hardware and software systems and services used to provide the Services to the City Server and support components needed to run the software and services, including their configuration and interfaces to other servers and support components LAN and WAN networks connecting the servers and support components, including connection to Customer's systems Exhibit E SCHEDULE “A” Software as a Service (SaaS)Provider Information Security Agreement Schedule A City of Palo Alto Proprietary and Confidential Page 2 of 5 SaaS Provider Security Agreement v1.3 Need to Know Only Raj Patel July. 10, 2012 Operations and maintenance processes needed to support the environment, including disaster planning Performance and capacity monitoring, and backups, and confidentiality and integrity technology to ensure a secure and reliable environment, including firewalls, virus detection, intrusion monitoring and encryption. The SaaS provider must comply with the following sections: (a) A single SaaS provider executive officer must be named as the “security liaison” for the City's Information assets (including the City's information, as applicable) under the care of the SaaS provider. (b) Prior to commencing any services for the City, the SaaS provider must complete the City’s Supplier Security Assessment Questionnaire, including the implementation of required countermeasures identified by the City’s Information Security Manager. (c) The SaaS provider must have information security policies that are documented, accessible to the City and aligned with ISO 27002 – Information Security Management Standard (ISMS): http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) The SaaS Provider must conduct routine information security training of personnel that is appropriate to their role. (e) The SaaS provider must develop and maintain detailed documentation of the Support and Services environment, including versions and patch levels. The Saas provider must provide a copy of these documents to the City’s Information Security Manager upon request. (f) The SaaS provider must have a verifiable process of performing background checks, consistent with industry standards, on workers sufficient to establish a level of trust, as to the worker's identity, and a means to register the worker's employment status that triggers removal of access to the City's data when the worker's role no longer requires access or worker's employment is terminated. (g) The SaaS provider must have a verifiable process to track all hardware and software used to provide services to the City and or the City's departments. (h) The SaaS provider must deploy access accountability (identification and authentication) architecture and support Role Base Access Control (RBAC) mechanism for all personnel, systems and software used to provide the services. (i) The SaaS provider must be able to demonstrate to the City that all elements of the SCHEDULE “A” Software as a Service (SaaS)Provider Information Security Agreement Schedule A City of Palo Alto Proprietary and Confidential Page 3 of 5 SaaS Provider Security Agreement v1.3 Need to Know Only Raj Patel July. 10, 2012 Services environment design and deployment are known to the SaaS provider, and are implemented with accepted industry best practices for secure coding and secure IT architecture. (j) The SaaS provider must provide and maintain secure intersystem communication paths, ensuring the confidentiality, integrity and availability of the City's data. (k) The SaaS provider must deploy and maintain system upgrades, patches and configurations conforming with the current patch and/or release level not more than a week from release. Emergency security patches must be installed within 24 hours from release. (l) The SaaS provider must provide detection of, response to and reporting of security incidents, including on-going incident monitoring with logging. (m) The SaaS provider must notify the City’s Information Security Manager immediately for security incidents. Security incidents are defined as unauthorized access to or misuse of the City's data. (n) In the event the SaaS provider is required to engage a 3rd party service provider(s) affecting to the services provided to the City then the SaaS provider must gain formal approval from the City’s Information Security Manager, prior to engaging the 3rd party service provider(s). (o) The SaaS provider must perform regular security audits (quarterly minimum), and provide required summary reports of these audits to the City’s Information Security Manager. (p) The SaaS provider must also accommodate (upon reasonable notice) random site security audits by the City’s Information Security Manager, including the SaaS provider’s 3rd party service provider(s), as applicable. The scope of these audits will include awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) The SaaS must cooperate with the City to ensure that, as may be required by applicable government regulations, sensitive and secured government information will only be accessible by the SaaS provider’s authorized personnel who are US citizens and that such data will be segregated and stored only in the US. (r) The SaaS provider must perform regular, reliable (the City approved) secured backups of all data needed by the Application Services to maximize availability of the Services. (s) The SaaS provider must submit their data backup, data archive and backup media access procedures to the City’s Information Security Manager and receive a formal SCHEDULE “A” Software as a Service (SaaS)Provider Information Security Agreement Schedule A City of Palo Alto Proprietary and Confidential Page 4 of 5 SaaS Provider Security Agreement v1.3 Need to Know Only Raj Patel July. 10, 2012 approval from the Information Security Manager for the procedures. (t) The SaaS provider must not store any classified information or any Private Information (PI) or Personally Identifiable Information (PII) or Sensitive Information (SI) about peoples in the SaaS provider’s business systems. In the event that the SaaS provider required to store, process or back-up such information the SaaS provider must request a formal authorization from the City’s Information Security Manager. (u) The SaaS provider must comply with US Federal, State and Local government data privacy requirements. “Access to US Federal, State or Local government data must not be provided to a third party or non-US national. An analysis of this data privacy requirement must be performed and documented by the project team. If data privacy issues around US Federal, State or Local government data are identified. (v) The SaaS provider must use the City’s approved data exchange architecture and technology to exchange the authorized data with the City and within the scope of the Master Service Agreement (MSA) with the City. In the event that the SaaS provider is required to exchange any sensitive and confidential documents via email then the SaaS provider must “securely encrypt” the document(s). (w) The SaaS provider must acknowledge and accept that in no event the SaaS provider will hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City’s IT environment including but not limited to email and network communications. --------------------------------------------------- End Of Document -------------------------------------------------- City of Palo Alto (ID # 8028) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: AB 1236 - Electric Vehicle Supply Equipment Title: Adoption of an Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle Charging Stations (AB 1236) From: City Manager Lead Department: Development Services Department Recommendation Staff recommends that City Council adopt the proposed ordinance (Attachment A), which outlines an expedited and streamlined permitting process for electric vehicle charging stations in compliance with Assembly Bill 1236, and find the ordinance exempt from review under the California Environmental Quality Act (CEQA). Background Assembly Bill 1236, adopted in October 2015, added Government Code Section 65850.7 to require jurisdictions with a population of less than 200,000 to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. Under Section 65850.7, a jurisdiction must adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance must include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. Essentially the Assembly Bill is attempting to remove unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and business concerns to install electric vehicle charging stations. The purpose of this Assembly Bill is to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. An electric vehicle charging station is any level of Electric Vehicle Supply Equipment (EVSE) station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Assembly Bill 1236 suggests that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: City of Palo Alto Page 2 Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. Discussion In advance of AB 1236, the Development Services Department had already taken deliberate and purposeful steps well in advance of the Assembly Bill to streamline and simplify the EVSE Permitting Process. The Building Official had already created Submittal Guidelines (Attachment B) for Residential Electric Vehicle Charging Station – Expedited Review, which can be used by an applicant or contractor by filling in the blanks with the required information and attaching the manufacturer’s installation instructions, technical specifications, and a simple plan. If all the information is provided and the proposal complies with the applicable building codes, then the review and approval process can usually be performed over-the-counter or within a day or two depending upon workloads and staff levels at the time of submission. The City currently expedites the review of residential electric vehicle charging stations by conducting over-the-counter reviews utilizing the current Building Division plan review staff. Large commercial projects with multiple charging stations that may require the electrical service upgrades are more complex and require additional coordination with the fire and utilities divisions. As a result, these large projects are mostly reviewed on a submittal basis which requires they be distributed to the various departments for a standard 30-day review process. These larger projects take longer to review and approve because they are more complex and involve multi-departmental review and approval. The goal is to ensure health and safety while ensuring a streamlined and predictable review process, which again complies with the state statute. City of Palo Alto Page 3 Table 1: EVCS Activity for Commercial and Residential Permits Table 1 represents the total number of EVSE permits issued over the last five quarters. The height of the bar represents the total number of EVSE permits submitted for review. The blue portion of each bar represents that total number of EVSE permits that were reviewed Over the Counter (OTC) while the red represent those that required a standard 30-day review period prior to issuing the permit. As one can observe the majority of EVSE permits are issued over the counter (i.e. blue) and those reviewed for 30-days (i.e. red) are typically more complex commercial projects. The second graph (Table 2) is a break-out of the Residential EVCS permit activity for the past five (5) quarters. Almost all of the residential EVCS permits have been reviewed OTC with an average 89% for the past 5 quarters and in some quarters 100% of the time. In the few cases, where additional review time was required, these EVCS projects included an electrical service panel upgrade to support the additional electrical loads, thus more complicated and requiring lengthier review. City of Palo Alto Page 4 Table 2: EVCS Activity for Residential Permits To further simplify the permitting process staff is now in the process of developing an online application process for all residential photovoltaic, solar hot water, and electric vehicle charging stations by December 31, 2018. The ultimate goal is to be in a position to perform electronic plan review on these types of applications by January 1, 2019 thereby expediting the review process. Resource Impact Adoption of this ordinance will potentially result in the need for additional staffing resources during peak periods to accommodate workloads and to update the City website and guidebooks. As the city pursues its electronic plan check process additional hardware and software will be necessary to support the review process, where a contracted technologist will be required to assist with development and implementation of electronic plan reviews and online applications submittals. Any funding request for additional resources will be contingent upon approval by the City Council and evaluated as part of subsequent budget cycle. Environmental Review Adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) per CEQA Guidelines sections 15061(b)(3), because it can be seen with certainty that the proposed ordinance will have no significant negative impact on the environment. City of Palo Alto Page 5 Attachments: Attachment A Ordinance Permitting Process for Electric Vehicle Charging Station (AB1236) Attachment B EVSE - Residential Submittal Expedited Not Yet Approved 170509 jb AY/2017-0509 Expedited Permitting Process for EVCS Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Setting Forth Procedures For Expediting Permitting Processing For Electric Vehicle Charging Systems The City Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. A. The State of California and the City of Palo Alto have consistently promoted and encouraged the use of fuel-efficient electric vehicles. B. The State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems. C. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels. SECTION 2. Section 16.14.440 of Chapter 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code is hereby added to read: 16.14.440. Expedited Permitting Process for Electric Vehicle Charging Stations (a) Definitions (1) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (2) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (3) “Electronic submittal” means the utilization of one or more of the following: i. Electronic mail or email. ii. The internet. iii. Facsimile. (b) Expedited Permitting Process. Consistent with Government Code Section 65850.7, Not Yet Approved 170509 jb AY/2017-0509 Expedited Permitting Process for EVCS the Chief Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website. (c) Permit Application Processing (1) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (2) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Chief Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Chief Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Chief Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (3) The Chief Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. (4) Permit applications under this section may be submitted electronically, including electronic signatures on all forms, applications, and other documentation. (d) Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Chief Building Official’s authority to address higher priority life-safety situations. If the Chief Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as Not Yet Approved 170509 jb AY/2017-0509 Expedited Permitting Process for EVCS defined in this section, the City may require the applicant to apply for a use permit. SECTION 3. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 4. CEQA. The City Council finds that this Ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations Section 15061(b)(3) because it can be seen with certainty that there is no possibility it will have a significant negative effect on the environment. SECTION 5. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ Senior Deputy City Attorney ____________________________ Director of Development Services Residential Electric Vehicle Supply Equipment - Expedited Page 1 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 DEVELOPMENT SERVICES – BUILDING DIVISION SUBMITTAL GUIDELINES: RESIDENTIAL ELECTRIC VEHICLE CHARGING STATIONS EXPEDITED REVIEW EFFECTIVE: 05/10/2017 SCOPE: RESIDENTIAL APPLICABLE CODES: 2016 CBC, CRC, CPC, CMC, CEC, CALGreen, CEnC, and PAMC The information provided in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate. PURPOSE The purpose of this guideline is to assist permit applicants in streamlining the permitting, installation and inspection process for Residential EV Chargers. TYPES OF ELECTRIC VEHICLE (EV) CHARGERS Be aware that there are different types of Electric Vehicle (EV) Chargers. There are 2 basic types of EV chargers for home use (Level 1 and Level 2). LEVEL 1 Level 1 Chargers are smaller units that plug directly into a standard 120 volt receptacle outlet. These types of chargers typically require a longer period of time to recharge the vehicle. As long as the receptacle outlet being used to plug-in the Level 1 Charger exists, there is no requirement to secure a permit from the Building and Safety Division. On the other hand, if you will be installing a new 120 volt receptacle outlet for the charger, you will need to obtain a permit—but you will not need to provide any plans or electrical load calculations as would be required for the more powerful Level 2 type charging systems. LEVEL 2 A Level 2 EV charging system requires a 240 volt electrical circuit and charges the vehicle battery much faster than a Level 1 charger. Level 2 charger installations typically require an electrical permit and inspections of the installation. In order to obtain the permit you will need to provide some basic information to show that your existing electrical service can handle the added load. Installing a Level 2 EV charging system requires changes to building’s electrical wiring. Before installing the EV charging equipment and the associated wiring, talk to your EV manufacturer about the electrical requirements for the charger unit to be installed at your home. Be sure to use a licensed Electrical contractor whose state contractor’s license and insurance are current. The Residential Electric Vehicle Supply Equipment - Expedited Page 2 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 contractor should follow the installation instructions of the EV charger manufacturer and the requirements of California Electrical Code. SUBMITTAL REQUIREMENTS This Residential EV Charger Permit Guideline has been developed to streamline the permit, installation and inspection process. In most cases, you or your contractor merely need to fill-in the blanks on this document, attach the manufacturer’s installation instructions and charger specifications and submit it to the Building Department at the Development Center for an over-the-counter review and permit issuance. If all of the information is provided and the proposal complies with the applicable codes, the review and approval process can usually be performed over-the-counter or within a day or two depending upon workloads and staffing levels at the time of submittal. Once the permit is issued, the installation may begin. When the installation is complete, an inspection of the work must be scheduled with the Building Inspector. Inspections are typically performed on the work day following your request for inspection. Keep in mind that someone will need to be present during the inspection so that the Building Inspector can access the location of the electrical meter and EV charger (typically in the garage) and perform torque requirements. CALIFORNIA ELECTRICAL CODE GENERAL REQUIREMENTS All Electrical Vehicle Charging Systems shall comply with the applicable sections of the California Electrical Code, including Article 625. EQUIPMENT HEIGHT The coupling means of the Electric Vehicle Supply Equipment shall be stored at a height of not less than 18 inches above the floor level for indoor locations and not less than 24 inches above the grade level for outdoor locations. (CEC 625.50) LISTED EQUIPMENT All Electric Vehicle Supply Equipment shall be listed by a nationally recognized testing laboratory. You can find a list in the US Department of Labor’s website. (CEC 110.3(B)) FASTENED IN PLACE Specify if the Level 2 Electric Vehicle Supply Equipment will be permanently connected and fastened in place in accordance with the manufacturer’s installation instructions. PROTECTION FROM PHYSICAL DAMAGE Electrical Vehicle Supply Equipment shall be protected against vehicle impact damage when located in the path of a vehicle. In order to avoid the installation of a substantial pipe bollard as an equipment guard, locate the Electrical Vehicle Supply Equipment on a garage side wall, out of vehicular path (see sample drawing below). (CEC 110.27(B)) IF MORE THAN 60 AMPS When EV charging equipment is rated at more than 60 amps, the disconnect means shall be provided and installed in a readily accessible location and shall be capable of being locked on the open position. (CEC 625.42) Residential Electric Vehicle Supply Equipment - Expedited Page 3 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 SITE PLAN Provide two copies of the job-specific site plan showing: o The location of the building and street name o All EVSE receptacle location(s), electric service, disconnects, and existing or proposed electric meter location o Information as required in the tables in the following page (see Other Helpful Information) Sample Electrical Plan for Level 2 Electric Vehicle Charger Circuit Installation (Source: City of Riverside) CITY OF PALO ALTO UTILITY REQUIREMENTS Though an individual Level 2 EV charger may have a negligible impact on the utility electric system, the combined effect of several chargers in the same neighborhood could result in overloads on utility secondary wires and transformers. It is important that the City of Palo Alto Utilities be notified of any Level 2 charger installations to ensure that utility electrical system components are adequately sized to maintain high levels of service reliability. For EVSEs greater than 40 amps, or that require an overcurrent protection device (e.g., circuit breaker) greater than 50 amps, complete the City of Palo Alto Utilities Department EVSE Information form. Residential Electric Vehicle Supply Equipment - Expedited Page 4 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 OTHER HELPFUL INFORMATION FOR EV CHARGER INSTALLATIONS The table below illustrates the type and size of wire and conduit to be used for various Electric Vehicle Charger circuits. Blank Blank Blank Conduit Type and Size * Blank Size of EV Charger Circuit Breaker Required Minimum Size of Conductors (THHN wire; THHW wire for exterior) Electrical Metallic Tubing (EMT) Rigid Nonmetallic Conduit – Schedule 40 (RNC) Flexible Metal Conduit (FMC) 20 amps #12 1/2" 1/2" 1/2" 30 amps #12 1/2" 1/2" 1/2" 40 amps #10 1/2" 1/2" 1/2" 50 amps #8 3/4" 3/4" 3/4" 60 amps #6 3/4" 3/4" 3/4" 70 amps #6 3/4" 3/4" 3/4" * Based on 4 wires in the conduit (2-current carrying conductors, 1-grounded conductor, and 1-equipment ground). (CEC Chapter 9 Tables) As an alternate, Nonmetallic Sheathed Cable (NMC) (e.g., Romex cable) may be used if it is protected from physical damage by placing the cable inside a wall cavity or attic space which is separated from the occupied space by drywall or plywood. The table below illustrates the required supports for various types of electrical conduit or cable. Conduit Support Electrical Metallic Tubing (EMT) (CEC 358.30 (A)) Rigid Nonmetallic Conduit – Schedule 40 (RNC) (CEC 352.28(B)) Flexible Metal Conduit (FMC) (CEC 348.42(B)) Nonmetallic Sheathed Cable (NMC) (CEC 334.30) Conduit Support Intervals 10’ 3’ 4-1/2’ 4-1/2’ Maximum Distance from Box to Conduit Support 3’ 3’ 1’ 1’ In addition to the above noted requirements, the California Electrical Code contains many other provisions that may be applicable to the installation of a new electrical circuit. Installers are cautioned to be aware of all applicable requirements before beginning the installation. For additional information or guidance, consult with the Building Department staff at the Development Center or a qualified and experienced Electrical Contractor. Residential Electric Vehicle Supply Equipment - Expedited Page 5 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 SERVICE LOAD CALCULATOR Instructions: Review the list of electrical loads in the table below and check all that exist in your home (don’t forget to include the proposed Level 2 charger). For each item checked, fill in the corresponding “Watts Used” (refer to the “Typical Usage” column for wattage information). Add up all the numbers that are written in the “Watts Used” column and write that number in the “TOTAL WATTS USED” box at the bottom of the table. Then go to the next page to determine if your existing electric service will accommodate the new loads. Note: Loads shown are rough estimates; actual loads may vary. For a more precise analysis, use the nameplate ratings for appliances and other loads and consult with a trained electrical professional. Check All Applicable Loads Description of Load Typical Usage Watts Used Blank GENERAL LIGHTING AND RECEPTACLE OUTLET CIRCUITS Blank Blank Blank Sq. ft. of the house: _______ (multiply by 3 watts/sq. ft.) 3 watts/sq. ft. Blank Blank KITCHEN CIRCUITS Blank Blanks Blank Kitchen Circuits 3000 watts Blank Blank Electric Oven 2000 watts Blank Blank Electric Stove Top 5000 watts Blank Blank Microwave 1500 watts Blank Blank Garbage Disposal under Kitchen Sink 1000 watts Blank Blank Automatic Dish Washer 3500 watts Blank Blank Garbage Compactor 1000 watts Blank Blank Instantaneous Hot Water at Sink 1500 watts Blank Blank LAUNDRY CIRCUITS Blank Blank Blank Laundry Circuit 1500 watts Blank Blank Electric Clothes Dryer 4500 watts Blank Blank HEATING AND AIR CONDITIONIONG CIRCUITS Blank Blank Blank Central Heating and Air Conditioning 6000 watts Blank Blank Window Mounted Air Conditioning 1000 watts Blank Blank Whole-House or Attic Fan 500 watts Blank Blank Central Electric Furnace 8000 watts Blank Blank Evaporative Cooler 500 watts Blank Blank OTHER ELECTRIC LOADS Blank Blank Blank Electric Water Heater (Storage Type) 4000 watts Blank Blank Electric Tankless Water Heater 15000 watts Blank Blank Swimming Pool or Spa 3500 watts Blank Blank Other (Describe) ______ watts Blank Blank Other (Describe) ______ watts Blank Blank Other (Describe) ______ watts Blank Blank ELECTRIC VEHICLE CHARGER CIRCUIT Blank Blank Blank Level 2 EV Charger Wattage: _______ (multiply by 1.25) ______ watts Blank Blank Blank Blank Blank TOTAL WATTS USED Blank Blank Residential Electric Vehicle Supply Equipment - Expedited Page 6 of 6 Revision Date: 05/10/2017 City of Palo Alto Development Services Building Division – 285 Hamilton Av. (First Floor), Palo Alto, CA 94301 – (650) 329-2496 CPA Utilities: Electric Engineering – 1007 Elwell Ct., Palo Alto 94303 – (650) 566-4500 CPA Utilities: Customer Service Center – 285 Hamilton Av. (Second Floor), Palo Alto, CA 94301 – (650) 329-2161 Instructions: Using the “TOTAL WATTAGE USED” number from the previous page, check the appropriate line in column 1 and follow that line across to determine the minimum required size of the electrical service panel shown in column 3. In column 4, write in the size of your existing service panel (main breaker size). If your existing service panel (column 4) is smaller than the minimum required size of the existing service (column 3), then you will need a new upgraded electrical service panel to handle the added electrical load from the proposed Level 2 charger. The table below is based on CEC 220.83(A) and Annex D. 1 2 3 4 Check the Appropriate Line Total Watts Used (from Previous Page) Minimum Required Size of Existing 240-Volt Electrical Service Panel (Main Service Breaker Size) Identify the Size of Your Existing Main Service Breakers (Amps) * Blank Up to 48000 100 amps Blank Blank 48001 – 63000 125 amps Blank Blank 63001 – 78000 150 amps Blank Blank 78001 – 108000 200 amps Blank Blank 108001 – 123000 225 amps Blank *Note: The size of your existing service (column 4) MUST be equal to or larger than the Minimum Required size (column 3) or a new larger electrical service panel will need to be installed in order to satisfy the electrical load demand of the EV charger. STATEMENT OF COMPLIANCE By my signature, I attest that the information provided is true and accurate. Job Address: ______________________________________________________________________________ Signature:______________________________________________ Date: _____________________________ In addition to this document, you will also need to provide a copy of the manufacturer’s installation literature and specifications for the Level 2 charger you are installing. Note: This is a voluntary compliance alternative and you may wish to hire a qualified individual or company to perform a thorough evaluation of your electrical service capacity in lieu of this alternative methodology. Use of this electrical load calculation estimate methodology is at the user’s risk and carries no implied guarantee of accuracy. Users of this methodology and these forms are advised to seek professional assistance in determining the electrical capacity of a service panel. City of Palo Alto (ID # 8089) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Approval of Community Theatre Partnership Agreements Title: Approval of the Renewal of a Public-Private Partnership Agreement Between the City of Palo Alto and TheatreWorks, Palo Alto Players and West Bay Opera for the use of the Lucie Stern Community Theatre From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council approve the renewal of the public-private partnership agreements between the City of Palo Alto and TheatreWorks, Palo Alto Players, and West Bay Opera for cooperative use of the Lucie Stern Community Theatre (Attachments B, C, D) for the period July 1, 2017 – June 30, 2018. One update has been made to the FY18 agreement, requiring the resident companies to reserve at least four (4) weeks during the year during which required facility maintenance may occur. (Exhibit A, Paragraph 6.) Background The Lucie Stern Community Theatre is used by three local companies: TheatreWorks, Palo Alto Players, and West Bay Opera, which produce approximately 15 productions annually. These partnerships provide the companies with an artistic home, an essential component of their ongoing existence, offering stability through the up and downs of the economy during times when cutbacks in government, foundation and corporate funding for the arts are the national norm. In return, the companies collectively provide culturally enriching theatrical experiences for more than 45,000 audience members annually. TheatreWorks was founded by San Francisco Bay Area native Robert Kelley in 1970 as a theatre arts workshop for teenage and college students. Chartered by the City to produce work that would reflect the concerns of the community during an unsettled period in American life, the company produced thirteen wholly original works for the stage in its first three years. Although company actors initially performed in a variety of venues, a tradition was established of staging several shows each season at the Lucie Stern Theatre. When the Mountain View Center for the Performing Arts opened in 1991, the company began producing five main stage productions City of Palo Alto Page 2 there each season, along with three productions each season at the Lucie Stern Theatre in Palo Alto. Palo Alto Players became the Peninsula’s first theatre company in 1931 when a group of 100 like-minded citizens gathered together to create a theatre dedicated to its community. Initially, productions were held at a makeshift performance space in the Palo Alto Community House adjacent to the train station (now MacArthur Park Restaurant). Soon after, Lucie Stern invited the Players to be the resident theatre company at the Community Theatre. In 1974, the Community Players dissolved their ties with the Parks and Recreation Department, becoming an independent company. Since that time, the City of Palo Alto has continued to support the Palo Alto Players with performance, rehearsal and shop space. West Bay Opera was founded by Henry Holt in 1955. Originally called the Little Opera Guild, the company began presenting fully staged operatic performances. Under the leadership of Mr. Holt, who was succeeded by his wife, Maria Holt, and then by the present director, José Luis Moscovich, West Bay Opera has grown steadily. In 1974, the West Bay Orchestra was established. In 1982, the company acquired space for rehearsals, offices, a costume shop and storage on Lambert Avenue in Palo Alto. Annually, West Bay Opera presents three fully staged productions at the Lucie Stern Theatre. Discussion Theatre Works, Palo Alto Players and West Bay Opera’s usage of the Lucie Stern Community Theatre is covered by a public-private partnership agreement. Given the long history of the partnership and the cultural benefits of providing the Palo Alto community with a diverse range of artistic events, staff recommends that the City Council approve the modification of the existing public-private partnership. The key terms of this agreement are discussed below: Term: This agreement is effective July 1, 2017 and terminates on June 30, 2018. Revenue: In accordance with the Municipal Fee Schedule and in exchange for providing pro- bono facility usage, the companies shall remit to the City a surcharge in the amount of $2.00 for each ticket sold. This fee is effectively passed down to patrons and is applied to all subscription, group, individual, promotional, and other tickets sold. Complimentary tickets are excluded, and the sum of the surcharge revenue for each production is due to the City within 30 calendar days after the closing of the production. In fiscal year 2016, the City received $57,530 from TheatreWorks (28,765 tickets sold), $19,816 from Palo Alto Players (9,908 tickets sold), and $8,092 from West Bay Opera (4,046 tickets sold) from this ticket surcharge. Among other functions, the proposed agreement acts as a revenue contract which governs the application, collection, and accounting of associated revenue. Responsibilities of City: The contract outlines the responsibilities of the City, using the standard City of Palo Alto Page 3 terms of public-private and “joint-venture” partnerships (Attachment A, Policy 1-25: Public Private Partnerships), including specifying notice requirements for contract termination, and affirming non-discrimination, insurance, and property guidelines. The City is also responsible for allowing and providing access to the Lucie Stern Community Theatre during designated hours, providing basic maintenance of capital equipment, monitoring production safety, and providing information regarding other scheduled facility uses (such as City-sponsored events or private rentals). Responsibilities of Company: Additionally, the agreement stipulates the responsibilities of the theatre company, including their duty to abide by City and department policies and procedures (specifically including and as related to, without limitation, conduct in community centers, injury and illness prevention, sale of alcoholic beverages, operations, building emergency procedures, zero waste, and facility use). Other responsibilities include timely remittance of fees and surcharges, requirements for sufficient building supervision/staffing, recordkeeping of ticket sales and surcharge remittance for compliance with audits, and adherence to standard practices for facility security. RESOURCE IMPACT No additional City resources are required and it is anticipated that this partnership will lead to enhanced programs over the life of the agreement. POLICY IMPLICATIONS This partnership would be categorized as a public/private partnership under the City’s Public- Private Partnership Policy (Policy 1-25: Public/Private Partnerships). Attachments: Attachment A - Public Private Partnership Policy FY18 Palo Players Performing Arts Agreement - Signature Pages FY18 Theatre Works Performing Arts Agreement - Signature Pages FY18 West Bay Opera Performing Arts Agreement - Signature Pages FY18 Community Theatre Partner Agreement - Template POLICY AND PROCEDURES 1-25/MGR REVISED: AUGUST 2007 1 PUBLIC/PRIVATE PARTNERSHIPS POLICY STATEMENT The City of Palo Alto encourages the formation of public/private partnerships for the benefits the community receives. For the purposes of this policy, “public/private” also encompasses “public/nonprofit” partnerships. Definitions Public/private partnership:A public/private partnership is an agreement between the City and a nonprofit or private organization to provide services or to assist in funding of public facilities and programs. Such partnerships may take various forms, including: Acceptance of or solicitation of service or facility proposals Facilitation of such proposals through the City's regulatory process Waiver of City General Fund fees to help reduce project costs. Contributions of City matching funds for construction of facilities to be owned and controlled or operated by the City. Provision of facilities to the private partner at no charge or at a subsidized rent. Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances or joint ventures. Co-Sponsorships:This is the most common type of public/private partnership. An organization furthers the mission of the City by supporting a City activity or program in conjunction with pursuit of that organization’s own mission or program. Co-sponsorships can take the form of one-time events or annual agreements. Some examples of co-sponsorships include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and American Youth Soccer Organization’s use of space in a City facility to train referees. Co- sponsorships are entered into by staff and normally have no or minimal financial impact. Alliances:This type of public/private partnership involves organizations that have been created for the sole purpose of supporting a City program or an array of City programs. The organization does not expect to receive any direct financial benefit or to alter City policy and/or operations, but undertakes to work closely and cooperatively with staff to implement City goals. Alliance organizations include the Recreation Foundation, the Art Center Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children’s Theatre (the Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial assistance with the renovation and expansion of the Children’s Library). Alliances are approved by the Council if there are any staffing or budgetary implications to the partnership. POLICY AND PROCEDURES 1-25/MGR REVISED: AUGUST 2007 2 Joint Ventures: This type of partnership involves organizations which have programs or missions independent of the City and involve the City entering into a contractual relationship with the public or nonprofit organization with both parties contributing to the partnership for their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and West Bay Opera’s use of the Community Theatre and use of the former police station by older adult service provider, Avenidas. PROCEDURES Initiation of partnerships:Public/private partnerships may be initiated in one of three ways: By staff: Staff identifies an opportunity for such a partnership and undertakes an informal or formal request for proposal process to identify partners. By Council: The City Council directs staff to work with a private or nonprofit organization to develop such a partnership. By a private or nonprofit organization:An organization makes a partnership proposal to the staff or City. City Manager Review:If the partnership proposal involves more than one City department, the City Manager’s Office will appoint a team with representatives of all City departments who are stakeholders in the partnership proposal. The team will analyze the proposal and inform the City Manager of the resource implications of the proposal, including staffing and monetary commitments. This would include proposed fee waivers. If the proposal will require a re-ordering of department priorities that have already been approved by the Council in setting its annual priorities or in the budget process, Council approval will be required prior to commitment to the partnership. Council approval will also be required if the partnership requires a new or adjusted allocation of operating or capital funding. Note: Co-sponsorships usually only involve a single department and do not necessitate the formation of an interdepartmental committee, the involvement of the City Manager’s Office or the approval of the City Council. City-Initiated Partnerships:Such partnerships will be guided by existing policies and procedures governing purchasing and outsourcing, using “requests for proposals” and/or bid processes as the method of initiating a partnership. A City-initiated partnership may incorporate incentives including naming rights, waiver of non-enterprise fund building and planning fees, reduced lease rates, free use of space, subsidies, and staff resources. All incentives may be negotiated on a case-by-case basis. POLICY AND PROCEDURES 1-25/MGR REVISED: AUGUST 2007 3 Evaluation of Viability of Partnering Organization:Staff will provide the City Manager and/or City Council with its assessment of the viability of the proposed partnership, based on the partnering organization’s possession of sound organizational, administrative and fiscal management, and its demonstrated experience to achieve and sustain project tasks, such as fundraising and building community support. For proposed facility improvement or expansion initiatives, the nonprofit or private organization should have the ability and commitment to make a substantial pledge to the project’s cost. Facilities Proposals: If a City facility is to be renovated, expanded or otherwise be directly affected by the partnership, the Infrastructure Management Plan will have to be adjusted appropriately. Long-term staffing, operational and maintenance costs must be identified in the proposal.The project’s applicable costs and funding sources for furnishings, fixtures and equipment will be identified. The parties will negotiate the joint or separate financial responsibility for any project cost overruns on a project-by-project basis. Staff may recommend that any standard City processing or use fee authorized under the Municipal Fee Schedule, excluding fees and charges levied by City of Palo Alto Utilities or other City enterprise fund programs, should be waived as a condition of the City's participation. Waiver of fees may be granted by the Council and limited to those fees associated with a construction or capital improvement project which, upon its completion, results in a new or improved public facility, building or park, or some portion thereof, that will be solely owned or controlled by the City. In the event that only a portion of a construction or capital improvement project will result in a new or improved City facility, building or park, or portion thereof, then the Council may waive only that portion of any associated fee directly relating to the construction, improvement or enhancement of the City facility, building or park.As appropriate, the summary and recommendation in the report to the Council will include a staff recommendation on waiving fees which the Council can approve or reject. The City will determine whether the nonprofit or private organization shall use or may forego a formal or informal competitive selection process in the hiring of professionals who will perform the management, design and/or construction phases of the project. The City shall review and approve the requirements for and the performance of all phases of design, planning and construction work for the project. Page 1 AGREEMENT FOR PERFORMING ARTS SERVICES THIS AGREEMENT FOR PERFORMING ARTS SERVICES (“Agreement”) is made and entered into as of the 1st day of July, 2017 by and between THE CITY OF PALO ALTO, a California chartered municipal corporation (“City”) and (Organization Name), a California nonprofit public benefit corporation, located at (Address) (telephone: ) (“Contractor”) (individually, a “Party” and, collectively, the “Parties”). 1. SERVICES: During the Term of this Agreement, as defined in Section 5 below, Contractor shall present that portion of Contractor’s 2017 - 2018 theatrical performances (the “Services”) that are produced at City’s Lucie Stern Community Center. 2. FACILITY: For purposes of this Agreement, the defined term “Facility” is deemed to mean those portions of the Lucie Stern Community Center comprising the theatre, lobby, green room, dressing rooms, scene shop, paint shop, light and sound booth, flat storage, rehearsal hall and costume shop. 3. FEE: Pursuant to the Municipal Fee Schedule (Exhibit G), the services to be performed under this Agreement constitute a “Class I” use of the Facility. 4. EXHIBITS: The Exhibits listed below, Appendices A through E and Attachments 1 through 4 are attached hereto and are incorporated herein by this reference. The Parties acknowledge that this Agreement shall have no force or effect unless all such Exhibits, Appendices and Attachments are attached hereto. Exhibit A: Responsibilities of Contractor Exhibit B: Responsibilities of City Exhibit C: General Conditions Exhibit D: Hearing-Impaired Device Addendum Exhibit E: Insurance Requirements Exhibit F: Municipal Fee Schedule Exhibit G: Contractor Injury and Prevention Policy 5. TERM: The services under this Agreement shall commence as of July 1, 2017 and shall terminate on June 30, 2018 (the “Term”). 6. COMPENSATION: During the Term, Contractor shall pay City: (a) Two Dollars ($2.00) for each ticket sold and (b) compensation for the Facilities Attendant present at each performance, at prevailing rates as set forth in the Municipal Fee Schedule, a copy of which is attached hereto as Exhibit G. Contractor shall send payment in accordance with Exhibit C to City, Attn: Project Manager. Page 2 7. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless City, its Council Members, officers, employees and agents from and against any and all demands, claims or liability of any nature, including wrongful death, caused by or arising from the acts, errors, omissions, willful misconduct, or gross negligence during the Term by Contractor, its officers, directors, employees, subcontractors or agents, except to the extent such demands, claims or liability of any nature arise from the acts, errors, omissions, willful misconduct, or gross negligence of City, its Council Members, officers, employees, contractors or agents. 8. ENTIRE AGREEMENT: This Agreement and the terms and conditions set forth in the attached Exhibits, Appendices and Attachments represent the entire agreement between the Parties with respect to the Services. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. 9. QUIET ENJOYMENT: Contractor, upon payment of the consideration required hereunder and Contractor’s performance of all obligations of Contractor hereunder and Contractor’s observance of City’s policies referenced herein, shall and may peacefully and quietly have, hold and enjoy the Premises during the Term. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE THE City OF PALO ALTO, a municipality chartered under the laws of the State of California __________________________________ (Organization Name) a California non-profit public benefit corporation By: __________________________________ By: __________________________________ Judge Luckey __________________________________ (Print Full Name) Its: PROJECT MANAGER AND REPRESENTATIVE FOR City __________________________________ (Print Full Title) I.R.S. Number: __________________________________ Address: __________________________________ __________________________________ Telephone: __________________________________ Page 3 City OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) City DEPARTMENT Funds Have Been Budgeted (1) PURCHASING & CONTRACT ADMINISTRATION INSURANCE REVIEW (2) APPROVAL OVER $25,000 (3) PURCHASING MANAGER APPROVAL OVER $25,000 APPROVAL OVER $85,000 City OF PALO ALTO BY:_____________________________________ City ATTORNEY ATTEST: BY:________________________ _______________________ MAYOR City CLERK Page 4 EXHIBIT A RESPONSIBILITIES OF CONTRACTOR During the Term, Contractor shall: Abide by the policies/procedures established by City and City’s Arts and Sciences Division and the Department of Community Services for the use of City facilities, equipment, costumes, props, furniture, scenery and other production elements. These shall include, but are not limited to, (1) Building Safety Responsibility (Appendix A), Conduct in City Facilities (Appendix B), City of Palo Alto Safety Policy (Appendix C), Zero Waste Plan (Appendix D), and City Report of Accident/Property Damage (Appendix E). . Follow safety procedures for the use of power and hand tools, mechanical lifts, etc. including the use of safety goggles, ear protection, face shields, safety cables, outriggers, and all other safety provisions, as described in Contractor’s Injury and Prevention Policy (Exhibit G). (2) Reserved (3) Reserved (4) Bear sole responsibility for the control and supervision of all production activities and personnel connected therewith, and notify all personnel of their obligations and responsibilities pertaining to their respective responsibilities, having primary responsibility for building security when Contractor is occupying City facilities. (5) Provide Project Manager or his/her designee with a list of all pyrotechnic effects (including the use of open flames), all hydro technical effects, all use of fog or haze, all loud noises (e.g., gunshots), and all use of strobe lights at least twenty-one (21) days prior to first use on stage. No flames shall be permitted on stage without the required fire permits from City. Smoking by any of the actors on stage as an integral part of the Production is deemed a pyrotechnic effect. Safety precautions approved by a City Fire Inspector and Project Manager or his/her designee will be taken when smoking is occurring on stage, and the audience shall be notified beforehand that smoking, loud noises (e.g., gunshots) or use of strobe lights will occur on the stage. All Fire Department fees for “Open Flame Permits” and “Candles and Open Flames in Assembly Areas Permits” shall be the responsibility of Contractor. (6) Provide Project Manager with the rehearsal schedule, performance schedule, and shops schedule. Space reservations for the Facility are specified in Attachment 1. No performance shall begin earlier than 9:00 a.m. nor end later than midnight. In no event shall Contractor conduct rehearsals or other activities, or otherwise occupy City facilities from 12 midnight to 8:00 a.m. unless prior written permission is obtained from Project Manager or a designated employee of City is on site. Contractor shall Page 5 observe all facility security rules and regulations as established by City (Appendix A, Appendix B and Appendix C). Schedule of use must include a minimum of (4) four weeks reserved for City Maintenance of the facility, within the term of this agreement. (7) Designate as Project Director for the length of this Agreement an employee or sub- contractor to manage or supervise all areas, Contractor personnel and Contractor property in this Agreement, including production, technical, house personnel and any and all support groups and to be Contractor’s liaison with Project Manager or his/her designee in all matters relating to the City in any way. (8) Reserved. (9) Reserved. (10) Contractor shall provide City with a copy of their Injury and Illness Prevention Policies (Exhibit L), which shall ensure that Contractor: shall exercise safe practices in the use of City facilities and equipment, maintain and clear work areas, and, within twenty-four (24) hours, report, on a form provided by City (Appendix E), information regarding accidents. Immediately report to Project Manager or his/her designee on a form provided by City any breakage, malfunction, deterioration or loss of any of the City’s resources (including musical instruments, tools, lights, sound equipment, props, curtains, etc.).. Contractor shall immediately discontinue any activity in which an unsafe or dangerous condition exists. Contractor shall train and supervise Contractor’s staff and volunteers on safe theatre practices and adhere to City’s safety procedures and guidelines. . Contractor shall be solely responsible for the control and supervision of such participants. All such personnel shall be deemed the sole agents and employees of Contractor and shall be notified by Contractor of this circumstance. If, in the opinion of any City or Contractor employee, Contractor is conducting an activity in an unsafe manner, Contractor or its agents shall be informed and shall immediately discontinue such activity until such activity is able to be conducted in a safe manner approved by City staff. (11) Bear responsibility for providing appropriate auxiliary aids, interpretive services and accommodations where they are necessary to achieve an equal opportunity for patrons to participate in and enjoy the benefits of public performances produced under the Agreement, in conformance with the Americans with Disabilities Act (ADA) of 1990 guidelines and requirements. Printed programs shall include the following statement required by the Americans with Disabilities Act: "Persons with disabilities who require information on 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: ADA Coordinator, City of Palo Alto, 650- 463-4952 (Voice) or ada@Cityofpaloalto.org (Internet). (12) Maintain its existence as an independent, non-profit corporation under the laws of the State of California. Page 6 (13) Submit all signs or displays to be located on or in the Facility to Project Manager or his/her designee for approval at the first production meeting. All displays may be put up at load-in and must be removed during strike. Inside the Facility, no display materials may be placed upon stucco walls. Lobby displays may be placed only on the lobby display boards, and all fasteners must be removed at the time display is taken down. Nothing may be posted on the exterior walls or doors of the Facility or in the Stern courtyard, except for items in the display case and an approved production name sign hung from the theatre balcony. Marquee signs must be constructed of light weight material, and shall be secured in such a way that the sign is unlikely to become dislodged by normal vibration or seismic activity. Signs shall be of a standard size no larger than ten feet in length and eight feet in height. All marquee signage must be attached to the theatre balcony with rigging so that the sign may be easily removed for limited periods during photography shoots, special events, or building maintenance. (14) Clean and clear the auditorium, stage, paint shop, scene shop, flat dock, and costume shop, green room, dressing rooms, rehearsal hall, hallways and outdoor areas adjacent to theatre and shop. Disassemble and store, to Project Manager’s or his/her designee’s reasonable satisfaction, scenery, properties, and other production elements, within six hours after the final performance or on such other time schedule mutually agreed upon between Contractor and Project Manager or his/her designee and the incoming authorized user of the facilities, if any. The stage shall always be returned to its basic set-up as established by Project Manager or his/her designee unless there is a mutual agreement with the incoming group that has been approved by Project Manager or his/her designee. All items on the STRIKE CHECKLIST are to be performed unless there is a mutual agreement with the incoming group that has been approved by the Project Manager or his/her designee. The Project Manager or his/her designee will sign a copy of the STRIKE CHECKLIST form at the completion of the strike to signify acceptance of clean and neat facilities. (15) Leave storage, paint, scene, and costume spaces clean and clear of Contractor’s materials other than those materials necessary for the ongoing maintenance and repair of the sets and costumes by the Monday following opening performance. (16) Leave all spaces clear, clean and orderly at the end of each use. Rehearsal Hall is to be cleared of all materials, except major set pieces and any rehearsal props, after each daily use. Rehearsal Hall is to be completely cleared within twenty-four (24) hours of final use. Kitchen, restrooms and dressing rooms are to be cleaned and cleared after each daily use. Trash, recycling and compostable materials are to be removed from all areas daily. Recyclables and compostable materials are to be placed in the recycling and composting carts near the trash dumpster and garbage and trash are to be placed into the dumpster. Contractor is required to reduce waste, reuse and recycle per the City’s Zero Waste Plan (Appendix D). Office space and hallways are to be kept continually clear, clean and orderly and neither space shall be used for the purpose of set, prop, or costume storage. Materials may not be left or stored any place out-of-doors overnight or when unattended by Contractor’s personnel. Page 7 (17) Enforce current regulations as established by City with regard to smoking, food and drink in City facilities. Contractor shall provide ushers at all previews and performances to enforce such regulations. Smoking is not permitted inside any City facility. No person shall bring any animal into the theatre. This regulation shall not apply to service animals assisting individuals with disabilities or to animals in training to become service animals. Use of animals on the stage is subject to approval by Project Manager or his/her designee. Food and drink are not permitted in the auditorium, light/sound booth or on stage, unless used as part of a production scene. Food and drink shall be permitted only in approved areas such as the green room and lobby. Contractor shall clean up all food and drink containers daily after use. (18) Be responsible for cleaning the Lucie Stern hallway restrooms for weekend performances. (19) Comply with City TB test requirement for employees and volunteers of Contractor at any time the City Risk Manager deems it necessary. (20) Comply with City sound ordinance levels for any outdoor activities, including load-in, strike, dismantling, or disposal. Shop doors facing Hopkins and Harriet Streets shall be closed between 8:00 p.m. and 8:00 a.m. (21) Pay any additional Attendant according to prevailing rates as set forth in the Municipal Fee Schedule attached as Exhibit G, pursuant to the following (a) For a period of one (1) hour prior to until at least one half (1/2) hour after the completion of each Performance listed in Contractor Production and Exclusive Use Schedule, 2017 - 2018 (Attachment 1). (b) For any Performance not included in Attachment 1, Contractor may add additional performances of the Productions listed in Attachment 1 upon thirty (30) days’ advance notice to City. (c) When using other City facilities at the same time as a Performance listed in ATTACHMENT 1. (22) Provide house manager and ushers for every Performance or event whenever the public is in attendance. Contractor shall only engage the services of ushers have been trained in theatre emergency, safety and use procedures usher. Contractor shall submit a list of its trained personnel to Project Manager prior to public performances for each Production. Ushers must be available to assist patrons under all circumstances and must be aware of and able to assist disabled persons. Contractor’s House Manager and ushers must also be available to assist in emergency situations throughout the entire Performance until the audience has left the theatre. Ushers must ensure that wheelchairs, walkers, etc. are not blocking any of the aisles or exits. Ushers shall return seats to the upright position and remove litter from the auditorium and restrooms at the conclusion of each performance. Page 8 (23) Install and/or remove the removable auditorium seats in designated areas to accommodate wheelchair patrons and as required due to the needs of the Production. (24) Remove from the Facility, at the conclusion of each Production, costumes, properties and sets created by Contractor with Contractor-owned materials, which costumes, properties and sets will remain the property of Contractor. All office equipment, construction tools, special effects and lighting equipment purchased and owned by Contractor will remain the private property of Contractor and City assumes no responsibility or liability for the loss or maintenance of such materials. All equipment, instruments, costumes and any other materials rented, borrowed or owned by any subcontractor, agent or person for Contractor is the responsibility of Contractor and/or its subcontractors, and City assumes no responsibility or liability for their maintenance or loss. Contractor assumes all liability and responsibility for any default on Production expenses. (25) Replace or repair or cause to be replaced or repaired by factory authorized technicians City-owned equipment, instruments or materials identified by Project Manager or his/her designee as having been lost, damaged or destroyed by Contractor or its agents. A written report must be made on a City form whenever City equipment is lost, damaged, or destroyed by Contractor. (26) Reserved. (27) Request approval to use the Facility for classes, camps or workshops by submitting written application to Project Manager or his/her designee at least sixty (60) days prior to the applicable date. No later than thirty (30) days prior to the applicable date, the Project Manager or his/her designee shall deliver to Contractor in writing his/her approval or disapproval. Failure to respond shall be deemed approval. In the event of disapproval, then he/she shall briefly explain the reasons therefore. No such activity will be advertised or promoted until it has been approved by the Project Manager or the time for review has passed, whichever occurs first. (28) Comply with all State and City laws relating to the sale and consumption of alcoholic beverages. Alcohol is permitted at the Facility if approved by Project Manager, whose approval will not be unreasonably withheld. Unless otherwise specifically permitted and pursuant to City policy, the only alcoholic beverages that may be sold or served at City facilities are wines, including champagne and sparkling wine. If alcoholic beverages are to be sold or distributed free of charge, Contractor must possess a valid On-Sale General Theatre License for the Facility. A copy of Contractor’s permit for the sale or distribution of alcoholic beverages shall be provided to Project Manager. Proof of liquor liability insurance where City is named as co-insured with liability of at least One Million Dollars ($l,000,000.00) shall be required. Permits are to be displayed as required by law. It is the responsibility of Contractor to ensure that no alcoholic beverage is served to a minor. Identification must be checked if the person appears to be under thirty (30) years of age. After each performance, Contractor shall remove all items, including cups, glasses, Page 9 bottles, napkins and food from the lobby and other areas within the Facility as well as the courtyard. Contractor is required to adhere to City’s Recycling and Zero Waste Program (Appendix D). (29) Cause to have present at the Facility at all times when Contractor or any of its employees, subcontractors or volunteers is in the Facility one of Contractor’s designated and City- approved key and/or proximity card holders. Any exceptions to the foregoing requirement must be approved, in writing, by Project Manager or his/her designee. Any exceptions must be approved by Project Manager or his/her designee in writing. (30) Prevent any modifications of a permanent or disfiguring nature of or to the Facility. Contractor may not install or attach anything in or on the Facility without having first submitted a written request to Project Manager and having received written permission from Project Manager or his/her designee. The approval of Project Manager does not relieve Contractor from any responsibility to obtain necessary City permits or Building Department approvals for the modification. Should Contractor violate the provisions of this Paragraph (30), Contractor shall be charged for all repairs necessary to restore the Facility to its original condition and for any additional costs arising from such violation. (31) Immediately report to the police any incidents of a criminal or suspicious nature occurring on City property, and notify Project Manager or his/her designee within twelve hours. If initial notification is verbal, Contractor must subsequently submit the information in writing to Project Manager or his/her designee on a form provided by City. (32) Ensure that the doors to the Scene Shop, Rehearsal Hall, and Costume Shop, as well as any other exterior access doors to any area of the Facility, are not left open, unlocked or left with the locking mechanism disabled, even if only briefly, at any time when the immediate area secured by the door is unoccupied by Contractor. Failure to do this may result in the imposition of greater restrictions imposed on Contractor for access to the Facility, including the possible forfeiture of keys/proximity cards by Contractor and/or restricted access times. (33) Complete a City Report of Accident/Property Damage report (Appendix E) for any and all accidents, injuries or property damage if a City employee is not present to fill out the report. (34) Operate and conduct business in compliance with City’s Zero Waste Plan (Appendix D) for all activities including, but not limited to, set construction and strike, food and beverage service, and office activities. The City Recycling Program department can assist with resources for achieving this goal. The goal is to send as little waste to landfill as possible through waste reduction, reuse and recycling. To achieve this goal Contractor must first reduce waste whenever possible. (35) Avoid the use for food/beverage service of disposables, including, but not limited to, Styrofoam and other plastics. Reusable food/beverage service ware should be utilized to the maximum extent possible. Where a reusable food/beverage service option is not Page 10 available, Contractor shall choose items that are recyclable. For concessions, choose product packaging that is recyclable. (36) Practice reuse before, during and after Production. City shall provide a list of reuse resources to avoid the disposal of construction materials, sets and props. Contractor must recycle construction debris from set materials (e.g. wood, metal). (37) Recycle all materials included in the City’s Recycling Program including paper (all types), plastic containers #1-#7, cardboard, glass bottles and jars, and metal cans. Compostable materials will be disposed of in designated compost waste receptacles. (38) Include on the title page of all production and event programs the following credit: “Use of this facility is made possible through support from The City of Palo Alto, Community Services Department, Division of Arts and Sciences,” and include the official City of Palo Alto logo on the title page or prominent placement within event programs; print in all publicity for the Productions, including, but not limited to, mailings, flyers, posters, brochures, and paid or public service advertising, the statement: “In cooperation with the City of Palo Alto Community Services Department, Division of Arts and Sciences.” The City of Palo Alto, Community Services Department, Division of Arts and Sciences shall also be credited in the Contractor’s list of funders as a “Civic Sponsor.” (39) Reserved. (40) Have the right to borrow available Community Theatre-owned properties, sets, costumes and scenery for productions scheduled in this Agreement. Costumes, properties and sets created by Contractor with Contractor-owned materials will remain the property of Contractor, and shall be removed from the Facility at the conclusion of the production in which the materials are used. The Project Manager or his/her designee may, on a case-by-case basis, authorize exceptions. All office equipment, construction tools, special effects and lighting equipment purchased and owned by Contractor will remain the private property of Contractor and the City assumes no responsibility or liability for the loss or maintenance of such materials. All equipment, instruments, costumes and any other materials rented, borrowed or owned by any subcontractor, agent or person for the Contractor is the responsibility of the Contractor and/or its subcontractors, and the City assumes no responsibility or liability for its maintenance or loss. (41) If minors are involved in the Production, comply with all of the State of California’s rules and regulations regarding Child Labor. (42) Reserved. (43) Page 11 EXHIBIT B RESPONSIBILITIES OF CITY During the Term, City shall: (1) Allow Contractor the exclusive use of the Facility, as defined in Article 2, as scheduled in Attachment 1 for the preparation and presentation of Productions performed under this agreement provided that Contractor submits specific rehearsal schedules, performance schedules and shop use schedules. Any use of City facilities and equipment other than those listed in the Agreement and the Exhibits thereto, which facilities and/equipment are nonetheless required to allow Contractor to perform its Services hereunder are subject to a different contract between City and Contractor. (2) Allow the use of the auditorium and the stage for performances and brush-up rehearsals within the period described in Exhibit A, Paragraph 6. (3) Allow the use of the exclusive use of the stage and the auditorium prior to the opening night of the Productions , with the exception of necessary maintenance procedures that may require access to the stage and auditorium during this period, according to the production schedule set forth in Attachment 1. Allow the use of the rehearsal hall, box office, scene shop, paint shop and costume shop according to the schedule as set forth in Attachment 1. Additional facility use may be provided as specified in item (Exhibit B (1); Exhibit A (27)) above; however, priority use of the room will always be given to actual rehearsals of productions covered by a contract with City. City reserves the right to allow other uses of space within the Facility when not in actual, scheduled use by Contractor on a non-interference basis and with at least seventy-two (72) hours’ prior notice to Contractor. (4) Allow Contractor to use all operational production equipment in City’s inventory as requested by Contractor and approved in writing by City. Contractor shall take such equipment "as is" and is responsible for ensuring that such equipment is in a safe condition prior to use and is returned in working condition at the conclusion of its use or of the Production. (5) Monitor all aspects of production with respect to safety issues (Appendix A, Appendix B and Appendix C). If Project Manager or any designee(s) deem(s) that any procedure followed by Contractor is unsafe, he or she has the authority to require the immediate suspension of such procedure. City and Contractor will work together to prevent or quickly mitigate any fire hazards or any items identified by the Fire Department during facility inspections. (6) Provide a Facilities Attendant for a period of one and one half (1 1/2) hour prior to until at least one half (1/2) hour after the complete of each Performance listed in Attachment 1. (7) Provide persons designated by Contractor and approved by Project Manager or his/her designee with keys, proximity cards (up to a maximum of six), and alarm codes for Page 12 access to the Facility for the sole purpose of carrying out the requirements of the Agreement. Keys, proximity cards, and alarm codes shall not be loaned or transferred and shall be used only by the designated persons. In the event that Contractor fails to properly open or lock and secure City facilities leading to a false alarm call-out or leaves areas of the facility unlocked and unattended, a Two Hundred Dollar ($200.00) penalty shall be paid to City on each such occasion. In the event that a designated key holder loses any key or proximity card issued by City, Contractor shall be assessed a Seventy- Five Dollar ($75.00) replacement charge for each key or proximity card or pay for the cost of rekeying or reprogramming the locks of the facility if circumstances indicate it as determined in City’s reasonable judgment. Contractor will be responsible and held accountable for all personnel, properties and activities of Contractor. (8) Have the right, with no notice, to suspend the Agreement if the Facility should be declared uninhabitable for reasons of safety by the proper authorities (e.g., if the building should be damaged in an earthquake and be declared unsafe for occupancy). If there is an outbreak of pandemic flu or other medical emergency and places of public gatherings are closed, City will not assume any financial responsibility for loss of revenue by Contractor. If the Facility is not available due to earthquake, other disaster, or safety related issues, City will not assume any financial responsibility for loss of revenue by Contractor. Page 13 EXHIBIT C GENERAL CONDITIONS (1) City. The Manager Arts-Children’s Theatre is hereby designated Project Manager for City, who shall render overall supervision of the progress and performance of this Agreement by City. All City services set forth in this Agreement shall be performed by City under the overall supervision of Project Manager or his/her designee. Contractor shall go through Project Manager or his/her designee in all matters dealing with City policies, funding, facilities, equipment and other City departments outside the Facility. (2) Contractor. Contractor shall assign a single Project Director who shall have overall responsibility for the compliance of Contractor with the Agreement. Should circumstances or conditions subsequent to the execution of this Agreement require a different Project Director, Contractor shall notify City immediately of same. The Project Director shall be responsible for all actions of Contractor. The Project Director shall also be responsible for disseminating to appropriate personnel all communication and information from City. (3) Access. Contractor shall not prevent Project Manager, facility maintenance personnel, and/or others specifically designated by Project Manager from access to the Facility; provided, however, that City shall use its best efforts not to disrupt the activities of Contractor as permitted by the Agreement. The Project Manager and others specifically designated by Project Manager shall attempt to coordinate such access if possible. Notwithstanding the foregoing, except in the case of emergency or if they are present on the premises as members of the audience or specifically invited into the backstage areas of the theatre, Project Manager, facility maintenance personnel and/or others specifically designated by the Project Manager shall not enter the auditorium or backstage areas during public performances of a production. (4) Days Defined. The term "days" shall mean calendar days. (5) Qualifications. Contractor represents that it is qualified to furnish the Services described under the Agreement. (10) Ticket Sales: (a) Contractor’s budget for the Term of the Agreement is attached hereto, marked “Attachment 2” and incorporated herein by reference as though fully set forth herein. (b) Contractor shall be responsible for sale of season tickets and single tickets, depositing of revenue and reporting of revenue and expenditures, and shall place available tickets for each Production for sale at the theatre box office one hour prior to each performance. Until one (1) hour prior to the beginning of a Performance, Contractor shall not sell (a) seat numbers C1, C2, D1, D2, D3, and Page 14 D4; (b) either (i) the block of seats T2, T4, T6, T8, T10, U2, U4, U6, U8 and U10 or (ii) the block of seats T1, T3, T5, T7, T9, U1, U3, U5, U7 and U9 for the purpose of making such seats available for the disabled; provided, however, that this Section 10(b) shall not apply to the sale of tickets for such seats to persons who identify themselves as disabled when they purchase their ticket. (c) Contractor agrees the price of admission for the season shall be as set forth in Attachment 3. (d) Contractor shall remit to City a surcharge in the amount of Two Dollars ($2.00) for each and every ticket sold either through subscription, group, individual, promotional or any other means. The foregoing surcharge is due within thirty (30) calendar days the closing date of the Production. The word “sold” as used in this Paragraph (10)(d) is to include any tickets given in exchange for monetary consideration, including donations. City may, in its discretion, add a three percent (3%) surcharge levied for payments received between 31 days and 60 days after the closing date of the Production, a four percent (4%) surcharge levied for payments received between 61 days and 90 days after the closing date of the Production, and a five percent (5%) surcharge levied for payments received in excess of 90 days of the closing date of the Production. Payment must be accompanied by the production report specified in section C(13), “PRODUCTION REPORTS AND RECORDS,” item (a) before payment will be considered to have been made. (e) Contractor shall provide City, when requested by Project Manager or his/her designee, with at least six (6) complimentary tickets for each Production on the date(s) requested. Best available seating will be provided to City if any seats are available at the time of the request. (f) Contractor may operate an intermission snack concession during each Performance under this Agreement. Contractor shall conduct such operation in a safe, clean manner and shall hold City harmless from any claim or demand or liability of any nature whatsoever which may arise out of such operation. If alcoholic beverages are to be sold or distributed free of charge, Contractor shall have on display a California State A.B.C. Permit and provide Project Manager with proof of liquor liability where City is named as co-insured with liability of at least one million dollars ($l,000,000.00) (See Exhibit A (29) above). It is the responsibility of Contractor to ensure that no alcoholic beverage is served to a minor by checking I.D.’s if the person appears to be under thirty years of age. Food and drink may not be taken into the Auditorium or the Light/Sound Booth at any time. Contractor shall remove all cups, glasses, bottles, napkins and food from the lobby, green room, and any other affected areas, including the courtyard, after each performance. Contractor is required to adhere to City’s Zero Waste Plan (Appendix D). (11) Composition of Contractor. Throughout the term of this Agreement, Contractor shall Page 15 remain an independent, non-profit public benefit corporation under the laws of California and be governed by a Board of Trustees. Any changes in Contractor’s Articles of Incorporation, By-Laws, or tax-exempt status shall be reported by Contractor immediately to Project Manager. Not more than twenty-five percent (25%) of the persons serving on the governing board of Contractor may be interested persons. "Interested persons" means any person currently being compensated by Contractor for services rendered to it, whether as a full or part-time employee, independent or otherwise, but excluding any reasonable compensation paid to a director as director. (12) Fiscal Responsibilities of Contractor. (a) Fiscal Agent. Contractor shall appoint a fiscal agent who shall be responsible for the financial and accounting activities of Contractor, including the receipt and disbursement of Contractor funds. Contractor shall provide City with the name of a fiscal agent (Attachment 4) and notify Project Manager within five (5) business days of any changes occurring during the Term. Contractor shall have sole responsibility for the safekeeping of Contractor tickets and monies. (b) System of Accounts. Contractor and its fiscal agent shall establish and maintain a system of accounts that shall be in conformance with generally accepted principles of accounting for budgeted funds. Such system of accounts shall be subject to the review and approval of City staff. (c) Financial Records. In support of its system of accounts, Contractor shall maintain complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, and bank statements. City may inspect these records at Contractor’s office upon reasonable advance notice and during normal business hours upon request. NOTE: Contractor’s cash receipts are not to be stored on the Premises between Productions. (d) Audit of surcharge payments. Contractor shall retain for a period of at least three (3) years bar-coded electronic records of tickets sold, sales records, and a verified report of sold and unsold tickets which must be made available to City of Palo Alto Auditor upon request. (13) PRODUCTION REPORTS AND RECORDS. (a) Reports. On reasonable notice and with reasons specified, Contractor shall grant Project Manager and/or City’s Auditor access to all Contractor records relating to this Agreement, including performance records, data, statements, and reports. (b) Tax Form 199. A copy of Contractor’s most recently filed California State Tax Form 199, "California Exempt Organizations Annual Information Return" must be filed with Project Manager or his/her designee within fifteen (15) days of Page 16 when it is due to the State of California and shall also be attached to this agreement prior to its final approval (Attachment 5). (14) CORRECTIVE ACTION REQUIREMENT. Notwithstanding the requirements of this Agreement, in the event City should determine from any source, including but not limited to reports submitted by Contractor under this Agreement or any evaluation report from any source, that Contractor may not be in compliance with any provision of the Agreement, City may forward to Contractor written notice of same. Such notice shall specify with particularity the nature of the condition(s) or issue(s) that require(s) corrective action and may include a recommendation as to appropriate corrective action. Within fifteen (15) days of City’s request, Contractor shall submit its written response to the notice, which response shall set forth its view of the alleged violation and its proposed plan, if any, for corrective action. Upon request of either Party, the Parties shall meet within five (5) days thereafter to discuss the alleged violation and proposed corrective action. (15) CONTRACTS WITH OTHER AGENCIES. Contractor agrees not to enter into any contract or agreement with another person or agency that will materially interfere with or inhibit the full performance of the Services to be provided by Contractor under this Agreement. Contractor agrees to terminate as soon as legally possible any contract or agreement which will materially interfere with or inhibit the full performance of the services to be provided by Contractor to City under this Agreement. Nothing herein is intended to prohibit Contractor from applying for, and receiving, supplementary funding from other than City sources so long as any agreement required for such funding does not materially interfere with or inhibit the full performance of the services to be provided by Contractor under this Agreement. Contractor is specifically encouraged to seek such supplementary funding. Any agreement between Contractor and the Mountain View Center for the Performing Arts or any other theatrical venue shall not be deemed to violate this Section (15). (16) INTEREST OF CONTRACTOR. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of its Services hereunder. Contractor further covenants that, to the best of Contractor’s knowledge and belief, in the performance of its Services under the Agreement, no subcontractor or person having such an interest shall be employed by Contractor. It is expressly agreed that, in the performance of the Services hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of City. (17) ASSIGNMENT. Both Parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, or convey the Agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other Party, and then only subject to such terms and conditions as the other Party may require. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. Any assignment without such approval shall be Page 17 void and, at the option of the other Party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and the Parties’ respective interests herein shall not be assignable by operation of law without the prior written consent of the other Party. (18) SUBCONTRACTORS. Contractor shall be responsible for employing or engaging all persons necessary to perform the Services of Contractor hereunder. All subcontractors are deemed to be employees of Contractor and Contractor agrees to be responsible for their performance. Contractor shall give its personal attention to the fulfillment of the provisions of the Agreement by all of its employees, participants, volunteers, and subcontractors. (19) INDEMNITY. Except to the extent the same arise from the negligence or willful misconduct of City, its officers, contractors, agents, employees, or persons brought onto the Premises by or through City, Contractor shall defend, indemnify and hold harmless City, its officers, contractors, agents, and employees and the Premises from and against (a) any injury or death or property damage arising from the use or occupancy of the Premises by Tenant, its officers, agents, employees or any persons brought onto the Premises by or through Contractor, (b) any claims or demands made against City, its officers, agents or employees by reason of any infringement or alleged infringement of any copyright or trademark caused by or alleged to have been caused by Contractor or any subcontractor under this Agreement, (c) any penalties imposed on account of the violation of any law or regulation or of any term or condition of any permit in connection with this Agreement, or (d) any damage arising under this Agreement from any loss or damage to materials and equipment owned, rented or borrowed by Contractor, its employees, subcontractors, participants, volunteers, sponsors or any others engaged in connection with the Services rendered by Contractor under the Agreement. (20) INTOXICATION. Contractor agrees to be responsible for injuries or damage caused by any of its directors, officers, employees, agents, subcontractors, or volunteers who are under the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally prescribed. Neither Contractor nor City shall permit any of Contractor’s employees or volunteers discovered to be under the influence of any of the foregoing substances from remaining in any facility used under the terms of this Agreement and City reserves the right of denying such persons further participation in the Productions. Consumption of alcoholic beverages or use of illegal drugs at the Facility is expressly forbidden by any person working for Contractor, paid or volunteer. This includes all staff, actors, crew and musicians. (21) WORKER'S COMPENSATION. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Code, and it certifies that it will comply with such provisions during the Term of the Agreement. Page 18 (22) INSURANCE. Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the Term of the Agreement insurance coverage insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers' compensation and employer's liability insurance, City, its officers, agents, and employees and each of them. City is to be named as Additional Insured with liability coverage of at least One Million Dollars ($1,000,000.00). A copy of the certificate(s) of insurance shall be attached to the Agreement and shall be filed with City concurrently with the execution of this Agreement. Said certificate shall be subject to the approval of City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be canceled or altered by the insurer except after filing with City Clerk thirty (30) days' written notice of such cancellation or alteration. Current certificates of such insurance shall be kept on file at all times during the Term of the Agreement. (23) WEAPONS. No firearms or other weapons, whether loaded or not, shall be allowed in the Facility or any other City property. Stage weapons and firearms designed solely for the use of blank cartridges will be allowed if they are being used as a prop in the current Production, but must be stored, when not being used, in a secure manner by Contractor’s stage manager or his/her designee. (24) LEGAL COMPLIANCE. Contractor and all its paid employees, subcontractors, and volunteer participants are required to abide by all applicable federal, state and local laws and ordinances. Page 19 EXHIBIT D HEARING-IMPAIRED DEVICE ADDENDUM Contractor’s personnel shall be permitted to manage, distribute and collect the hearing- impaired devices (“headsets”) that City owns for use by hearing-impaired persons at all Performances at the Facility, subject to the following restrictions: (a) Contractor shall verify that all headsets and batteries are present and functioning normally and shall report to Project Manager or his/her designee any missing or broken items before taking control of them for the run of the Production. (b) For any damage or loss of any headset while under Contractor’s control, Contractor shall promptly, upon request, pay City the fair market price for any necessary replacement or repair of any component of the headsets, as such replacement or repair is reasonably determined by Project Manager or his/her designee. (c) Contractor will diligently ensure the security of the headsets, in a manner approved by Project Manager or his/her designee, when the headsets are not in use. When the headsets are not so secured, Contractor will not leave the headsets unattended. (d) Contractor will provide at least one (1) person in the Facility lobby, whose sole responsibility will be to distribute and collect the headsets, as the case may be, pursuant to the following: (i) Beginning one-half (1/2) hour before each Performance until ten (10) minutes after the Performance begins; (ii) At all times during any and all intermissions; and (iii) From the end of the Performance until all of the headsets have been returned. (e) Contractor shall collect a Driver’s License or credit card as security for the loan of a headset, which Driver’s License or credit card will be returned to its owner upon return of the headset. Contractor will implement procedures for the safe handling of the Driver’s Licenses and credit cards and their return to their owners. (f) Contractor’s responsibility at the end of each performance will include the following: (i) Clean and otherwise sanitize all the earpieces by swabbing them with isopropyl alcohol swabs. (ii) Turn off the on/off/volume switches on all returned headsets and remove the batteries, placing the batteries into the battery charger. Page 20 (iii) Return all headsets and batteries to their storage case. (iv) Verify the presence of all twenty (20) headsets and batteries. (v) Return the headset storage case to its place in the rolling cart. (vi) Return the rolling cart to the House Manager’s Closet. (vii) Be sure the rolling cart is plugged into an electrical outlet. (viii) Make sure the battery charger is getting power, as indicated by the red light on the top of the case. (ix) Padlock the rolling cart’s doors shut, using either the padlock provided by City or a padlock supplied by Contractor, provided that Project Manager or his/her designee has been given a copy of the key or the combination. (x) Immediately report to City’s attendant at the Facility any missing headsets, and turn over to the attendant any malfunctioning headsets. The provisions of this Exhibit D may be terminated upon reasonable notice at any time by Project Manager or his/her designee, and may be terminated upon thirty (30) days’ prior written notice by Contractor. Page 21 EXHIBIT E 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 AND AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE City OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTORAND 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. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL Page 22 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. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CONTRACTOR 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 ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION City OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Page 23 EXHIBIT F CITY OF PALO ALTO MUNICIPAL FEE SCHEDULE Page 24 EXHIBIT G CONTRACTOR INJURY AND PREVENTION POLICY I. INTRODUCTION AND PURPOSE It is the policy of (Organization) to maintain a safe and healthy work environment for each employee and to comply with all applicable occupational health and safety regulations. This Injury and Illness Prevention Program (IIPP) is intended to establish a framework for identifying and correcting workplace hazards within the organization. II. RESPONSIBILITIES General Manager The General Manager has primary authority and responsibility to ensure the implementation of the IIPP and to ensure the health and safety of the department's staff. This is accomplished by communicating (Organization) ’ emphasis on health and safety, analyzing work procedures for hazard identification and correction, ensuring regular workplace inspections, providing health and safety training, and encouraging prompt employee reporting of health and safety concerns without fear of reprisal. Safety Committee The Safety Committee has the ongoing responsibility to maintain and update this IIPP, to assess compliance with applicable regulations and policies, to evaluate reports of unsafe conditions, and to coordinate any necessary corrective actions. The Safety Committee meets at least quarterly and includes representatives from various departments. The Safety Committee membership may rotate periodically. Unsafe conditions that cannot be immediately corrected by an employee or his/her supervisor should be reported to the General Manager or any Safety Committee member by filling out a "Report of Unsafe Condition or Hazard" form. Timely correction of workplace hazards will be tracked by the Safety Committee which will receive and review reports of unsafe conditions, workplace inspection reports, and injury reports. Specifically, the Safety Committee will: • Review the results of periodic, scheduled workplace inspections to identify any needed safety procedures or programs and to track specific corrective actions. • Review supervisors’ investigations of accidents and injuries to ensure that all causes have been identified and corrected. Page 25 • Where appropriate, submit suggestions to department managers for the prevention of future incidents. • Review alleged hazardous conditions brought to the attention of any committee member, determine necessary corrective actions, and assign responsible parties and correction deadlines. • When determined necessary by the Committee, the Committee may conduct its own investigation of accidents and/or alleged hazards to assist in establishing corrective actions. • Submit recommendations to assist department managers in the evaluation of employee safety suggestions. The Safety Committee must prepare and make available to all department personnel written minutes of issues discussed at the meetings. These minutes must be posted or made available in a convenient location and must be maintained on file for at least one year. Supervisors Supervisors play a key role in the implementation of the IIPP. They are responsible for: • Communicating to their staff (Organization) ’s emphasis on health and safety. • Ensuring periodic, documented inspection of workspaces under their authority. • Ensuring that the Safety Committee is aware of all accidents which have occurred, and all hazards which have been observed since the last meeting. • Working with the Operations Manager to address facility-related safety concerns. • Promptly correcting identified hazards. • Modeling and enforcing safe and healthful work practices. • Providing appropriate safety training and personal protective equipment. • Implementing measures to eliminate or control workplace hazards. • Stopping any employee’s work that poses an imminent hazard to either the employee or any other individual. • Encouraging employees to report health and safety issues to the Safety Committee without fear of reprisal. Page 26 All Employees It is the responsibility of all employees to comply with all applicable health and safety regulations and established work practices. This includes, but is not limited to: • Observing health and safety-related signs, posters, warning signals and directions. • Reviewing the building emergency plans and assembly areas. • Learning about the potential hazards of assigned tasks and work areas. • Taking part in appropriate health and safety training. • Following all safe operating procedures and precautions. • Using proper personal protective equipment. • Warning coworkers about defective equipment and other hazards. • Reporting unsafe conditions immediately to a supervisor, and stopping work if an imminent hazard is presented. • Participating in workplace safety inspections. III. IDENTIFYING WORKPLACE HAZARDS Regular, annual workplace safety inspections of all departments must be conducted. By law, the first of these inspections must take place when the department first adopts the IIPP. The inspections should be noted and the department should maintain copies of this documentation. These regular inspections will be supplemented with additional inspections whenever new substances, processes, procedures, or equipment introduced into the workplace represent a new occupational safety and health hazard or whenever supervisors are made aware of a new or previously unrecognized hazard. Generally, supervisors are responsible for identification and correction of hazards that their staff face and should ensure that work areas they exercise control over are inspected at least annually. Supervisors should check for safe work practices with each visit to the workplace and should provide immediate verbal feedback where hazards are observed. The "Report of Unsafe Condition" form should be filled out when a referral is made to the Safety Committee as a result of a condition discovered during an inspection for which the responsible supervisor could not determine an immediate remedy. The "Report of Unsafe Condition" form can also be obtained by any employee, filled out and turned in anonymously. Page 27 IV. COMMUNICATING WORKPLACE HAZARDS Supervisors are responsible for communicating with all workers about safety and health issues in a form readily understandable by all workers. All department personnel are encouraged to communicate safety concerns to their supervisor without fear of reprisal. The Safety Committee is another resource for communication regarding health and safety issues for employees. Additionally, Safety Committee minutes and other safety-related items are posted or made available at a convenient location. Employees will also be informed about safety matters by e-mail, voice mail, or by distribution of written memoranda. Occasionally, the Safety Committee may also sponsor seminars or speakers or coordinate other means to communicate with employees regarding health and safety matters. Supervisors are responsible for ensuring that employees are supplied access to hazard information pertinent to their work assignments. Information concerning the health and safety hazards of tasks performed by department staff is available from a number of sources. These sources include, but are not limited to, Material Safety Data Sheets (MSDSs, see below), equipment operating manuals, container labels and work area postings. Material Safety Data Sheets Material Safety Data Sheets (MSDSs) provide information on the potential hazards of products or chemicals. Hard copies of MSDSs for the chemicals used in the department are available to all employees in a convenient location. If an MSDS is found to be missing, a new one can be obtained by faxing a written request to the manufacturer. A copy of this request should be kept until the MSDS arrives. MSDSs are also available over the Internet from a variety of sources. Equipment Operating Manuals All equipment is to be operated in accordance with the manufacturer’s instructions, as specified in the equipment’s operating manual. Copies of operating manuals should be kept with each piece of equipment in the department. Persons who are unfamiliar with the operation of a piece of equipment and its potential hazards must at least read the operating manual before using the equipment. Training should also be sought from an experienced operator or supervisor. V. CORRECTING WORKPLACE HAZARDS Hazards discovered either as a result of a scheduled periodic inspection or during normal operations must be corrected by the supervisor in control of the work area, or by cooperation between the department in control of the work area and the supervisor of the employees working in that area. Supervisors of affected employees are expected to correct unsafe Page 28 conditions as quickly as possible after discovery of a hazard, based on the severity of the hazard. Specific procedures that can be used to correct hazards include, but are not limited to, the following: • Tagging unsafe equipment “Do Not Use Until Repaired,” and providing a list of alternatives for employees to use until the item is repaired. • Stopping unsafe work practices and providing retraining on proper procedures before work resumes. • Reinforcing and explaining the need for proper personal protective equipment and ensuring its availability. • Barricading areas that have chemical spills or other hazards and reporting the hazardous conditions to a supervisor or. If an imminent hazard exists, work in the area should cease, and the appropriate supervisor must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to be removed from the area except those qualified and necessary to correct the condition. These qualified individuals will be equipped with necessary safeguards before addressing the situation. VI. INVESTIGATING INJURIES AND ILLNESSES Injury Reporting Employees who are injured at work must report the injury immediately to their supervisor. If immediate medical treatment beyond first aid is needed, call 911. The injured party will be taken to the appropriate hospital or medical center. The supervisor of the injured employee must work with a designated department personnel to ensure that the "Employer's Report of Occupational Injury or Illness" and a "Workers' Compensation Claim Form" are completed properly and submitted to the General Manager. If the injured employee saw a physician, the supervisor should obtain a medical release form before allowing the employee to return to work. The health care provider may stipulate work tasks that must be avoided or work conditions that must be altered before the employee resumes his or her full duties. Page 29 Injury Investigation The employee’s supervisor is responsible for performing an investigation to determine and correct the cause(s) of the incident. Specific procedures that can be used to investigate workplace accidents and hazardous substance exposures include: • Interviewing injured personnel and witnesses. • Examining the injured employee’s workstation for causative factors. • Reviewing established procedures to ensure they are adequate and were followed. • Reviewing training records of affected employees. • Determining all contributing causes to the accident. • Taking corrective actions to prevent the accident/exposure from reoccurring. • Recording all findings and actions taken. The supervisor’s findings and corrective actions should be documented and presented to the Safety Committee using the "Accident Report Form". If the supervisor is unable to determine the cause(s) and appropriate corrective actions, other resources, such as the Safety Committee, should be sought. The Safety Committee will review each accident or injury report to ensure that the investigation was thorough and that all corrective actions are completed. Investigations and/or corrective actions that are found to be incomplete will be routed back to the supervisor for further follow-up, with specific recommendations noted by the committee. The General Manager will bring corrective actions that are not implemented in a reasonable period of time to the attention of the Department head. VII. EMPLOYEE HEALTH AND SAFETY TRAINING Employee safety training is provided at no cost to the employee and is conducted during the employee’s normal working hours. Safety training may be presented by a knowledgeable supervisor, other department personnel, or by representatives from other relevant departments. Regardless of the instructor, all safety training should be documented using the “Safety Training Attendance Record”. Initial IIPP Training When the IIPP is first implemented, all personnel will be trained on the structure of the IIPP, including individual responsibilities under the program, and the availability of the written Page 30 program. Training will also be provided on how to report unsafe conditions, how to access the Safety Committee, and where to obtain information on workplace safety and health issues. Personnel hired after the initial training session will be oriented on this material as soon as possible by the appropriate supervisor. These individual training sessions should be documented using the “Employee Safety Training Record”. Training on Specific Hazards Supervisors are required to be trained on the hazards to which the employees under their immediate control may be exposed. This training aids a supervisor in understanding and enforcing proper protective measures. All supervisors must ensure that the personnel they supervise receive appropriate training on the specific hazards of work they perform, and the proper precautions for protection against those hazards. Training is particularly important for new employees and whenever a new hazard is introduced into the workplace. Such hazards may include new equipment, hazardous materials, or procedures. Health and Safety training is also required when employees are given new job assignments on which they have not previously been trained and whenever a supervisor is made aware of a new or previously unrecognized hazard. Specific topics which may be appropriate to department personnel include, but are not limited to, the following: • Fire prevention techniques and fire extinguisher use. • Obtaining emergency medical assistance and first aid. • Disaster preparedness and response, including building evacuation procedures. • Health and safety for computer users. • Back care, body mechanics, and proper lifting techniques. • Hazard communication, including training on MSDSs, chemical hazards and container labeling. • Proper housekeeping. • Chemical spill reporting procedures. VIII. ENSURING COMPLIANCE All department personnel have the responsibility for complying with safe and healthful work practices, including applicable regulations and departmental safety procedures. Overall Page 31 performance in maintenance of a safe and healthy work environment should be recognized by the supervisor and noted in performance evaluations. Employees will not be discriminated against for work-related injuries, and injuries will not be included in performance evaluations, unless the injuries were a result of an unsafe act on the part of the employee. Standard progressive disciplinary measures in accordance with the applicable personnel policy will result when employees fail to comply with applicable regulations and/or departmental safety procedures. All personnel will be given instruction and an opportunity to correct unsafe behavior. Repeated failure to comply or willful and intentional noncompliance may result in disciplinary measures up to and including termination. IX. RECORD KEEPING Documents related to the IIPP are maintained in a safe and convenient location for record keeping. Documents that should be kept on file include: • Records of scheduled and periodic workplace inspections, including the persons conducting the inspection, any identified unsafe conditions or work practices, and corrective actions. • Employee safety training records, including the names of all attendees and instructors, the training date, and material covered. • Reports of Unsafe Conditions or Hazards. • Safety Committee Meeting Documentation. • Hazard Correction Reports. • Accident, Injury or Illness Investigation Reports. Page 32 LIST OF APPENDICES Building Safety Responsibility (Appendix A) Conduct in City Facilities (Appendix B) City of Palo Alto Safety Policy (Appendix C) Zero Waste Plan (Appendix D) Online: http://cityconnect/depts/pw/zero_waste_palo_alto.asp#Recycling & Composting City Report of Accident/Property Damage (Appendix E). Page 33 LIST OF ATTACHMENTS ATTACHMENT 1 Contractor Production and Exclusive Use Schedule, 2017 - 2018 ATTACHMENT 2 Contractor’s Pricing Policy ATTACHMENT 3 Name of Contractor’s Fiscal Agent ATTACHMENT 4 Contractor’s Most Recently Filed California State Tax Form 199 City of Palo Alto (ID # 7925) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Enjoy Catalog RFP Title: Approval of a Contract With Tandem Creative in the Amount of $90,000 for Graphic Design and Printing for the Quarterly Production of the Enjoy! Catalog Classes and Activities Guide and Annual Summer Camp Guide From: City Manager Lead Department: Community Services RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager to execute the attached contract with Tandem Creative, Inc. in the amount of $90,000 for graphic design and printing of the Community Services Department’s Enjoy! Catalog (Attachment A) subject to appropriation of funds. 2. Authorize the City Manager or his designee to exercise the option to renew the contract for the second and third years, as applicable, provided the proposed cost of each of the renewed contracts does not exceed the original contract price of $90,000, adjusted by the Consumer Price Index for all Urban Consumers (San Francisco - Oakland - San Jose MSA), the contractor is responsive to the City's needs, and the quality of the contractor's work is acceptable during the preceding year. DISCUSSION The Community Services Department (CSD) produces its quarterly Enjoy! Catalog of classes and activities as well as an annual Summer Camps and Aquatics guide. The Enjoy! is CSD’s primary marketing tool that showcases the diverse classes, workshops, programs and events the Department has to offer. CSD strives to offer programs and services that are of high quality, relevant and inclusive to a wide range of cultures, ages and abilities. CSD’s mission is engage individuals and families to build a strong and healthy community for the through Arts, Recreation, Parks, Open Space and Human Services. CSD contracts with a graphic design firm to produce and print the Enjoy! Catalogs. The contract is a one year contract with option to renew for two more years. As a result, a competitive bid solicitation is typically conducted every three years for design, production and printing of the catalogs. The catalogs are made available for viewing on the City’s website on City of Palo Alto Page 2 www.cityofpaloalto.org/enjoy where customers can also register for classes and programs. A CSD staff member functions as the project manager to work closely with the graphic design firm to ensure that the correct program information, descriptions, dates and times are provided in a timely manner. It is critical that production and printing of the catalog is completed on schedule so residents have ample time to register for classes and programs. Scope of Services Description The scope of work to be performed under the contract is for graphic design, formatting, editing and printing of the quarterly Enjoy! Catalog (Attachment B). Solicitation Process A Request for Proposals (RFP) was issued in March 2017 to obtain a graphic design firm experienced in developing creative and easy-to-read publications while maintaining a rigid timeline. Six proposals were received and reviewed by an evaluation committee consisting of Community Services Department staff. As a result of the evaluations, four firms were invited to participate in oral interviews. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The following firms submitted proposals: Company Name Cost to the City Location (City, State) Oral interview? Tandem Creative $90,000 San Francisco, CA Yes McGregor Shott Inc $95,000 Newhall, CA Yes Embarcadero Media $86,075 Palo Alto, CA Yes Jill McCoy Design $136,040 San Jose, CA Yes Based on both the written proposals and oral interviews, the evaluation committee selected Tandem Creative, Inc. (Tandem). Tandem’s written proposal and oral interview demonstrated that they have the experience and creativity desired for the work and also the staff resources needed to meet the tight deadlines for quarterly production of the Enjoy! catalog. Tandem has created the Enjoy! Catalogs for the past six years and has worked on other major projects for other City Departments, including Utilities, Administrative Services, Office of Management and Budget, Regional Water Quality Control Plant, Palo Alto Library and the City Manager’s Office. A summary of the solicitation process is below: Enjoy! Catalog Graphic Design/RFP 166164 Proposed Length of Project: 36 months Proposals posted to Planet Bids: March 28, 2017 Total Days to Respond to Proposal: 14 Pre-proposal (Telephone) Meeting Date: April 4, 2017 RESOURCE IMPACT City of Palo Alto Page 3 The Community Services Department Fiscal Year 2018 proposed budget includes funding to award this contract, subject to City Council adoption of the Fiscal Year 2018 budget. Attachments: Attachment A - C17166164 GSA TANDEM CREATIVE FINAL Attachment B - Enjoy Catalog Graphic Design Scope of Services 2017 City of Palo Alto General Services Agreement 1 Rev. February 8, 2017 CITY OF PALO ALTO CONTRACT NO. C17166164 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 1st day of July, 2017, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANDEM CREATIVE, INC., a California corporation, located at 4023 24th Street, San Francisco, CA 94146 Telephone Number: 415 654-5571 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 2 Rev. February 8, 2017 3. TERM. The term of this Agreement is from July 1. 2017 to June 30, 2020 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of ninety- thousand dollars ($90,000). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Zero dollars ($0) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 3 Rev. February 8, 2017 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Erin Perez, Dept.: Community Services Department, Telephone: 650- 463-4952. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 4 Rev. February 8, 2017 provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 7 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 5 Rev. February 8, 2017 G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 6 Rev. February 8, 2017 restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 7 Rev. February 8, 2017 losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 8 Rev. February 8, 2017 immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR 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 this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. 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 Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 9 Rev. February 8, 2017 X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR 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, CONTRACTOR shall comply with the following zero waste requirements: All printed materials provided by CONTRACTOR 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. Goods purchased by Contractor 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. Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the contract is not a public works contract, if contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 10 Rev. February 8, 2017 Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRCATOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 11 Rev. February 8, 2017 Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 12 Rev. February 8, 2017 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO TANDEM CREATIVE, INC. ______________________________ By________________________________________ City Manager Name Gregory Holzbaur Title CEO, Execute Director Approved as to form: __________________________ City Attorney DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 13 Rev. February 8, 2017 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR shall provide design services, layout services, editing services, and manage printing for five (5) City recreation catalogs (as detailed in Exhibit B) with the following specifications: A. Enjoy Catalog Quarterly publication (Winter, Spring, Summer, Fall) Booklet size: 8” x 10 ½” (See Attached Sample) Average of 56- 64 pages Front and back covers in color w/ graphics. Interior black ink plus one color Contractor will cost out paper quality Contractor will use existing document design from previous designer OR can discuss reformatting catalog. Page layout and editing consists of approximately 50 hours, on a tight time schedule. Contractor will be a liaison with City and printer to provide quality control of the product. City will provide all copy. Contractor shall provide printer and City with PDF files. Vendor shall create PDF files for the Enjoy website. Contractor shall work with City to select a printer. Contractor shall have 26,000 catalogs printed per edition. Contractor shall have knowledge of services and programs offered in the Enjoy catalog. Contractor shall cause 24,000 catalogs to Embarcadero Publishing to be distributed in the Palo Alto Weekly. Contractor shall cause 2,000 catalogs to be delivered to Cubberley Community Center, Room T2 for distribution. B. Summer Camps and Aquatics Guide One separate annual publication Booklet size: 8” x 10 ½” (See Attached Sample) Average of 56 pages Interior black ink plus one color Front and back covers in color w/ graphics. Contractor will use existing document design from previous designer. Page layout and editing consists of approximately 50 hours, on a tight time schedule. Contractor will be a liaison with City and printer to provide quality control of the product. City will provide all copy. Contractor shall provide printer and City with PDF files. Contractor shall create PDF files (or other suitable formats) for the Enjoy website. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 14 Rev. February 8, 2017 Contractor shall have knowledge of services and programs offered in the Enjoy catalog. Contractor shall work with City to select a printer. Contractor shall have 26,000 catalogs printed per edition. Contractor shall cause 24,000 catalogs to be delivered to Embarcadero Publishing to be distributed in the Palo Alto Weekly. Contractor shall cause2,000 to be delivered to Cubberley Community Center, Room T2 for distribution Attachment 1:Samples of past Enjoy catalog (Summer and Fall 2016) Attachment 2: Spring, Summer and Fall 2017 Production Schedule II. CONTRACTOR shall create outreach materials and provide graphic design services to include: Utility bill inserts, print ads, displays, brochures, e-blasts Promotional items for City employees, schools, special events, and trade shows Customized illustrations and artwork for a variety of formats (e.g., displays, brochures). Images, infographics with a call to action III. Any artwork designed for this contract shall become the property of the City of Palo Alto. IV. The City of Palo Alto has a Sustainability Policy, and an Environmentally Preferable Purchasing Policy. The following criteria are set for CONTRACTOR: CONTRACTOR must have printers use environmental printing practices such as vegetable-based inks, sourcing of (and printing on) at least 30% post-consumer recycled content paper, processed chlorine-free. 100% recycled-content paper is preferred and should be discussed with the project manager prior to printing. CONTRACTOR must place the recycled-content logo and paper specifications (e.g., Printed on 100% post-consumer recycled content, process chlorine free paper) on all printed materials. CONTRACTOR must be certified as a Bay Area Green Business and which use local, socially responsible, low-impact third-party vendors (proposer to describe qualifications) DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 15 Rev. February 8, 2017 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the schedule on the next page of this exhibit: DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 16 Rev. February 8, 2017 Item Deadline Summer 2017 Fall 2017 Winter 2017-18 Summer Camps 2018 Spring 2018 All Guide Content Due to Erin or Coordinators Enter into SharePoint (Ads, Special Events, Misc Write-Ups) March 6th June 5th September 4th November 6th December 4th Pre-Tempate for Review March 7-10th June 6-9th September 5-8th November 7- 10th December 5-8th First Draft Available for Proofing March 21-28th June 19-23rd September 18- 22nd November 20- 28th December 18- 22nd *** No New Copy Accepted After This Date*** Cover Final Due March 20th June 20th September 20th November 20th December 20th Second/ FINAL Available for Proofing April 3-7th July 3-7th October 2-6th December 5-8th January 2-5th Guide Delivered to Printer April 12th July 12th October 12th December 14th January 12th Guide Delivered to PAW & Community Centers May 5th July 28th October 27th January 19th February 2nd Catalog Delivered in PAW May 26th August 11th November 17th February 2nd February 23rd Resident Registration June 1st August 17th November 30th March 22nd March 2nd Non-Resident Registration June 8th August 24th December 7th March 29th March 9th Catalog/Meet the Staff Theme: Open Space Rangers Inside Front Cover Rob - Director's Pumpkin Patch Camp Reg Fair Director's Inside Back Cover Chili Cook-off Moonlight Run JMZ Aquatics Summer Camp Reg Fair March 3rd "The Draw" March 12th DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 17 Rev. February 8, 2017 EXHIBIT C SCHEDULE OF FEES CONTRACTOR shall perform the tasks as described and budgeted below. 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 the Services including reimbursable expenses, does not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. NOT TO EXCEED COMPENSATION PER TASK INCLUDING REIMBURSABLES Task 1: ENJOY Catalog Pricing 2 color interior/4 color cover) Scope Labor Categories FALL WINTER SPRING SUMMER CAMPS TOTAL Design Services Art Direction, Graphic Design, and Production.* Final deliverables include: • Printed 2-color interior/4-color cover. 4-color online web version $8,000 $8,000 $8,000 $8,000 $8,000 $40,000 Printing Quantity: 26,000 per issue Includes coordination with printer and delivery to Palo Alto/Lucie Stern Community Center and San Jose SWOP/Embarcadero Media $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Total Cost for Design, Production, Printing, and Delivery: $18,000 $18,000 $18,000 $18,000 $18,000 $90,000 *Pricing includes eblast design. **Total not to exceed Task 1. DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 18 Rev. February 8, 2017 Rates for additional services, if requested by CITY: Rate Basis Hourly Rate Blended Rate Per hour $110 Creative Direction Per hour $130 Graphic Design Per hour $100 Project Management Per hour $90 Copywriting Per hour $90 Proofreading Per hour $90 Branding/Identity Development Per hour $100 Web Design/Development Per hour $130 Web Maintenance Per hour $100 Twitter Maintenance Per hour $90 App Design/Development Per hour $130 e-newsletter Design Per hour $100 eblast Design Per hour $100 eblast Campaign Management Per hour $100 Facebook Advertising Design Per hour $100 Online Ad Design Per hour $100 Advertising; Media Planning/Buy Per hour $100 Infographic Design Per hour $100 Powerpoint Design Per hour $100 Custom Photography/Art Direction Per hour $150 Stock Photos (Royalty-free) Per photo $25 each Stock Photos (Rights-managed) Per photo TBD Photo editing Per hour $90 Illustration Per hour $100 Mechanical Production Per hour $90 Press Check/Review Print Proofs Per hour $90 Travel/Mileage Rate Per hour TBD Translation Services Per word (1 hr minimum at $100) $0.50 Web audit/evaluation Per hour $110 Movie development (story/script creation, animation graphics) Per hour $150 Multi-cultural marketing (adapting campaigns to address various community groups) Per hour $93 Bill insert creation Per bill insert $1,500 Other projects as needed TBD DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 19 Rev. February 8, 2017 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY 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. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 City of Palo Alto General Services Agreement 20 Rev. February 8, 2017 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. 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 ISSUING COMPANY 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 54DE1CBA-3B04-446E-9828-7B159FCDD124 Enjoy Catalog Graphic Design, Editing, Proofing and Formatting Scope of Services Updated: September 2016 Specifications: Enjoy Catalog Quarterly publication (Winter, Spring, Summer, Fall) Booklet size: 8” x 10 ½” (See Attached Sample) Average of 56- 64 pages Front and back covers in color w/ graphics. Interior black ink plus one color Cost out paper quality Vendor will use existing document design from previous designer. OR, can discuss reformatting catalog. Page layout and editing consists of approximately 50 hours, on a tight time schedule. Vendor will be a liaison with City and printer to provide quality control of the product. City will provide all copy. Vendor shall provide printer and City with PDF files. Vendor shall create PDF files for the Enjoy website. Vendor shall have knowledge of services and programs offered in the Enjoy catalog. 24,000 catalogs to be delivered to Embarcadero Publishing to be distributed in the Palo Alto Weekly. 2,000 to be delivered to Cubberley Community Center for distribution. Summer Camps and Aquatics Guide One separate annual publication Booklet size: 8” x 10 ½” (See Attached Sample) Average of 56 pages Interior black ink plus one color Front and back covers in color w/ graphics. Vendor will use existing document design from previous designer. Page layout and editing consists of approximately 50 hours, on a tight time schedule. Vendor will be a liaison with City and printer to provide quality control of the product. City will provide all copy. Vendor shall provide printer and City with PDF files. Vendor shall create PDF files (or other suitable formats) for the Enjoy website. Vendor shall have knowledge of services and programs offered in the Enjoy catalog. 24,000 catalogs to be delivered to Embarcadero Publishing to be distributed in the Palo Alto Weekly. 2,000 to be delivered to Lucie Stern Community Center for distribution. Attachment 1: Samples of past Enjoy catalog (Summer and Fall 2016) Attachment 2: Spring, Summer and Fall 2017 Production Schedule City of Palo Alto (ID # 8088) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: 260 California Avenue - Protege Restaurant Title: QUASI-JUDICIAL: 260 California Avenue [16PLN-00289]: Request for a Hearing on the Tentative Approval of a Conditional Use Permit to Allow the Sale of Beer, Wine, and Liquor in Conjunction With a Restaurant and Referral of Director's Action to the City Council of an Architectural Review Application for an Outdoor Seating Area Pursuant to PAMC 18.40.170. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) per Guideline Section 15301 (Existing Facilities) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council take the following action(s): 1. Find the proposed project exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 of the CEQA Guidelines, and 2. Adopt the draft Record of Land Use Action in Attachment B, approving the proposed conditional use permit for alcohol sales, and approving the architectural review for an outdoor seating area in conjunction with a restaurant subject to findings and conditions of approval NOTE: If this item is pulled from Consent (three Councilmember votes required), it will be noticed for a public hearing on June 27 or 28, 2017. Executive Summary The applicant requests approval of an architectural review permit for an outdoor seating area and a conditional use permit to allow alcohol sales in conjunction with a new restaurant at 260 California Avenue. The proposed restaurant is located on the ground floor of an existing mixed- use building. The Conditional Use Permit and Architectural Review were approved by planning staff on behalf of the Director of Planning and Community Environment on April 6, 2017. The tentative approval letter and conditions are included in Attachment C of this report. City of Palo Alto Page 2 In accordance with the local zoning ordinance, the Planning and Community Environment Department (PCE) received a request for hearing on both applications. The request for hearing was filed based on concerns that the project did not meet the city’s floor area and parking requirements. The gross floor area concern was validated and staff attempted to remedy the compliance issue by re-issuing an approval letter conditioning the project to comply with the city’s floor area requirements. This solution, however, was not satisfactory to the hearing requestor. The hearing for the conditional use permit was scheduled before the Planning and Transportation Commission (PTC), which forwards a recommendation of conditional approval to the City Council. The request for hearing on the architectural review permit was reviewed by the Architectural Review Board (ARB) with a recommendation for conditional approval. Consistent with Palo Alto Municipal Code Section 18.40.170, the Director of Planning and Community Environment is forwarding the recommendation of the ARB to the City Council for final action concurrent with the Council’s action on the CUP. The Council may elect to approve the CUP and ARB applications on consent or, if three Councilmembers agree, schedule the matter for a public hearing. If pulled from consent, staff recommends the hearing be scheduled for June 27 or 28, 2017. As documented in the proposed Record of Land Use Action (Attachment B), the project has been conditioned to comply with applicable gross floor area requirements and already meets required parking. Background: Owner: 260 Cal Partners, LLC Architect: Keith Morris / Studio KDA Representative: Mark Conroe Legal Counsel: None Identified Property Information Address: 260 California Avenue Neighborhood: California Avenue Business District Lot Dimensions & Area: 13,509 square feet Housing Inventory Site: Not applicable Located w/in a Plume: Yes, COE Plume Protected/Heritage Trees: Yes, in City sidewalk fronting property City of Palo Alto Page 3 Historic Resource(s): Not a historic resource Existing Improvement(s): 3-story mixed use building with basement garage; 37 feet in height; c. 2015 Existing Land Use(s): Ground floor retail/restaurant shell / 2nd and 3rd floor office space Adjacent Land Uses & Zoning: Northeast: CC(2)(R)(P) (California Avenue Business District) Northwest: PC-4172 (Parking Garage) Southeast: CC(2)(R)(P) (California Avenue Business District) Southwest: CC(2)(R)(P) (California Avenue Business District) Aerial View of Property: Source: Google Maps Land Use Designation & Applicable Plans Zoning Designation: CC(2)(R)(P) Comp. Plan Designation: CC (Regional/Community Commercial) Context-Based Design Criteria: Not applicable Downtown Urban Design Guide: Not applicable South of Forest Avenue Coordinated Area Plan: Not applicable Baylands Master Plan: Not applicable El Camino Real Design Guidelines (1976 / 2002): Not applicable Proximity to Residential Not applicable City of Palo Alto Page 4 Uses or Districts (150'): Located w/in the Airport Influence Area: Not applicable Prior City Reviews & Action City Council: None PTC: Conditional Use Permit reviewed by the Planning and Transportation Commission (PTC) on May 31, 2017 HRB: None ARB: Minor Architectural Review reviewed by the Architectural Review Board (ARB) on June 1, 2017 Director: Tentative Approval of Conditional Use Permit and Minor Architectural Review on April 6, 2017 Discussion The subject application is a request for a Conditional Use Permit (CUP) for alcohol sales in conjunction with a proposed restaurant and a minor architectural review approval for a proposed outdoor seating area. The restaurant occupies a ground floor lease area in an existing mixed-use building at 260 California Avenue. Requests to sell alcohol for on- or off-sale consumption requires a CUP and are subject to the following findings: The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. Planning staff evaluates these requests and makes a tentative decision, which any person may challenge and request a hearing before the PTC. The Commission’s review of an application is similarly subject to the same findings above and based upon the evidence in the administrative record and testimony received at the hearing. The Commission’s recommendation on the project is forwarded to the City Council and placed on the consent calendar where three or more council members may request a hearing on the application. Conditions may be imposed on the project to ensure compliance with the code, including the findings, and other applicable city policy documents. City of Palo Alto Page 5 Staff recommended findings and conditions of approval are included in the draft Record of Land Use Action (RLUA) in Attachment B. Conditions that have been revised since the tentative approval are included in bold font in the draft RLUA. In addition to the CUP request, an application for a minor Architectural Review (AR) was filed and approved by the Director’s designee. The planning department also received a hearing request for the AR application, which was heard by the ARB on June 1, 2017. The ARB recommends conditional project approval. Both applications require Council approval, which can be granted by accepting the item on the consent calendar. Typically, the Director of Planning and Community Environment would decide on the minor AR application, which could then be appealed by an interested party. However, due to the Council’s upcoming break, it is anticipated that the AR application, if appealed, could not be heard by the City Council within 45-days as required in the municipal code. For this reason, and to efficiently process the application, the PCE Director is deferring action on the AR application so that the Council may consider both applications at once. The authority to defer is set forth in Palo Alto Municipal Code Section 18.40.170. Three or more councilmembers may pull the item from the consent calendar to schedule the CUP and AR applications for hearing; in this event, the matter would be scheduled for June 27 or 28, 2017. The requests for hearings on the CUP and minor AR were based on concerns that the proposed outdoor dining area exceeded the permitted floor area and resulted in a parking deficiency. The hearing request letters are included in Attachment E and additional correspondence is included in Attachment F. A description of the gross floor area and parking issues is addressed below. Gross Floor Area Since receiving the hearing requests, staff determined that an error had been made by not including the restaurant’s proposed covered outdoor service area towards the gross floor area for the building. The outdoor seating area proposed for the restaurant would be located beneath a glass canopy cover and building eave, and in accordance with Section 18.04.030 of the Municipal Code, such covered service areas are included in the gross floor area. The hearing requestor also questioned the extent of the outdoor seating area as shown on the project plans, indicating that the plans understated the size of the area by not including covered areas in front of the building entrance and to the left of the building door. While the code does not specifically define the term “covered outdoor service area,” staff understands the term to include areas for tables, seating, and the space needed to access such seating. The service area would not include areas where customers cannot be served, and therefore, the areas immediately in front and to the left of the building entrance do not meet the intent of the term. The covered outdoor seating area shown in the project plans does not account for the building eave and is slightly more than 150 square feet. The revised conditions of approval City of Palo Alto Page 6 include a provision to clarify the extent of the area with the plans submitted for building permit. Furthermore, the building’s original entitlement excluded from the calculation of gross floor area, several storage areas in the basement parking garage. At the time of the building’s entitlement in April 2013, these storage areas were incorrectly considered accessory to the parking facility and exempted from gross floor area. Under a plain reading of the code, these storage areas should have counted toward gross floor area. To remedy this condition the PTC imposed a condition requiring the removal of the fenced-off storage areas from the garage, which has been incorporated into the RLUA. This condition was reiterated by the ARB in their recommendation of approval of the outdoor seating component of the project. An FAR diagram submitted by the applicant on May 31, 2017 clarifies the gross floor area inclusions and exclusions for the building, and demonstrates how gross floor area is calculated for this project . This FAR diagram, and the associated allocations of common areas in the building for the restaurant and retail use, is referenced in the conditions of approval for the project. The hearing requestor also requested information on the parking for the building and the proposed use. The existing building was approved on April 22, 2013 with 97 parking spaces; 41 parking spaces onsite and an additional 56 spaces provided through payment into the California Avenue Parking Assessment District. The request to intensify the retail to restaurant use requires two additional parking spaces. The applicant proposes to meet this demand by adding mechanical parking lifts that would be used by the office tenant occupying the building. The City Council amended PAMC 18.54.020(b) to address and specifically authorize mechanical lifts under certain circumstances; use of the proposed lifts would comply with those recently adopted regulations. Planning and Transportation Commission and Architectural Review Board Review The Commission and Board reviewed the project on May 31 and June 1, respectively; draft minutes are available for the PTC and included with report (Attachment H). ARB minutes are not yet available. Both the Commission and Board supported the restaurant project and found it to be an appropriate use along California Avenue. At times, board- and commission-members delved into the code language to parse to specific meaning, others considered it unfair to audit the floor area at this point several years from when the building permit was issued, and others questioned the property owner as to the intended use of the space and whether it was known during the entitlement process if a restaurant was planned at the site and why parking was not accounted for then. Staff also acknowledged that some decisions regarding floor area made when the project was entitled would have different conclusions if processed today, given Council’s direction to follow the plain reading of the code to counter earlier, more liberal interpretations. However, at the end of their respective deliberations, while members City of Palo Alto Page 7 expressed an interest for additional parking in this parking deficient area, on balance they found the project in compliance with the code and added conditions to address some of the floor area concerns expressed by the hearing requestor. Not all issues appeared satisfactorily addressed to the hearing requester, however, and at the time of this report, staff understands there is an outstanding concern regarding floor area as it relates to the proper delineation of office to restaurant area in the building’s lobby (a discrepancy of approximately 70 square feet). If this area were applied to the restaurant, it would require an additional parking space that could be provided with additional parking lifts. The Commission and Board both considered this issue and declined to accept the argument that a portion of this common building area should be allocated toward the restaurant. Part of the challenge related to this project is that the code does not provide any guidance as to the proper delineation of common space in buildings. In the past, the city has used different methods, but none of these are based on written language in the code. As part of the next annual code update, staff anticipates returning to the PTC to address the delineation of common space floor area in future projects. Policy Implications As indicated in the draft RLUA, the proposed project is consistent with the Comprehensive Plan and with the draft, revised conditions of approval, the project is consistent with the applicable development standards in the Municipal Code. Resource Impacts None. The proposed project would allow for establishment of a new restaurant in an existing commercial district. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is categorically exempt from the provisions of CEQA per Section 15301 (Existing Facilities). Attachments: Attachment A: Location Map (PDF) Attachment B: Draft RLUA, Findings, and Conditions (DOCX) Attachment C: Staff Tentative Approval Letter (PDF) Attachment D: CC(2) Zoning Comparison Table (DOCX) Attachment E: CUP and AR Hearing Request Letters (PDF) Attachment F: Correspondence (PDF) Attachment G: CC Project Plans (DOCX) Attachment H: Draft Minutes PTC 05.31.17 (260 California Ave Excerpt) (PDF) F Molly Stone's Market County Courthouseand Jail 5 Bank of the West Bldg 8 Bldg 7 J H G E B D C A 40.1' 90.0' 312.4' 309.7' 40.0' 121.4' 40.6' 75.0' .6' 46.4' 75.2'125.0' 60.2' 15.7' 40.5' 74.7' 84.4' 75.0' 84.4' 75.0' 125.0' 46.0' 40.0' 46.4'85.0' 92.4' 125.0' 46.8' 125.0' 46.9' 95.0'125.0' 95.0'125.0'125.0' 51.0' 125.0' 51.0' 125.0' 50.0' 125.0' 50.0' 125.0' 42.0' 125.0' 42.0' 125.0' 50.0' 125.0' 50.0' 50.0' 110.0' 50.0' 110.0' 50.0' 110.0' 110.0' 195.0' 110.0' 195.0' 125.0' 130.2' 115.0' 14.1' 120.3' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 351.6' 120.0' 15.7' 341.6' 160.0' 351.6' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 230.3' 1 5.7' 114.1' 70.0' 15.7' 381.6' 140.0' 381.6' 140.0' 50.4' 100.0' 50.0' 100.0' 50.0' 99.9' 50.0' 100.0' 100.0' 99.9' 100.0' 99.9' 50.0' 150.0' 70.0' 50.0'70.0' 50.0' 80.0' 50.0' 110.0' 51.0' 110.0' 51.0' 110.0' 96.0' 110.0' 96.0' 125.0' 96.0'125.0' 96.0' ' 75.0' 100.0' 100.0' 0' 100.0' 25.0' 100.0' 25.0' 100.0' 50.0' 100.0' 50.0' 4' 50.4' 50.0' 5.0' 50.0' 110.0' 82.5'110.0' 82.5' 110.0' 250.0' 110.0' 250.0'132.2' 50.0' 132.3' 132.0' 50.0' 132.2' 50.0' 131.9' 50.0' 132.0' 50.0' 131.8' 50.0' 131.9' 50.0' 131.6' 50.0' 131.8' 50.0' 131.5' 50.0' 131.6' 50.0' 100.0' 100.0' 100.0' 99.6' 150.0' 100.0' 150.0' 100.0' 131.1' 37.5' 131.2' 37.5' 30.9' 50.0' 131.1' 131.2' 37.5' 131.3' 37.5'37.8' 131.5' 37.5' 131.4' 37.5' 131.3' 37.5' 131.4' 125.0' 38.5' 125.0' 38.5' 125.0' 38.5' 125.0' 38.5' 125.0' 50.0' 125.0' 50.0' 100.0' 14.1' 40.0' 110.0' 50.0' 40.0' 90.0' 40.0' 90.0' 85.0' 100.0' 85.0' 100.0' 125.0' 92.0'125.0' 92.0' 135.6' 100.0' 10.0'9.5' 100.0' 40.0' 100.0' 40.0' 171.2' 257.7' 218.5' 121.5' 25.0' 135.0' 157.6' 125.0' 100.0'125.0' 100.1' 20.0' 10.0' 25.1' 135.0' 45.0 125.0' 50.0' 45.2' 49.5' 86.5' 2 82.5' 82.5' 82.5' 82.5' 99.0' 26.0' 26.0' 99.0' 41.0' 41.0'41.0' 125.0' 84.0'62.9' 26.2' 26.2'26.2' 36.7' 45.5' 45.5' 125.0' 125.0' 46.5' 46.5' 126.0' 126.0' 89.0' 89.0' 89.0' 89.0' 57.5' 57.5' 67.5' 67.5' ERMAN AVENUE JACARANDA LANE ASH STRE NEW MAYF IELD LANE CALIFORNIA A VENUE LANE BIRCH ST REET NEW MAYFIELD LANE CAMBRIDGE AVENUE BIRCH STREET COLLEGE AVEN PARK BO ULEVARD CAL PA R K BO ULEV AR D SH JACARANDA LANE SHERMAN AVENUE BIRCH STREET NOGAL LANE PF(R) PF(R) CC(2)(R) -2 PF(R) PC-4127 (R) CC(2)(R) CC(2) (R)(P) RM-40 PF CC (2)(P) RM-40 R) C(2)(R) This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Known Structures Tree (TR) Zone Districts abc Zone District Notes Curb Edge abc Dimensions (AP) Railroad abc Zone District Labels 0'135' 260 California Avenue CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto gowen, 2017-05-11 14:36:19 (\\cc-maps\gis$\gis\admin\Personal\Planning.mdb) Attachment B Page 1 of 6 Draft ACTION NO. 2017-____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 260 CALIFORNIA AVENUE: CONDITIONAL USE PERMIT AND ARCHITECTURAL REVIEW (16PLN-00289) On June 12, 2017, the Council of the City of Palo Alto approved the minor Architectural Review and Conditional Use Permit applications for outdoor dining area and provision for alcohol sales and service in conjunction with a new restaurant in the CC(2)(R)(P) Zoning District, making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. A conditional use permit and minor architectural review were tentatively approved with conditions by Planning staff on behalf of the Director of Planning and Community Environment on April 6, 2017. B. A timely request for hearings were received on April 19, 2017 due to concerns regarding the gross floor area of the building and outdoor dining area, and parking associated with the proposed restaurant use. C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Conditional Use Permit on May 31, 2017 subject to the conditions contained in this document. D. The Architectural Review Board (ARB) reviewed and recommended approval of the outdoor seating area on June 1, 2017. E. In accordance with PAMC 18.40.170, the Planning Director deferred approval of the minor architectural review to the City Council so the Council could act on both applications at one time. SECTION 2. Environmental Review. The proposed project has been determined to be Categorically Exempt per Section 15301 of the California Environmental Quality Act (Existing Facilities). SECTION 3. Conditional Use Permit Findings Conditional Use Permit approval is based on the findings indicated under PAMC Section 18.76.010: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or Attachment B Page 2 of 6 improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. The sale of beer, wine, and liquor with a permitted eating and drinking service is a compatible use in the California Avenue area. The proposed ancillary alcohol service will be conducted within an existing building and in a dedicated outdoor seating area that will not be injurious to property or improvements in the vicinity or detrimental to the public health, safety, general welfare, or convenience. 2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. The restaurant use, with the ancillary alcohol service, is compatible with the site’s land use designation of Neighborhood Commercial and with its CC(2)(R)(P) zoning designation. Eating and drinking establishments will serve to enliven the mix of businesses along California Avenue and contribute to the area’s economic vitality. SECTION 4. Architectural Review Findings Architectural Review approval is based on the findings indicated under PAMC Section 18.76.020 1. The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The restaurant use, with the proposed outdoor seating area, is compatible with the site’s land use designation of Neighborhood Commercial and with its CC(2)(R)(P) zoning designation. Eating and drinking establishments will serve to enliven the mix of businesses along California Avenue and contribute to the area’s economic vitality. 2. The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. Attachment B Page 3 of 6 The proposed outdoor seating area would be located adjacent to the building at 260 California Avenue, and would provide desirable street-front activation for the proposed restaurant use. The outdoor seating area would be compatible with the surrounding land uses in the California Avenue Business District, and would enhance the conditions on the site by providing a covered seating area for restaurant patrons. 3. The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The outdoor seating area furniture consists of metal chairs and tables, as well as clay planter boxes that would define the space. The muted, earth tone colors proposed for the outdoor furniture are of high aesthetic quality and would be compatible with the surrounding urban environment. 4. The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The outdoor seating area would support and enhance the proposed restaurant use. The seating area would provide at least eight (8) feet of clearance on the public side walk fronting the site to allow for pedestrian flow. This requirement would ensure that the abutting public and private areas are compatible and function properly. 5. The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. 6. The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The outdoor seating area would be defined by the use of movable clay planters. The planters would include euonymus japonicus shrubs, which are considered low water-use and drought tolerant. Once established, this species requires little maintenance beyond annual pruning. SECTION 5. Conditions of Approval. Planning 1. CONFORMANCE WITH PLANS. Except as modified by these conditions of approval, development and operation shall conform to the approved plans entitled, "Protégé Restaurant, 260 California Attachment B Page 4 of 6 Avenue, Palo Alto, CA 94301”, stamped as received by the City on April 5, 2017, and with the floor area calculations and common space allocations as depicted in the exhibit entitled “260 California, Floor Area Calculations”, stamped as received by the City on May 31, 2017. The approved plans are on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, CA, 94301. The plans submitted for building permit shall incorporate the following changes: a. The existing chain link fencing in the basement garage area shall be removed to the extent necessary to comply with the FAR development standard. 2. PARKING LIFTS. The project plans include the use of puzzle-style mechanical parking lifts to provide additional parking spaces in the on-site parking garage in compliance with PAMC Section 18.52.040, Table 2. The lifts shall provide independently-accessible spaces, and provide sufficient vertical clearance to accommodate a mid-sized sports utility vehicle. The property owner shall ensure that the lift system is installed and operated in compliance with PAMC Section 18.54.020(b), pertaining to mechanical lifts. 3. USE AND OCCUPANCY PERMIT. A valid Use and Occupancy permit issued by the Development Services Department is required for the Protégé restaurant. Prior to issuance of a building permit, the applicant shall provide calculations of the gross floor area of the building that demonstrate compliance with the FAR development standard per PAMC Section 18.04.030(a)(65). The building gross floor area, which includes the existing basement storage areas and proposed covered outdoor dining areas, shall be adjusted as needed to achieve compliance with this standard. 4. APPROVAL LETTER. This Record of Land Use Action, including the Conditions of Approval, shall be printed on the plans submitted for building permit review, as applicable. 5. RESTAURANT USE. This conditional use permit allows the sale of beer, wine, and liquor service, in conjunction with a restaurant use, to be located within an existing building and dedicated outdoor seating area. A full service food menu shall be provided during all business hours. 6. KITCHEN FACILITIES. Suitable kitchen facilities shall be maintained for the eating and drinking establishment. 7. SIGNAGE. This approval does not include new signage or adjustments to existing signage. 8. INTENSIFICATION. Any intensification of use shall require an amendment to the Conditional Use Permit and any other entitlements as specified in the Palo Alto Municipal Code. 9. EXPIRATION. The project approval shall be valid for a period of one year from the original date of approval. In the event a building permit(s) is not secured for the project within the time limit specified above, the approval shall expire and be of no further force or effect. Attachment B Page 5 of 6 10. GENERAL OPERATION. This conditional use permit allows indoor and outdoor sales and service of alcohol in conjunction with a restaurant use. The consumption of beer, wine and liquor shall be consistent with the established hours of operation and permitted functions of the restaurant. A full service menu selection shall be available during all operating hours. 11. ENTERTAINMENT. This permit does not allow any operations associated with a nightclub-type use and live entertainment shall not be permitted. There shall be no live entertainment, live music dancing or other amusement facilities or devises. An amendment to this use permit shall be required to permit these uses at the restaurant. 12. CODE COMPLIANCE. The current and proposed uses shall be comply with all applicable City codes, including Titles 9 (Public Peace, Moral and Safety) and 15 (Uniform Fire Code) of the Palo Alto Municipal Code and Titles 4 (Alcoholic Beverage Business regulations) and 19 (Public Safety) of the State of California Administrative Code. 13. AGREEMENT. The consumption of alcoholic beverages under this use permit shall be deemed an agreement on the part of the applicant, their heirs, successors, and assigns to comply with all terms and conditions of this Conditional Use Permit. 14. NUISANCES AND NOISE. The business shall be operated in a manner to protect any nearby residential properties from excessive noise, odors, lighting or other nuisances from any sources during the business hours. Noise levels emanating from the restaurant use shall not exceed the maximum level established in the PAMC Chapter 9.10. 15. REVOCATION OR MODIFICATION OF APPROVALS: The director may issue a notice of noncompliance for any failure to comply with any condition of this permit approval, or when a use conducted pursuant to a Conditional Use Permit is being conducted in a manner detrimental to the public health, safety and welfare. 16. PLANNING FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a building final inspection. Contact your Project Planner, Graham Owen, to schedule this inspection. 17. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Attachment B Page 6 of 6 18. LANDSCAPE MAINTENANCE: All landscape material shall be well maintained and replaced if necessary, to the satisfaction of the Urban Forester and Director of Planning. PUBLIC WORKS 19. TABLES, CHAIRS, AND PLANTERS: Restaurant tables, chairs, and planters may be placed on the sidewalk in the public right-of-way if the restaurant owner first applies to the Planning Division for architectural review and, upon approval, applies for and receives an encroachment permit from Public Works at the Development Center. An 8-ft wide pedestrian pathway clear of all obstructions, including the tables, chairs, and planters, must be maintained along the frontage. FIRE 20. FIRE SPRINKLER COVERAGE. Fire sprinkler protection is required under any covered outside seating areas. SECTION 6. Term of Approval. Conditional Use Permit and Architectural Review Approval. In the event actual construction of the project is not commenced within twelve months of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.77.090. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney ATTACHMENT D ZONING COMPARISON TABLE 260 California Avenue, 16PLN-00289 Table 1: COMPARISON WITH CHAPTER 18.16 (CC(2) DISTRICT) Exclusively Non-residential Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth No Requirement 13,509 sf No change Minimum Front Yard 0-10 feet to create an 8-12 foot effective sidewalk width (1), (2), (8) 0 feet No change Rear Yard No Requirement 0 feet No change Interior Side Yard (right) No Requirement 0 feet No change Street Side Yard (left) No Requirement 0 feet No change Min. yard for lot lines abutting or opposite residential districts or residential PC districts 10 feet (2) Not applicable Not applicable Build-to-lines 50% of frontage built to setback 77% No change Max. Site Coverage No Requirement Unknown Unknown Max. Building Height 37 feet (4) 37 feet No change Max. Floor Area Ratio (FAR) 2.0:1 (27,018 sf) 27,343 sf 26,847 sf with revised Conditions of Approval Daylight Plane for lot lines abutting one or more residential zone districts other than an RM-40 or PC Zone None (6) Not applicable Not applicable (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (4) As measured to the peak of the roof or the top of a parapet; penthouses and equipment enclosures may exceed this height limit by a maximum of five feet, but shall be limited to an area equal to no more than ten percent of the site area and shall not intrude into the daylight plane. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Office and Restaurant Uses Type Required Existing Proposed Vehicle Parking 1 space per 310 sf for office: 74 spaces 1 space per 155 sf for restaurant: 25 spaces Total: 99 spaces 41 spaces on site, 56 spaces in Assessment District, Total of 97 spaces 99 spaces Bicycle Parking 1 per 3,100 sf for office (40% long term and 60% short term): 7 spaces 1 per 1,500 sf for restaurant (no class requirement): 3 spaces Total: 10 spaces 10 spaces (6 long term, 4 short term) No change Loading Space 1 space for 10-99,999 sf for office 0 loading spaces for 0 - 4,999 sf of restaurant 1 space No change From:Owen, Graham To:"Jeff Levinsky"; "Paul Machado"; "Neilson Buchanan" Subject:260 Cal Ave - Meeting Followup Date:Thursday, May 11, 2017 12:54:00 PM Attachments:image001.png 260 California Avenue - ARB Approved Plans.pdf DRAFT REVISED CONDITIONS OF APPROVAL.docx Hi Jeff, Paul, and Nielsen, I’ve looked into the questions that were outstanding from our meeting last week, and have the following responses. I hope I’ve addressed everything, but if anything remains please let me know. Bicycle Parking: I’ve reviewed the project with the Transportation Division, and the section of the code that you’ve referenced (18.54.060) contains standards for bicycle parking that is a component of a new building, addition, or change in use requiring the provision of additional bicycle parking spaces per Section 18.52.060. The project would dedicate these areas for bicycle parking in excess of the minimum required number of bicycle spaces, and therefore this section does not apply. As we discussed in the meeting, another option would be to remove the existing chain link fences entirely. From the City’s perspective, it would be preferable for the project to dedicate these areas for bicycle parking in order to encourage cycling for the office and restaurant employees, rather than revert these areas to interstitial garage space which would be exempt but, due to the design of the garage, would serve no function. The applicant has indicated their willingness to do either, and I’ve amended the conditions of approval to allow for either scenario. Code Enforcement: As a condition of approval, the City will reserve the right to inspect the garage areas for conformance with the bicycle parking conversion requirement and the lift operation. This condition has been added in the attached draft (Condition #17). Parking Assessment Spaces: The original development was credited with 56 parking spaces in the assessment district (see attached ARB plans). This number is associated with the most recent assessment of the site prior to the redevelopment, and is shown in the approval for the building. With the expiration of the assessment district the City considers the site to remain credited for these 56 spaces, and the intensification of the use from retail to restaurant requires additional parking for the delta. Planters: The planters are permitted to encroach into the sidewalk, and this allowance has been added to the Public Works condition of approval requiring an encroachment permit. As I had assumed in our meeting, Public Works will indeed require that the planters be rolled indoors at the end of each evening. Seating area: The area in front of and to the immediate left of the front door is not considered a service area as there is no proposed seating. As you referenced in the meeting, Section 12.12.020 of the Municipal Code permits encroachments for the eating areas of eating and drinking establishment uses. Public Works handles encroachment permits and has their own language to describe the areas that are permitted encroachments, and they are not equivalent to the covered service areas that Planning defines for the purpose of determining the Gross Floor Area of the site. Regardless, the draft revised conditions of approval include a provision to explicitly allow no more than 150 square feet of covered outdoor service area, which will be clarified on the building permit plans to include the areas under both the glass cover and the red roof eave at the top of the building. I have included a second draft revision to the Conditions of Approval here for your review, which captures the added condition for garage and lift inspections, and affirms that planters are permitted encroachments. If you wish to withdraw the hearing requests please let me know and we will issue the revised approval letter accordingly. Best, Graham Graham Owen | Associate Planner | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2552 | E: graham.owen@cityofpaloalto.org Please think of the environment before printing this email – Thank you! From:Jeff Levinsky To:Owen, Graham Cc:Neilson Buchanan; Paul Machado Subject:Re: 260 California Avenue Status Request Date:Wednesday, May 03, 2017 7:58:51 AM Attachments:1998-1999_92-13_Assessment_Roll.pdf Hi Graham: Thanks again for meeting with us yesterday. As you requested, please find attached a city record for the California Avenue Assessment District. There's an entry for 260 Cal Ave on the top of PDF page 6 (document page 3). It shows that the property was required to have 62 spaces in 1968 but was providing 54 (via an adjacent lot, per our research), and so only had to pay for 8 spaces. In 1986, it was providing just 5 spaces and thus needed to pay for 57 spaces. It then adjusted a bit again in 1987 (more intense use?) and again in 1995. The final numbers of needing 62 and having just 6 equals the 56 spaces you are crediting the building with. There's also an entry at the bottom of the prior page for the vacant lot -- which didn't have to provide any parking. If you skim through the report, you'll see many other such examples of buildings whose contribution to the assessment district varied over the years. Since the City credits 260 Cal Ave with 56 spaces when for many years it paid for fewer spaces, my question is where is the policy that governs how many spaces to credit it with? Would a building that paid for many spaces in most years but just a few in the final year only get credit for the few? That doesn't seem fair. So I was hoping to find our City has a written policy that addresses all this. For the Downtown Assessment District, the Municipal Code actually dictates what report to use to determine how many spaces to credit a building with. That rule had a problem that we protested and staff and the Council fixed a few years ago. There's nothing in the Code though for Cal Ave. Thanks, Jeff From:Owen, Graham To:"Jeff Levinsky" Subject:RE: 260 California Avenue Status Request Date:Monday, May 01, 2017 3:59:00 PM Attachments:image001.png Hi Jeff, That’s fine, I’ll see you tomorrow at noon. Our conference room is on the 5th floor of City Hall, so just check in with our receptionist Phyllis Davis when you arrive. Best, Graham From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Monday, May 01, 2017 2:55 PMTo: Owen, GrahamSubject: Re: 260 California Avenue Status Request Hi Graham: No -- let's go ahead and meet at noon tomorrow. It's certainly not necessary from our perspective that the applicant be present. We would really like to discuss the issues with you and I'd hope you could convey to the applicant anything relevant that arises. Thanks very much, Jeff ----- Original Message ----- From: Owen, Graham To: Jeff Levinsky Sent: Monday, May 1, 2017 2:50 PM Subject: RE: 260 California Avenue Status Request Hi Jeff, Thanks. I’ve checked with the applicant and they can make a meeting on Wednesday or Thursday afternoon. I’m looking at the meeting room schedules and 4pm or 5pm on Wednesday or Thursday could work. Would either day/time work for you and the others with PAN? Best, Graham From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Monday, May 01, 2017 9:26 AMTo: Owen, GrahamSubject: Re: 260 California Avenue Status Request Hi Graham: That sounds fine. Tomorrow at noon sounds best -- I checked and I think one or more other PAN people involved in the hearings request can be there then as well. Jeff ----- Original Message ----- From: Owen, Graham To: Jeff Levinsky Sent: Monday, May 1, 2017 9:17 AM Subject: RE: 260 California Avenue Status Request Hi Jeff, I’m happy to meet, it might make sense for the applicant to be there as well so everyone can be on the same page. Are there any times that work best for you? I could do tomorrow at 12pm or 4pm, Wednesday at 9am or 12pm, or Thursday at 12pm or 4pm. Thanks, Graham From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Friday, April 28, 2017 11:10 AMTo: Owen, GrahamSubject: Re: 260 California Avenue Status Request Hi Graham: Thanks for the note. I do have a bunch of questions and remaining concerns. The draft revised conditions don't seem adequate and others neighborhood leaders involved with this agree. Would it be possible to meet with you next week to review the plans and issues in more detail? If so, please let me know what times might be possible. And I may try to bring along another person as well. Thanks again, Jeff ----- Original Message ----- From: Owen, Graham To: Jeff Levinsky Sent: Thursday, April 27, 2017 2:42 PM Subject: RE: 260 California Avenue Status Request Hi Jeff, Just following up to see if you had any questions and if the draft revised conditions are satisfactory. Thanks, Graham From: Owen, Graham Sent: Tuesday, April 25, 2017 2:31 PMTo: 'Jeff Levinsky'Subject: RE: 260 California Avenue Status Request Hi Jeff, Please see my responses to your questions below in red and the attached parking/FAR calculation sheet for reference. Let me know if you have any questions regarding this. If you would like to withdraw the appeal we will issue revised conditions of approval for the project to reflect the changes below. I have included a draft of the revised conditions here for your reference, with the changes in bold to conditions #2 and #3. Best, Graham From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Thursday, April 13, 2017 8:43 PMTo: Owen, Graham; Neilson Buchanan; Paul Machado; Rebecca SandersSubject: Re: 260 California Avenue Status Request Hi Graham: Thanks very much for sending us the materials and offering to answer questions. I do have a few questions: 1. Item 2 in the conditions of approval does not state that the puzzle lifts must remain in proper working condition. Furthermore, there is no provision for what happens if they are not working. Will the restaurant cease operating until the lifts are repaired? If need be there is a code enforcement process for bringing an applicant into compliance. If it is determined that the lift is not functioning we would inform the applicant of the violation of the required parking, and provide a timeframe for bringing the lift system back on line. To ensure compliance, we will clarify in Condition #2 that the lifts must be maintained in proper working condition. 2. The lifts are to be located in the publicly-accessible rear parking area. Is the intent that the customers of the restaurant will park in the puzzle lift system? Your letter says the lifts will be, "independently-accessible spaces that can be used by the building tenants or restaurant customers" The city in general has frowned on retail usage of puzzle lifts. Furthermore, the ground floor parking area is currently only for the office tenants. I’ve spoken with the applicant on this to get further clarity on the use of the proposed lift system, and it makes the most sense for it to be used by the building employees rather than customers. 3. Condition 7 on page 3 of the conditions of approval seems to limits all restaurant activities, not just alcohol service, to operating from 6 am to 10 pm. Is that the intent? Yes, these are the permitted hours of operation for the restaurant proper, although the applicant has indicated that they would open at lunch (11:30am – 2:30pm) and dinner (5:30pm – 10:00am) only. If the restaurant wishes to extend these permitted hours to allow late night operations, they would need to amend the CUP through a new planning application. 4. Has the city recently denied any conditional use permit requests for restaurant alcohol use? If so, on what grounds did the city deny the permits? I don’t believe that we have denied any alcohol-relate CUPs in the past few years, but we actually don’t get that many alcohol applications to begin with. We certainly look at the specific circumstances of each proposed site and use when evaluating the applications, and request changes to proposals to ensure that the findings can be met. 5. The plans and parking analysis state that there will be 150 square feet of restaurant out in front. Municipal Code §18.04.030(a)(65)(A)(vii) says that Gross Floor Area includes, “Permanently roofed, but either partially enclosed or unenclosed, building features used for sales, service, display, storage or similar use.” The 150 square feet appear to be under the overhang of the second floor, which extends for over 5 feet, and having customer seating there definitely seems to be sales and service activities. So that 150 square feet seems to qualify as Gross Floor Area. Doesn’t that extra 150 square feet of Gross Floor Area then put the building over its 2.0 FAR limit? I’ve looked into this and you are correct, the outdoor seating area counts towards GFA. I had incorrectly considered this area as counting towards parking but not towards GFA. This 150 SF of outdoor seating is offset by 172 SF of area in the trash/recycling room on the first floor, which was included in the GFA for the building’s original entitlement but should have been excluded. However, there are currently caged-off areas in the garage which are used for storage, and as these areas are not used for parking they also count towards GFA. The original entitlement plans for the building showed these storage areas, and it had been our interpretation at that time that such areas were considered accessory to parking and therefore excluded from GFA. We no longer interpret the code in this fashion, and as a result, most of these storage areas will need to be converted to an excluded function in order to fit under the 2.0:1 FAR. I will issue a revised approval letter with the attached draft conditions to ensure that these storage areas may only be used for bicycle parking, which the applicant has agreed to and is exempt from GFA. The applicant had previously proposed to use 430 SF of basement storage area, which had been counted towards their GFA and parking, and this area will be reduced to 232 SF through the revised conditions of approval. As a result of this smaller storage area for the restaurant, the total number of required additional spaces would drop from 4 to 2. 6. Furthermore, the 150 square foot number appears to understate the actual covered area being added in front of the restaurant in both depth and width:. o Depth: In addition to the overhang, there are permanent overhead glass plates above the area and a red outrigger on the top of the building. The latter appears to extend out for about 3 feet beyond the second floor overhang, so much of the outdoor seating area will be under it. o Width: The plans show the 150 square feet excluding an area in front of the restaurant entrance. But that area will be traversed by restaurant staff serving customers sitting outside. Hence, it is part of the service area of the restaurant and thus constitutes gross floor area as well. That widens the outdoor area to about 43 feet. Using the revised numbers, the covered outdoor area is then roughly 344 square feet of Gross Floor Area. Doesn’t that put the building even further over its 2.0 FAR limit? The 150 SF of covered service area does need to be parked. See Section AB in sheet A300 of the project plans for clarity on the extent of the outdoor seating area. The area to the left of the seating area is indeed covered but isn’t part of the service area, so there is no need to provide parking for these areas. Tables and chairs are not proposed in the area in front of the door and would not be considered service area. To ensure that there is no confusion on this, the conditions of approval will be revised to specifically allow no more than 150 SF of outdoor seating. 7. Gross Floor Area for restaurant use needs to be parked. Based on the prior point, the plans should show approximately 344 rather than 150 square feet of outdoor area in the parking calculation. Doesn’t that mean the building needs another parking space and the current proposal leaves it underparked? See above. 8. Does the city have a formal written policy as to how to treat parking requirements for new and rebuilt square footage in the California Avenue Assessment District? I could not find any such policy. Please see section 18.52.060 of the Municipal Code for more information on parking requirements in the Cal Ave Assessment District. 9. Because the Director’s decision entails both a Conditional Use Permit and an Architectural Review, should I request a hearing for each of them if I wish to protest the above issues? Any guidance would be appreciated. For example, do all the parking and FAR issues fall under the Architectural Review? 10. Does the city have any official forms I should use to request the hearing(s)? Thank you again, Jeff Levinsky 1682 Hamilton Ave. Palo Alto, CA 94303 650 328-1954 ----- Original Message ----- From: Owen, Graham To: Jeff Levinsky ; Neilson Buchanan ; Paul Machado ; Rebecca Sanders Sent: Thursday, April 6, 2017 6:00 PM Subject: RE: 260 California Avenue Status Request Mr. Levinsky, I wanted to update you on the application for the Protégé Restaurant at 260 California Avenue. The applicant has proposed to add the four parking spaces required to covert the existing retail space to a restaurant in their garage through the use of “puzzle”-style mechanical parking lifts. The lift system specifications are included in the revised plan set (page 9), and allow for independently-accessible spaces that can be used by the building tenants or restaurant customers. Given this change to the plans we have tentatively approved the CUP/ARB application, and I have attached the approval letter, conditions, and revised project plans in this email for your reference. If you have any questions let me know. Thanks, Graham Graham Owen | Associate Planner | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2552 | E: graham.owen@cityofpaloalto.org Please think of the environment before printing this email – Thank you! From: Owen, Graham Sent: Monday, December 12, 2016 4:40 PMTo: 'Jeff Levinsky'; Neilson Buchanan; Paul Machado; Rebecca SandersSubject: RE: 260 California Avenue Status Request Mr. Levinsky, I have received your messages and will respond to your query once I have finished reviewing the project. Thank you, Graham Graham Owen | Associate Planner | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2552 | E: graham.owen@cityofpaloalto.org Please think of the environment before printing this email – Thank you! From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Friday, December 09, 2016 3:03 PMTo: Hernandez, Victoria; Neilson Buchanan; Paul Machado; Rebecca Sanders; Owen, GrahamSubject: Re: 260 California Avenue Status Request Hi Everyone: It's been two days and we haven't heard back from Graham, so I left a voice message for him as well just now. Jeff 650 328-1954 ----- Original Message ----- From: Hernandez, Victoria To: Jeff Levinsky Cc: Neilson Buchanan ; Paul Machado ; Rebecca Sanders ; Owen, Graham Sent: Wednesday, December 7, 2016 4:37 PM Subject: RE: 260 California Avenue Status Request Dear Jeff, I am writing to let you know that the application for 260 California Avenue has been reassigned to a different Planner, Graham Owen. I have included Graham’s contact information below and have copied him in this e-mail. Please direct any questions or concerns you may have to Graham. Graham Owen | Associate Planner | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 D: 650.329.2552 | E: graham.owen@cityofpaloalto.org Thank you, Victoria Hernandez | Associate Planner | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 T: 650.329.2662 |E: victoria.hernandez@cityofpaloalto.org From: Jeff Levinsky [mailto:jeff@levinsky.org] Sent: Tuesday, November 29, 2016 5:24 PMTo: Hernandez, VictoriaCc: Neilson Buchanan; Paul Machado; Rebecca SandersSubject: 260 California Avenue Status Request Dear Ms. Hernandez: I'm writing to you on behalf of the PAN (Palo Alto Neighborhoods) Zoning Committee, which looks at zoning issues and violations on behalf of Palo Alto residents. We'd like to know the status and city's position on the use of the ground floor of 260 California Avenue as a restaurant. We are aware that a restaurant application has been filed with the city. However, restaurant use of the retail space on the building's ground floor in addition to the building's other office use appears to require more parking than the building has provided onsite and via payment into the assessment district. Hence, we don't understand why the restaurant application is proceeding at all. Can you explain? Furthermore, we see that an Architectural Review of outdoor seating has been requested. Can you tell us if that will be before some or all of the Architectural Review Board? And when is that review scheduled for? As you likely know, the California Avenue area already has an extreme parking shortage, leading to complaints from both existing merchants and nearby residents. Therefore, any new use on California Avenue that fails to comply with legal parking requirements is of grave concern. We look forward to your reply. Thanking you in advance, Jeff Levinsky Chair, PAN Zoning Committee Attachment G Project Plans Hardcopies of project plans are provided to Council Members. These plans are available to the public online and by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “260 California Avenue” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “260 Cal, updated restaurant plans, 4.5.17”. DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 4. PUBLIC HEARING / QUASI-JUDICIAL. 260 California Avenue [16PLN-00289]: Request 1 for a Hearing on the Tentative Approval of a Conditional Use Permit to Allow the 2 Sale of Beer, Wine, and Liquor in Conjunction With a Restaurant With an Outdoor 3 Seating Area. Environmental Assessment: Exempt From the Provisions of the 4 California Environmental Quality Act (CEQA) in Accordance With Guideline Section 5 15301 (Existing Facilities). Zoning District: CC(2)(R)(P). For More Information, Please 6 Contact the Project Planner Graham Owen at graham.owen@cityofpaloalto.org 7 8 Acting Chair Waldfogel: Let's come back into order and we'll move on to Agenda Item Number 9 4, a public hearing, quasi-judicial on 260 Cal Ave. permit request. 10 11 Graham Owen, Project Planner: Alright, thank you. My name is Graham Owen. I’m the Project 12 Planner that has been working on the City side on this application. This is an application for a 13 Conditional Use Permit (CUP) to permit alcohol sales in conjunction with a restaurant. It's a 14 restaurant that would occupy a tenant space in the mixed-use building at 260 California Avenue 15 which was recently built. 16 17 The application for the CUP was also filed in conjunction with a minor architectural review 18 application for an outdoor seating area immediately in front of the building and in front of the 19 tenant space. So the application was originally submitted last year and was tentatively 20 approved by staff in April of this year, April 6th. On April 19th we received a request for a 21 hearing on both the CUP application as well as the minor architectural review. So the Planning 22 and Transportation Commission (PTC) purview is for the CUP component of the project while 23 the Architectural Review Board (ARB) is the hearing body for the minor architectural element. 24 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. But having said that the reasons for the hearing requests are not related as far as we know to 1 the to the alcohol requests. They are more to do with questions about the gross floor area of 2 the site as well as parking. So I think that the my presentation as well as the applicants and the 3 hearing requestors will most likely focus on those issues as opposed to the alcohol. 4 5 This is a site plan showing the basic layout of the site in relation to California Avenue which is 6 down to the bottom of the screen as well as the adjacent properties on either side. So the 7 space that's shown in hatch is the area that would provide alcohol service. So that would 8 include the outdoor seating area that you see at the very bottom of the space as well as the 9 indoor seating area and then the other functional areas of the restaurant would be back of 10 house essentially. So there’s no alcohol served in those areas. Here's a diagram of the outdoor 11 seating area. This has been refined since this slide has been prepared. This is a component of 12 the April 6th plans that you have in front of you. So if you have any questions about those 13 plans and the revisions that have been made since that time I'm happy to go into detail about 14 that. 15 16 So the key considerations as I mentioned the reasons for the hearing request had to do with 17 gross floor area as well as parking which is inherently tied to gross floor area. So the when we 18 were when we received the hearing request we determined after the letter was sent that there 19 had been an error with staffs calculation of the gross floor area of the site and with regards to 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. the outdoor seating area. So outdoor seating is if it's covered it's considered a service area and 1 so staff incorrectly discounted that area from the gross floor area of the building. 2 3 So with that inclusion as well as an inclusion for some areas that are in the some existing 4 storage areas that are in the basement garage that put the building over the 2:1 Floor Area 5 Ratio (FAR) which is permitted in the CC2 zoning district. So in order to remedy that situation 6 while also retaining the outdoor seating area staff looked at two different particular options for 7 getting the project in compliance with the FAR standard that we have for the CC2. Those would 8 involve either removing the chain link fencing that exists down in the garage storage area which 9 distinguishes the exempt areas which are for garage vehicles, vehicle parking, from the areas 10 that are used for storage which are not considered a garage function. The other idea is to allow 11 the chain link fences to remain, but to have them be dedicated exclusively for bicycle storage 12 and bicycle parking which is considered an exempt, exempt from the gross floor area 13 calculation. 14 15 Just so you know the addition of or the intensification of the use from retail which was the 16 original plan for the for this project back in 2012 and 2013 when it was originally entitled for 17 retail to restaurant requires the addition of more parking given the intensification of the 18 parking ratio. So this proposal would include the provision of two additional spaces above what 19 is currently existing on the site so that you have two additional spaces. Both would be provided 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. by puzzle style parking lifts. And there’s a cut sheet of those of the proposed parking lift system 1 in your plans. 2 3 So just to let you know I did include an at places memo this afternoon. We received a letter 4 from the hearing requester this morning detailing a couple of additional concerns that they had 5 about staff’s inclusions and exclusions of floor area and their effect on the project. So in 6 relation or in response to that letter we have revised the or modified the conditions of approval 7 to specifically ensure that we had gross floor area calculations at the building permits stage that 8 would ensure that the project remains compliant with the FARs standard. The applicant was 9 able to provide a gross floor area calculation diagram which you have in front of you today and 10 I'd be happy to go into detail about those specifics, but it does show a compliant project from 11 an FAR standpoint. But I believe though the applicant will, would be able to provide additional 12 details on this so you can feel free to ask them questions as well as myself. 13 14 Commissioner Lauing: Where was the cut sheet for the lift? Is it in this? 15 16 Mr. Owen: It’s in the project plans. So it would be the last sheet on the project plans. 17 18 Commissioner Lauing: Sorry, we’re just trying to keep up with you. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Owen: Yeah, sure. And so with this the gross floor area calculations that you have before 1 you I believe the applicant will can provide a little bit more detail in particular going over which 2 areas get included and which get accounted to each of the uses office and restaurant. Because 3 there are some common areas where there are some questions. So with that at this point we 4 are recommending approval or we recommended the PTC recommend approval of the CUP to 5 the City Council with a determination that the project is compliant with the municipal code. 6 7 Jonathan Lait, Assistant Director: And Chair if I may I wanted to make a couple of comments. 8 One I believe staff has reviewed the plans here and based on the information that's provided 9 we we’re we agree with the allocation of floor area. 10 11 Acting Chair Waldfogel: Ok. 12 13 Mr. Lait: And the distribution of that floor area to the different uses. So two other comments. 14 Yes that we’ve reviewed. Yes. And so two comments, Chair. One, I in consultation with the 15 City Attorney we’re we think actually that while this is not technically an appeal that the appeal 16 procedures that are set forth in the PTC rules of orders might be a good model for to follow for 17 this particular case since it is the only opportunity for a request of hearing. So in that context 18 we would recommend that you hear from the requestor, the hearing requestor first and give 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. that the hearing requestor 15 minutes to speak and then the applicant can then speak. And I 1 believe it’s also for 15 minutes. So we'd recommend that you follow that model. 2 3 Acting Chair Waldfogel. So we’ll start with Mr. Levinsky and then (interrupted) 4 5 Mr. Lait: Correct. 6 7 Acting Chair Waldfogel: And then give the applicant time to respond (interrupted) 8 9 Mr. Lait: Right [unintelligible]. 10 11 Acting Chair Waldfogel: Move on to public hearing. 12 13 Mr. Lait: That's correct. 14 15 Acting Chair Waldfogel: Ok. 16 17 Mr. Lait: And before we do any of that public testimony this is a quasi-judicial item so we would 18 ask that the Commission share any disclosures that you've had regarding the project. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Chair Waldfogel: Ok. Why don’t we go ahead with the disclosures first? I can disclose 1 that I met with Mr. Levinsky. I met with Mr. Conroe, Mark Conroe, and I met with and I believe 2 he also had Anthony, I will butcher the name, Secviar on the phone as well. Was I close? So 3 that’s my disclosure. 4 5 [Unidentified Man]: I'm sorry just to be clear for disclosures you need to include the contacts 6 that you have and if you learned anything that was not in the record what you learned. 7 8 Acting Chair Waldfogel: I met with Mr. Levinsky at the site. We walked the site. He discussed 9 various conditions that are consistent with the note that he's subsequently provided. And 10 conversation with Mr. Conroe I think is consistent with the staff representations in the staff 11 reports. 12 13 Acting Vice-Chair Monk: I received an e-mail from Mr. Levinsky a couple days ago and I did 14 meet with him at the site. He went over the three areas of concern that were addressed in the 15 memo he sent late this afternoon. I was not influenced in any way by our discussion; it just 16 became very apparent to me that this was more of an enforcement and policy type issue as 17 opposed to anything having to do with an alcohol license. I got a call today from the owner of 18 the building, Mark Conroe. He was calling to ask if I had any questions. He gave me a brief 19 history of the project and all of the efforts that were made to resolve all of the issues that were 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. raised by Mr. Levinsky. He indicated that he had attempted to meet Mr. Levinsky, but he that 1 Mr. Levinsky had no interest in meeting him in person. What did I learn that was not in the 2 record? There wasn't anything that I learned that was not already in the record. 3 4 Commissioner Summa: I was contacted by Mr. Levinsky and I met with him basically to hear his 5 the his concerns that were expressed in the e-mail that he sent, letter he sent today. And so 6 yeah it was there was different information from his point of view than was in the staff report 7 and I was not contacted by any of the other people mentioned. 8 9 Commissioner Gardias: Yes, so I also talk with Mr. Levinsky and the discussion was about the 10 areas that were the calculation of the areas we reviewed the square footage of the common 11 area which I'm not sure if it's in the documents, but this was provided as 280 square feet (sf). 12 And we discussed the different [quote] paragraph applications to this issue. Thank you. 13 14 Acting Vice-Chair Waldfogel: Great, thank you. Why don't we move on then to Mr. Levinsky. 15 Fifteen minutes. 16 17 Acting Vice-Chair Monk: So we're going to give you 15 minutes. Do you want us to give a verbal 18 warning at any point in time? 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Jeff Levinsky: Sure, sure. 1 2 Acting Vice-Chair Monk: Like what at what juncture would you like that, like a minute or two to 3 wrap up or? 4 5 Mr. Levinsky: Sure. 6 7 Acting Vice-Chair Monk: Ok. 8 9 Mr. Levinsky: And we're right at nine o'clock on the clock so I’m cool. Alright, thank you. Good 10 evening everyone. Let’s see, I'm going to first talk in general terms and then I'm going to 11 update my talk because of the rapid changing plans that you have before you. Although I 12 would like to make one comment I did not do not recall a request to meet that I did not 13 accommodate. I did meet yesterday with the restaurant owners and have had subsequent 14 discussion with [them as well]. The as you’ve heard just in your last item we do have a parking 15 crisis in Palo Alto. We have many under parked buildings, we’re missing hundreds of parking 16 spaces, and that's a burden to everybody: commuters, business owners, customers, and nearby 17 residents and it shifts the cost from the building owner to everyone else. And so we look at 18 each building and worry that it if it isn't correctly parked that it just makes things worse. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. I sent you in the letter today that there were three areas of concern. I believe I'm correct in 1 saying that the first one has been accepted by the applicant so that they are now counting the 2 trash room and that cuts out a whole bunch of my slides. We’ll all get home a little earlier. The 3 way they handle the parking for that is that they reduced the basement storage it appears on 4 the plans, but I do want to mention that there are some other numbers on the plans that I don't 5 understand yet; for example, the restaurant space seems to have increased and other numbers 6 seem to have decreased. So these plans have numbers that are quite different than the 7 numbers that I received last from the City just weeks ago for this building. So I'm not sure all 8 the details are yet worked out. 9 10 The two other areas though remain. One is the treatment of common areas and how they are 11 assigned and I'll get that has been updated as well. And finally we get to the issue of the 12 outdoor area that the City has agreed as you as Graham spoke to count part of that area, but 13 not to count all the area that I think it should. And so that remains an issue for discussion. 14 15 Just to put this in context this building as the plans were approved by the City had 16 approximately allowed the building to not park three parking spaces. And if you take that you 17 multiply that across all 116 commercial buildings in the Cal Ave. area that’s 348 unparked cars. 18 By contrast the entire Evergreen Park Residential Preferential Parking (RPP) program is only 19 supposed to accommodate 250 cars. So this kind of action of allowing a building not to provide 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. the full parking if turned into a precedent would create problems potentially even larger than 1 the ones we are ready grappling with solving. 2 3 As for the trash room many of you have already heard my arguments or read about it I'm just 4 going to flip right through this because they have agreed to count the trash room as part of the 5 gross floor area of the building. So that all goes. Now let me come to the common area. The 6 concern about common areas was whether they are properly allocating all the common areas 7 between the restaurant which is on the ground floor and the two square two floors of offices 8 above. There's a reason to give more of the common area to the office and that is that in this 9 particular zone the office needs only half as much parking per square foot as the restaurant. 10 The more common area that's office the fewer parking spaces you need basically. So this shows 11 you the different common areas. They are mapped out just very quickly. There's equipment 12 room, on the left side equipment room elevator, stairs, and a the lobby and on the other side is 13 electrical room, a trash room, stairs, and a changing room. 14 15 Now when the ARB approved these plans back in 2012 they assigned the plan showed one third 16 of the common area for the trash room, electrical, and equipment utility rooms being assigned 17 to the restaurant and that's I think because there were three floors and they figure the 18 restaurants one floor so ok, one out of three. They did not assign the stairs elevator or lobby in 19 those plans at all to the restaurant. And in reading through the ARB discussion and so forth 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. they believed that the bike parking was probably going to be on the ground floor and there was 1 no mention of any storage for the retail in the basement. So I think it made more sense from 2 their perspective that that was an acceptable assignment. 3 4 In the 2017 plans that we first saw what was done was well the trash room was exempted. 5 That's now been taken care of, but all the other spaces were assigned to the office, every single 6 last square foot. As some of you have heard directly from me that did not seem plausible that 7 the restaurant wouldn't use the electrical, it wouldn't use the utility rooms. The changing room 8 when you’re a bike commuter and you come you need the changing room to change and 9 shower and so forth. However, the plans that were arrived today still do not assign and I 10 actually went ahead here and filled this in. The new the middle column there new 2017 plans 11 are as today what they've done is they've taken my suggestion for a 14 percent split. That's 14 12 percent is based that the restaurant is 14 percent of the non-common area in the building and 13 the office the other 86 percent. So they assigned 14 percent of the trash room, electrical room, 14 equipment and utility rooms, and changing rooms to the restaurant, but they still did not assign 15 any of the stairs, elevator, and lobby to the restaurant. And I think that's still an error and let 16 me try to explain why. Oh by the way it adds up to just 87 sf and my apologies to all the people 17 here if I didn't do the math right at the last moment, but I was rushing to do it for this moment. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. So what this means is that the elevators, the stairs, and the lobby are still not in any way being 1 assigned to the restaurant. Now there's the plans show that the restaurant's going to be using 2 storage in the basement and the bike storage is going to be in the basement as well the all-day 3 bike storage as well as and now they're going to be talking about possibly putting more in the 4 basement. So how the restaurant employees will bike and get into the basement and out 5 without using the elevators or the stairs is a mystery. How they will use the storage in the 6 basement without using the elevators or the stairs is a mystery. 7 8 And the lobby is not only the way you get to the elevator and the closer flight of stairs, but also 9 and this was actually in the ARB discussion that the lobby is a way you get from the rear of the 10 building which is where the public garage is on Cambridge through to the front of the building. 11 So customers of the restaurant would likely be able to use the lobby to get to the restaurant. 12 Based on that I would recommend what I call the fair policy which is assigning 14 percent to all 13 those areas. I have to tell you in looking at this sheet I have a explanation for why they didn't 14 do that. They are at 99.48 parking spaces. If they were to assign just a little bit of these 15 remaining spaces over to the restaurant it would put them above 99.48 and they would need 16 another parking space. So I believe that might be the explanation, but you'll be able to ask 17 about that as well. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Let me talk a little also about the outdoor area which remains an issue. In the plans that still 1 shown as 150 sf. Now originally the City wasn't counting this as gross floor area at all, but as 2 Graham explained they are now counting willing to count 150 sf of it. What I’ve shown you 3 here on the plans is where the front of the restaurant is it's the big glass wall there is a property 4 line which is where the sidewalk is separated from the property. There's going to be temporary 5 movable barriers that surround part of the area there and inside that are going to be tables and 6 chairs and where the restaurant will be operating outdoors. Now the code says that 7 permanently roofed, but either partially enclosed or an enclosed building features used for 8 sales, service, display storage or similar uses are floor area. 9 10 So the City has agreed to count sort of the part that's over on the right and say that's floor area, 11 but not to count the area over on the left as floor area. But if you think about it when how are 12 the customers in that outdoor seating area going to get served? The staff from the restaurant 13 is going to come out the door and they're going to take menus and drinks and food to the 14 customers. They’re going to go through this area. They're going to go through it to clean up 15 and such, by the way customers entering from outside are going to need to go through that 16 area. So really that area is part of the service area of the restaurant. You can't say that just 17 because there's no tables or chairs in a part of a restaurant it's still not part of the operation of 18 the restaurant. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. The staff report invents a new term. They say well the code does not specifically defined the 1 term covered outdoor service area. Well, that term isn't even the code so I'm not sure why 2 they asked that question, but then they say staff understands the term to include areas for 3 tables, seating, and the space needed to access such seating. Well I just showed you. The 4 route taken by the service to access the seating isn't being counted as floor area, but it should 5 be even by their statement. 6 7 There's another odd thing about this and those who visited the site with me were shown this. 8 They part of their eating area is going to be out on the sidewalk. The City that's public property 9 that's our property not theirs; why do they get to do that? Well, there is a specific exemption 10 and that is that outdoor eating areas of eating and drinking establishments are allowed to be 11 out on the sidewalk, but that leads to this sort of Alice in Wonderland paradox which is that 12 that area in front is eating area for the purposes of the sidewalk encroachment, but the City is 13 saying it's not a eating area when it counts up the FAR. I don't think that's a good way to make 14 law that the same area is half it [unintelligible] both eating area and not eating at the same 15 time. In my letter I called that Schrödinger’s café and it's a bad precedent and it would allow 16 restaurants to enclose more and more sidewalk without counting it towards FAR and frankly it 17 makes our laws look rather absurd. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. I had some simple recommendations. The first one you can I think ignore because the applicant 1 has agreed to disallow the to give up on the trash room exemption. I still believe that it makes 2 sense to assign the common areas proportionally to the restaurant and I believe it that all the 3 covered outdoor usage by the restaurant should count as floor area. With that with the 4 understanding I believe that the restaurant can then to revise their plans to conform to the FAR 5 limits and to the parking rules and they can go ahead. I don't think they need to wait around. I 6 think that all of this could be expedited very quickly and they could emerge with their 7 restaurant and be in operation as quickly as possible. So I'm happy to answer any questions I 8 guess that come up later, but I've ended early and I think that's a good thing. Thank you. 9 10 Acting Chair Waldfogel: Great, thank you. Would Mr. Conroe or anybody on your team choose 11 to like to speak? 12 13 Mark Conroe: Honorable members of the PTC, City staff, ladies and gentlemen, my name is 14 Mark Conroe; I'm here I'm the developer of the building, the original developer. I'm also one of 15 the owners of the building. I'm here to represent the applicant tonight. What I'll do is make 16 some opening remarks and then address Mr. Levinsky's allegations. 17 18 We have spent the past four years trying to find the right tenet for this long dormant space. 19 The building construction was done about two and a half years ago. Two years ago we found 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Protégé. They offer something unique to Palo Alto and this area of the San Francisco Bay Area. 1 City zoning and smart urban planning encourages active pedestrian oriented ground floor uses. 2 Protégé is such a use. We started the approval process for Protégé with the City about 18 3 months ago. Protégé submitted their completed application about nine months ago. We've 4 been unfairly caught up in a political crossfire between Mr. Levinsky and the City. We are being 5 used by Mr. Levinsky as his whipping boy or battering ram to promote his political agenda. The 6 stated purpose of this hearing tonight is to review the CUP related to the liquor license; 7 however, as you heard from staff that's not at all what's happening. Instead we're going 8 through a private audit. 9 10 Over the past several months we've tried to reach out I've tried to reach out to Mr. Levinsky 11 and understand his issues and address them. I reached out to him by phone two months ago 12 and never got a response. Since all interaction with Mr. Levinsky was going through Planning 13 staff I told the staff member times specifically in writing on March 3rd, March 6th, March 22nd, 14 April 25th, May 1st, and May 3rd that I wanted to meet with Mr. Levinsky and anybody else 15 who had an issue so I could understand their concerns and avoid unnecessary delays. I never 16 heard back regarding a meeting with Mr. Levinsky or from Mr. Levinsky. The only time there 17 was any attempt to meet was on Monday, May 1st at 2:28 p.m. The City staff sent me an e-18 mail asking if I could meet less than 24 hours later. I responded within six minutes to this email 19 saying that I wasn't available the next day given less than one day's notice, but I could meet any 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. other day that week, Wednesday, Thursday or Friday and I’d clear off my schedule. A couple 1 days later I was then told by staff that they decided to meet with Lewinsky anyway and 2 “Unfortunately they, Mr. Levinsky, were indifferent about meeting your team due to the nature 3 of their concerns which were code and policy related.” I have copies of the six emails if you like 4 to review them. 5 6 The situation is straightforward. We are parking, we are two parking spaces short of the 99 7 spaces required for a restaurant. We have 97. Represented [unintelligible] two percent 8 shortfall. We've agreed to provide these spaces. We've also addressed all the concerns raised 9 by City staff including a couple hours ago we got a whole new set of claims from Mr. Levinsky 10 and so we quickly at staff’s request produced the exhibit you see in front of you and changed 11 the allocation based on either us voluntarily trying to remove issues off the table or City staff in 12 the case of the trash room asking us to remove it. 13 14 We are FAR compliant and we are parking compliant. It should be noted that even though in 15 2,000, even though our 2013 ARB approval included approval of our garage storage spaces we 16 have agreed to rip these out. All of the storage spaces include any replacement storage space 17 in the FAR calc to placate Mr. Levinsky. In addition even though we question whether every 18 restaurant in Palo Alto is providing parking for it's covered outdoor dining area I’d say a policy 19 that's a little known we're doing so. We're being held to standard with respect to the garage 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. storage and outdoor dining areas that likely few if any other restaurants in Palo Alto are abiding 1 to or abiding by. 2 3 Finally, Mr. Levinsky a couple weeks ago questioned the area calc for the restaurant area itself. 4 We voluntarily had our architect of record field measure the space and recently to confirm its 5 actual gross floor area and we adjusted our calculations and FAR calculation to include the 6 actual number to confirm we’re in compliance. In summary we're meeting code and all of the 7 requirements requested by the Planning Department. We've been responsive and sincere in all 8 our interactions. We have also tried to address what we understand to be Mr. Levinsky’s 9 concerns as they evolved over time. All the unnecessary delays and foot dragging has cost us 10 over $100,000. We need to simply move forward with replacing an abandoned storefront with 11 a vibrant pedestrian oriented use. We ask that you allow this application to move forward 12 tonight. Thank you. 13 14 Two other quick points; I would like to walk you through the calculations quickly and maybe it 15 would help Mr. Levinsky understand what's occurred because it's not too terribly complicated. 16 And also we have some 10 letters of support from long time Palo Alto residents, long time 17 business owners, long time and major retail tenants on California Avenue who are our 18 neighbors. And Mr. Kelly is one of the owners of Protégé. We’ll submit them as part of the 19 record and a few minutes. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 So I'd like to walk through the area calcs and FAR calcs and parking calcs and address any 2 questions you have. So in simple form what you see and it's the copy you have in front of you is 3 going to be easier to see than the one up on the board because the colors are not unfortunately 4 very readable on the board. But simple form there's four floors. Two of the floors are the 5 upper office. Those haven’t changed and those are in blue. The garage space that’s shown in 6 grey is the exempt area. What’s shown in dark grey are the current storage spaces that were 7 part of the ARB approval that we’re removing. The only space that were to remain part of the 8 FAR calc has been noted a number of times is the essentially new storage space being used by 9 the restaurant which is shown in purple. 10 11 The then there's the ground floor. The ground floor is relatively straightforward and as you can 12 see just visually if you look at the one in front of you the again the grey area is exempt parking 13 area and then the purple area is the restaurant are. Those are not the controversial or the 14 parts that are questioned by Mr. Levinsky. The other areas are the pink rooms or red rooms 15 which are we're now including and allocating to both users. One's an electrical room, one's a 16 trash room and recycling and compost room all in one, and one's the utility room which has a 17 shower in it. Those we’re allocating on a pro rata basis. The 14 percent actually wasn't it 18 happens to be that Mr. Levinsky is number, but it actually is just simply taking the area of each 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. of those spaces over the total is probably how he reached it, arrived at it also. I wasn't aware of 1 his he was looking for 14 percent. 2 3 So then it gets down to the relatively small spaces you see in other colors so let me explain 4 those. There's two other colors. There's yellow and there's green. The green areas are the 5 spaces being used exclusively by the office and we'll talk about Mr. Levinsky’s contention here 6 in a second, but basically it's the elevator, the stairs to the upper floors, and the office lobby. 7 And then there's yellow areas. Yellow areas are shared areas between the garage exit, basically 8 garage stairs and the upper floor stairs. So those are allocated evenly to those two uses 50 9 percent each since they’re well probably used more by the office upstairs since there’s two 10 floors upstairs, but we in Mr. Levinsky's favor did a 50-50 split. 11 12 So bottom line is we walked through every space on the ground floor and I've shown you how 13 it's allocated. If you step back and say ok just for fun how does this compare with the ARB 14 numbers? They're actually slightly higher, about 100 sf higher. So why would I be adding 15 square footage to my detriment? It's because it's real and it's actual. That was explained 16 simply because the City Building Department right before we finished the building decided to 17 change the exiting out the back of the building because they weren’t happy with how the door 18 was opening. So we had about 100 sf of corridor space to exit. Otherwise the numbers are 19 exactly as [in the AR] building on all the floors. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 So let's talk about his the points he's raised. Again, he seems very interested in legislating how 2 we're allocating common area in our building. I think if he asks staff what they'll say is they're 3 not in the business of allocating who's using what room, but the reason Mr. Levinsky is so 4 interested in and as he stated is to try to drive up the parking ratio. The parking ratio is roughly 5 double for retail, a restaurant I should say, as it is for office. So the more you allocate to 6 restaurant the higher the parking ratio be. And so the lobby and the elevator he says that 7 should be allocated to the restaurant. The fact is the restaurant has its own exit on the outside 8 the building. They don't have card access to the lobby. It's controlled certainly after hours 9 means at 5:00 p.m. so there's no opportunity for restaurant users who may decide to park on 10 the blocks behind the building to come through the lobby. They would have to come around 11 the building like most buildings. And so simply put the elevator and the office lobby are for the 12 office tenet; period, end of story. So it for him to get interested in legislating that which staff 13 hasn't run down, gone down that rabbit hole, but apparently Mr. Levinsky wants you to. 14 15 And as part of the stairs, the stairs are handled. He was incorrect in stating that they're not 16 being handled pro rata. We basically it's a very [diminished] amount, but if you look at the 17 parking area which is dedicated to the office in the basement and you take the 160 feet out of 18 that little less than 13,000 and say I want to charge you pro rata for your share of the stair and 19 the bike room there again the tenant is about that office tenant it's about 10 times larger, a 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. little bit less than that, 8 times larger than the restaurant, but you say ok I'm a charge for one 1 eighth of the 30 square foot bike room and plus your storage area and take that ratio to 13,000 2 feet you'll get about three sf. We've included that in the 160 so they are paying their fair share 3 of using that stair to get to the bike room and to the their storage space. 4 5 As far as outdoor dining this one is the most maybe frustrating and simple. We are in the 6 simplest terms saying that we will abide by using 100 square, 150 sf of outdoor dining period, 7 end of story no matter how you use it. There is a there is an exhibit I and Graham I may need 8 your help here to go to the next slide, but I'm technology… No, I just actually want to go there’s 9 it's just that slide shows the outer dining. And basically all that you need to do is shift it over 10 five feet to incorporate the door which is Mr. Levinsky’s point. When you walk out the door the 11 architect inexplicably left the small walkway a couple feet not crosshatched and I just said just 12 move it over so it actually from the time you exit the building for outdoor dining and while you 13 walk around to serve people that's all in the 150 sf so we’re totally compliant. So there's no I 14 mean by definition we're going to do that. So this is just if you that's the 150 sf in blue and the 15 green part which is what Mr. Levinsky pointed out was not in the crosshatch area, the 150, 16 which is true. It wasn't an insidious plan it was just an error by the architect and we're more 17 than happy to right size it and just move the box over. We would trim it down and just make it 18 so it's a 150 sf. So simple, simply put we're going to only have 150 sf of outdoor covered dining 19 area to comply with FAR and to properly park the project. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Acting Vice-Chair Monk: You just have one more minute left. 2 3 Mr. Conroe: Ok, and that's all I have. I'm happy to answer any questions on these calculations, 4 but it's all the numbers basically tie out except for the noted 100 or 99 sf, 98 sf to the to the 5 numbers on the ARB original approval. So thank you very much. And I'm available answer 6 questions at any time. 7 8 Acting Chair Waldfogel: Great, thank you. Let's move on to the public hearing. How many 9 speakers do we have? 10 11 Acting Vice-Chair Monk: Eight. 12 13 Acting Chair Waldfogel: We have eight speakers (interrupted) 14 15 Mr. Lait: I think some of those might be part of the applicant team actually. 16 17 Acting Chair Waldfogel: I'm sorry. 18 19 Acting Vice-Chair Monk: Ok, so I’ll read you the speakers. We’ve got (interrupted) 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Acting Chair Waldfogel: Hold on just a second. So we've published five minutes per speaker, if 2 the speakers can manage to do it in fewer than that that would be great, but no obligation. 3 4 Acting Vice-Chair Monk: So the first is Christian Pease followed by Paul Machado and then Mike 5 Anderson. And let me just reset this. 6 7 Paul Machado: Paul Machado, Christian left. So he couldn’t stay. 8 9 Acting Vice-Chair Monk: Oh, I didn’t know that. Sorry. Ok. 10 11 Mr. Machado: Ok. 12 13 Acting Vice-Chair Monk: You still get five minutes. 14 15 Mr. Machado: Ok. As background when the building at 260 Cal Ave. was to be approved a 16 neighbor of mine approached, appealed the project and he declared it to be grossly under 17 parked and said the project was given credit for spaces that actually didn't appear, they didn't 18 exist. Although my neighbor’s statements were true the project was approved as it was 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. compliant with the law. Now again there is a question about the building being compliant with 1 the law, mainly the FAR requirements and therefore parking requirements for the restaurant. 2 3 I became concerned when the applicant replied to a citizen query about the FAR and said it 4 turns out the restaurant tenant is not using the elevator, utility room, electrical room and the 5 recycling room is exempt hence all the common areas are accommodated for in the office area. 6 I didn't understand how that could be correct and I asked that that be corrected. It seems 7 nonsensical to me. I've no complaint with the two young restaurateurs that I've met. I would 8 hope that this restaurant could open as soon as possible. I understand it's a big burden for 9 them. I want to thank Graham Owen. He met with us and tried to answer all of our questions, 10 but we worked hard in Evergreen Park for RPP very recently and it may not sound much, but if 11 it's one or two or three parking spaces it's a big deal. And if that's the only thing that's stopping 12 this restaurant from opening then I hope it's settled tonight. Thank you. 13 14 Acting Vice-Chair Monk: Mike Anderson followed by Anthony Secviar. 15 16 Mike Anderson: Hello, my name is Mike Anderson. I've lived in midtown Palo Alto for 35 years. 17 Some of you know me because of my service on different nonprofit boards in town. I'd like to 18 thank the Commission for all the time you guys spend on all these matters. I know it's a 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. thankless job and I’d like to thank you. I've dedicated most of my time to the nonprofit world 1 and not in public service like you, but thank you for your service. 2 3 My parents had a restaurant when I was a kid and I grew up around the restaurant business. It 4 wasn't a very fancy restaurant, but it was all we had and I was indoctrinated at a very young 5 age. I've always been interested in the culinary arts, but my career took me a different 6 direction and I've never really had the time, chance to kind of delve back into it. I met Anthony 7 and Dennis about a year and a half ago. And I was really moved by their idea for what they 8 wanted to do for a restaurant in Palo Alto because not only did they want to bring some of the 9 finest culinary arts to bear in Palo Alto, but they really had a commitment to teaching young 10 people about the culinary arts. They talked to me about how they had been mentored during 11 their careers and how they wanted to mentor other people and I felt that this was a very 12 important thing for our community because I think that one of the things that you can never 13 have enough of is well trained citizens. 14 15 Anthony and Dennis are just regular guys. They’re restaurant guys. All of the things that we're 16 talking about tonight are not in their stratosphere so to speak. They're not things that they 17 deal with. They've tried to be straight up and get their project approved. When they first came 18 to me and asked me to invest in their project I told them that Palo Alto is notoriously tough to 19 get a project approved in. I had no idea that it was going to be this tough. I did decide to make 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. an investment in their restaurant and I did it because I believed in them and I believed in 1 Protégé and what Protégé was trying to do. It's a small business. They're trying to create a 2 small business, create jobs for people, train people at a very high level. That's what they're 3 trying to do and they've come to our community. They've moved their families down here. 4 They've been unemployed pretty much for 18 months as they're going through this process and 5 I think some to sometimes we miss the personal element of this and the personal cost that 6 people go through just to get a restaurant approved in Palo Alto. That's all they're trying to do, 7 open a restaurant, create jobs, create a dynamic environment on Cal Avenue where we've 8 invested $7 million of taxpayer monies for the very purpose of creating a vibrant neighborhood. 9 I've been here for 35 years. I've seen California Avenue on the decline at times. Many vacant 10 spaces, many underutilized spaces. To me it's exciting that we have the opportunity to have 11 people like this willing to come to our community and create a small business and actually 12 employ people and train people. 13 14 The appellant has a point of view. He's made that very clear. And I actually may not disagree 15 with his actual global point of view, but I do disagree with this kind of nitpicking approach, the 16 death by a thousand cuts, the constant stream of comments coming in, and I believe that the 17 rules and regulations and codes of this City should be interpreted by City staff. We've had the 18 Planning Director opine on this and give us her opinion on what we should do. I think we 19 should follow those recommendations. I think we should support our staff and most 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. importantly I think we should support this restaurant and recommend that the City Council 1 approve it. Thank you very much. 2 3 Acting Chair Monk: Anthony Secviar followed by Dennis Kelly and then Dan Rose. 4 5 Mr. Lait: So Chair and I’m sorry just before the speaker begins. With the restaurant, right? So I 6 don’t know if there is any time left on the… so this is part of the applicant team. This is the 7 restaurant owners coming to speak and so we had talked about a 15 minute allocation for the 8 applicant team. 9 10 Acting Chair Monk: So 15 for…? 11 12 Mr. Lait: No, no. You… [Unintelligible-Many people speaking off mike at once]. 13 14 Anthony Secviar: We certainly hope so. I’ll push. Good evening, Commissioners; My name is 15 Anthony Secviar. I am the co-owner of Protégé the project on 260 Cal Avenue. I'd like to take 16 the opportunity to read a summary of my experience with this project and obviously this will 17 not speak to the technicals and the specifics that have been discussed tonight, but I do think it's 18 relevant in regards to a sense of urgency that we feel a need for a conclusion in this process. 19 My partner Dennis and I decided to make Palo Alto our home for Protégé and have spent the 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. better part of the past three years scouting for a location, planning our design, and applying for 1 permits. It is our dream to own and operate a world class neighborhood restaurant in the heart 2 of Silicon Valley. After 10 months of delays relating to our permits to say I am frustrated and 3 confused is but the tip of an iceberg. I have three children and together with my wife who stays 4 at home and raises our children left a lucrative and successful position in Southern California 5 soon after filing for permits last August. We had saved enough money to support our family for 6 the expected three month permit approval process and I wake up today nearly 10 months from 7 filing and I'm here talking to you. We have had no income. We have not pulled any investor 8 money to support ourselves. We do not have any outside support financially. We are not part 9 of a corporation. We are not part of a restaurant group. We are simply two guys with a vision 10 and a desire to open a great restaurant in Palo Alto. 11 12 We decided to open in Palo Alto for a number of reasons the most obvious being the affluence 13 of the demographic, the cultural diversity, and the density of the population, but where that 14 what really appealed to me was this sense in feeling of entrepreneurship that Palo Alto has 15 historically embraced. And what I intuitively assumed was a community that would open me 16 with open arms has not proven to be completely true. Although everyone we have met in this 17 community has been very supportive and excited to see our restaurant open the permitting 18 process I have experienced has been frustrating, confusing, and anything but smooth and 19 welcoming. While I am sensitive to the due process and respect the need to make sure we are 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. up to code we have had multiple planners assigned to our project and while we have spent 1 incredible amount of time and money to make necessary changes to appease both the 2 residents in opposition and the City these changes have only lead to additional issues and 3 further delays. Time and time again we have made changes and received positive and 4 optimistic reports from the City only to be let down after additional requests and delays. We 5 have done everything and agreed to everything the City has asked of us and to finally receive 6 permit approval and to ultimately have this arduous process be appealed is devastating both 7 mentally and financially. 8 9 I have met with Mr. Levinsky and those in opposition and heard their issues firsthand 10 concerning our permits and our project. I'm sure he believes that he's doing a service to the 11 City by auditing every decision the department makes and I certainly commend him for his 12 diligence, but it's my opinion that his interpretation of the zoning code is not in line with that of 13 the City. And his issues are to do with process my opinion is halting every project the City 14 approves is hardly the best avenue to invoke positive change. Having us as a willing small 15 business addition stuck in neutral so he can have a voice in how the City handles code and 16 policy seems to be unfair and it is doing our City more harm than good. I have to imagine that 17 there are more suitable forums for Mr. Levinsky to address his concerns with City policy. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. We are up to code in as far as the Department of Planning the only resource we have that can 1 lawfully tell us we are in code or out of code and we should not be held hostage in order to 2 provide a forum to debate the City's policies and how they uphold, how you uphold and 3 enforce the laws. We should not suffer simply because Mr. Levinsky does not trust the City to 4 do its job. We are up to code and should be allowed to open our business and we feel the 5 addition of an owner operated restaurant where the both of us as partners will be hands on in 6 every aspect of this project will be a great addition to a budding culinary scene here in Palo Alto 7 and humbly, humbly ask you to grant us permission and recommend us move forward with our 8 dream. Thank you. 9 10 Acting Vice-Chair Monk: Dennis Kelly. And just to expedite if we could have Dan Rose's kind of 11 come up to start afterwards. 12 13 Acting Chair Waldfogel: Mr. Kelly you're also part of the applicant group. 14 15 Dennis Kelly: Yes. 16 17 Acting Chair Waldfogel: Can I mean I want to give you a chance to talk, but maybe can you just 18 if it's possible to be brief that would be fantastic. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Kelly: [Unintelligible] I do want to submit them if I can. There are 10 letters. I was going to 1 read a couple. I will not, but these are letters from residents and business owners in Palo Alto. 2 So I'd like to submit those for the record if I could. Yeah and I think really think that everything I 3 really wanted to say has been said. I won't take a lot of your time. I mean on a personal level I 4 did leave the French Laundry after more than a decade to move to Palo Alto, to return to Palo 5 Alto. I was a resident from 1993 to 1999. I worked at a local restaurant and I fell in love with 6 the community and I wanted to come back and serve it and I convinced my partner that this 7 was the area to do it. We heard about the revitalization on California Avenue and we were 8 excited about the proximity to Caltrain and we decided that this was the right area. And 9 honestly we really do want to serve this community. We’re excited to be here and we hope 10 you'll give us that opportunity. I won’t take any more of your time. Thank you. 11 12 Acting Chair Waldfogel: Thank you. 13 14 Dan Rose: I also keep my remarks brief because it's getting late. Like Mr. Anderson I'm an 15 investor in the restaurant. I've known these gentlemen for a year and a half. I've had them 16 cook for me multiple times. Mr. Kelly is one of 200 master sommeliers in the world. Mr. 17 Secviar is I believe going to be considered one of the top chefs in the world very, very shortly 18 after opening Protégé. I say that having eaten at most of the top restaurants in the world. If 19 we don't allow this restaurant to go through we lose an opportunity to have a landmark in Palo 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Alto that will become synonymous with the City over the next decade or two. I’ve been at 1 Facebook for 11 years. I think Facebook is also synonymous with Palo Alto and I would put this 2 restaurant in that same category. I hope you will help us get this through and I think there's a 3 lot of empathy here for what these two gentlemen have gone through to try to make this 4 happen. Thank you. 5 6 Acting Vice-Chair Monk: So we’ve got Reed Gaither and then is Neilson Buchanan still… Yeah 7 and that's the last one after Neilson. Oops, sorry. 8 9 Reed Gaither: Alright. So Reed Gaither. I live actually down the road from Paul who spoke 10 earlier. He is a neighbor. I'm on Stanford Avenue about three blocks from the restaurant. I 11 have nothing really to do with any of these people here, I've just heard the story living in Palo 12 Alto. I've got friends on both sides of the aisle so to speak. Paul walks by my house every day 13 and I see all these people at schools and various functions around town. 14 15 I commend folks who worry about parking. I live here; I've been on that street for 19 years. 16 We all care about parking. I get it. This is not the way to fight the parking issue this is it's a 17 tragedy to take what people want to do with passion to create jobs and take a parking issue 18 and make it their problem. This is not their problem. This is our city problem. There are a lot 19 of things we can do to fix it, but shutting down every development and every piece of progress 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. in our town is the wrong way to do it. Paul has told me that's his plan to stop everything. Say 1 no to everything. That's not a plan. That's disruption. It doesn't help anybody. 2 3 So I live in a neighborhood. I'm very proud of all the money we spent. I know it was hard for 4 the town to get behind spending $7 million renovating our town. It's great. There are a lot of 5 complaints that California Avenue is a unique opportunity for our town and it's becoming a 6 magnet. People come here and they go to dinner they go wow I've never, I never knew this is 7 here. It's better than University Avenue. There are people walking around town, wide 8 sidewalks. It's terrific and I knew the people that took over Town & Country. I met him at a 9 party once and he said we never would have done without an anchor like Trader Joe's. Never 10 would have signed that deal and renovated that spot which now is incredible and most of you 11 probably remember it 20 years ago it was pretty derelict. So was California Avenue. 12 13 So here we go we've already spent the $7 million and these guys come along and they want to 14 open a restaurant and we’re I think quibbling over a couple of parking lots and I'm not trying to 15 disrespect the code. I get that, but now it's down to interpretation and there's no fine line 16 here. And you have a chance to get an anchor restaurant that will bring people from 17 everywhere. And no one has even made mention of the fact that they’re a block from the train 18 station. There are 200 empty spots every night down there. If anyone walks around there 19 night there are plenty of spots where they're located. So those are kind of my basic comments. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. We spent a lot in California Avenue. There's a minor grey area here. There's a bigger issue that 1 folks want to fight, let him fight it somewhere else. This is not the place to do it. 2 3 I’ll also note that so I go down I eat lunch and dinner down there three, four, five times a week. 4 That spot's been vacant a long time. There's another spot right next to it vacant. People notice 5 this. It doesn't look good. It's not good for anybody down there. It’s not good for the retailers 6 that are struggling and I think we need to take those factors into consideration in addition to a 7 parking spot. Thanks very much. 8 9 Acting Vice-Chair Monk: I mean I announced Neilson Buchanan so if he's here come on up. 10 Let’s go. 11 12 Neilson Buchanan: Thank you. I'd like to refresh your memory about history, recent history. I 13 had no involvement with the City until about 2011 and that's when the first fiasco over permit 14 parking was launched by the City and failed upon launch. And only because of resident hard 15 working scrabbling for details did permit parking ever come alive and now we've got several 16 permit parking programs going. And it’s attention to detail caused change to happen. In the 17 course of this planning exceptions/exemptions, all kinds of loopholes have been closed by the 18 City Council, but in each case it took a dedicated hard working residents putting up silly details 19 for the City Council to adjudicate. And tonight you have a chance to adjudicate what has now 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. been simplified to some very simple issues and, but these are very important details. It has 1 nothing to do with children. It has nothing to do with investment. Investors take risk and 2 you're not here to mitigate the risk they're taking. You are to adjudicate the merits of this 3 because these little exceptions/exemptions have resulted in hundreds of parking space 4 exemptions/exceptions. That's the reason the neighborhoods are full of nonresident vehicles. 5 6 So this is and above all let me say it's not the residents that I think are really most harmed by 7 this, it's the other merchants who are now going to scramble for scarce parking permits. So this 8 is all part of a ball of wax that is made worse by those tiny little exceptions. And I have great 9 empathy towards the business side of this, but the fact of it is these people who just made 10 statements really are not aware of all the hard work of eliminating exceptions and exemptions 11 and we haven't even begun to deal with the parking assessment district. That's the hottest 12 potato in town. Castillejais a good example of when things got bad enough something had to 13 give and now we're in the unenviable situation of trying to figure out what's best for Castilleja. 14 In attention to detail for the parking at Castilleja now has resulted in a rift in the neighborhood. 15 So tonight don't compound the problem, adjudicate this question, make a decision, and let's 16 move on. But I think there's a real clear cut decision. Somebody's got to make it and don't skip 17 over it like it has been in the past. City Council has been responsible for staff making all these 18 exceptions. Now is the time to look at it afresh and if necessary the Council can take a look at 19 it. Thank you. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Acting Chair Waldfogel: Great, thank you. That completes… yes? 2 3 Mr. Lait: No, I’m sorry. I would just suggest I mean we kind of had a an applicant rebuttal I 4 would just I think it be appropriate to afford Mr. Levinsky an opportunity to provide rebuttal 5 (interrupted) 6 7 Acting Vice-Chair Monk: If he has something new to say otherwise I don’t (interrupted) 8 9 Mr. Lait: Well I think your code provides for a three minute rebuttal (interrupted) 10 11 Acting Chair Waldfogel: Yeah. 12 13 Mr. Lait: And we've been following the appeal procedure. 14 15 Acting Chair Waldfogel: Ok, so let's follow that procedure. Do you have anything that you'd like 16 to add? 17 18 Mr. Levinsky: Thank you. I appreciate the applicant's explanation for some of the decisions that 19 were made. I do want to say on a personal note that I am saddened by the amount of personal 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. invective that has been leveled in this session and I don't think that Paul Machado has likely 1 ever said anything like that he wants to shut down every project. I know Paul pretty well and I 2 think many people in this community do and I don't think that I think there may be some grave 3 misunderstanding. I would like to say for myself personally I did not receive multiple requests 4 to meet with the owner through the City as stated and that there was no we were offered a 5 spot as I've explained to the owners. We were offered a spot to meet and that we checked our 6 schedules and it worked for us and we went ahead and met. And that we were unaware I think 7 that the owner was actually going to be invited or be part of that in any way. 8 9 At any rate I do think that the remaining issue first of all the 150 sf if the if that means all the 10 outdoor seating area and service area that's great if that can be accommodated in 150 sf. So I 11 think that would resolve that issue if that can be said. I think the City might want to alter its 12 conditions to make that clearer than it has been in the past. I think the remaining issue I think 13 many of you picked up on it is how the stairs and elevators are allocated. And I don't 14 understand exactly if the storage space is going to not require any elevator access how people 15 go down, but in talking with people who are responsible for running restaurants is my 16 understanding that storage space is pretty important and that would be used frequently if it is. 17 So I think we were told they wouldn't have access to the lobby, but then some of the lobby 18 space is in yellow that the so how that works exactly might be explained. So with that let me 19 wrap it up and thank you for your attention. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Acting Chair Waldfogel: Great, thank you very much. So with that we’ll close the public hearing. 2 I believe that there are still some nagging questions about what the numbers really are and 3 rather than asking you to answer those right this second if you don't have the… do you have 4 them available right now? 5 6 Mr. Owen: Are you talking about the FAR figures? Because we do have those with this 7 submittal right here that was in the at places memo. 8 9 Acting Chair Waldfogel: So this is the definitive? 10 11 Mr. Owen: This is what the architect of record has provided us today and this would be the this 12 reflects the breakdown that we're that the applicant (interrupted) 13 14 Acting Chair Waldfogel: Why don’t we start over here and then so I think we just answer the 15 question that we do have that information, but why don’t we start with Commissioner 16 Rosenblum? 17 18 Commissioner Rosenblum: So I think that we're down to just a couple of pretty small issues, so 19 one is the treatment of the outdoor area. So fortunately we still have this graphic up and there 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. that initially there was misrepresentation of the nature of the outdoor area. They've now 1 shown that it is exactly this 150 feet. With this definition is there still a discrepancy around the 2 treatment of surface area versus outdoor seating area or does staff feel that this is been 3 satisfied? Is this now a clear issue in staff’s mind? 4 5 Mr. Owen: With the FAR diagram that you have that shows right there the 150 sf and yes we're 6 satisfied with that. You have the area that's beyond the property line that's not covered and 7 that wouldn't meet our definition of gross or excuse me, of a covered service area. So for the 8 purposes of including the tabled the areas versus the areas that are in front of the door our 9 interpretation has been that if you're not being served then it's not service area. So the area 10 that you need for ingress/egress in front of the door it doesn't meet our interpretation. 11 However, there's nothing in the code that specifies what covered outdoor service area is so this 12 is where we are with that. So the 150 sf is yeah, sure. 13 14 Mr. Lait: I’m sorry. So just to be a little more succinct the diagram there in what looks like it's a 15 yellow highlighted area that shows ingress/egress we do not count that. We've not counted as 16 far as I know toward service area. So if you exclude that and the balance of the area is 150 sf. 17 We believe that that is consistent with what we understand is being proposed. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Rosenblum: Ok. I'm personally comfortable with the interpretation in the sense 1 that what you're concerned about with parking is the intensity of use so i.e. does this allow you 2 to seat more people? And so for a wait station that so the same number of waiters are there 3 whether or not they have that as a prep area or ingress/egress from parking standpoint it 4 should be unchanged. The second question or second issue is treatment of a lobby. Since 5 there is no entrance to the restaurant from the lobby and that the lobby is for business use the 6 fact that in theory someone could cut through even though it's a manned structure and has 7 certain hours it doesn't feel to me to be compelling reason to start to allocate portions of the 8 lobby to the restaurant. In terms of the stairs I wanted to ask staff about this, I just want to 9 make sure I’m interpreting this correctly. Let’s say that the staircase goes up from the 10 basement to the top floor and that the only use for the restaurant would therefore be someone 11 parking downstairs and using the stairs or staff using the stairs. And so you're allocating a 12 portion of just the basement to the first floor, correct? 13 14 Mr. Owen: It's more allocating the garage function to that hallway. So if you're looking at the 15 specific staircase that's adjacent to the at grade parking space what's been shown here is that 16 the area that where you'd be surfacing from the below grade area to at grade that's basically 17 required access to get out of the building. That has no function in those grey areas unrelated to 18 the parking use basically. So for that purpose it’s we consider it garage. It’s exempt from floor 19 area. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Commissioner Rosenblum: I'm not sure [unintelligible]. 2 3 Mr. Owen: [Unintelligible] does that answer your question? Sorry. 4 5 Commissioner Rosenblum: No, I think it might have been a different answer to a different 6 question although maybe I'm just not understanding this correctly. So there's a total area that's 7 taken up by a stairwell and then that's been allocated to office use versus restaurant use. In 8 calculating the amount that is relevant for the restaurant use I would assume it's only the 9 bottom flight of stairs, not the entire staircase which would go up to the upper floors and only 10 from the garage to the first floor. And then you take allocation of that based on the expected 11 traffic from the restaurant use. Is that correct? 12 13 Mr. Owen: That's correct, yes. 14 15 Commissioner Rosenblum: Ok. 16 17 Mr. Lait: Right, but I don't believe we're counting any area any stairway area toward the 18 restaurant and the reason being for that is our parking the gross floor area definition exempts 19 parking facilities that are ancillary in supporting the use. And so our read of this is that a 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. subterranean parking facility necessarily needs to have egress and in fact two points of egress 1 (interrupted) 2 3 Commissioner Rosenblum: Ok. 4 5 Mr. Lait: From that and so we consider that exit path to get outside of the building which is the 6 same path that somebody would take if they’re occupying the restaurant as exempt from floor 7 area. 8 9 Commissioner Rosenblum: I see. Ok, so I didn't, so your answer was the right answer to my 10 question. It seemed to me that the applicant was doing an allocation that resulted in like three 11 square feet from the stairs and that I was trying to interpret that and I understand, but you're 12 saying that there's no reason to even include any square feet. That it all should be exempt. 13 14 Mr. Lait: For the restaurant. 15 16 Mr. Owen: For the restaurant, correct. Yeah, once you start going above the at grade area so 17 going up towards the office then it would count towards the office because it has a function 18 unrelated to parking at that point. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Rosenblum: Ok. And then there was an issue on the trash room which seems to 1 have been resolved. 2 3 Mr. Owen: Correct. 4 5 Commissioner Rosenblum: Ok. So to my mind we've resolved so the allocation disputes I’m 6 comfortable with. If we go through area by area and the lobby area, the stairwells, etcetera I 7 don't see an issue. And therefore the calculation on the at place is memo should hold and 8 therefore it should be compliant. So I personally think that the applicant has now answered all 9 questions, but I wanted to make sure if staff believes that all questions have now been 10 answered. 11 12 Mr. Lait: Yeah. So during the public testimony Graham and I were just double and triple 13 checking the numbers and what we find is that the project as presented here meets the 14 standards. So the they’re two parking spaces short for the restaurant conversion if you add all 15 the 14 percent allocations and there is no standard in the code for how you do that. And in the 16 past we've taken it by floor, we've taken it we’ve divided it in half, we’ve taken the percentage, 17 the proportional share. So we just need to pick one and so if you use that proportional 18 allocation this plays out the way it is here at 99.48 parking spaces being required. That actually 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. rounds down to 99 pursuant to the code. And so they’re deficient two spaces which they're 1 proposing to use with the parking lifts. 2 3 Commissioner Rosenblum: Puzzle lifts. 4 5 Mr. Lait: The only other piece I would add is that the lobby if one found that the lobby should 6 be proportionally allocated that would add another 68 roughly square feet. 7 8 Commissioner Rosenblum: Yeah. 9 10 Mr. Lait: And that would trip another parking space. 11 12 Commissioner Rosenblum: Put them over the, yeah. Ok, so then I'm satisfied. I just want to 13 make a quick statement which is that I do think we always want to consider the public interest 14 in any project. And there's a clear desire to develop Cal Ave. which is why we spent the $7 15 million. It’s a long term project. This is exactly in keeping with the purpose of that project. 16 Having an empty space is exactly anti public interest. We get lots of input from resident 17 stakeholders with the subject line assault on neighborhood quality of life which often is 18 equated parking, but there's also a neighborhood quality of life with having a great restaurant 19 or having a street to walk down without empty spaces. So I think we’re always trying to 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. balance these two things. In this case it seems to me that this is compliant, but in addition to 1 that there's a strong interest in having a vibrant space in a place that we're trying to develop. 2 So I hope that residents take those two factors into consideration, but at any rate I have no 3 further questions. 4 5 Commissioner Summa: Ok, well I have a bunch of questions. So since outdoor seating is 6 considered FAR if it's covered and staff agrees with that inside a restaurant there are many 7 areas that exist where they don't increase the number of clients being served because you need 8 to move through the space to serve. You need to move around. I don't under… it seems the 9 intention of the code is to include outdoor seating under a permanent roof area as FAR and I 10 don't see to look at the areas you need to get through it to serve people their food in one case 11 there's no question about it and here you're saying no. So I would recommend including the 12 entire area outside that is under the roof. And the first time I looked at this project I assumed 13 they were going to put because of the heat lamps that extend under the basically under the 14 there's two more heat lamps under the overhang that extend towards the main lobby entrance. 15 I assumed they were going to use that area, but I guess not. 16 17 So I have also a question about the storage area left in the basement. I'm very concerned 18 about two aspects of this project with regards to how well it works for the restaurant client and 19 before I go any further I want to preface my comments with I really hope this restaurant gets 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. approved and gets approved quickly. I think that probably the appellant if that's what we call 1 Mr. Levinsky can't be blamed for the 10 or 18 months of delays and approving it. I heard both 2 so I don't know which it is because his involvement was very recent. So I did find that to be a 3 bit hyperbolic. 4 5 So with regards to the storage area in the basement how much of that, a lot of it has now been 6 removed, right? We're down to 163 sf or something like that. How much of that storage area 7 was the restaurant relying on so they could operate efficiently? And I don't know if the and do 8 they have enough left? 9 10 Mr. Lait: I’m sorry. So if we're going to have testimony we need to have it at the microphone. 11 12 Mr. Secviar: So I'm sorry. Can you hear me? 13 14 Commissioner Summa: Yeah. 15 16 Mr. Secviar: The original plan was some a little bit over 400 sf and we’ve limited that based on 17 the opposition's arguments and to get into FAR. We're now at 160 as you mentioned. The 18 minimum for dry storage is 100 so we’re right at the limit of our capacity as far as being 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. efficient and in code with the Health Department as far as dry storage is concerned. But we’re 1 right on the limit. 2 3 Commissioner Summa: Ok. So you feel that it's you can still operate your restaurant efficiently? 4 5 Mr. Secviar: I do. I feel the outcome of the argument has made what we had was 400 sf which 6 would made it more 1) a more efficient working business, 2) a better working environment for 7 our employees, and 3) a better experience for our guests. What we have now is 160 and then 8 just barren concrete that we can't use. Otherwise we could have been using, paying taxable 9 rent on. So I think the solution it doesn't no one has a win there. It doesn't increase use. It 10 doesn't add parking. It doesn’t take away parking, but it's just now it’s empty space because 11 someone had an argument about it. I don't think it's the best outcome. I think we can live with 12 it and we've made multiple compromises that we’ll have to live with, but we would prefer 400 13 square feet. Does that answer the question? 14 15 Commissioner Summa: Ok. And when the building plans were approved in 2013 did those plans 16 include a ventilation system for the hood system in the and in the rest in the retail area and did 17 it also include a grease trap in the retail for the retail area? 18 19 [Man]: Yes and yes. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Commissioner Summa: Ok. So what that indicates to me is that it was built to be a restaurant 2 not general retail and should in 2013 I think everybody would have been served better if it had 3 been parked for a restaurant use. So that's one thing to consider. Another thing for me to 4 consider is that if merely adding more lifts could satisfy both parties which the applicant has 5 already agreed to do and we really count the exterior space accurately and we could also 6 provide more storage why not add more lifts to this project to make it better for everyone and 7 make it compliant from everyone's point of view? 8 9 And I still don't understand why the stairway isn't necessary? Is it the case that the restaurant 10 tenant will never be able to use the elevator, they won’t have access? And they still have to get 11 things up and down to whatever storage space they have. So that allocation doesn't seem 12 quite correct to me. On the other hand I understand that the code is very vague about these 13 allocations. So maybe one thing we should do is recommend a code change that includes 14 accurate proportional allocation of these common spaces. 15 16 So… also another aspect of this to me is that this is a brand new building and to start out with a 17 brand new building that's having that’s causing these questions to arise is kind of unfortunate. 18 We have plenty of old buildings that are tricky with regards to our present code, but I think this 19 one could have I think it's a little disappointing that it didn't that there were all these questions 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. about the uses. So I would recommend that it probably needs one more parking lift as is and 1 that some consideration should be given to the adding more parking lifts and adding more 2 storage space in the basement for the restaurant in the right ratio. I find it a little 3 dissatisfactory to diminish the efficiency of the restaurant when it has already been established 4 that the building owner would add lifts to resolve the issues. 5 6 I had a question about the loading. You indicate that the loading space need has been provided 7 and I assume by that you're talking about using the alley as a loading zone. 8 9 Mr. Owen: So the ARB submittal and then this submittal as well have an area that's adjacent to 10 the transformer. So that's the area that would be providing the loading. 11 12 Commissioner Summa: Ok. And so when, ok, so when that is loading there would be less 13 access. When there is a vehicle using that as a loading zone is there is still an open lane for in 14 the alley? I know that's in our vehicle code. So there’s is enough room there for another 15 vehicle to pass? Just regular sized vehicle? 16 17 Mr. Lait: So this we didn’t reevaluate all the entitlements for when the project was first 18 [unintelligible]. We were just looking at the discrete outdoor dining and the alcohol use. So I 19 don’t know that we got the plans to (interrupted) 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Commissioner Summa: So staff doesn’t want to (interrupted) 2 3 Mr. Lait: We weren’t prepared tonight to talk about the entitlement of the building from many 4 years ago. 5 6 Commissioner Summa: Ok. Then one last question is in the conditions of approval and it's 7 Condition 7 which limits the restaurant from to operate after 10:00 p.m. including all clean up 8 and set up activities should be conducted in the business hours. I don't know if the restaurant 9 owners agreed to this. My sister is an executive chef of a large restaurant group on the East 10 Coast and if you have to cease all operations at 10:00 p.m. you probably have to quit letting 11 people in and serving people and taking orders at 7:30 because it takes hours to clean up 12 afterwards. So I don't think that that condition of approval is at all appropriate for the 13 restaurant. And in fact I think, I could be wrong, staff can answer this, but I think the zoning 14 code section that’s cited refers to CS and CN zone and this is in CC. And also it does not this 15 location is not within 50 feet of a residential zone. So I would suggest that that is not in the 16 interest of the restaurant at all. As a matter of fact I don't think the restaurant can operate for 17 one day closing that early and I also don't think it's the right it's in the zone. I mean it's in the 18 code. I don't think it's a right code place. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: So the zoning for the property is CC2. 1 2 Commissioner Summa: Correct. 3 4 Mr. Lait: With a couple one or two overlays [are] retail and so forth. And the section that we're 5 talking about is CC2. And it's a reference to (interrupted) 6 7 Commissioner Summa: It specifically says within if there's a residential use within 50 feet and 8 then it goes on to define the 6:00 to 10:00 thing for CN and CS unless I read that incorrectly, but 9 in any case the restaurant can't operate with that restriction. So... I mean maybe I’m reading it 10 wrong. No. I don't think there's a residential use within 50 feet and I don't think we really 11 mean to say to the restaurant you have to be done taking orders, serving, and all your cleanup 12 and any prep you need to do for the next day by 10:00 p.m. 13 14 Mr. Lait: Yeah. 15 16 Commissioner Summa: I mean that would be like they can have lunch. I'm assuming they're 17 open for dinner. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: So, right. I think you're right and we're I’m not seeing that the same language that's 1 written in the condition. So what we would suggest is that we just match the language as 2 provided in the code. 3 4 Commissioner Summa: Well I think since the goal of everybody in this room right now is to get 5 this restaurant open as quickly as possible. I think we should make sure that the language 6 about the hours reflects the real need of the restaurant. 7 8 Mr. Lait: And there's two, I mean we're not able to change the standard of the code at least 9 through the current process that we have. And it does talk about late night uses and activities 10 and it sets forth the regulations and it restricts business operation between the hours of 10:00 11 p.m. and 6:00 a.m. And so that's the where such uses abut residential so if it doesn't abut 12 residential then it doesn't apply. 13 14 Commissioner Summa: Ok. 15 16 Mr. Lait: Ok. And then the next one does deal with the CN and the CS and so that does not 17 apply. And then the other reference is to well, it’s not, that’s not even referenced. So 18 (interrupted) 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Summa: Right. 1 2 Mr. Lait: If it's so I hear your point. If it's not applicable we’re not going to, we wouldn’t require 3 it. 4 5 Commissioner Summa: Ok. Ok, so I think that sums up in summary though I would like to say 6 that I think there has been there was a little, there was a lot of hyperbole on the part of some 7 of the speakers. It wasn't really justified this evening and I think the fact that so many 8 accommodations have been made to Mr. Levinsky’s rather recent request for a hearing has 9 improved the project for everyone. I'm hoping we can further improve it by increasing the 10 storage space and adding lifts in the garage proportionally to accommodate everybody. Thank 11 you. 12 13 Acting Vice-Chair Monk: Sure. I guess I'd like to start by just acknowledging Mr. Levinsky for his 14 diligence in looking at the code, in looking at this project. While the applicant does take issue 15 with his attention to the project I think he does provide a very valuable guidance to the staff 16 and now to us and how we should be looking at projects that come before us. Based on his 17 outreach to staff he did find some questions as to how the code had been interpreted at the 18 time the plan was approved and so from that standpoint I am grateful to him and his colleagues 19 for their attention to the project. I reviewed all of the letters that were exchanged. They were 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. all included in our packet between Mr. Levinsky and Mr. Owen the Planner. It appeared to me 1 that every question that Mr. Levinsky had was responded to sufficiently. It appeared to me that 2 the code was complied with and in areas where there was a question about it it looked to me 3 that the applicant made the appropriate concessions in order to meet code compliance. 4 5 I also wanted to acknowledge that we received a lot of letters in support of this project. And in 6 fact the applicant or whatever we're referring to Mr. Levinsky as tonight doesn't disagree that 7 this license should be granted. We’re here tonight for this granting of an alcohol license, but 8 yet we're talking about square footage. 9 10 It's already been discussed tonight about the vibrancy and the desire to have ground floor 11 spaces utilized that we're not seeing empty buildings and that we're having a vibrant 12 community and that's reflected by people sitting outside enjoying themselves and having meals 13 outdoors. I think that we when we're looking at the code we need to be compliant with our 14 code, but we also need to look at our overreaching policy issues and determine whether or not 15 we're applying a strict application of the code or if we're looking at it in a way that would 16 balance a policy of encouraging robust areas and supporting kind of our California lifestyle of 17 eating outside and also with our California plan. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. So in my view the CPU, C… CUP. Oh, I wrote it down wrong in my notes. That's why I kept 1 getting confused. It does have some things that I would like to talk about later on, but based 2 according to our packet on Page 105 it's pretty infrequent that we receive requests for 3 restaurant alcohol use and they don't typically get denied. According to the packet eating and 4 drinking establishments contribute to both the neighborhood liveliness as well as our areas 5 economic vitality. So my view is that in both the Comp Plan as well as our the sites land use 6 designation for neighborhood commercial CC2P zoning designation to encourage the ground 7 floor pedestrian oriented uses I believe it's a comparable use in the Cal Ave. area. And I 8 recommend to City Council to approve the CUP. Based on the materials presented tonight and 9 through our packet the applicant and also with what staff has indicated based on inquires 10 Commissioner Rosenblum, sorry, I always get that wrong, the applicant does appear to meet all 11 of the code and all the requirements particularly with FAR and parking. I would encourage 12 Council to have this proceed to the Consent Calendar without any further delay so that this 13 restaurant can get opened. 14 15 I do have some differences of opinion in regards to the interpretation of the code in regards to 16 the outdoor patio and the code section referring to permanent roofed areas that staff has 17 agreed that that area that we're talking about outside that’s subject to the 150 square foot. 18 When I read the code to me a roof provides some sort of shelter, protection, things of that 19 nature. When I went and saw this site with Mr. Levinsky and I looked up I don't even know how 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. high up it was, I think it was close to 30-40 feet. I don't even know how high up this thing was, 1 but it looked to me like very much an architectural design. It did not look to me to have the 2 intended purpose of providing any sort of protection or roofing of any manner. And I believe 3 that in the moving documents that Mr. Levinsky provided he also references another awning of 4 some sort that's even higher up. So I think that I would like to ask Council to consider if they… 5 what is it that consists of a roof? I think in this case that there could be a finding that this area 6 outside really isn't underneath anything that's covered and that it wouldn't be subject to the 7 rules regarding the floor area, the ground floor area. 8 9 The code specifically says that it's a permanently roofed area that is a feature used for sales and 10 so I don't think that this building was built with that [is what I look] looks to me as an aesthetic 11 overhang to be used for the purpose of sales. So in two regards I don't think that it qualifies as 12 a roof under the code section. And that's why I have a difference of opinion with Mr. Levinsky 13 and apparently the staff as well. I bring this up because in the event that we find that there is 14 some sort of problem with the numbers that were presented tonight that might be something 15 that Council could consider an evaluation of in order to bring this building in compliance with 16 the code. 17 18 In addition I saw that the applicant made an agreement tonight about the area around the 19 garbage and likewise the storage area. I think the storage area in the parking structure in the 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. event that again it's determined at a later point in time that we’re that the applicant is 1 exceeding the square footage then I would advocate that the storage area could be considered 2 an accessory to parking and then therefore excluded from the gross floor area. 3 4 In regards to the CUPs in general I they do look a bit mismatched with what the application 5 was. I saw a lot of provisions in there and Commissioner Summa alluded to one of them so I 6 won't iterate it, but I agree that ten o'clock closing and bringing everything inside seems 7 arbitrary. Things like that, no new signage, business hours, no entertainment, all these other 8 things seemed a little bit excessive so I'm hoping that those will be dealt with internally with 9 staff. What I'd like to leave the Council thinking about are couple things: does our building code 10 match our current community vision or vision for the future? Should we allow some more 11 flexibility in allowing variances to achieve greater community goals when there isn't any harm 12 or any safety standards that are being violated? In this instance here it appears that there 13 might be a conflict between overreaching policy and our code depending on how you review 14 the code. 15 16 I suggest we schedule a discussion or the Council have a discussion about outdoor dining and 17 parking provisions and consider whether or not that should be excluded from gross floor area. 18 Mr. Levinsky brings up a good point that we want some consistency and reliance on codes in 19 the future and so I think having some discussion on that would be helpful. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Finally, Mr. Levinsky he also expressed concern about the enforcement of the CUPs. To that I 2 would recommend that the Council consider whether it should direct staff to undertake a study 3 of whether or not our CUPs are being complied with and to what extent and if not is their harm 4 being caused by lack of compliance? Are we losing any collection of fees, things of that nature 5 and undertake an analysis of why and what we can do to enforce the CUPs. That's all for now. 6 Thank you. 7 8 Acting Chair Waldfogel: Great. I guess Commissioner Lauing. 9 10 Commissioner Lauing: Ok, thanks. So just to check the numbers from the memo this is kind of 11 picking up on what Commissioner Rosenblum said. So the memo that we got from Mr. Levinsky 12 dated today had the trash room, common areas, and new outdoor areas. From what I'm 13 understanding the unaccounted gross floor area in number one is gone. The 172 is gone, 14 correct? And the outdoor area you believe is gone as well this incremental 115? 15 16 Mr. Owen: Correct, yes. 17 18 Commissioner Lauing: Alright. And then so the only question in my mind is if you feel that there 19 is some obligation to share any of the common area and I'm hearing no. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Mr. Owen: Yeah, that's correct; so some of it is being shared currently. So with these, with the 2 allegations that you see here there's no code provision that says that they must be allocated in 3 a certain way. Just and we see it as Jon has indicated we see it done in different ways from 4 different sites around the City. 5 6 Commissioner Lauing: Ok. And is the tenant paying for any common area other than the minor 7 stuff that's shared it sounds like no, correct? Ok. I mean it’s usually in the numbers when 8 you're doing a leasing and if they're not paying for any common area that's kind of a material 9 point. I think this is just such a fantastic project and we're going to get this thing done one way 10 or another, right? On the other hand there are regulations here to be… you've got to be in 11 compliance with regulations so that's what we're trying to do here. I think that it's really 12 unfortunate it's taking this long to get there, but that's probably a discussion for another night 13 of what can we do internally so that somebody who has a great project like this doesn't have to 14 go through 9 or 10 months of pain. That's bad. That's not what that message should be coming 15 to potential entrepreneurs who are building world class restaurants which this is certain to be. 16 So we got to work on that one no question. 17 18 Also concerned a little bit about the timeline which I again, it's late I want to get into that, but it 19 does seem like I heard sort of 18 months and then 9 months that it was approved so something 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. happened in that nine months which sounds like it was the developer discussing things with the 1 City was, but that was before some of the objections came up or it was when some of the 2 objections were coming up. And then the hearing came out and then there was an appeal 3 which is again perfectly legal and should be part of process. So just as a as an important 4 footnote let’s have another discussion about how we can cram some of these things down. 5 6 So I'm seeing that all of these issues have been addressed from the City's point of view and I 7 think from basically from testimony's point of view. I always I just wanted to make one other 8 comment to Commissioner [Note-Acting Vice-Chair] Monk. Whatever kinds of changes that we 9 make to regulations we can maybe we should at the end of the day in this case it still comes 10 down to there's a parking area ratio that ties to FAR and in this case as Commissioner Summa 11 said the developer could do anything, just add some more parking spaces and they'll be all 12 kinds of room for storage and all kinds of room for other stuff. So that's a business decision 13 that I think is being made over here apart from the current or future regulations. So they've got 14 to work that one out. So at this point in time literally the owner/developer could say well let's 15 put in one more parking space and that would solve storage problems and everything else. I 16 think I got that math right. So that might be something that you know should be considered 17 now in the context of getting this thing across the line. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. One detail question, when this was approved in 2013 I know you've got notice here of 97 1 spaces, 41 onsite 56 provided through payment to California Avenue Parking Assessment 2 District. Ok. So in an incremental situation like this is it an option to make a payment to the 3 California Parking Assessment District instead of lifts? 4 5 Mr. Owen: Not any longer, no. 6 7 Commissioner Lauing: Ok, and so the reverse of that question I think is also yes which is that it 8 is legal to have these lifts in lieu of parking spaces when it changes from retail designation to 9 restaurant designation? 10 11 Mr. Owen: Correct. 12 13 Commissioner Lauing: Ok, ok. So to add more parking space to get more storage area and 14 other areas including outside seating area you would have to add one parking space? 15 16 Mr. Owen: The outdoor dining area at 150 sf and the parking issue ratio for a restaurant is 155 17 so essentially yes. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Lauing: Right. So again I would put that out there that that's a business decision 1 that can be discussed between the tenant and a landlord, but it seems like adding one more 2 parking space to your point is solves a lot of problems for everybody and gives them a better 3 space for as the restaurant owner said for clients as well as service people and employees. I 4 would encourage folks to look at that. It seems to me that however that we we've gotten 5 there, maybe in the laborious kind of process, but what you're saying is that we are now right 6 on the 27,018 FAR that is the lid for this project. 7 8 Mr. Lait: They're like within 90 sf of it. 9 10 Mr. Owen: Ok 100 so 171. 11 12 Commissioner Lauing: I mean I that it so in that regard for where we are tonight with the 13 exception that I would strongly encourage more parking to be added to address the issue then I 14 would certainly I would support moving forward with it with the changes that have been made. 15 Your witness. 16 17 Commissioner Gardias: Thank you, your honor. So couple of the miracle items, questions. With 18 this current count they pretty much they owe one more parking space, right? Well, now hold 19 on a second, two, but two this is what already has been agreed upon. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Mr. Owen: They're required to have two additional. 2 3 Commissioner Gardias: Exactly, but with those two are when they account for 150 sf as well as 4 the storage area, right? 5 6 Mr. Owen: Correct. 7 8 Commissioner Gardias: But then if we start considering some other items like the lobby area 9 which I think was 68 sf so usage of that at 14 percent would automatically triggered the third 10 stop, right? 11 12 Mr. Owen: Correct. 13 14 Commissioner Gardias: So let me ask you the question like this: a if I look at this if you could just 15 help me with the calculations, if we include expanding of the service area and adding another 16 150, another 200 sf so pretty much the restaurant would utilize the space in front of the entire 17 façade, building. Would this one stall, one additional third stall allow them to utilize the entire 18 front of the building or it would trigger another for (interrupted) 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Owen: They would be if they used the entire frontage of the building in front of the 1 restaurant then that would add an additional say 300 sf or so give or take and that would put 2 them over (interrupted) 3 4 Commissioner Gardias: Let’s remove the entrances to the building, right? Because there is a 5 lobby. 6 7 Mr. Owen: Correct. [Unintelligible]. 8 9 Commissioner Gardias: So would it trigger the fourth stall requirement? 10 11 Mr. Owen: The problem is you do run up against the 2:1 FAR before you had the parking even. 12 So those outdoor seating areas if you were to extend those and have tables/chairs out in front 13 of the entire lot or the entirety of the restaurant frontage (interrupted) 14 15 Commissioner Gardias: No, I totally understand. It would go total over FAR, right? I totally get 16 it, but the question is that if we just look at the parking requirements would it trigger additional 17 forth stall? 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: No. And I say that because we don't count when you're using that calculation I believe 1 your counting area that is in the public right of way. And we don't assign parking for outdoor 2 dining (interrupted) 3 4 Commissioner Gardias: No, I'm only using the area under overhang, that glass overhang. 5 6 Mr. Lait: Right, that's only 150 sf. 7 8 Commissioner Gardias: No, no. I'm not talking about this what's already being accounted for, 9 I'm talking about the area that's to the left of it. 10 11 Mr. Lait: So the where the yellow is? 12 13 Commissioner Gardias: No. 14 15 Mr. Lait: Or the arrows, beyond the arrows? 16 17 Commissioner Gardias: That’s I’m talking about the area to the left. 18 19 Mr. Lait: The whole other section? 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Commissioner Gardias: Yes. The whole area. 2 3 Mr. Lait: That is (interrupted) 4 5 Commissioner Gardias: This would be another 300 sf, right? 6 7 Mr. Owen: I don’t know if we have the exact numbers on it, but if you included for example all 8 the areas that are between the area that they're showing is 150 sf on this slide all the way to 9 the planters for example so that area in front of the door where you have ingress/egress that 10 would probably bring another 80-90 sf or so, if that's what you're talking about. 11 12 Commissioner Gardias: I'm sorry where are they? The planters? I’m talking about the entire 13 area in front of the building except of the area in front of the lobby and some entrances. What 14 I'm saying the question is very simple, how much how many square feet it would be added 15 approximately... No, let me rephrase it. Would addition would utilization of the entire area in 16 front of the entire restaurant would trigger the fourth stall? 17 18 Mr. Owen: Certainly, yeah. It would, but they’re not proposing it. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Gardias: It's regarding if they would go over FAR. 1 2 Mr. Owen: Yes, correct. They do, they’d go well over FAR so it would trigger additional spaces, 3 but it would be a moot point because they wouldn't be in compliance. 4 5 Commissioner Gardias: We sure? 6 7 Mr. Owen: Yeah. If it's that entire space right there (interrupted) 8 9 Commissioner Gardias: Yeah, the reason that I can tell you what’s the reason, right? Because I 10 just I found it that it's inconceivable that such a restaurant would be limited with this 150 sf of 11 the service area in front of the building based on a variety of factors and I just don't want to get 12 into the history, right? If there is this is business and then if you we want to have truly great a 13 dining California Avenue we would like to just have them just do business fully as opposed to 14 just restrict them based on that the economic technicalities. So if that is if they would if that 15 expansion would still require them just to add one more third parking stall which is which 16 already originates within the utilization of some other common areas like the lobby I would 17 propose to simply require them to add three more parking, three parking stalls and then allow 18 them to expand the business along the entire facade. Ok, that was my proposal. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. And just one very quick comment, so in terms of the calculation of how much of the common 1 area I think that in the lack of guidance, prescribed guidance in the municipal code, best 2 practice should take over. So if there was consistent allocation of the common area toward 3 either retail or office that practice should be applied to this calculation and I understand that 4 you don't have this at this moment, but pretty much somebody may request it and they may 5 audit us based on this argument and this is legitimate argument from the auditor’s perspective. 6 That if you don't have prescribed regulations show me your best practice and then pretty much 7 if your best practice would be in conflict with either excluding or including that common area 8 we would be pretty much in violation of our own practices. Thank you. 9 10 Acting Chair Waldfogel: Thank you. Sometimes it's an advantage to go last. I've heard a lot of 11 things that I agree with, a couple things that I'm not sure about. I tend to agree with 12 Commissioner Gardias’ comments. I mean the building is built. It's possible that mistakes were 13 made along the way in how things were counted. I'm not persuaded that some of these 14 technical adjustments are really that material. I am more convinced on the question that it 15 looks like it was slightly under parked for restaurant from inception. And I think there's an 16 object lesson for us in this that as we look at buildings if it says even if the application says retail 17 we may want to ask a few more questions along the way or we may just want to adjust the 18 code so that retail and restaurant have the same parking requirement. But I think that this it's 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. sad that the very first tenant in this ground floor space is triggering this debate. That makes me 1 very unhappy about something about the process, something about the way the codes work. 2 3 That said if it were possible to accommodate restaurant use across the entire facade in 4 exchange for maybe a little bit more parking if the applicant were interested in that I would 5 support that. I'd like to ask a legal question which is: we just recently approved parking lifts. I 6 believe we did not approve parking lifts for restaurant and retail use. This parking requirement 7 is being triggered by a conversion to restaurant use so is a parking lift a correct remedy for the 8 for this causation? 9 10 Mr. Lait: We believe so because we're looking at parking for the entire site. The majority of the 11 site is office and so it's the aggregate that we're looking at. 12 13 Acting Chair Waldfogel: Ok, I’ll take your word for it that's what the code says. 14 15 Mr. Lait: The code doesn't, the code speaks to into the circumstances in which you can use lifts 16 and it identifies office spaces as one of those land uses that permit it and the collection of land 17 uses on the site include the restaurant and the office. So the parking for the site is provided 18 parking for both land uses. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Chair Waldfogel: Ok, so I shouldn't really lean on this causation question. It's really that 1 there's a causation, but then the remedy is in the totality of the box so to speak. 2 3 Mr. Lait: Yes. 4 5 Acting Chair Waldfogel: So anyway that's… As I said I would support that. I would support 6 things that make the restaurant work whether it's a little bit more seating space or more 7 efficient storage space or whatever these things are. I would support these as long as we can 8 remedy them appropriately with parking and be a little less focused on whether we possibly go 9 a few feet above on FAR because the building is built. Ok, anyone else want to comment? Do 10 we have a Motion or? Sorry, Commissioner Rosenblum. 11 12 Commissioner Rosenblum: Yeah, I like this direction, but I also have to say that I kind of fear 13 that we're just going to just delay the process even more. I actually 100 percent agree with 14 Commissioner Gardias’ area of inquiry so if we could add another lift that would add two net 15 spaces and therefore be able to exploit the entire front of the building for outdoor seating 16 thereby in line with what we want on Cal Ave., world class restaurant that can actually expand 17 and sufficient parking. Wouldn’t everybody be happy, but then I get queasy and think oh God, 18 now we're going to like reapply for something and get exceptions and exemptions. And so I'm 19 wondering if it has to be one or the other? If you can divide this into parts, which is I would 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. make a Motion to approve as given the changes that have been presented to us today in the at 1 places memo. And then they could still at a later time apply for an exemption to expand. And 2 then that would be an FAR exemption and that the quid pro quo would be adding more 3 parking. That would benefit the neighborhood by being over parked at that point, but I fear 4 adding exemptions and stuff at this point will add to the length of the process. But I have to say 5 I agree with the spirit of what's being proposed, but I just had one quick question for the 6 applicant who’s still here. We talked about adding a space. Has that been considered and 7 rejected? That seems to be the most obvious way of cutting. 8 9 Mr. Conroe: I was hoping someone would ask me that question. The unfortunately the way the 10 code’s written you can only use puzzle lifts which require two at a time. You can only buy them 11 two at a time. You can't buy them one at a time. So if you do vertical tandems that allows you 12 to buy one at a time. That's actually originally proposed those and they staff kabashed it so 13 because they want independent access. So the punchline is you can only add two at a time. 14 There's also some structural other constraints that made it apart from economics or anything 15 else adding more puzzle lifts, but if you add them you buy them two at a time. 16 17 Commissioner Lauing: You going to make that Motion because I would second it? 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Vice-Chair Monk: I just had a question. What exemptions are they asking for because I 1 haven't…? 2 3 Commissioner Rosenblum: They're not. I'm just saying. I'm saying that my comment was that I 4 completely agree with Commissioner Gardias and I believe Acting Chair Waldfogel agrees with 5 this thrust that, but it would require I think a exemption that it would be over FAR. They would 6 then have covered service area that would be in excess and therefore they would be in 7 violation of FAR and yada yada. But it’s a so anyway that if we went that route then it would 8 require a slightly different process; a variance, sorry. Yeah. Can I make the Motion or? 9 10 Acting Chair Waldfogel: I’m sorry, but do you have a comment? 11 12 Mr. Lait: Yeah, well regarding the Motion. I just wanted to remind the Commission that we had 13 a memo that we transmitted and so if you are making a Motion for approval we’d suggest that 14 you include this with the omission of Condition Number 7 which has to do with the hours of 15 operation. We're not finding residential uses within 50 feet of the site. And even if there are 16 this code provision still prevails and it doesn't really need to be in these conditions of approval. 17 And as you're thinking about your Motion where staff is right now we're this is sort of our 18 baseline without all my scribbles on here. And so this assumes the a prorated allocation of 14 19 percent for the common areas. It does not include a prorated allocation for the lobby space. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. That's obviously been a point of conversation for the Commission. If you end up going that way 1 there's an additional parking space that would be required and you just heard the testimony a 2 moment ago from the property owner about how that gets arranged. But this is if you can 3 make, if you're heading toward approval if you can use this as the basis for our starting point in 4 our memo that would be helpful. 5 6 MOTION 7 8 Commissioner Rosenblum: So I would make a Motion that PTC recommends the CUP be 9 granted upon the area usage as represented in the at places that was provided to us today. 10 11 SECOND 12 13 Commissioner Lauing: Second. 14 15 Commissioner Rosenblum: Yeah so removing 7 from staff report in the conditions of approval. 16 17 Acting Chair Waldfogel: If you'd like to well we have a second. So we have a Motion and 18 second. If you’d like to make a let's follow Chair Alcheck’s process. Why don’t you make an 19 Unfriendly Amendment, we get a second, we'll take a vote on it and go for it. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 UNFRIENDLY AMENDMENT #1 2 3 Commissioner Summa: So I would like to make an amendment that we include the one extra 4 space based on the allocation including the lobby which I believe the lobby is going to be open 5 during regular business hours and people will be entering the restaurant from the likely from 6 the big parking lot behind the building through the lobby and it just include, it just requires one 7 more puzzle lift and if you have to buy them in pairs you get an extra one. I don't think it puts 8 an undue burden on the property owner and I think it adds value and I think it's fair. Is that 9 acceptable? 10 11 Commissioner Rosenblum: I don't accept it, but I don't have to. You just need to find a second. 12 13 SECOND 14 15 Commissioner Gardias: I will second it, but I would like to also add to it. I have since I second it I 16 have this right to expand it. 17 18 [Man]: You know it’s late. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Gardias: Well, sorry sometimes we're stuck here till midnight. So welcome back 1 to 2016. 2 3 Mr. Lait: So if I just procedurally just to help. In the past I think what the Commission has done 4 is there's been a first a second and you can rather than tangle that one up which you’ll need the 5 original makers support for that you want to vote on that one and then go on to your additional 6 Unfriendly Amendment and try to get a second for that. You're going to need a, you’re going to 7 need support anyways because you’ll need support from the Motion maker. 8 9 Commissioner Gardias: Sorry, you've lost me here. 10 11 Mr. Lait: You're going to need so whatever your amendment is that you're contemplating 12 you're going to need the support of least one other Commissioner. 13 14 Commissioner Gardias: Yes. 15 16 Mr. Lait: And so for some for clarity I would suggest the Commission make a vote on this one 17 Unfriendly Amendment now since you have a first and a second and then you can make your 18 Unfriendly Amendment, get a second on that and then you can vote on that. Actually that's 19 how I think the Chair has done it in the past. You're going to try (interrupted) 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 SECOND TO UNFRIENDLY AMENDMENT #1 WITHDRAWN 2 3 Commissioner Gardias: [Unintelligible] understand. Let me think about this because there is a 4 different way of also addressing this. So let me maybe withdraw my second. I will approach it 5 differently. 6 7 Acting Chair Waldfogel: Ok, so do we have a second? Apparently not. Ok, so let’s hear the 8 alternate. 9 10 Commissioner Gardias: So I'd like to just make a substantive Motion. 11 12 Mr. Lait: To Motion or… 13 14 Commissioner Gardias: Yes. 15 16 Mr. Lait: Ok, Substitute Motion. 17 18 SUBSTITUTE MOTION 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Gardias: Substitute Motion to add third, to request third parking stall and allow 1 the business to operate and allow the service area to expands to the entire span of the facade. 2 3 Commissioner Lauing: No, needs a second. Needs a second. 4 5 Acting Chair Waldfogel: Yeah, needs a second. 6 7 Commissioner Gardias: Needs, I'm looking for a second, yes. 8 9 Commissioner Summa: And the reason I'm not going to second that is because I do not I believe 10 they would need a variance to achieve that to exceed the FAR and it's not on, it wasn't 11 agendized tonight. The applicant didn't even ask for it. So I think you're over complicating 12 things. So I can't. 13 14 Commissioner Gardias: So let me just if I may ask applicant, would the applicant be just I know 15 that we have a Motion on the floor, but just let me ask you from your perspective because you 16 should have been asked this question. Would you consider such arrangement that to pay more 17 because it would cost you more for additional parking space in exchange for the right to 18 operate along the entire front elevation? 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Conroe: I agree with the Commissioner who made the comment that it's going to torture 1 the process and it's going to expose us to more risk and a lot more delay because there will be 2 appeals on the variance. So we absolutely do not want a variance under any circumstance. 3 And as I said before there is a question of the feasibility of adding any more parking and that's 4 why we're trying to keep to two spaces. So if we had if you added allocation of lobby as an 5 example and that added 40 feet or something we would reduce the garage storage by 40 feet. 6 So we'd have 40 feet less and as you heard that doesn't help the restaurant, but we will be 7 adding just two spaces and we will be in compliance and we will stay in compliance with the 8 FAR and the parking and we'll just the right size things to make the numbers work which is what 9 we've done all along. Thank you. 10 11 Commissioner Gardias: Thank you very much for the… 12 13 Mr. Lait: So just so I’m not hearing a second to that Motion, but... Ok and that was a Substitute 14 Motion and so just so the Commission is just so we all understand what we're saying here. That 15 scenario that was described would not require a variance. There is based on the sheet, the 16 basis that we're working from here, there is room to more outdoor dining area in the front if 17 you accept the proportional allocations that we've talked about. And but it does require 18 additional parking. And it would require a total of 100 and… 100.35 parking spaces which 19 would be rounded down to 100. But that said, it's not the proposal that's before the 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commission tonight and it does not preclude the applicant for at some point in the future if 1 they decide that they want to extend their outdoor dining area from coming to the Planning 2 Department outside of a discretionary process and saying other than ARB and seeking to 3 amend the approval. So that option still exists whether they choose to do it at some point near 4 or in the future. 5 6 SUBSTITUE MOTION FAILED 7 8 Acting Chair Waldfogel: Ok, ok. Well, I think that we're back to the original Motion then. 9 Original Motion with a second. Do we have any other amendments anyone would like to 10 propose? Yes. 11 12 Acting Vice-Chair Monk: I just have one comment that I want to get on the record and a 13 Possible Amendment. I just want to make their recommendation that all applicants allocate the 14 common areas as they see fit so long as they remain within their FAR. As far as the Motion at 15 hand I want to look at Item Number 10 where it says it expires in one year. What happens in a 16 year? 17 18 Mr. Owen: So if I can answer that question typically we have that one year provision so that it's 19 a timeframe after the project is entitled to the point where they apply for a building permit. So 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. if they haven't applied for and secured a building permit within one year's time then we they 1 would either need to request an extension which is an administrative process or it would lapse. 2 3 Acting Vice-Chair Monk: Ok, so that doesn't apply to the license? 4 5 Mr. Lait: [Well, to the alcohol license]. That’s a separate issue. It’s just this entitlement for the 6 CUP. 7 8 Acting Vice-Chair Monk: Ok. 9 10 Mr. Lait: Based on what I’m hearing from the applicant their I don't think we're going to be 11 waiting a year for them to pull their permits. 12 13 Acting Chair Waldfogel: Great. 14 15 Mr. Lait: Permits are, have been issued the and the permit has been implemented or active 16 then the entitlement goes in perpetuity. 17 18 Acting Vice-Chair Monk: Thank you. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: Or until otherwise the use is abandoned or something. 1 2 Acting Chair Waldfogel: Ok, any further discussion? Yes. 3 4 UNFRIENDLY AMENDMENT #2 5 6 Commissioner Gardias: Yes. I'd like to make a Motion. I mean I’m sorry I would like to make a 7 Unfriendly Amendment. And I'd like to make Friendly [Note-Unfriendly] Amendment exactly as 8 Commissioner Summa stated it so pretty much there would be a third plane requirement of a 9 third parking stall. 10 11 SECOND 12 13 Commissioner Summa: I’ll second that. 14 15 Acting Chair Waldfogel: Ok, we have a Motion [Note-Unfriendly Amendment] and a second. 16 Would you like to speak to the Motion? 17 18 Commissioner Gardias: Yes. I mean pretty much that the reason is like this that if we just if this 19 is approved as is it just opens the door to variety of different interpretations and then it will 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. create a domino effect on some other restaurants and then variety of interpretations and we'll 1 just allow the other applicants to push against the limit and then point at this project and then 2 a request more FAR without that would be unparked. So I think that pretty much as is it would 3 create the risk for the City because it would cost ultimately taxpayer more money for garages 4 like we would be building very soon in the California Avenue area. That’s the reason. 5 6 Acting Chair Waldfogel: Would you like to speak to your second? Anyone else? 7 8 Commissioner Lauing: What's the wording of the Motion [Note-Unfriendly Amendment]? I’m 9 not sure I understand. 10 11 Commissioner Rosenblum: From a process standpoint I’m a little confused because I didn’t get 12 a chance speak to my Motion which is the original Motion and now we have an amendment. 13 So should we talk about the original Motion and what the language is and then what's being 14 proposed I believe is an amendment that says and they have to add additional parking, right? Is 15 that correct? 16 17 Commissioner Gardias: That's correct, yes. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Rosenblum: Ok, so the original Motion is that we approve the CUP for the 1 alcohol license for this building with the staff's conditions of approval minus Item 7 having to do 2 without hours. And then there is an Unfriendly Amendment with the second that suggests they 3 need to add an additional two tandem mechanical parking spaces I believe. No, because they 4 come in pairs. 5 6 Mr. Lait: I think that’s the result (interrupted) 7 8 Commissioner Rosenblum: They need to add one space and then they have to figure how to do 9 it. 10 11 Mr. Lait: Right. I think that's the result. The Unfriendly Amendment is to (interrupted) 12 13 Commissioner Rosenblum: Is to add one. 14 15 Mr. Lait: Count the lobby space at a 14 percent proportional area which would result in the 16 additional parking space. 17 18 Commissioner Rosenblum: So can I can speak to my initial Motion? 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Chair Waldfogel: Yes, please. 1 2 Commissioner Rosenblum: Is that where we are? Ok, so I we've talked here about the same 3 precedent and we have an applicant that has I believe at least it satisfied, so I am satisfied that 4 the applicant has fulfilled the requirements for the CUP. I believe they've gone through each 5 common space which was after they made concession on the storage and trash areas was the 6 last remaining issue. The argument really comes down to will people use the lobby or not? Will 7 people use the elevator or not? And so we're down to the percentage of people passing 8 through the lobby. And given the hours of the lobby, the position of the lobby, and the fact 9 there's no door from the restaurant to the lobby I think that the applicant has demonstrated 10 that it's not that their calculation and allocation is proper. So it holds up to both common sense 11 and the code. And so I think that the precedent for us to say well, it’d be good to have another 12 space there is also it's not great. And like I said I think we’re trying to balance a public interest 13 of having a great restaurant in a place that we're trying to develop for great restaurants against 14 further holding up the process. So to me the applicant’s demonstrated and the logic holds. 15 We've pressed on this I think pretty diligently. So my Motion is that they fulfill the 16 requirements and that this is aligned with the public interest and the City’s interest. 17 18 Commissioner Lauing: So as the second? 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Chair Waldfogel: I'm sorry. 1 2 Commissioner Lauing: As the second can I just comment? 3 4 Acting Chair Waldfogel: Yes, please. 5 6 Commissioner Lauing: So I agree with the comments of the maker of the Motion. I think that 7 the appeal was perfectly legal and appropriate. There were a couple mistakes that happened 8 to be made, mistakes made, are made on the part of the City and then there was a negotiation 9 on the part of the developer which is appropriate. And staff is telling us with all of their wisdom 10 and experience that they have now hit the number of the fair FAR. Personally I would like them 11 to add another space as I spoke to earlier, but I don't think we should legislate that at this point 12 in the process. So I would continue to support the Motion. 13 14 Acting Chair Waldfogel: Great. 15 16 Mr. Lait: So just one last thing so that we can minimize any confusion at Council when this goes 17 on June 12th I believe. There is a if you can look at the sheet that was presented here on the 18 existing plan for the basement. There are four dark grey shaded boxes. The one on the lower 19 left is the bicycle parking. That one would stay. That's all these are existing. And so the other 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. three boxes need to be removed. And the question that we identified in the staff report was do 1 we require the removal of the chain link fence and have that base be part of the just the open 2 air parking subterranean garage or do we consider those bicycle parking and exempt from the 3 code because they're otherwise that’s exempt from the accessory parking use. So if the 4 Commission could provide some clarification as to your interest on approaching that issue. 5 6 Acting Chair Waldfogel: Commissioner Rosenblum since you made the original Motion I'll give 7 you the first whack at this one. 8 9 Commissioner Rosenblum: Yeah, I mean I think it's a bit, I mean again we should have 10 addressed this in the beginning, right? And so now it’s a bit weird for me to shoehorn it into a 11 Motion and frankly I’m indifferent, but it seems most logical thing to do is remove the chain link 12 fence and then they can if they choose to put in bicycle parking in a certain subset of that area 13 then that would be logical. But it seems like just designating all of it bicycle parking whether or 14 not it's a good place for bicycles whether or not they have enough bicycles to park doesn't 15 seem great. And so it seems like the most logical thing is to remove the chain link fence and 16 make it part of the garage and therefore fulfill the requirement. So that would be my like quick, 17 my hot take. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Acting Chair Waldfogel: Let me just ask a point of clarification. If the chain link fence is 1 removed does it become functional space in any fashion or is it just dead space? 2 3 Mr. Owen: The effect is that it's just reverted to exempt garage space. So it wouldn't serve a 4 function. It would just be (interrupted) 5 6 Acting Chair Waldfogel: So we wouldn't (interrupted) 7 8 Mr. Owen: Interstitial space in the garage. 9 10 Acting Chair Waldfogel: No parking program available. So we're not I mean we're not creating 11 anything. I mean we're just taking something away. 12 13 Mr. Owen: Correct. 14 15 Acting Chair Waldfogel: Yeah. So does that affect your feeling about that? 16 17 Commissioner Rosenblum: No because then they could put a bike rack. I do expect that they 18 would probably put a bike rack in part of it. Yeah, I think that there could certainly be uses, but 19 it's I think hard to sit here right now and say 100 percent of that space needs to be used for 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. bicycle parking. I think that once it's open and that the expectation is that should be used for 1 something, but it's no longer appropriate as a closed off storage area, it's no longer a 2 (interrupted) 3 4 Acting Chair Waldfogel: I’m just wondering whether we have any interest in this at all? I mean 5 if it remains a closed off storage area does that make any difference? Do we have an interest? 6 If we have an interest then we should enforce it. 7 8 Commissioner Lauing: Eventually It could be electric bikes, maybe motorcycles? 9 10 Mr. Lait: So that Motion that you were? Were you amending your Motion? 11 12 Commissioner Rosenblum: Yes. So then if we need to consider this as well? 13 14 Mr. Lait: Yeah. 15 16 AMENDED MOTION 17 18 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Commissioner Rosenblum: Then the Motion would say and the storage spaces as identified on 1 this exhibit and so you should give it [marks] shall have the chain link fence removed and it shall 2 be part of the garage area. 3 4 Mr. Lait: Yeah. 5 6 Acting Chair Waldfogel: Ok, so we have we have an Amended Motion with a second. Any 7 further discussion or additional… Yes. 8 9 Commissioner Gardias: I just want a clarification, right, because just chain link is being removed, 10 but then besides of this removal there was a certain purpose of this area utilization. It was I 11 believe that was intentionally considered for restaurant storage. Is this right? 12 13 Mr. Lait: [Unintelligible] though. The restaurant storage area would stay. 14 15 Commissioner Gardias: No, no. But I'm talking about this shaded areas where that are… 16 17 Mr. Lait: Not all that storage area (interrupted) 18 19 Commissioner Gardias: [unintelligible] today. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Mr. Lait: Yeah, not (interrupted) 2 3 Commissioner Gardias: We going to remove the fence, right, and then, but then in original 4 intention, original purpose of this area was related to the restaurant? 5 6 Mr. Owen: The portion that you see that's so you see the area that's in purple in the garage. So 7 the area just beneath that most of that area was originally going to be for the storage. The 430 8 sf of storage. 9 10 Commissioner Gardias: Of the restaurant. 11 12 Mr. Owen: Right. The other two areas were not. 13 14 Commissioner Gardias: Yeah so it's hard [for me] I mean if there was an original intention of the 15 restaurant to use it for a storage, right, I just I cannot foresee that suddenly the restaurant with 16 storage needs will suddenly that this needs will suddenly evaporate, right? So for this result I 17 just I believe that sooner or later the space in the garage may be utilized regardless of some 18 access requirement or some inspection requirements that we may place upon this upon the 19 restaurant owner to comply with this. There is a great possibility that within time it will pretty 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. much be neglected and utilized with original purpose because if they needed the space they 1 will find the space. So for this reason I think that it should be considered as in addition to the 2 lobby area as part of the common area that would be counted toward the parking stall. 3 4 Mr. Lait: So unless that’s made into an amended Motion I think you can call for (interrupted) 5 6 Acting Chair Waldfogel: Right, well so there a second? Is so the Motion is to count that as? 7 8 Commissioner Gardias: To include it in the proportion of the common area. 9 10 Acting Chair Waldfogel: Ok and… 11 12 UNFRIENDLY AMENDMENT #3 13 14 Commissioner Gardias: Yeah, to include it in the proportion of the common area that would be 15 allocated toward the restaurant. Include that shaded area below this purple rectangle as the 16 count toward the common area that will be proportionally allocated at the 14 percent rate 17 toward the restaurant use. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Mr. Lait: Right. So if I can just so I think we're hearing clearly from the applicant that they're 1 going to work with the 160 sf. I mean if add more square footage to count toward storage they 2 need to add another parking space. They've told us that that's two tandem parking spaces. 3 We've heard that the property owner is not that's not the application that’s before you. It's not 4 their request. They don't want to do that. If we find out later that the restaurant is operating 5 and is using this as storage area there's a remedy, remove it or seek the necessary approvals to 6 extend the storage. Nothing here prevents the applicant, property owner, restaurant tenat 7 from coming back and saying we need more storage and we recognize that we need to provide 8 the additional lifts and staff this is what we need to do. So there's room for flexibility on this in 9 the future if needed. 10 11 Acting Chair Waldfogel: Ok, so do we have a second? 12 13 Commissioner Summa: Second for what now? 14 15 Acting Chair Waldfogel: Second for an amendment to count the storage space as part of the 16 common space attributed to the restaurant. 17 18 Commissioner Lauing: The ex-storage space. 19 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. UNFRIENDLY AMENDMENT #3 FAILED 1 2 Acting Chair Waldfogel: Ex-storage space. Ok, no second. Sorry. Ok, so we have a Motion on 3 the floor with a second. Any further discussion, any other comments? And [I’ll just] say I will 4 support this. I'm a little unhappy that we find ourselves in this situation with this building that 5 this change in use is triggering so much complexity that we should have anticipated this earlier 6 in the process and we should just look at our processes going forward. But in this case I don't 7 think that that's something that we should necessarily lay on the applicant. So anyhow we have 8 a Motion on the floor, second. All in favor? 9 10 Mr. Owen: Oh, just to be clear we should probably [think of the] Motion on the previous 11 amendment. I'm sorry a vote on the previous amendment. [unintelligible-crosstalk off mike] 12 13 Mr. Lait: Oh, right, right, right, right. So right. You had the Motion and (interrupted) 14 15 Acting Chair Waldfogel: Ok, sorry about that. 16 17 Mr. Lait: Commissioner Summa (interrupted) 18 19 Acting Chair Waldfogel: We’re all getting anxious now. 20 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 1 Mr. Lait: You seconded the Motion to count a lobby. So (interrupted) 2 3 Acting Chair Waldfogel: Ok, yeah so we have it we have an Unfriendly Amendment to add to 4 count what is it, part of the lobby? 5 6 Commissioner Summa: That the lobby be added to the proportional (interrupted) 7 8 Acting Chair Waldfogel: Yeah. 9 10 Commissioner Summa: Accounting which would trigger (interrupted) 11 12 [Man]: Right. 13 14 VOTE 15 16 Acting Chair Waldfogel: Ok, so we have that Unfriendly Amendment with a second. All in favor? 17 All opposed? Ok, so that one loses 2-4. 18 19 DR A F T _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. UNFRIENDLY AMENDMENT #2 FAILED (2-4-0-1, Commissioners Gardias and Summa for, Chair 1 Alcheck absent) 2 3 Mr. Lait: With Commissioners Gardias and Summa against or for. 4 5 VOTE 6 7 Acting Chair Waldfogel: Commissioners… yes, Commissioners Gard, yes. Oh now we go back to 8 the original Motion. Are we good now? Ok, Motion on the floor. So all in favor? All opposed? 9 Any abstentions? So we have one abstention, Commissioner Gardias, otherwise the Motion 10 carries. Do you want to count? 11 12 MOTION PASSED (5-0-1-1, Commissioner Gardias abstained, Chair Alcheck absent) 13 14 Acting Chair Waldfogel: Ok, great. It's getting late. 15 16 Mr. Lait: But that item’s done. 17 18 Acting Chair Waldfogel: That item is done. 19 20 City of Palo Alto (ID # 8203) City Council Staff Report Report Type: Action Items Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Downtown Palo Alto Business Improvement District Assessment Title: PUBLIC HEARING: Adoption of a Resolution Confirming the 2017-18 Report of the Palo Alto Downtown Business Improvement District Advisory Board and Levying Assessments for Fiscal Year 2018 on Businesses in the Downtown Business Improvement District From: City Manager Lead Department: City Manager Recommendation 1. Hold a public hearing on the levy of proposed assessments in Fiscal Year 2018 in connection with the Downtown Palo Alto Business Improvement District; and 2. Approve a resolution confirming the report of the Advisory Board and levying an assessment for Fiscal Year 2018 on the Downtown Palo Alto Business Improvement District (Attachment B). Background In 2004, the City adopted an ordinance creating the Palo Alto Downtown Business Improvement District (BID), under the California Parking and Business Improvement District Law of 1989, to promote the economic revitalization and physical maintenance of downtown Palo Alto through the attraction of customers and consumers who will patronize District businesses. The Council appointed the Board of Directors of the Palo Alto Downtown Business and Professional Association (PADBPA), a non-profit corporation, as the Advisory Board for the BID. The Board’s purpose is to advise the Council on the method and basis for levy of assessments in the BID and the expenditure of revenues derived from the assessments. Under BID law, the Advisory Board must annually submit to the Council a report that proposes a budget for the upcoming Fiscal Year for the BID. The report must: 1) propose any boundary changes in the BID; 2) list the improvements and activities to be provided in the Fiscal Year; 3) estimate the cost to provide the improvements and activities; 4) set forth the method and basis for levy of assessments; 5) identify surplus or deficit revenues carried over from the prior Fiscal Year; and 6) identify amounts of contributions from sources other than assessments. City of Palo Alto Page 2 State law requires the City to reauthorize the BID annually. Each year, the City Council must hold a public hearing, approve the advisory board annual report, and determine whether or not to levy the annual assessments. Typically, funds generated from business improvement districts are used for marketing, promotions, maintenance, and beautification of business districts. Although the Palo Alto Downtown BID is an active participant in many issues related to downtown businesses (i.e. utility infrastructure and transportation), their budget and priorities restrict their ability to fund major infrastructure projects such as parking structures or streetscape improvements. In 2004, the City adopted a method for calculating each business’s assessment based on the size, type, and location of the business. Based on an analysis of benefits received, retailers and restaurants pay a larger assessment because they receive more benefit from BID activities. For example, a small-large retailer/ restaurant would pay $225 to $450, while a small-large professional business (architect, accountant, etc.) pay in the $50 to $225 range. Professional businesses pay the least since they receive less benefit from the BID. Under the agreement between the City and PADBPA, the City is responsible for invoicing and collecting BID revenues. Two years ago (FY 2016), the City contracted with an outside firm (MuniServices LLC) to handle invoicing, billing, collections and reporting, at an annual cost of $8,500. These services relieve staff in Planning & Community Environment, the Administrative Services Department and the City Manager’s Office from these duties. On May 22, 2017, the City Council: Adopted a resolution preliminarily approving the report filed by the Palo Alto Downtown Business Improvement District Advisory Board for the Fiscal Year 2018; Adopted a resolution of intention to levy the annual assessment for 2017-2018; and Set June 12, 2017 at 6:00pm, or soon thereafter, as the date and time for the public hearing on the levy of the proposed assessments. Discussion Absent a majority protest at the public hearing, the Council may adopt a resolution approving the report for Fiscal Year 2018 (Attachment A) as filed or as modified by the Council at the conclusion of the public hearing, and levying the BID assessments for Fiscal Year 2018. The May 22, 2017 staff report (Attachment C) describes the actions related to the BID re- authorization, and includes report of the Palo Alto Downtown Business and Professional Association (PADBPA) to the City Council (Attachment A). The staff report also discussed City Council direction of June 6, 2016 (Attachment D) and a status update regarding those recommendations. Finally, attached is the Council Resolution approving the BID for Fiscal Year 2018 (Attachment B). City of Palo Alto Page 3 Resource Impacts As stated in the May 22, 2017 report, adoption of the proposed BID budget does not impact City revenue. BID assessments are restricted for use exclusively by the BID. It is anticipated that a strong BID will encourage business activity downtown, including in the retail sector, and consequently support strong sales tax revenue for the City. Staff time from the City Manager’s Office is expended annually to provide oversight to the BID, administer the contract with MuniServices, liaise with stakeholders and prepare the annual reauthorization. The cost and collection of BID assessments, including those past 60 days is borne by the BID assessment revenues. The Attorney's Office will continue to provide legal oversight to the BID during the annual reauthorization process. During Fiscal Year 2018, staff will return to Council with resource impacts with regards to Council direction from June 6, 2016. Attachments: Attachment A - Palo Alto Downtown Business and Professional Association Annual Report Attachment B - Resolution Confirming Report of BID, BID Map and BID Fees Attachment C - City Manager's Report #8114 (May 22, 2017) Attachment D - City Council Minutes (June 6, 2016) Introduction This report from the Advisory Board of the Palo Alto Downtown Business & Professional Association (“PAd”) was prepared for City Council to review for the annual reauthorization of the Downtown Palo Alto Business Improvement District (“BID”) pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways code) (the “Law”). This report is for the proposed fiscal year for the BID commencing July 1, 2017 and ending June 30, 2018. (“Fiscal Year 2017-18”). As required by the Law, this report contains the following information: I. Any proposed changes in BID boundaries and benefit zones within the BID; II. The improvements and activities to be provided for Fiscal Year 2017-18; III. An estimate of the cost of providing the improvements and the activities for Fiscal Year 2017- 18; IV. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-18. V. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. VI. The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Submitted by Brad Ehikian, Chair, and Russ Cohen, Executive Director on behalf of the Advisory Board (“Advisory Board”) of the Palo Alto Downtown Business & Professional Association (“PAd”). The Advisory Board approved this report on May 10, 2017. Received on file in the Office of the City Clerk of the City of Palo Alto on May 11, 2017. Background: On June 6, 2016, in approving the Fiscal Year 2017 reauthorization the City Council requested that City staff and PAd address the following: 1. Review mechanisms for modifying the Fee Structure to require larger companies to pay a larger portion of the district costs; and 2. Review mechanisms for modifying the contract with the Downtown Business and Professional Association so that activities are not construed to include lobbying; and 3. Investigating other structures for the Business Improvement District (BID) that may provide a more efficient use of the funds that minimizes staff and administrative overhead and focuses more on direct services; and 4. Evaluate the boundaries of the BID to align with other Downtown boundaries. In response PAd issued a letter to City staff on November 22, 2016 and convened a taskforce that has worked to define appropriate and inappropriate uses of District funds, including the Association's work as a liaison between businesses and City departments, advocacy on behalf of member businesses, and lobbying. The taskforce has also reviewed the assessment structure and district boundaries but limited action has been taken due to the vacancies in the City Manager’s Office. City staff and PAd began to address City Council motions No. 2 and No. 3 during Fiscal Year 2017. The attached proposed budget for the Palo Alto Downtown BID for Fiscal Year 2018 begins to address the more efficient use of the funds. The Association in partnership with City staff will continue to address City Council recommendations No. 1 and No. 4 during Fiscal Year 2018. Section I: BID boundaries and Benefit Zones There have been no changes in the BID boundaries or benefit zones within the BID and no changes are proposed. The current boundaries are depicted on the map below. The area of the BID is referred to as “Downtown.” 934- 9 4 4 927 932 233 281 933 - 9 3 7 943 327 1001 942 469 475 744 459 832 801 A P T 1 - 5 427-453 920912 362 370 900 838 846 471 459 835 - 8 5 5 460 815 840836 834 845 400 803 928930 931933 835 - 8 3 7 831- 8 3 3 451453 802800 810 - 8 1 6 818 - 8 2 0 828 - 8 3 0 817- 8 1 9 823 - 8 2 5 567-569 559563 536 526 100 1 101 1 - 540 483 904 912 468 918 926 537 965-971505-507 519-521 939-945 931-935 923-925518-520 539541543 515-517 809811 420 1001 1011 1010 376 370 980960 990 34 354 326 426 4 1000 448 944 471 483948952 959947925 915 933 935 425-443 451449 463-465 936-940 458 460 440 428426 527-533 543 551 510520 558-560 903 825 837 581 575940934 813-823 501-509 511-519 521-529 531-539 541-547 556 596 904 926 561-567 569 845 580 574 566 991- 997 136 610 116-122 150 535529525 542516140 102 116124 163 145 566556 167 528 643635 635 645- 685 660- 666 620 180 164 158156 624628632636 640644 617621 151-165 171-195 203 642640636 200 151 115 125 135 514 101 440 444 436432 427 425 117119 630616 208 228220 240-248 575 530- 534536540 552 177 156 201209215225 595 229231 611-623 180 508500 625-631 170 172-174 542544 538-542 552548546 541-547 230-238 734 723 721 702- 730220-244 744 701 731 755757 771 200 160 728-732 762-776740-746 250 275 270 255741 265 724 730 651 221-225227 668 707 205 201203451449 209 219 221 233235450460470 442444 400 420 430 411 425 429 185 165 181 412 250 420 245 171-169 441- 445 435-439 346344 333335 342 344 431 460 450 235530 220 220 B 222 240 514278 274270 250 545 540 251485255 271 281 300310301 581 259-267 533535537 261267 518-526 532- 536 520-526 530-536 271 281 252 270 240-248202-216 228226234238 244242 210- 216 228- 234 223-229 209215 247-259 240 232230 311-317 251 344 326 340 337339 323317 400 420 332330 314 353 355 367 305 347 265272-278 418 319 321- 341 328 330 300- 310 431401 366 436 426 #1-7 369 335 319 390 301 315 375 307-311 325330 332 1&2330 1-3 324 326316 318 373-377 416- 424 361 338 340 560 345 321325 315 529 285 555 650636 628 1-12 628 A-E 385 365 375380 345 664 325650-654 661635300 690 675 555541-549533 535-539 318-324326 352 425 439-441 435429425 415-419 405403453 461 383460 502 510 526 520 540 499 467 459 439 425 555 400 436-452 456 379 370-374376380-382 384-396 550-552 364 360 431 440-444 423 499 475 421-423 431-433 432428 460-476 450 635 446 430 400 745 720706 385744734 724-730 720712704 360 351 315737 332 300 653-681 683685 512 501619 609605 518 482486496 610 630 455 400 651-687 543-545 532534 542544 550 552 554556 558560562564 635-6 643-6 470 313 334 333 325326 342 303301 229 336 308 310 312 316 318 311 331 315 319 317 321 335 228220 356-360 347-367 351 357 369-379360 258-296 350 210 204 302- 316 379310 320 328 332 340 437 412 311 A-B 404 313 325 327 333 407 401385 411 452 378-390 360 - 1A - 1C360 - 2A - 2C360 - 3A - 3C360 - 4A - 4C360 - 5A - 5C360 - 6A 344-348 418420 482 328 456 321 325 330204218 236 240 250-252 477 475 467 457 453249235225221 201 60 275 505-509 239-243209-213 210-214 513-519 460 474472228- 230 535 558 201 1612 20 209 215 223 231 521 80 239-245 530-540 544-554 212- 216 218-222 333 335-337 351 457451 465463 489-499360 530 480 420 430 480 463 451443437411405 419405401 441 480-498 347 351 355 359 525 430 473 332- 342 425415 400 570568 556 550 543 327321315305 343 515 525 551 555 328 309-311 518-528 536-540 552-554 558-562 573 A-E 591-599 557-571 330-332 318-320 406-418 417 542548568 524 550 500-528 578 564 550 546 540 530 531-535 541 505 525 537 555 565 571530 619-6 520 440-446 579 567 523610 600 555 581 420-438 437 566 224 228 A-F 244 579 575 565 559 251 355 A-J 335329604 576 566 345-347 243245 25725920921922723502 505 610-616 727 678 676 674672 642 636-638 567 555 711 701705 725 525 759 730718 734 738-740 760 746-750 701 721-7 600 827 835 899 850 530 609 759 7517537737-62611 601 600 1013 10041000 1006 1001 623 137 145 700 780 790 744 111700 753100 825805 33 51 75 63 841 44 675 49 41 711 799 703 100 101 139654 625 160 1001 1005 1009 1010 1004 930 975945929931 948 181 940 960 145900 955 999875 853 925 81 855 901-907 909 87 98 917 921 925 735 849 707 847 842828 820248 230-232 212 825 829833 839 800 812818 882 165831 801 815 809801 841 791153 718 774 761 795745 201 209 834836 845 895 926 190 934 942 948 203 209 219 225 929200 240 904 910 926 270 935 904 909909A 217 222 148 171 421 130 312 318 324 317 301 186 192 323 329 151 325 329 334 131 129 355301 235 258 212 163 115 291247 210 201 207 64 202 235 251249 252 247 244250 177220 261 251-257 205245 231225213205 70 2206 234240 183 251 270 241-247 215- 237 210-216 219 235 62 202 245 54 52 50 203 215 221 313-317318 220- 224 238 542-550 531-539 532 759 223-239 905 911-917907 188190 251- 293 202206208 210 212 216 220 1008 275 539 201 400 27 168 865857 302 324 340 795 848 918 903903A 408412 440 483A - F 435 751 735 745 532 210 727 733 335 328 330 345 214 350 800 806 441 441A 230302306308312316 301 303 305 307 309 325 251 807 821 829 801 818-824 420 424 430 832A 832 842A 842 852A 852 862A 862 872A 872 351A 351 355A 355 359A 359 363A 363 367A 367 425 911 943 951 918 936 940 944 271 253 241 301 319 919A919 935 949 928 936 940-946 353 264 367 361 310 1005 1010 423425413 - 419 457-467 469-471473-481 454 729 A-D 733-743 734-740 724-732 936 824-828 920 949 943941 715 95 445 324 328 545 590 425447 827 565585595 904 315 507 561 706 536 200 100 280-290 150 158164 276 516 698 161 159 157777 132 127 180 528 120 247 372 524 548550 538 152 345 336 515 658 227 27 29 539 115 135 321 558 #200-202 558 #C & D 965 140 350 808 915 461 435433 945 1012 421 727 A-C 218 255 206 739 260 840 650 642 351 451 551 375 530 643 415 12 700 802 99 89 87 901 560564568572576580584588592594 906908 910912914 916918920 922924 548 423 668 901 305 -313 423 405 352354 611 320322 346 323 471 484 528 426 264 430 1001 508 756 -760 940 930 544546 515 7 745 7 549 211213 151 160 257 433-457 482 330 349 401 539 440 691 755 67 312 202 651 443445 447 716 218 398 998 262 335 218 640-646506 327 469 303 401 403 254 401 91 40 101 819 301 725 595 705 541 Quarry Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Ch a n n i n g A v e n u e Alma Street El Camino Real Mitchell Lane Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21 High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Everett Avenue Waverley Street Cowper Street Webster Street Everett Court Lytton Avenue Lane A West L L La Addison Avenue Forest Avenue Downing Lane Homer Avenue La Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Addison Avenue Scott Street Webster Street Cowper Street Addison Avenue Channing Avenue Ramona Street Paulsen Ln Lane 15 E Lane 20 W Lane 20 E University Avenue CalTrain ROW Emerson Street Waverley Street Kipling Street Bryant Street Ramona Street Palo Road ay Pear Lane Lane 12 W Lane 5 E Everett Avenue Homer Avenue Emerson Street talm Dr iv e Alma Street Lytton Avenue This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Zone A (Ground Floor) - Zone B (Upper Floors) abc Zone B 0' 500' Downtown Palo AltoBusiness ImprovementDistrictArea Map CITY O F PALO A L TO INC OR P ORATE D C ALIFORN I A P a l o A l t oT h e C i t y o f AP RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2012 City of Palo Alto rrivera, 2012-04-30 16:57:54CPA BID (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) Overview: Today’s Downtown Palo Alto is a far different place than it was when the organization was founded in 2004. The downtown is now a dynamic, youthful, entrepreneurial neighborhood that boasts clean and safe walkable streets, a well balanced confluence of small, medium and large businesses and an almost even balance of independently owned retail and restaurants operating along side national chains. It is a globally recognized mecca for innovating the social and the technical. Without hyperbole, it is not only a valuable asset to the City of Palo Alto; it has become a valuable asset for the rest of the country if not the world. At a glance, there are approximately 88 restaurants and 72 retail establishments. 13 national chain restaurants or franchises exist amongst 75 privately owned restaurants. Amongst retail, there are approximately 21 national retailers and 51 independently owned stores. * It is the second largest generator of sales tax revenue for the City of Palo Alto. Strategic partnerships, execution and outcomes Real estate investments in the past decade have drawn the spotlight to the area and paved the way for growth. While some nearby cities have emulated Downtown Palo Alto’s live/work/play environment, this growth has not surprisingly resulted in a variety of challenges. To maximize our efforts to address those new and ongoing challenges we brought together partners to facilitate dialogue and develop programs between business, government and non-profits that have resulted in positive outcomes. In no particular order: • Collaborated with City of Palo Alto Public Works Division and the Public Arts Commission on the systematic replacement of downtown benches to both enhance the esthetics of downtown and inhibit loitering. A combination of a more utilitarian bench design along with a small variety of artful benches have been installed but unless outside funding is secured these “art” benches will be removed, replaced with standard benches. • Collaborated with Zero Waste and the Pubic Arts Division to identify replacement trash receptacles that inhibit illegal and unsavory reclaiming of refuse and update the decades old current receptacles. Additonally, a solar powered, compacting trash can will be installed as a pilot program. • Major member outreach efforts promoting American Express’s “Shop Small” annual event helping to promote locally owned retail in downtown Palo Alto including the development of social, web and print campaign. • Designed and managed the downtown Lamppost banner program which provided Holiday, Spring and Summer banners and now has compiled a library of banner designs that can be used in years to come. New brand building designs are in development that promote downtown as the special place it is, as this annual report is being prepared and should be installed in Spring of 2017. • Developed, managed and promoted the 6 week long Summer concert series, “Music On the Plaza” including the development and design of social media, web and print efforts as well as raising the $40K in sponsorships needed to execute the series. This year we have partnered with the City of Palo Alto regarding sound engineering and staging. We are also moiving the series to Lytton Plaza and closing a small section of Emerson to accommodate staging in order to accommodate partipants. • Partnered with the Friends of Lytton Plaza and the City of Palo Alto to add umbrellas, foliage, public art and banners to the plaza to enliven and soften the hardscape of the plaza. • Partnered with restaurant group and the California Restaurant Association regarding the possible devlopment of “service fees” as a partial remedy for the rise in operating costs due to impending rise in minimum wage and other rising costs. • Met with the Palo Alto Police Department leaders as well as leaders of the Downtown Streets Team to discuss homeless and panhandling issues. As a result, parking garage issues have decreased dramatically and outreach efforts have increased to individuals throughout downtown. • Worked with Santa Clara County Small Business Administration to educate restaurants about the county’s new health inspection regulations and placard program. • Participated in the development of the Public Arts Commission Downtown Public Art master Plan. • Engaged in annual new board member recruitment and nomination process including the development and execution of election materials. • Built upon the downtown brand and welcomed new business to Downtown Palo Alto with the presentation for the “Downtown Crown” at grand openings. • Provided administrative oversight of the Palo Alto Downtown Parking Assessment District subcommittee. • Worked with MuniServices LLC to provide invoicing, database management, reporting and collections. • Updated database with businesses that may or may not be registered through the City’s Business Registry process. Section III. Budget for 2017-18 The total funds available for activities for this fiscal year are estimated to be $164,024. The budget for providing the activities is set forth as follows: BID 2017/18 Budget INCOME Total Non-Assessment Sources Assessments $130,000 Allowance for Uncollectible Assessments ($25,000) Other Revenue $29,000 $29,000 Fiscal Year 2017 Surplus Carryover $5,024 TOTAL INCOME $164,024 EXPENSES Operating Expenses Staff Salaries Executive Director Salary $74,600 Payroll taxes and expense $17,260 Office Supplies & Expenses $150 Internet/Website/ Phone Maintenance $1000 Reauthorization Advertising $2,650 Audit-Tax Returns $5,700 Legal $1,000 $1,000 Insurance - Liability $2,300 Nominating $1,500 Invoicing $8,500 Contingencies $3000 Subtotal -- Operating Expenses $118,460 $1,000 Programs, Marketing and Events Banners $8,000 Location Specific Banners $1264 Summer Concert Series $28,000 $28,000 Events $1200 Outreach & Communication $1000 Downtown Streets Team $5000 District Opportunity Reserve $1000 Subtotal --Programs, Marketing & Events $45,564 $29,000 TOTAL EXPENSES $164,024 Section IV: Method and Basis of Levying the Assessment Cost Benefit Analysis / Bid Assessments The method and basis of levying the assessment is provided in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-18 and is not changed from the FY 2016-17 assessment. There have been no changes made to the Cost-Benefit Analysis or to the BID Assessments since they were approved by City Council on February 2, 2004. The method of calculation used to determine the cost and benefit to each business located in the BID is described below. The BID assessments are based on three criteria: the type of business, the location of the business and the size of the business. It has been consistently demonstrated that the typical BID program places a higher priority on activities such as commercial marketing. As a result, the retail and restaurant establishments in the BID are assessed more than service and professional businesses in the district. While service-oriented businesses benefit from a BID less than retailers and restaurateurs, they benefit more than professional businesses such as medical, dental, architectural, consultant and legal offices with their minimal advertising and promotion needs. For these reasons, various business types are assessed according to the benefit that they receive from the BID, as follows: Ø Retail and Restaurant 100% of base amount Ø Service 75% of base amount Ø Professional 50% of base amount Exceptions to this rule include financial institutions that are traditionally charged a flat rate regardless of location or size and lodging businesses that are typically charged by total rooms. The location of a business also determines the degree of benefit that accrues to that business. Centrally located businesses tend to benefit more, as do businesses located on the ground floor. For this reason, A and B benefit zones have been identified for the BID. In Palo Alto, Zone A benefit businesses are assessed 100% of the base benefit assessment while Zone B businesses are assessed 75%. A third criterion is used in the BID to determine benefit. This criterion, the size of the business, takes into consideration the number of full time employees employed by the business. Please refer to Attachment 1 for a more complete understanding of the application of these three variables to establish BID benefit. Attachment 2 is the BID assessment for each business located within the BID boundaries. Applying the criteria identified in Attachment 1, a summary of the assessment that applies to each business by size, type and location is outlined. In addition to the Cost-Benefit Analysis, the assessments include the following criteria: Ø An exemption for “single person professional businesses” that have 25% or fewer full time equivalent (“FTE”), including the business owner. This covers employees who work less than 10 hours a week (based on a 40 hour work week; an FTE equals approximately 2000 hours annually) Ø An assessment specifically for “single person businesses” that have 26% FTE to 1 FTE in the professional business category of the BID (An FTE equals approximately 2000 hours annually) Ø The tiering of other professional businesses by size based (according to benefit) on the “single person business” criteria This outline provides information by which a business can determine its annual assessment based on objective criteria. Except where otherwise defined, all terms shall have the meanings identified below: Definitions of Business Types in the Downtown Business Improvement District Retailers and Restaurants: Businesses that buy or resell goods such as clothing stores, shoe stores, office supplies as well as businesses that sell prepared food and drink. Service Businesses: Businesses that sell services such as beauty or barber shops, repair shops, most automotive businesses, dry cleaners, art and dance studios, printing firms, film processing companies, travel agencies, entertainment businesses such as theatres, etc. Hotel and Lodging: These include businesses that have as their main business the lodging of customers. This is restricted to residential businesses that provide lodging services to customers for less than 30 days. Professional Businesses: Businesses that require advanced and/or specialized licenses or academic degrees such as architects, engineers, attorneys, chiropractors, dentists, doctors, accountants, optometrists, realtors, insurance brokers, venture capital firms, consultants, advertising and marketing professionals and mortgage brokers and similar professions. Financial Institutions: Includes banking, savings and loan institutions and credit unions. Additional clarification on business definitions will be defined according to Section 18.04.030 (Definitions) of the Palo Alto Municipal Code. The Advisory Board recommends that the following businesses be exempt from the BID assessment: Ø New businesses established in the BID area following the annual assessment for the year in which they locate in the BID area Ø Non-profit organizations Ø Newspapers Ø “Single person professional businesses” that have 25% or less FTE, including the business owner The Assessment calculated shall be paid to the City no later 30 days after receipt of the invoice with the amount of the annual assessment sent by the City. A second notice will be mailed as a reminder to businesses that have not remitted payment by that date. Late payment will be subject to a 10% late fee. Section V: Revenue Surplus or Deficit The Assessment calculated shall be paid to the City no later 30 days after receipt of the invoice with the amount of the annual assessment sent by the City. A second notice will be mailed as a reminder to businesses that have not remitted payment by that date. Late payment will be subject to a 10% late fee. Section V: Revenue Surplus or Deficit Based on the revenue balance on 3/27/17 of $48,003.93, the PAd expects a surplus carryover of $5024.93. Expected expenses for the remainder of FY 17-18 are as follows: Current Revenue Balance $48.003.93 Expected expenses for remaining FYE 6/30/2017 Staff Salaries $36,300 Payroll Taxes $3,023 Banners $8,000 Downtown Streets Team $3,750 Rent $4,050 Workers Comp $753 Audit & Tax Return $6,900 District Opportunity Reserve $0 Nominating/elections $1500 Invoicing $8500 Office Expense $200 Internet maintenance $0 Reauthorization advertising $1370 Contingencies $1000 Outreach & Communication $300 Total Expected Expense $42,979.00 Expected Carryover $5024.93 Section VI: Non-assessment Income: It is estimated that $28,000.00 will be raised in fundraising, and sponsor support. Additionally, we anticipate in kind contribution towards expenses for fiscal year 2017-18. Projected Income for Fiscal Year 2017-18 Legal (donation) $1,000 Banners $0 Summer Concert Series $28,000 Events $0 Total $29,000 Section VI: PAd Board of Directors by Business Type Retailers and Restaurants Georgie Gleim, Gleim the Jeweler Alex Giovanotto, Joya Travis Nichols, Keen Garage Susan Graf, Susan Graf Mistie Cohen, Oren’s Hummus Hospitality Barbara Gross, Garden Court Hotel Financial Institutions Patricia Behoumonde, Boston Private Bank & Trust Company Katie Seedman, Presidio Private Bank and Trust Professional Organizations Brad Ehikian, Premier Properties Patty McGuigan, Cornish & Carey Commercial Mila Zelkha, Palintir Non Profit Organizations Zia MacWilliams, Downtown Street Team Phil Carter, Palo Alto Farmer’s Market COMMUNITY PARTNERS Palo Alto Chamber of Commerce Judy Kleinberg, President & CEO Downtown Streets Team Eileen Richardson, Executive Director City Of Palo Alto Greg Tanaka, Palo Alto City Council Liaison Khashayar “Cash” Alaee, Senior Analyst, City Manager’s Office ATTACHMENT 1 A General Statement Regarding Cost-Benefit Analysis For BID Businesses Using The Traditional Three Criteria Formula Criteria 1) Type of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Type Of Business: In a review of 200 California Business Improvement Districts, it is consistently demonstrated that the typical BID Program places a higher priority on Commercial Marketing Programs than on Civic Beautification and Commercial Recruitment Programs. With that trend in mind, retail and restaurant businesses, with their emphasis on, and need for, commercial marketing, are traditionally assessed more than less marketing-sensitive service-oriented or professional-oriented businesses. However, while service-oriented businesses benefit from a BID less than retailers and restaurateurs, they benefit more, (from commercial marketing programs), than professional businesses such as medical, dental and legal offices with their minimal advertising and promotion needs. Therefore, set forth below, is an example of how various business types might be considered regarding the computation of the annual benefit assessment. • Retail and Restaurant: 100% of base amount • Service: 75% of base amount • Professional: 50% of base amount Exceptions to this rule include financial institutions that are traditionally charged a flat rate regardless of location or size and lodging businesses that are typically charged by total rooms. Lodging businesses are assessed based on the total number of rooms because it is a more equitable manner of determining size. Many lodging businesses have many part time employees, but revenues are based on the room occupancies of the hotel, not the goods sold or serviced provided by employees. Criteria 2) Location of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Location of Business: It has also been consistently demonstrated that the more centrally located businesses tend to benefit from BID activities and services to a greater degree than businesses located toward the periphery of the proposed BID boundaries. Events and activities tend to originate in the central core of the Downtown area and spread benefit to the outer areas with diminishing energy and impact, much like the ripple effect of a stone tossed into a body of calm water. Furthermore, ground floor businesses tend to benefit to a greater degree than businesses located in upper floors. Therefore, in some cases, a new BID's annual benefit assessment formula also takes these street level criteria into account. As mentioned above, special events, fairs, festivals and other activities tend to take place within, or along, the Main Street core rather than in the areas at the periphery of the Downtown core. Additionally, BID-sponsored seasonal decorations, public art projects, street banners and street furniture tend to be located within the immediate core area. Therefore, businesses located within the most central area of the proposed BID are considered to be within "Zone A" which should be considered the primary benefit zone. There is typically a "secondary zone" or "Zone B" within most proposed BID areas. This area receives less benefit than Zone A and should be assessed accordingly. An example of how different zones might be treated regarding the computation of the annual benefit assessment is as follows. • Zone A: 100% of base benefit assessment • Zone B: 75% of base benefit assessment In the case of Downtown Palo Alto, it is recommended that all Zone A upper floor businesses, as well as any other businesses located at the periphery of the proposed BID, be considered as Zone B businesses. Please refer to the map in Attachment I. Criteria 3) Size of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Size of Business: In approximately 50% of newly established BIDs, a third assessment criterion is used. This criterion involves the size of each individual business that is based upon the businesses’ total number of full-time employees. Full-time employees are those working a total of 2,000 hours per year. Part-time employees are grouped into full-time job positions, i.e., two half-time employees total one full-time. Fractions are rounded down to the nearest whole number with no less than one person as a minimum for business. An example of how various business sizes might be treated regarding the computation of the annual benefit assessment is as follows: Retail/Restaurants Service Businesses Small 50% of base amount Under 6 FTE* Under 4 FTE Medium 75% of base amount 6 to under 11 FTE 4 to under 7 FTE Large 100% of base amount 11 or more FTE 7 or more FTE * FTE = full time employees Additionally, an exemption was established for “single person professional businesses” that have 25% or less FTE, including the business owner. This covers employees who work less 10 hours a week (based on a 40 hour work week) Since “single person businesses” that have 26% FTE to 1 FTE in the professional business category of the BID benefit the very least from the assessment, their assessments have been tiered by size based (according to benefit) on the new “single person business” criteria. ATTACHMENT 2 Downtown Palo Alto Business Improvement District Annual BID Assessments ZONE A ZONE B (75% of Zone A amount) Restaurants & Retailers Under 6 FTE (50% of base amount) $225 $170 6 to under 11 FTE (75% of base amount) $340 $260 11 or more FTE (100% of base amount) $450 $340 Service Businesses Under 4 FTE (50% of base amount) $170 $130 4 to under 7 FTE (75% of base amount) $260 $200 Over 7 FTE (100% of base amount) $340 $260 Professional Businesses 25% or fewer FTE, including owner (0% of base amount) Exempt Exempt 26% FTE to under 1 FTE (25% of base amount) $60 $50 2 to 4 FTE (50% of base amount) $110 $90 5 to 9 FTE (75% of base amount) $170 $130 10+ FTE (100% of base amount) $225 $170 Lodging Businesses Up to 20 rooms (50% of base amount) $2258 $170 21 to 40 rooms (75% of base amount) $340 $260 41+ rooms (100% of base amount) $450 $340 Financial Institutions $500 $500 Note 1: For retail, restaurant, service, and professional businesses, size will be determined by number of employees either full-time or equivalent (FTE) made up of multiples of part-time employees. 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The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the “Law”), authorizes the City Council to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. SECTION 2. Pursuant to the Law, the City Council adopted Ordinance No. 4819 establishing the Downtown Palo Alto Business Improvement District (the "District") in the City of Palo Alto. SECTION 3. The City Council, by Resolution No. 8416, appointed the Board of Directors of the Palo Alto Downtown Business & Professional Association, a California nonprofit mutual benefit corporation, to serve as the Advisory Board for the District (the "Advisory Board"). SECTION 4. In accordance with Section 36533 of the law, the Advisory Board prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business Improvement District, Annual Report 2017‐2018” (the "Report”), and, by previous resolution, the City Council preliminarily approved such report as filed. SECTION 5. The boundaries of the District are within the City limits of the City of Palo Alto (the "City") and encompass the greater downtown area of the City, generally extending from El Camino Real to the West, Webster Street to the East, Lytton Avenue to the North and Addison Avenue to the South (east of Emerson Street, the boundaries extend only to Forest Avenue to the South). Reference is hereby made to the map of the District attached hereto as Exhibit "A" and incorporated herein by reference for a complete description of the boundaries of the District. SECTION 6. The City Council has adopted a Resolution of Intention, Resolution No. 9679 declaring its intention to levy and collect an assessment for fiscal year 2018 against the businesses in the District. SECTION 7. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2018. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the levy and Not Yet Approved 2 collection of the assessment for fiscal year 2018. The City Council finds that there was no majority protest within the meaning of the Law. All protests and objections to the levy and collection of the assessment and any and all protests and objections are hereby overruled by the City Council. SECTION 8. Based on its review of the Report, a copy of which has been presented to the City Council and has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines that (i) the businesses in the District will be benefited by the expenditure of funds raised by the assessment (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the district for the 2018 fiscal year in accordance with the Report is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such business. SECTION 9. The City Council hereby confirms the Report as filed by the Advisory Board. New businesses established in the District after the beginning of any fiscal year shall be exempt from the levy of the assessment for that fiscal year. In addition, non‐ profit organizations, newspapers and professional "single‐person businesses," defined as those businesses which have 25% or less full time equivalent employees, including the business owner, shall be exempt from the assessment. SECTION 10. The Adoption of this resolution constitutes a levy of an assessment for the fiscal year 2018 (commencing July 1, 2017, and ending June 30, 2018). The assessment formula, including the method and basis of levying the assessment, is set forth Exhibit “B” attached hereto and incorporated herein by reference. New businesses established in the District after the beginning of any fiscal year shall be exempt from the levy of the assessment for that fiscal year. In addition, non‐profit organizations, newspapers and professional "single‐person businesses," defined as those businesses which have 25% or less full time equivalent employees, including the business owner, shall be exempt from the assessment. SECTION 11. The City Council hereby declares that the proposed uses of the revenues derived from the assessments levied against the businesses in the District are for the following facilities and activities: The types of improvements to be funded by the levy of an assessment against businesses within the District are the acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more. The types of activities to be funded by the levy of an assessment against businesses within the District are the promotion of public events which benefit businesses in the area and which take place on or in public places within the District; the furnishings of music in any public place in the District; and activities which benefit businesses locating and operating in the District. // // Not Yet Approved 3 SECTION 12. The Council finds that the adoption of this resolution does not meet the definition of a project under Section 21065 of the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Director of Administrative Services 934 - 9 4 4 927 932 233 281 933 - 9 3 7 943 327 1001 94 2 469 475 74 4 459 832 801 A P T 1 - 5 427-453 920 912 362 370 900 838 846 471 459 835 - 8 5 5 460 81 5 840 836 834 845 400 803 928930 931 933 835 - 8 3 7 831 - 8 3 3 451453 802800 81 0 - 8 1 6 81 8 - 8 2 0 82 8 - 8 3 0 817 - 8 1 9 82 3 - 8 2 5 567-569 559563 536 526 100 1 101 1 - 540 483 904 912 468 918 926 537 965-971505-507 519-521 939-945 931-935 923-925 518-520 539541543 515-517 809 811 420 1001 1011 1010 376 370 980960 990 34 354 326 426 4 1000 448 944 471 483948952 959947925 915 933 935 425-443 451449 463-465 936-940 458 460 440 428426 527-533 543 551 510520 558-560 903 825 837 581 575 940934 813-823 501-509 511-519 521-529 531-539 541-547 556 596 904 926 561-567 569 845 580 574 566 991- 997 136 610 116-122 150 535529 525 542516140 102 116 124 163 145 566 556 167 528 643635 635 645- 685 660- 666 620 180 164 158156 624628 632 636 640 644 617 621 151-165 171-195 203 642640 636 200 151 115 125 135 514 101 440 444 436432 427 425 117119 630616 208 228220 240-248 575 530- 534 536 540 552 177 156 201 209215 225 595 229231 611-623 180 508500 625-631 170 172-174 542544 538- 542 552 548 546 541- 547 230-238 734 723 721 702- 730220-244 744 701 731 755757 771 200 160 728-732 762- 776740-746 250 275 270 255 741 265 724 730 651 221-225 227 668 707 205 201203 451449 209 219 221 233 235450 460 470 442 444 400 420 430 411 425 429 185 165 181 412 250 420 245 171-169 441- 445 435- 439 346344 333 335 342 344 431 460 450 235530 220 220 B 222 240 514278 274270 250 545 540 251485255 271 281 300 310 301 581 259-267 533535537 261 267 518-526 532- 536 520-526 530-536 271 281 252 270 240-248 202- 216 228226 234238 244 242 210- 216 228- 234 223- 229 209215 247-259 240 232230 311-317 251 344 326 340 337339 323317 400 420 332330 314 353 355 367 305 347 265272-278 418 319 321- 341 328 330 300- 310 431401 366 436 426 #1-7 369 335 319 390 301 315 375 307- 311 325330 332 1&2330 1-3 324 326316 318 373- 377 416- 424 361 338 340 560 345 321325 315 529 285 555 650636 628 1-12 628 A-E 385 365 375380 345 664 325650-654 661635300 690 675 555541-549533 535- 539 318-324 326 352 425 439-441 435429425 415-419 405403453 461 383460 502 510 526 520 540 499 467 459 439 425 555 400 436-452 456 379 370-374 376 380-382 384-396 550-552 364 360 431 440-444 423 499 475 421-423 431-433 432428 460-476 450 635 446 430 400 745 720706 385744 734 724-730 720 712 704 360 351 315737 332 300 653 -681 683 685 512 501619 609605 518 482486 496 610 630 455 400 651-687 543-545 532534 542544 550 552 554556 558560562564 635-6 643-6 470 313 334 333 325326 342 303301 229 336 308 310 312 316 318 311 331 315 319 317 321 335 228220 356-360 347-367 351357 369-379360 258- 296 350 210 204 302- 316 379310 320 328 332 340 437 412 311 A-B 404 313 325 327 333 407 401385 411 452 378-390 360 - 1A - 1C360 - 2A - 2C360 - 3A - 3C360 - 4A - 4C360 - 5A - 5C360 - 6A 344-348 418420 482 328 456 321 325 330204 218 236 240 250- 252 477 475 467 457 453249235225221 201 60 275 505-509 239- 243 209- 213 210- 214 513-519 460 474472228- 230 535 558 201 16 12 20 209 215 223 231 521 80 239-245 530-540 544-554 212- 216 218-222 333 335- 337 351 457451 465463 489-499360 530 480 420 430 480 463 451443437411 405 419405401 441 480-498 347 351 355 359 525 430 473 332- 342 425415 400 570568 556 550 543 327321315305 343 515 525 551 555 328 309-311 518-528 536-540 552-554 558-562 573 A-E 591-599 557-571 330-332 318-320 406-418 417 542 548568 524 550 500-528 578 564 550 546 540 530 531-535 541 505 525 537 555 565 571 530 619-6 520 440-446 579 567 523610 600 555 581 420-438 437 566 224 228 A-F 244 579 575 565 559 251 355 A-J 335329 604 576 566 345-347 243245 25725920921922723502 505 610-616 727 678 676 674672 642 636-638 567 555 711 701705 725 525 759 730 718 734 738-740 760 746-750 701 721-7 600 827 835 899 850 530 609 759 751753 7 737-62611 601 600 1013 10041000 1006 1001 623 137 145 700 780 790 744 111700 753100 825805 33 51 75 63 841 44 675 49 41 711 799 703 100 101 139654 625 160 1001 1005 1009 1010 1004 930 975 945929931 948 181 940 960 145900 955 999875 853 925 81 855 901-907 909 87 98 917 921 925 735 849 707 847 842828 820248 230-232 212 825 829 833 839 800 812 818 882 165831 801 815 809801 841 791153 718 774 761 795745 201 209 834836 845 895 926 190 934 942 948 203 209 219 225 929200 240 904 910 926 270 935 904 909 909A 217 222 148 171 421 130 312 318 324 317 301 186 192 323 329 151 325 329 334 131 129 355301 235 258 212 163 115 291247 210 201 207 64 202 235 251 249 252 247 244250 177220 261 251-257 205245 231225213205 70 2 206 234240 183 251 270 241-247 215- 237 210- 216 219 235 62 202 245 54 52 50 203 215 221 313-317318 220- 224 238 542-550 531-539 532 759 223-239 905 911-917907 188 190 251- 293 202 206 208 210 212 216 220 1008 275 539 201 400 27 168 865857 302 324 340 795 848 918 903 903A 408 412 440 483A - F 435 751 735 745 532 210 727 733 335 328 330 345 214 350 800 806 441 441A 230302 306 308 312 316 301 303 305 307 309 325 251 807 821 829 801 818-824 420 424 430 832A 832 842A 842 852A 852 862A 862 872A 872 351A 351 355A 355 359A 359 363A 363 367A 367 425 911 943 951 918 936 940 944 271 253 241 301 319 919A 919 935 949 928 936 940-946 353 264 367 361 310 1005 1010 423425413 - 419 457-467 469-471473-481 454 729 A-D 733-743 734-740 724-732 936 824-828 920 949 943941 715 95 445 324 328 545 590 425447 827 565 585 595 904 315 507 561 706 536 200 100 280-290 150 158164 276 516 698 161 159 157777 132 127 180 528 120 247 372 524 548550 538 152 345 336 515 658 227 27 29 539 115 135 321 558 #200-202 558 #C & D 965 140 350 808 915 461 435433 945 1012 421 727 A-C 218 255 206 739 260 840 650 642 351 451 551 375 530 643 415 12 700 802 99 89 87 901 560564568572576580584588592594 906 908 910 912 914 916 918920 922 924 548 423 668 901 305 -313 423 405 352354 611 320322 346 323 471 484 528 426 264 430 1001 508 756 - 760 940 930 544546 515 7 745 7 549 211 213 151 160 257 433-457 482 330 349 401 539 440 691 755 67 312 202 651 443 445 447 716 218 398 998 262 335 218 640-646506 327 469 303 401 403 254 401 91 40 101 819 301 725 595 705 541 Quarry Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Ch a n n i n g A v e n u e Alma Street El Camino Real Mitchell Lane Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21 High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Everett Avenue Waverley Street Cowper Street Webster Street Everett Court Lytton Avenue Lane A West L L La Addison Avenue Forest Avenue Downing Lane Homer Avenue La Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Addison Avenue Scott Street Webster Street Cowper Street Addison Avenue Channing Avenue Ramona Street Paulsen Ln Lane 15 E Lane 20 W Lane 20 E University Avenue CalTrain ROW Emerson Street Waverley Street Kipling Street Bryant Street Ramona Street Palo Road ay Pear Lane Lane 12 W Lane 5 E Everett Avenue Homer Avenue Emerson Street tal m D r iv e Alma Street Lytton Avenue This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Zone A (Ground Floor) - Zone B (Upper Floors) abc Zone B 0' 500' Downtown Palo Alto Business ImprovementDistrict Area Map CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2012 City of Palo Alto rrivera, 2012-04-30 16:57:54CPA BID (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) City of Palo Alto (ID # 8114) City Council Staff Report Report Type: Consent Calendar Meeting Date: 5/22/2017 City of Palo Alto Page 1 Summary Title: Downtown Palo Alto Business Improvement District Reauthorization Title: Preliminary Approval of the Downtown Business Improvement District (BID) 2017-2018 Annual Report; Adoption of a Resolution Declaring an Intention to Levy an Assessment Against Businesses Within the BID for Fiscal Year 2018 and Setting a Time and Place for a Public Hearing on June 12, at 6:00 PM or Thereafter, in the City Council Chambers From: City Manager Lead Department: City Manager Recommendation Staff recommends that City Council: 1. Preliminarily approve the Business Improvement District (BID) Advisory Board’s 2017-2018 Annual Report (Attachment A) and; 2. Adopt a Resolution of Intention to Levy Assessments in the Palo Alto Downtown Business Improvement District for Fiscal Year 2018 (Attachment B), setting a date and time for the public hearing on the levy of the proposed assessments for June 12, 2017, at 6:00 PM, or as soon thereafter, in the City Council Chambers. Executive Summary This City Council action includes a preliminary approval of the BID Board’s annual report, and sets a time and place for a public hearing for the staff presentation, and to determine any objections to the assessments. Since the BID inception in 2004, a number of activities consistent with State BID law have been accomplished by the Palo Alto Downtown Business and Professional Association (PADBPA), the entity with which the City contracts to provide services to the nearly 800 businesses assessed in the Downtown. These include addressing the three main issues facing downtown businesses: cleanliness, safety, and attractiveness, as well as participation in City capital improvement project such as utility infrastructure, parking, mobility, transportation, and other matters affecting downtown businesses. City of Palo Alto Page 2 Assessments for BID businesses are based on the size, type and location of the business. Assessments range from $50 for individually owned professional businesses to $500 annually for financial institutions. The PADBPA has monthly open meetings governed by the Ralph M. Brown Act which any business or individual can attend. Background The Palo Alto Downtown Business Improvement District (BID) was established by the City Council in 2004 pursuant to the California Parking and Business Improvement Area Law to maintain economic vitality and physical maintenance of the Palo Alto Downtown business district. The Council appointed the Palo Alto Downtown Business and Professional Association (PADBPA), a non-profit corporation, as the Advisory Board for the BID. PADBPA (acting through its independent Board of Directors) advises the Council on the method and basis for levy of assessments in the BID and the expenditure of revenues derived from the assessments. Pursuant to BID law, the Advisory Board must annually submit to the Council a report that proposes a budget for the upcoming Fiscal Year for the BID. The report must: 1) propose any boundary changes in the BID; 2) list the improvements and activities to be provided in the Fiscal Year; 3) estimate the cost to provide the improvements and activities; 4) set forth the method and basis for levy of assessments; 5) identify surplus or deficit revenues carried over from the prior Fiscal Year; and 6) identify amounts of contributions from sources other than assessments. The Council needs to: 1) review the report and preliminarily approve it as proposed or as changed by the Council; 2) adopt a resolution of intention to levy the assessments for the upcoming Fiscal Year; and 3) set a date and time for the public hearing on the levy of assessments in the BID. Absent a majority protest at the public hearing on June 12, 2017, at the conclusion of the public hearing, the Council may adopt a resolution confirming the report for Fiscal Year 2018 as filed or as modified by the Council. The adoption of the resolution constitutes the levying of the BID assessments for Fiscal Year 2018. On June 6, 2016, City Council directed staff to: 1. Review mechanisms for modifying the Fee Structure to require larger companies to pay a larger portion of the district costs; and 2. Review mechanisms for modifying the contract with the Downtown Business and Professional Association so that activities are not construed to include lobbying; and 3. Investigating other structures for the Business Improvement District (BID) that may provide a more efficient use of the funds that minimizes staff and administrative overhead and focuses more on direct services; and 4. Evaluate the boundaries of the BID to align with other Downtown boundaries. City of Palo Alto Page 3 Since that time, limited action has been taken due to the vacancies in the City Manager’s Office as well as competing pressures from other City Council priority projects. On November 22, 2016 the City received a letter from PADBPA regarding Council’s direction (Attachment C). City staff and the Advisory Board began to address No. 2 and No. 3 during Fiscal Year 2017. The attached proposed budget for the Palo Alto Downtown BID for Fiscal Year 2018 begins to address the more efficient use of the funds. City staff will reevaluate City Council recommendations No. 1 and No. 4 during Fiscal Year 2018, upon full staffing of the City Manager’s Office, and return to City Council with recommendations. Discussion The Advisory Board has prepared a report for the Council’s consideration which includes the proposed budget for the Palo Alto Downtown BID for Fiscal Year 2018. As required by BID law, the report has been filed with the City Clerk and contains a list of the improvements, activities, and associated costs proposed in the BID for Fiscal Year 2018. The Advisory Board has recommended no change in the BID boundaries or the method and basis for levying assessments. A map of the BID and the proposed assessment schedule is attached. The proposed assessments in the BID for Fiscal Year 2018 are the same as the assessments in Fiscal Year 2017. The budget report for Fiscal Year 2018 was reviewed and approved by the Palo Alto Downtown Business and Professional Association board in May 2017. As per the agreement that the City and PADBPA have entered, the City has certain responsibilities as it pertains to the invoicing and collection of BID revenues. Specifically the City creates and sends invoices, and manages payment collections for the first 60 days. PADBPA is then responsible for collections after the 60 days. The City contracts with an outside firm, MuniServices, to handle all aspects of the City’s responsibilities to the BID in terms of invoicing, billing, and collections. If Council moves forward with the assessment for 2018, staff will continue to employ MuniServices as the administering agent. Resource Impact Adoption of the proposed BID budget does not impact City revenue. BID assessments are restricted for use exclusively by the BID. It is anticipated that a healthy BID will encourage vitality in the retail community and consequently result in additional sales tax revenue for the City. Staff time from the City Manager’s Office is expended annually to provide oversight to the BID, administer the contract with MuniServices, liaise with stakeholders and prepare the annual reauthorization. The cost and collection of BID assessments, including those past 60 days is borne by the BID assessment revenues. The Attorney's Office will continue to provide legal oversight to the BID during the annual reauthorization process. During Fiscal Year 2018, staff will return to Council with resource impacts with regards to Council direction from June 6, 2016. City of Palo Alto Page 4 Attachments: Attachment A - Annual Report Attachment B - Resolution Declaring Intention to Levy BID FY18 Introduction This report from the Advisory Board of the Palo Alto Downtown Business & Professional Association (“PAd”) was prepared for City Council to review for the annual reauthorization of the Downtown Palo Alto Business Improvement District (“BID”) pursuant to Section 36533 of the Parking and Business Improvement Law of 1989 (Section 36500 and following of the California Streets and Highways code) (the “Law”). This report is for the proposed fiscal year for the BID commencing July 1, 2017 and ending June 30, 2018. (“Fiscal Year 2017-18”). As required by the Law, this report contains the following information: I. Any proposed changes in BID boundaries and benefit zones within the BID; II. The improvements and activities to be provided for Fiscal Year 2017-18; III. An estimate of the cost of providing the improvements and the activities for Fiscal Year 2017- 18; IV. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-18. V. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. VI. The amount of any contributions to be made from sources other than assessments levied pursuant to the Law. Submitted by Brad Ehikian, Chair, and Russ Cohen, Executive Director on behalf of the Advisory Board (“Advisory Board”) of the Palo Alto Downtown Business & Professional Association (“PAd”). The Advisory Board approved this report on May 10, 2017. Received on file in the Office of the City Clerk of the City of Palo Alto on May 11, 2017. Background: On June 6, 2016, in approving the Fiscal Year 2017 reauthorization the City Council requested that City staff and PAd address the following: 1. Review mechanisms for modifying the Fee Structure to require larger companies to pay a larger portion of the district costs; and 2. Review mechanisms for modifying the contract with the Downtown Business and Professional Association so that activities are not construed to include lobbying; and 3. Investigating other structures for the Business Improvement District (BID) that may provide a more efficient use of the funds that minimizes staff and administrative overhead and focuses more on direct services; and 4. Evaluate the boundaries of the BID to align with other Downtown boundaries. In response PAd issued a letter to City staff on November 22, 2016 and convened a taskforce that has worked to define appropriate and inappropriate uses of District funds, including the Association's work as a liaison between businesses and City departments, advocacy on behalf of member businesses, and lobbying. The taskforce has also reviewed the assessment structure and district boundaries but limited action has been taken due to the vacancies in the City Manager’s Office. City staff and PAd began to address City Council motions No. 2 and No. 3 during Fiscal Year 2017. The attached proposed budget for the Palo Alto Downtown BID for Fiscal Year 2018 begins to address the more efficient use of the funds. The Association in partnership with City staff will continue to address City Council recommendations No. 1 and No. 4 during Fiscal Year 2018. Section I: BID boundaries and Benefit Zones There have been no changes in the BID boundaries or benefit zones within the BID and no changes are proposed. The current boundaries are depicted on the map below. The area of the BID is referred to as “Downtown.” 934- 9 4 4 927 932 233 281 933 - 9 3 7 943 327 1001 942 469 475 744 459 832 801 A P T 1 - 5 427-453 920912 362 370 900 838 846 471 459 835 - 8 5 5 460 815 840836 834 845 400 803 928930 931933 835 - 8 3 7 831- 8 3 3 451453 802800 810 - 8 1 6 818 - 8 2 0 828 - 8 3 0 817- 8 1 9 823 - 8 2 5 567-569 559563 536 526 100 1 101 1 - 540 483 904 912 468 918 926 537 965-971505-507 519-521 939-945 931-935 923-925518-520 539541543 515-517 809811 420 1001 1011 1010 376 370 980960 990 34 354 326 426 4 1000 448 944 471 483948952 959947925 915 933 935 425-443 451449 463-465 936-940 458 460 440 428426 527-533 543 551 510520 558-560 903 825 837 581 575940934 813-823 501-509 511-519 521-529 531-539 541-547 556 596 904 926 561-567 569 845 580 574 566 991- 997 136 610 116-122 150 535529525 542516140 102 116124 163 145 566556 167 528 643635 635 645- 685 660- 666 620 180 164 158156 624628632636 640644 617621 151-165 171-195 203 642640636 200 151 115 125 135 514 101 440 444 436432 427 425 117119 630616 208 228220 240-248 575 530- 534536540 552 177 156 201209215225 595 229231 611-623 180 508500 625-631 170 172-174 542544 538-542 552548546 541-547 230-238 734 723 721 702- 730220-244 744 701 731 755757 771 200 160 728-732 762-776740-746 250 275 270 255741 265 724 730 651 221-225227 668 707 205 201203451449 209 219 221 233235450460470 442444 400 420 430 411 425 429 185 165 181 412 250 420 245 171-169 441- 445 435-439 346344 333335 342 344 431 460 450 235530 220 220 B 222 240 514278 274270 250 545 540 251485255 271 281 300310301 581 259-267 533535537 261267 518-526 532- 536 520-526 530-536 271 281 252 270 240-248202-216 228226234238 244242 210- 216 228- 234 223-229 209215 247-259 240 232230 311-317 251 344 326 340 337339 323317 400 420 332330 314 353 355 367 305 347 265272-278 418 319 321- 341 328 330 300- 310 431401 366 436 426 #1-7 369 335 319 390 301 315 375 307-311 325330 332 1&2330 1-3 324 326316 318 373-377 416- 424 361 338 340 560 345 321325 315 529 285 555 650636 628 1-12 628 A-E 385 365 375380 345 664 325650-654 661635300 690 675 555541-549533 535-539 318-324326 352 425 439-441 435429425 415-419 405403453 461 383460 502 510 526 520 540 499 467 459 439 425 555 400 436-452 456 379 370-374376380-382 384-396 550-552 364 360 431 440-444 423 499 475 421-423 431-433 432428 460-476 450 635 446 430 400 745 720706 385744734 724-730 720712704 360 351 315737 332 300 653-681 683685 512 501619 609605 518 482486496 610 630 455 400 651-687 543-545 532534 542544 550 552 554556 558560562564 635-6 643-6 470 313 334 333 325326 342 303301 229 336 308 310 312 316 318 311 331 315 319 317 321 335 228220 356-360 347-367 351 357 369-379360 258-296 350 210 204 302- 316 379310 320 328 332 340 437 412 311 A-B 404 313 325 327 333 407 401385 411 452 378-390 360 - 1A - 1C360 - 2A - 2C360 - 3A - 3C360 - 4A - 4C360 - 5A - 5C360 - 6A 344-348 418420 482 328 456 321 325 330204218 236 240 250-252 477 475 467 457 453249235225221 201 60 275 505-509 239-243209-213 210-214 513-519 460 474472228- 230 535 558 201 1612 20 209 215 223 231 521 80 239-245 530-540 544-554 212- 216 218-222 333 335-337 351 457451 465463 489-499360 530 480 420 430 480 463 451443437411405 419405401 441 480-498 347 351 355 359 525 430 473 332- 342 425415 400 570568 556 550 543 327321315305 343 515 525 551 555 328 309-311 518-528 536-540 552-554 558-562 573 A-E 591-599 557-571 330-332 318-320 406-418 417 542548568 524 550 500-528 578 564 550 546 540 530 531-535 541 505 525 537 555 565 571530 619-6 520 440-446 579 567 523610 600 555 581 420-438 437 566 224 228 A-F 244 579 575 565 559 251 355 A-J 335329604 576 566 345-347 243245 25725920921922723502 505 610-616 727 678 676 674672 642 636-638 567 555 711 701705 725 525 759 730718 734 738-740 760 746-750 701 721-7 600 827 835 899 850 530 609 759 7517537737-62611 601 600 1013 10041000 1006 1001 623 137 145 700 780 790 744 111700 753100 825805 33 51 75 63 841 44 675 49 41 711 799 703 100 101 139654 625 160 1001 1005 1009 1010 1004 930 975945929931 948 181 940 960 145900 955 999875 853 925 81 855 901-907 909 87 98 917 921 925 735 849 707 847 842828 820248 230-232 212 825 829833 839 800 812818 882 165831 801 815 809801 841 791153 718 774 761 795745 201 209 834836 845 895 926 190 934 942 948 203 209 219 225 929200 240 904 910 926 270 935 904 909909A 217 222 148 171 421 130 312 318 324 317 301 186 192 323 329 151 325 329 334 131 129 355301 235 258 212 163 115 291247 210 201 207 64 202 235 251249 252 247 244250 177220 261 251-257 205245 231225213205 70 2206 234240 183 251 270 241-247 215- 237 210-216 219 235 62 202 245 54 52 50 203 215 221 313-317318 220- 224 238 542-550 531-539 532 759 223-239 905 911-917907 188190 251- 293 202206208 210 212 216 220 1008 275 539 201 400 27 168 865857 302 324 340 795 848 918 903903A 408412 440 483A - F 435 751 735 745 532 210 727 733 335 328 330 345 214 350 800 806 441 441A 230302306308312316 301 303 305 307 309 325 251 807 821 829 801 818-824 420 424 430 832A 832 842A 842 852A 852 862A 862 872A 872 351A 351 355A 355 359A 359 363A 363 367A 367 425 911 943 951 918 936 940 944 271 253 241 301 319 919A919 935 949 928 936 940-946 353 264 367 361 310 1005 1010 423425413 - 419 457-467 469-471473-481 454 729 A-D 733-743 734-740 724-732 936 824-828 920 949 943941 715 95 445 324 328 545 590 425447 827 565585595 904 315 507 561 706 536 200 100 280-290 150 158164 276 516 698 161 159 157777 132 127 180 528 120 247 372 524 548550 538 152 345 336 515 658 227 27 29 539 115 135 321 558 #200-202 558 #C & D 965 140 350 808 915 461 435433 945 1012 421 727 A-C 218 255 206 739 260 840 650 642 351 451 551 375 530 643 415 12 700 802 99 89 87 901 560564568572576580584588592594 906908 910912914 916918920 922924 548 423 668 901 305 -313 423 405 352354 611 320322 346 323 471 484 528 426 264 430 1001 508 756 -760 940 930 544546 515 7 745 7 549 211213 151 160 257 433-457 482 330 349 401 539 440 691 755 67 312 202 651 443445 447 716 218 398 998 262 335 218 640-646506 327 469 303 401 403 254 401 91 40 101 819 301 725 595 705 541 Quarry Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Ch a n n i n g A v e n u e Alma Street El Camino Real Mitchell Lane Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21 High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Everett Avenue Waverley Street Cowper Street Webster Street Everett Court Lytton Avenue Lane A West L L La Addison Avenue Forest Avenue Downing Lane Homer Avenue La Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Addison Avenue Scott Street Webster Street Cowper Street Addison Avenue Channing Avenue Ramona Street Paulsen Ln Lane 15 E Lane 20 W Lane 20 E University Avenue CalTrain ROW Emerson Street Waverley Street Kipling Street Bryant Street Ramona Street Palo Road ay Pear Lane Lane 12 W Lane 5 E Everett Avenue Homer Avenue Emerson Street talm Dr iv e Alma Street Lytton Avenue This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Zone A (Ground Floor) - Zone B (Upper Floors) abc Zone B 0' 500' Downtown Palo AltoBusiness ImprovementDistrictArea Map CITY O F PALO A L TO INC OR P ORATE D C ALIFORN I A P a l o A l t oT h e C i t y o f AP RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2012 City of Palo Alto rrivera, 2012-04-30 16:57:54CPA BID (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) Overview: Today’s Downtown Palo Alto is a far different place than it was when the organization was founded in 2004. The downtown is now a dynamic, youthful, entrepreneurial neighborhood that boasts clean and safe walkable streets, a well balanced confluence of small, medium and large businesses and an almost even balance of independently owned retail and restaurants operating along side national chains. It is a globally recognized mecca for innovating the social and the technical. Without hyperbole, it is not only a valuable asset to the City of Palo Alto; it has become a valuable asset for the rest of the country if not the world. At a glance, there are approximately 88 restaurants and 72 retail establishments. 13 national chain restaurants or franchises exist amongst 75 privately owned restaurants. Amongst retail, there are approximately 21 national retailers and 51 independently owned stores. * It is the second largest generator of sales tax revenue for the City of Palo Alto. Strategic partnerships, execution and outcomes Real estate investments in the past decade have drawn the spotlight to the area and paved the way for growth. While some nearby cities have emulated Downtown Palo Alto’s live/work/play environment, this growth has not surprisingly resulted in a variety of challenges. To maximize our efforts to address those new and ongoing challenges we brought together partners to facilitate dialogue and develop programs between business, government and non-profits that have resulted in positive outcomes. In no particular order: • Collaborated with City of Palo Alto Public Works Division and the Public Arts Commission on the systematic replacement of downtown benches to both enhance the esthetics of downtown and inhibit loitering. A combination of a more utilitarian bench design along with a small variety of artful benches have been installed but unless outside funding is secured these “art” benches will be removed, replaced with standard benches. • Collaborated with Zero Waste and the Pubic Arts Division to identify replacement trash receptacles that inhibit illegal and unsavory reclaiming of refuse and update the decades old current receptacles. Additonally, a solar powered, compacting trash can will be installed as a pilot program. • Major member outreach efforts promoting American Express’s “Shop Small” annual event helping to promote locally owned retail in downtown Palo Alto including the development of social, web and print campaign. • Designed and managed the downtown Lamppost banner program which provided Holiday, Spring and Summer banners and now has compiled a library of banner designs that can be used in years to come. New brand building designs are in development that promote downtown as the special place it is, as this annual report is being prepared and should be installed in Spring of 2017. • Developed, managed and promoted the 6 week long Summer concert series, “Music On the Plaza” including the development and design of social media, web and print efforts as well as raising the $40K in sponsorships needed to execute the series. This year we have partnered with the City of Palo Alto regarding sound engineering and staging. We are also moiving the series to Lytton Plaza and closing a small section of Emerson to accommodate staging in order to accommodate partipants. • Partnered with the Friends of Lytton Plaza and the City of Palo Alto to add umbrellas, foliage, public art and banners to the plaza to enliven and soften the hardscape of the plaza. • Partnered with restaurant group and the California Restaurant Association regarding the possible devlopment of “service fees” as a partial remedy for the rise in operating costs due to impending rise in minimum wage and other rising costs. • Met with the Palo Alto Police Department leaders as well as leaders of the Downtown Streets Team to discuss homeless and panhandling issues. As a result, parking garage issues have decreased dramatically and outreach efforts have increased to individuals throughout downtown. • Worked with Santa Clara County Small Business Administration to educate restaurants about the county’s new health inspection regulations and placard program. • Participated in the development of the Public Arts Commission Downtown Public Art master Plan. • Engaged in annual new board member recruitment and nomination process including the development and execution of election materials. • Built upon the downtown brand and welcomed new business to Downtown Palo Alto with the presentation for the “Downtown Crown” at grand openings. • Provided administrative oversight of the Palo Alto Downtown Parking Assessment District subcommittee. • Worked with MuniServices LLC to provide invoicing, database management, reporting and collections. • Updated database with businesses that may or may not be registered through the City’s Business Registry process. Section III. Budget for 2017-18 The total funds available for activities for this fiscal year are estimated to be $164,024. The budget for providing the activities is set forth as follows: BID 2017/18 Budget INCOME Total Non-Assessment Sources Assessments $130,000 Allowance for Uncollectible Assessments ($25,000) Other Revenue $29,000 $29,000 Fiscal Year 2017 Surplus Carryover $5,024 TOTAL INCOME $164,024 EXPENSES Operating Expenses Staff Salaries Executive Director Salary $74,600 Payroll taxes and expense $17,260 Office Supplies & Expenses $150 Internet/Website/ Phone Maintenance $1000 Reauthorization Advertising $2,650 Audit-Tax Returns $5,700 Legal $1,000 $1,000 Insurance - Liability $2,300 Nominating $1,500 Invoicing $8,500 Contingencies $3000 Subtotal -- Operating Expenses $118,460 $1,000 Programs, Marketing and Events Banners $8,000 Location Specific Banners $1264 Summer Concert Series $28,000 $28,000 Events $1200 Outreach & Communication $1000 Downtown Streets Team $5000 District Opportunity Reserve $1000 Subtotal --Programs, Marketing & Events $45,564 $29,000 TOTAL EXPENSES $164,024 Section IV: Method and Basis of Levying the Assessment Cost Benefit Analysis / Bid Assessments The method and basis of levying the assessment is provided in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for Fiscal Year 2017-18 and is not changed from the FY 2016-17 assessment. There have been no changes made to the Cost-Benefit Analysis or to the BID Assessments since they were approved by City Council on February 2, 2004. The method of calculation used to determine the cost and benefit to each business located in the BID is described below. The BID assessments are based on three criteria: the type of business, the location of the business and the size of the business. It has been consistently demonstrated that the typical BID program places a higher priority on activities such as commercial marketing. As a result, the retail and restaurant establishments in the BID are assessed more than service and professional businesses in the district. While service-oriented businesses benefit from a BID less than retailers and restaurateurs, they benefit more than professional businesses such as medical, dental, architectural, consultant and legal offices with their minimal advertising and promotion needs. For these reasons, various business types are assessed according to the benefit that they receive from the BID, as follows: Ø Retail and Restaurant 100% of base amount Ø Service 75% of base amount Ø Professional 50% of base amount Exceptions to this rule include financial institutions that are traditionally charged a flat rate regardless of location or size and lodging businesses that are typically charged by total rooms. The location of a business also determines the degree of benefit that accrues to that business. Centrally located businesses tend to benefit more, as do businesses located on the ground floor. For this reason, A and B benefit zones have been identified for the BID. In Palo Alto, Zone A benefit businesses are assessed 100% of the base benefit assessment while Zone B businesses are assessed 75%. A third criterion is used in the BID to determine benefit. This criterion, the size of the business, takes into consideration the number of full time employees employed by the business. Please refer to Attachment 1 for a more complete understanding of the application of these three variables to establish BID benefit. Attachment 2 is the BID assessment for each business located within the BID boundaries. Applying the criteria identified in Attachment 1, a summary of the assessment that applies to each business by size, type and location is outlined. In addition to the Cost-Benefit Analysis, the assessments include the following criteria: Ø An exemption for “single person professional businesses” that have 25% or fewer full time equivalent (“FTE”), including the business owner. This covers employees who work less than 10 hours a week (based on a 40 hour work week; an FTE equals approximately 2000 hours annually) Ø An assessment specifically for “single person businesses” that have 26% FTE to 1 FTE in the professional business category of the BID (An FTE equals approximately 2000 hours annually) Ø The tiering of other professional businesses by size based (according to benefit) on the “single person business” criteria This outline provides information by which a business can determine its annual assessment based on objective criteria. Except where otherwise defined, all terms shall have the meanings identified below: Definitions of Business Types in the Downtown Business Improvement District Retailers and Restaurants: Businesses that buy or resell goods such as clothing stores, shoe stores, office supplies as well as businesses that sell prepared food and drink. Service Businesses: Businesses that sell services such as beauty or barber shops, repair shops, most automotive businesses, dry cleaners, art and dance studios, printing firms, film processing companies, travel agencies, entertainment businesses such as theatres, etc. Hotel and Lodging: These include businesses that have as their main business the lodging of customers. This is restricted to residential businesses that provide lodging services to customers for less than 30 days. Professional Businesses: Businesses that require advanced and/or specialized licenses or academic degrees such as architects, engineers, attorneys, chiropractors, dentists, doctors, accountants, optometrists, realtors, insurance brokers, venture capital firms, consultants, advertising and marketing professionals and mortgage brokers and similar professions. Financial Institutions: Includes banking, savings and loan institutions and credit unions. Additional clarification on business definitions will be defined according to Section 18.04.030 (Definitions) of the Palo Alto Municipal Code. The Advisory Board recommends that the following businesses be exempt from the BID assessment: Ø New businesses established in the BID area following the annual assessment for the year in which they locate in the BID area Ø Non-profit organizations Ø Newspapers Ø “Single person professional businesses” that have 25% or less FTE, including the business owner The Assessment calculated shall be paid to the City no later 30 days after receipt of the invoice with the amount of the annual assessment sent by the City. A second notice will be mailed as a reminder to businesses that have not remitted payment by that date. Late payment will be subject to a 10% late fee. Section V: Revenue Surplus or Deficit The Assessment calculated shall be paid to the City no later 30 days after receipt of the invoice with the amount of the annual assessment sent by the City. A second notice will be mailed as a reminder to businesses that have not remitted payment by that date. Late payment will be subject to a 10% late fee. Section V: Revenue Surplus or Deficit Based on the revenue balance on 3/27/17 of $48,003.93, the PAd expects a surplus carryover of $5024.93. Expected expenses for the remainder of FY 17-18 are as follows: Current Revenue Balance $48.003.93 Expected expenses for remaining FYE 6/30/2017 Staff Salaries $36,300 Payroll Taxes $3,023 Banners $8,000 Downtown Streets Team $3,750 Rent $4,050 Workers Comp $753 Audit & Tax Return $6,900 District Opportunity Reserve $0 Nominating/elections $1500 Invoicing $8500 Office Expense $200 Internet maintenance $0 Reauthorization advertising $1370 Contingencies $1000 Outreach & Communication $300 Total Expected Expense $42,979.00 Expected Carryover $5024.93 Section VI: Non-assessment Income: It is estimated that $28,000.00 will be raised in fundraising, and sponsor support. Additionally, we anticipate in kind contribution towards expenses for fiscal year 2017-18. Projected Income for Fiscal Year 2017-18 Legal (donation) $1,000 Banners $0 Summer Concert Series $28,000 Events $0 Total $29,000 Section VI: PAd Board of Directors by Business Type Retailers and Restaurants Georgie Gleim, Gleim the Jeweler Alex Giovanotto, Joya Travis Nichols, Keen Garage Susan Graf, Susan Graf Mistie Cohen, Oren’s Hummus Hospitality Barbara Gross, Garden Court Hotel Financial Institutions Patricia Behoumonde, Boston Private Bank & Trust Company Katie Seedman, Presidio Private Bank and Trust Professional Organizations Brad Ehikian, Premier Properties Patty McGuigan, Cornish & Carey Commercial Mila Zelkha, Palintir Non Profit Organizations Zia MacWilliams, Downtown Street Team Phil Carter, Palo Alto Farmer’s Market COMMUNITY PARTNERS Palo Alto Chamber of Commerce Judy Kleinberg, President & CEO Downtown Streets Team Eileen Richardson, Executive Director City Of Palo Alto Greg Tanaka, Palo Alto City Council Liaison Khashayar “Cash” Alaee, Senior Analyst, City Manager’s Office ATTACHMENT 1 A General Statement Regarding Cost-Benefit Analysis For BID Businesses Using The Traditional Three Criteria Formula Criteria 1) Type of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Type Of Business: In a review of 200 California Business Improvement Districts, it is consistently demonstrated that the typical BID Program places a higher priority on Commercial Marketing Programs than on Civic Beautification and Commercial Recruitment Programs. With that trend in mind, retail and restaurant businesses, with their emphasis on, and need for, commercial marketing, are traditionally assessed more than less marketing-sensitive service-oriented or professional-oriented businesses. However, while service-oriented businesses benefit from a BID less than retailers and restaurateurs, they benefit more, (from commercial marketing programs), than professional businesses such as medical, dental and legal offices with their minimal advertising and promotion needs. Therefore, set forth below, is an example of how various business types might be considered regarding the computation of the annual benefit assessment. • Retail and Restaurant: 100% of base amount • Service: 75% of base amount • Professional: 50% of base amount Exceptions to this rule include financial institutions that are traditionally charged a flat rate regardless of location or size and lodging businesses that are typically charged by total rooms. Lodging businesses are assessed based on the total number of rooms because it is a more equitable manner of determining size. Many lodging businesses have many part time employees, but revenues are based on the room occupancies of the hotel, not the goods sold or serviced provided by employees. Criteria 2) Location of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Location of Business: It has also been consistently demonstrated that the more centrally located businesses tend to benefit from BID activities and services to a greater degree than businesses located toward the periphery of the proposed BID boundaries. Events and activities tend to originate in the central core of the Downtown area and spread benefit to the outer areas with diminishing energy and impact, much like the ripple effect of a stone tossed into a body of calm water. Furthermore, ground floor businesses tend to benefit to a greater degree than businesses located in upper floors. Therefore, in some cases, a new BID's annual benefit assessment formula also takes these street level criteria into account. As mentioned above, special events, fairs, festivals and other activities tend to take place within, or along, the Main Street core rather than in the areas at the periphery of the Downtown core. Additionally, BID-sponsored seasonal decorations, public art projects, street banners and street furniture tend to be located within the immediate core area. Therefore, businesses located within the most central area of the proposed BID are considered to be within "Zone A" which should be considered the primary benefit zone. There is typically a "secondary zone" or "Zone B" within most proposed BID areas. This area receives less benefit than Zone A and should be assessed accordingly. An example of how different zones might be treated regarding the computation of the annual benefit assessment is as follows. • Zone A: 100% of base benefit assessment • Zone B: 75% of base benefit assessment In the case of Downtown Palo Alto, it is recommended that all Zone A upper floor businesses, as well as any other businesses located at the periphery of the proposed BID, be considered as Zone B businesses. Please refer to the map in Attachment I. Criteria 3) Size of Business: Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Size of Business: In approximately 50% of newly established BIDs, a third assessment criterion is used. This criterion involves the size of each individual business that is based upon the businesses’ total number of full-time employees. Full-time employees are those working a total of 2,000 hours per year. Part-time employees are grouped into full-time job positions, i.e., two half-time employees total one full-time. Fractions are rounded down to the nearest whole number with no less than one person as a minimum for business. An example of how various business sizes might be treated regarding the computation of the annual benefit assessment is as follows: Retail/Restaurants Service Businesses Small 50% of base amount Under 6 FTE* Under 4 FTE Medium 75% of base amount 6 to under 11 FTE 4 to under 7 FTE Large 100% of base amount 11 or more FTE 7 or more FTE * FTE = full time employees Additionally, an exemption was established for “single person professional businesses” that have 25% or less FTE, including the business owner. This covers employees who work less 10 hours a week (based on a 40 hour work week) Since “single person businesses” that have 26% FTE to 1 FTE in the professional business category of the BID benefit the very least from the assessment, their assessments have been tiered by size based (according to benefit) on the new “single person business” criteria. ATTACHMENT 2 Downtown Palo Alto Business Improvement District Annual BID Assessments ZONE A ZONE B (75% of Zone A amount) Restaurants & Retailers Under 6 FTE (50% of base amount) $225 $170 6 to under 11 FTE (75% of base amount) $340 $260 11 or more FTE (100% of base amount) $450 $340 Service Businesses Under 4 FTE (50% of base amount) $170 $130 4 to under 7 FTE (75% of base amount) $260 $200 Over 7 FTE (100% of base amount) $340 $260 Professional Businesses 25% or fewer FTE, including owner (0% of base amount) Exempt Exempt 26% FTE to under 1 FTE (25% of base amount) $60 $50 2 to 4 FTE (50% of base amount) $110 $90 5 to 9 FTE (75% of base amount) $170 $130 10+ FTE (100% of base amount) $225 $170 Lodging Businesses Up to 20 rooms (50% of base amount) $2258 $170 21 to 40 rooms (75% of base amount) $340 $260 41+ rooms (100% of base amount) $450 $340 Financial Institutions $500 $500 Note 1: For retail, restaurant, service, and professional businesses, size will be determined by number of employees either full-time or equivalent (FTE) made up of multiples of part-time employees. 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The Parking and Business Improvement Area Law of 1989 (the "Law"), California Streets and Highways Code Sections 36500 et seq., authorizes the City Council to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. SECTION 2. Pursuant to the Law, the City Council adopted Ordinance No. 4819 establishing the Downtown Palo Alto Business Improvement District (the "District") in the City of Palo Alto. SECTION 3. The City Council, by Resolution No. 8416, appointed the Board of Directors of the Palo Alto Downtown Business & Professional Association, a California nonprofit mutual benefit corporation, to serve as the Advisory Board for the District (the "Advisory Board"). SECTION 4. In accordance with Section 36533 of the law, the Advisory Board prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business Improvement District, Annual Report 2017-2018" (the "Report”). The City Council hereby preliminarily approves the report. SECTION 5. The boundaries of the District are within the City limits of the City of Palo Alto (the "City") and encompass the greater downtown area of the City, generally extending from El Camino Real to the East, Webster Street to the West, Lytton Avenue to the North and Addison Avenue to the South (east of Emerson Street, the boundaries extend only to Forest Avenue to the South). Reference is hereby made to the map of the District attached hereto in the Report and incorporated herein by reference for a complete description of the boundaries of the District. SECTION 6. The City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against businesses within the District for fiscal year 2018 (July 1, 2017 to June 30, 2018). Such assessment is not proposed to increase from the assessment levied and collected for the prior fiscal year. The method and basis of levying the assessment is set forth in the Report attached hereto, and incorporated herein by reference. 2 SECTION 7. The types of improvements to be funded by the levy of an assessment against businesses within the District are the acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more. The types of activities to be funded by the levy of an assessment against businesses within the District are the promotion of public events which benefit businesses in the area and which take place on or in public places within the District; the furnishing of music in any public place in the District; and activities which benefit businesses located and operating in the District. SECTION 8. New businesses established in the District after the beginning of any fiscal year shall be exempt from the levy of the assessment for that fiscal year. In addition, non-profit organizations, newspapers and professional "single-person businesses," defined as those businesses which have 25% or less full time equivalent employees, including the business owner, shall be exempt from the assessment. SECTION 9. The City Council hereby fixes the time and place for a public hearing on the proposed levy of an assessment against businesses within the District for fiscal year 2016 as follows: TIME: 6:00 p.m. or soon thereafter DATE: Monday, June 12, 2017 PLACE: City Council Chambers 250 Hamilton Avenue Palo Alto, California 94301 At the public hearing, the testimony of all interested persons regarding the levy of an assessment against businesses within the District for fiscal year 2018 shall be heard. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest must be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest must contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the 3 person subscribing is the owner of the business. A written protest which does not comply with the requirements set forth in this paragraph will not be counted in determining a majority protest (as defined below). If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the District which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent (i.e., there is a majority protest), no further proceedings to levy the proposed assessment, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the District, those types of improvements or activities shall be eliminated. SECTION 10. For a full and detailed description of the improvements and activities to be provided for fiscal year 2018, the boundaries of the District and the proposed assessments to be levied against the businesses within the District for fiscal year 2017, reference is hereby made to the Report of the Advisory Board. The Report is on file with the City Clerk and open to public inspection. SECTION 11. The City Clerk is hereby authorized and directed to provide notice of the public hearing in accordance with law. // // // // // // // // // 4 SECTION 12. The Council finds that the adoption of this resolution does not meet the definition of a project under Section 21065 of the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: May 22, 2017 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Director of Administrative Services _____________________________ Director of Planning and Community Environment ACTION MINUTES Page 4 of 11 City Council Meeting Action Minutes: 6/6/16 Restrictions) and 12.32.020 (Enforcement) (FIRST READING: May 16, 2016 PASSED: 9-0).” 13. Approval and Authorization for the Mayor to Sign a Letter Responding to the California High Speed Rail Authority's Notice of Intent/Notice of Preparation. MOTION PASSED: 9-0 Action Items 14. PUBLIC HEARING: to Hear Objections to the Levy of Proposed Assessments on the Palo Alto Downtown Business Improvement District and Adoption of a Resolution Confirming the Report of the Advisory Board and Levying Assessment for Fiscal Year 2017 on the Downtown Palo Alto Business Improvement District. Public Hearing opened at 7:04 P.M. Public Hearing continued to the June 27, 2016 Council meeting. MOTION: Mayor Burt moved, seconded by Vice Mayor Scharf to direct Staff to: A. Review mechanisms for modifying the fee structure to require larger companies to pay a larger portion of the District costs; and B. Review mechanisms for modifying the contract with the Downtown Business Association so that activities are not construed to include lobbying. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “investigate other structures for the Business Improvement District (BID) that may provide a more efficient use of the funds that minimizes staff and administrative overhead and focuses more on direct services.” (new Part C) INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “evaluate the boundaries of the BID to align with other Downtown boundaries.” (new Part D) ACTION MINUTES Page 5 of 11 City Council Meeting Action Minutes: 6/6/16 MOTION RESTATED: Mayor Burt moved, seconded by Vice Mayor Scharf to direct Staff to: A. Review mechanisms for modifying the Fee Structure to require larger companies to pay a larger portion of the district costs; and B. Review mechanisms for modifying the contract with the Downtown Business and Professional Association so that activities are not construed to include lobbying; and C. Investigating other structures for the Business Improvement District (BID) that may provide a more efficient use of the funds that minimizes staff and administrative overhead and focuses more on direct services; and D. Evaluate the boundaries of the BID to align with other Downtown boundaries. MOTION AS AMENDED PASSED: 8-1 Schmid no 14a. (Former Agenda Item Number 18) Authorization for the Mayor to Sign a Letter Regarding the Governor's By Right Housing Proposal. MOTION: Vice Mayor Scharff moved, seconded by Council Member DuBois to authorize the Mayor to sign a letter regarding the Governor’s By Right Housing Proposal including the first five paragraphs of proposed language in the Staff Report and the text of the language included in the At Place Memorandum beginning with “Amendments, published as recently…” and; Direct Staff to include the following concepts in the letter: A. The City is opposed to this bill being part of the budget process as opposed to the regular legislative process; and B. The City intends to work with the League of California Cities concerning this bill; and C. The proposed amendments would be at a minimum of modifications to the bill. City of Palo Alto (ID # 8008) City Council Staff Report Report Type: Action Items Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: 744 San Antonio: Marriot Hotel Project Title: PUBLIC HEARING / QUASI-JUDICIAL. 744-748 San Antonio Avenue [15PLN-00314]: Review and Certification of a Final Environmental Impact Report (EIR), Adoption of CEQA Findings Including a Statement of Overriding Considerations, Adoption of a Mitigation Monitoring and Reporting Plan, and Consideration of the Applicant’s Request for Approval of a Major Architectural Review to Allow the Demolition of Three Existing Buildings at 744 and 748 San Antonio Avenue and Construction of Two, Five-Story Hotels (Courtyard by Marriott with 151 rooms and AC by Marriott with 143 rooms). The Site Will Include Surface and Two Levels of Basement Parking, Requiring Approval of a Parking Reduction. A Draft EIR was Circulated for Public Comment From March 27, 2017 to May 10, 2017 and a Final EIR was Provided to Agencies and Commenters on May 31, 2017. On June 1, 2017, the Architectural Review Board Recommended Approval of the Project. From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council take the following actions: 1. Adopt a resolution certifying the Final Environmental Impact Report, adopting CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (Attachment B) 2. Adopt a Record of Land Use Action Approving an Architectural Review application, including a parking reduction, based on findings and subject to conditions of approval as recommended by the Architectural Review Board on June 1, 2017 (Attachment C) Executive Summary City of Palo Alto Page 2 The applicant requests Architectural Review approval to construct a new dual brand hotel project with 294 hotel rooms at the subject address. The hotel project includes the construction of two, five-story tall buildings built atop a two-level subterranean garage containing 294 parking spaces. Some of the parking spaces do not meet city requirements and the applicant seeks a parking reduction and use of a valet program to address this discrepancy. The project includes the demolition of three buildings, one of which is be eligible for listing on the California Register of Historical Resources. The loss of this potential resource cannot be mitigated and required the preparation of an environmental impact report and Statement of Overriding Considerations (SOC). An SOC is a document that identifies the significant environmental impact of the project and project benefits that are seen to outweigh these impacts; the SOC is required for project approval. In accordance with Palo Alto Municipal Code Section 18.31.010, the Director shall refer any project to the City Council for action when such project requires adoption of an SOC. The proposed project complies with the objective development standards for the subject property’s zoning district, with the noted exception of parking. The project is also subject to architectural review findings, context-based design criteria and performance standards, which are more subjectively analyzed. The ARB recommended approval of the Architectural Review application on June 1, 2017. Background The application was submitted by T2 Development for an Architectural Review for the demolition of three existing buildings and the construction of two five-story hotels with shared amenity spaces and parking on a podium structure. The proposed hotels would include a 143- room Courtyard by Marriott hotel and a 151-room AC by Marriott hotel, for a total of 294 new hotel rooms. Both buildings are five-stories and nearly 50 feet in height. The onsite improvements include a single driveway from San Antonio Road that leads to a roundabout serving both lobbies of the hotels. A driveway continues to the rear of the property where 16 surface parking spaces are available. Most of the parking (278 spaces) is available via a ramp that leads to a two-level underground parking garage. The remaining parking spaces are accessed via a valet service, which requires approval of a parking reduction, and is further discussed later in this report. New landscaping, driveways, utilities, and other facilities would be constructed as part of the project. Three commercial buildings would be demolished as part of the project, including a structure at 744 San Antonio Road, which was constructed in 1961 and is be eligible for listing on the California Register of Historical Resources (California Register) due to its architectural significance and embodiment of the distinctive characteristics of mid-century modern City of Palo Alto Page 3 architecture. Other existing improvements on the site (e.g. parking lots, on-site trees, landscaping) would also be removed prior to construction of the proposed hotel buildings. Previous Meetings The project had four previous ARB meetings (Preliminary and three formal meetings). The specific details of these meetings are included as attachments (staff reports without conditions). Preliminary Meeting (June 4, 2015) During the preliminary meeting (report: https://www.cityofpaloalto.org/civicax/filebank/documents/47600) and video: http://midpenmedia.org/architectural-review-board-22/, the Board members acknowledged that the project was the first one in the area to have more Floor Area Ratio (FAR) because the PAMC allows a higher FAR for hotels. However, concerns remained regarding the massing of the project compared to the surrounding neighborhood context. In addition, the Board had some concern about the buildings being too similar in design. Formal Meeting #1 (December 17, 2015) The project was presented to the ARB (Report: https://www.cityofpaloalto.org/civicax/filebank/documents/50284 and video: http://midpenmedia.org/architectural-review-board-35/) and included a revised project that stepped the upper floors back from San Antonio Road, which resulted in the reduction of six rooms. The applicant represented that the first three floors would be at the same height as the multi-family residential development across San Antonio Road. The fourth floor is setback approximately 12 feet and then the fifth floor is set back an additional 12 feet. The project also pushed the mechanical equipment to the center of the building, thus moving the taller elements away from the street. Concerns from the Board on this iteration of the project included that the project was trying to be too tall; the hotel entrances should consider a centralized space; the landscaping on the borders is light; and the project will need to meet context-based findings. Formal Meeting #2 (April 6, 2017) The project was presented to the ARB (Report: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=56815 and video: http://midpenmedia.org/architectural-review-board-60/) that was very similar to the one that was presented in Formal Meeting #1 with the exception of adding a second level of basement parking and adding curtain glass along the front façade. The ARB had comments on the curtain glass element, the colors of the buildings, the elevations of the buildings not having sufficient depth and interest and adding more trees and vegetation to the site. City of Palo Alto Page 4 Formal Meeting #3 (June 1, 2017) The applicant presented revised plans to address prior ARB concerns. After hearing testimony from the public, the Board recommended approval of the project with a 3-1 vote. The Board recommended that the project come back to the ARB Subcommittee to address terrace plantings. Additional conditions of approval addressed signage and ensuring that no traffic backs out onto San Antonio from the driveways. In dissent, the Chair expressed support for a hotel development at this location, but remained concerned that some design and program elements were unsatisfactory, including landscaping along the side yards and use of a central driveway/motor court. While recognizing the municipal code permits up to a 2.0 FAR, the Chair stated that a reduction in size could help improve the transition to adjacent buildings and improve parking conditions. Public testimony at this hearing related to traffic, construction related impacts, concerns regarding geology and dewatering, context compatibility and general sentiment that resident concerns were not being addressed. Since the last meeting with the ARB, staff has added two additional conditions of approval related to amenity space and on-site loading activities. These conditions clarify that the amenity space is intended for use by hotel visitors and that the loading operation take place at designated locations. Discussion & Summary of Key Issues The City Council is requested to certify the project’s Environmental Impact Report (EIR), which identifies a significant impact that cannot be mitigated, along with adoption of CEQA findings including a SOC, and to evaluate the project under the findings set forth in PAMC 18.76.020(d) and adopt a Record of Land Use Action (see Attachment C). The following discussion addresses issues raised during processing of this project, including neighborhood compatibility and traffic. Cultural Resources and Neighborhood Setting The 1.91-acre project site currently is developed with several one-story commercial and light industrial buildings. The structure at 744 San Antonio Road is approximately 20,775 square feet in size and is currently used as a professional office. The structure was originally constructed in 1961 as a mortuary and funeral chapel, with significant additions occurring at the rear of the structure in 1983. The structure is eligible for listing on the California Register of Historical Resources (California Register), due to its age and embodiment of some characteristics of mid- century modern architecture. City of Palo Alto Page 5 Two warehouse-type buildings are located at 748 and 750 San Antonio Road. The structures total approximately 10,800 square feet and were built in 1952. The structures are not eligible for listing in a historic register. The structures are currently occupied by commercial and light- industrial uses, including automotive repair and general business service uses. These existing buildings, associated landscaping, and other improvements would be demolished prior to construction of the proposed hotel project. The project site is immediately surrounded by one-story structures that include service and light-industrial uses to the north. To the east, in the City of Mountain View, there are one-story office and light-industrial structures. A single-story specialty grocery store is located to the south. Taller structures are located to the west, across San Antonio Road, where there are three-story multifamily residential structures. The immediate project vicinity is characterized by primarily low-intensity, single-story buildings and associated surface parking lots. These structures have primarily stucco facades with varying setbacks from San Antonio Road. However, existing development at the intersection of San Antonio Road and East Charleston Road (Taube Koret Campus), is similar in mass and height to the proposed project. As evidenced by the Taube Koret Campus, the area is in transition with a mixture of older and contemporary developments. Residential uses in the vicinity are located approximately 150 feet west of the project site (across San Antonio Road). The three-story multi-family residential complex is separated from the site by four traffic lanes and a landscaped median planted with trees, perennial plants and groundcover. The buildings within the complex are setback from the road by approximately 75 feet. Mature landscaping and trees, a six-foot wall, and a private internal roadway separate the units from San Antonio Road. The exteriors of the residential structures are composed of tan stucco with dark brown trim elements. Zoning Compliance1 A detailed review of the proposed project’s consistency with applicable zoning standards has been performed. A summary table is provided in Attachment D. The proposed project complies with all applicable development standards, or is seeking through the requested permits permission to deviate from certain code standards, in a manner that is consistent with the Zoning Ordinance (parking reduction—described later). The project site is located within the Commercial Service (CS) zoning district, which is intended to accommodate service uses that may be inappropriate in neighborhood or pedestrian oriented shopping areas. This commercial zoning district is intended to allow retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that 1 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Page 6 balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods. Hotels are a permitted use in this district. In addition to the development standards for height, setbacks, parking, and FAR, the project is also subject to the requirements of PAMC Section 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts. The goal of these criteria is to balance the needs of proposed projects with the need to minimize impacts to surrounding neighborhoods and businesses. Further, the project is subject to PAMC Section 18.16.090 Context-Based Design Criteria, the goal of which is to achieve compatibility of scale and massing for proposed projects; including linkages with the overall pattern of existing buildings to maintain street unity. The minimum parking and bicycle parking requirements for the site are contained within PAMC Section 18.52 Parking and Loading Requirements and 18.54 Facility Design Standards. Context-Based Criteria According to Section 18.16.090 of the PAMC, compatibility is achieved when apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings, so that the visual unity of the street is maintained. The site is located on a block that includes primarily low-intensity single-story buildings, which are surrounded by surface parking lots; except for the residential multi-family neighborhood with two to three-story buildings across San Antonio Road to the west. These residences include a garage that is not completely submerged as a basement, so it does count as a story. Any hotel project in this neighborhood seeking to maximize the zoning code encouraged incentive of a 2.0 FAR is likely to have some challenges meeting all the expectations of the context-based design criteria where adjacent properties can only achieve a maximum 0.4 FAR. Additionally, many of the buildings along the block are currently below 0.4 FAR exacerbating the perception that the new development will be out of scale with the surroundings. The city’s interest to have development meet the context-based design criteria must be viewed in light of other stated interests (and zoning regulations) encouraging hotel development. Neighborhood context has been a consistent and ongoing concern regarding this project and the use of meaningful building articulation and modulating the building mass combined with substantial landscaping is critical to help bridge the transition between the project and adjacent and nearby lower profile buildings. While more could be done in this regard, the ARB felt that with the most recent revisions, the project provides sufficient modulation and will meet context based criteria with the provision of additional landscaping at the terraces and ground level with increased vegetation density. City of Palo Alto Page 7 Finally, while not actionable now, it is worth noting that the City Council recently directed staff to explore a program in the Comprehensive Plan update to further increase FAR for hotel development. Performance Criteria (PAMC 18.23) The project is located within 150 feet of a Planned Community (PC) district (developed with multi-family condominiums) and is, therefore, subject to PAMC Section 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts. The purpose of the performance criteria is to provide standards to be used in the design and evaluation of development to balance the need of proposed projects with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria in Section 18.23 include standards for refuse disposal areas, lighting, landscaping, and site access. Consistent with the requirements of Section 18.23, the project proposes to provide covered refuse disposal areas away from residential uses, limit light-spillover to adjacent uses, plant landscaping to screen on-site uses (albeit not as much on the sides or rear property lines as the front), and provide surface parking away from the street and adjacent uses. More information is provided in Attachment E. Multi-Modal Access & Parking Vehicular Access Vehicle and bicycle access to the site would occur from northbound San Antonio Road. A single driveway access would allow travel through the shared center courtyard within the project site to the proposed surface parking lot and below-grade parking garage. Previously, the ARB has mentioned that this component of the project should be evaluated and centralized elsewhere on site. The plans have not changed in response to this comment. The driveway configuration would allow only right turns into and out of the property and would loop through the center courtyard to facilitate the pick-up and drop-off guests. This central driveway would also allow access to loading areas within the center of the site and additional parking at the rear of the site. The proposed below-grade parking garage would be accessed via the single driveway leading to a ramp at the center of the project site. Pedestrian Access The existing five-foot-wide sidewalk within the public right-of-way along San Antonio Road would be maintained and walkways from the sidewalk into the site would be provided to facilitate a pedestrian connection to the main building entrances. Walkways are also provided within the interior courtyard between the buildings to access parking and hotel facilities. Bicycle Access City of Palo Alto Page 8 San Antonio Road includes Class III (shared bicycle/vehicular) bikeways, which is marked on the pavement as such. Bicyclists would enter the property at the same driveway as vehicles. Parking The project would provide a total of 294 vehicle parking spaces for the proposed hotel uses. 278 spaces (236 self-park spaces and 58 valet spaces) would be provided within a two-level below-grade parking garage. An additional 16 surface parking spaces would be provided within the project’s interior courtyard area and at the rear of the site. The project would provide 30 short-term bicycle parking spaces within two bicycle racks that are proposed to be located within 30 feet of the main entrance of the building. Additionally, the project would provide secure bike storage, showers and clothes lockers for employees. Consistent with the zoning code, the project provides two loading spaces at the rear of the property. The valet spaces are located within drive aisles, which is inconsistent with the PAMC parking standards and would not count as standard parking spaces meeting the required parking for the project. The applicant requests an adjustment to the required parking, which allows up to a 20% reduction, which is equivalent to 58 spaces or the amount of spaces located within the drive aisles. The applicant provided a summary of how the valet parking program would work, and this valet parking is included as a condition of approval. The applicant also provided a parking study that identified that the peak parking ratio for the hotel based on similar hotels in the area would be an average of 0.70 (Attachment F). Based on this information and analysis, staff believes that the proposed parking will not create undue impact on existing or potential uses adjoining the site or in the general vicinity, and will be sufficient to meet the parking demand created by the development, including demand attributed to visitors and accessory facilities. Transportation Demand Management Program The project will implement a Transportation Demand Management (TDM) Program to reduce vehicle trips generated by the employees and guests. The TDM measures proposed by the project applicant are listed in Attachment I. These measures are divided into four categories: hotel TDM infrastructure, guest TDM programs, employee TDM programs, and guest & employee (dual) programs. The implementation of this program will reduce vehicle miles traveled and reduce parking demand as well. Conditions of approval address the implementation of the TDM program. Traffic Report A traffic report was prepared by the applicant’s consultant, Hexagon, and peer reviewed by city’s consultant, TJKM. (For newer applications, the City contracts out the traffic reports, City of Palo Alto Page 9 which are paid for by the applicant, obviating the need for peer reviews. However, this project predated this change in policy.) The report concludes that the project would generate 88 net new AM peak hour trips and 87 net new PM peak hour trips. These amounts discount the existing uses trip generation, which is common practice to give credit to on-going uses when calculating the net change in trips. This does not account for any trip reduction measures such as implementing a TDM program. The plan includes hotel operated shuttles and subsidized transit passes for employees, among many other measures. The report estimates trip reductions would be 20% for employee trips and 30% for guest trips. These reductions have been evaluated by the peer reviewer and are supported by the City’s transportation staff. Traffic analysis typically focuses on intersections, especially signalized intersections, because intersections act as the chokepoints in the system. Traffic conditions at the intersections along San Antonio Road were evaluated using a concept called “level of service” (LOS). Level of Service is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. Palo Alto city policy seeks to maintain intersection operations at LOS D or better, which is a moderate level of congestion. While most drivers probably would prefer traffic operations better than LOS D, that desire is balanced with efficient use of resources for the overall transportation system. That is why Palo Alto, and most other cities in Santa Clara County and on the Peninsula, target LOS D as the limit of acceptable congestion, although LOS E is the threshold for intersections in the VTA Congestion Management Plan. The project would increase the average delay (the wait time experienced by drivers using the study intersections) by 0.5 seconds or less. Based on the traffic study as peer reviewed by the City’s consultant and supported by the City’s transportation staff, there was no change in LOS with the project implemented at any of the study intersections. During circulation of the Draft EIR, the City received a number of comments regarding the transportation analysis, including comments about the timing of the traffic study and the queuing analysis. These comments have been responded to in the Final EIR and did not require additional analysis. While City staff acknowledges the concerns about traffic along San Antonio and connecting streets, the proposed hotels and hotels in general are not significant generators of peak hour trips and when analyzed using standard methods of evaluating traffic impacts the project does not create a significant impact based on standard thresholds. Vehicle Miles Traveled Vehicle Miles Traveled (VMT) is one of the alternative metrics considered when analyzing potential traffic impacts and the transportation analysis presents an estimate of average daily VMT for the proposed hotel. The estimated daily VMT would be 27.8 miles per capita (i.e. per employee and hotel guest) without any TDM measures, which would be reduced to 19.8 miles City of Palo Alto Page 10 per capita with the hotel’s proposed TDM program. This represents a reduction compared to vehicle miles traveled that are estimated to be generated by the existing buildings, which have an estimated daily VMT of 34.4 miles per capita. Suggested Routes to School The project is not located adjacent to a designated Safe Route to School, however, the intersection of Middlefield Road and San Antonio Road is within a designated walking route for Hoover Elementary, Fairmeadow, Greendell and JLS Middle School. Traffic conditions at this intersection are not expected to change in a noticeable way as a result of the project, although a logistics plan will be required to address traffic during the construction period. Public Comments Comments regarding the project have been received throughout the EIR process and at ARB meetings. Generally, there has been a negative response to the project from the neighbors (residential and commercial). In particular, there is concern regarding the size of the project (massing and bulk); the amount of traffic generated by the project; concerns about the construction of the basement; and the operation of the hotels using water resources. Many of these comments are addressed in the Final EIR, others were discussed and considered by the ARB. Public comments are included in the Final EIR and in Attachment I. (One of the comments was intended for the EIR, however, it was sent after the close of the comment period and included with public comments in Attachment J. The subjects of this comment are nonetheless addressed in responses to other comments in the Final EIR.) Policy Implications The proposed project has been analyzed for conformance with the City’s zoning regulations as described above, and has also been analzed for conformance with the City’s Comprehensive Plan. Relevant Comprehensive Plan Policies are identified in the Record of Land Use Action in Attachment C, and while some may find inconsistencies with individual policies, the project complies with the applicable Comprhensive Plan land use designation and on balance, the project is consistent with the Comprehensive Plan as a whole. Resource Impact As noted below in the discussion of overriding conditions (the SOC), the proposed project would generate transient occupancy tax (TOT) which would accrue to the City’s general fund and could support planned infrastructure projects. The applicant has projected that the project would generate $3.6 million in TOT after the third year. Based on hotels of a similar category and size, staff believes the estimate is reasonable during normal, non-recessionary economic times. The TOT rate 14%. In keeping with prior Council direction on the Infrastructure Plan that 2% of the TOT percentage should be dedicated to the plan, Staff recommends that at a minimum that same approach be taken if this project is approved. That level would provide City of Palo Alto Page 11 approximately half a million dollars a year that could go towards the Infrastructure Plan funding gap. The Council could by policy or annual budget decsion appropriate more towads infrastructure. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project requires the certification of an Environmental Impact Report (EIR). The EIR was prepared by David J. Powers Associates under contract with the City. Scoping Meeting A scoping meeting on the EIR was conducted on March 3, 2016 during a duly noticed Architectural Review Board meeting. The public commented on traffic congestion (use of ride- shares), construction impacts such as noise, and dirt and damage to San Antonio Road. Concerns were also raised about the impacts of the underground garage on ground water. Comments continued with the impacts of diesel fuels and other contaminants on groundwater. The public also commented on shading and parking. Scoping comments were considered during preparation of the Draft EIR. Public Circulation The Draft EIR was circulated for public review between March 27, 2017 and May 10, 2017. Public comments on the Draft EIR were included in a Final EIR, which responds to each of the substantive comments received. The Final EIR was provided to commenters on May 31, 2017 and can be found in Attachment J. Potential Impacts Environmental impacts are physical impacts on the environment and are separated into either construction (temporary) or operational (longer-term and ongoing) impacts and evaluated based upon established thresholds of significance. If an impact is potentially significant, then mitigation measures are required to reduce that impact to a level of less than significant if feasible. The following were identified as potential significant impacts by topic: Air Quality Impact AQ-1: The proposed project could result in a risk for respiratory ailments resulting from exposure during construction. (Less than Significant Impact with Mitigation Incorporated). Biological Resources City of Palo Alto Page 12 Impact BIO-1: Construction activities associated with the proposed project could result in impacts to nesting birds through the loss of fertile eggs or nest abandonment. (Less than Significant Impact with Mitigation Incorporated) Cultural Resources Impact CUL-1: Demolition of the mid-century modern structure at 744 San Antonio Road represents a substantial adverse effect to a historical resource eligible for the California Register. (Significant Impact) While mitigation measures are included, none would alleviate the impact and therefore the impact remains significant and unavoidable. (See the discussion below for more detail on the historic structure.) Impact CUL-2: Unknown subsurface archaeological or paleontological resources could be present on the site in underlying native soils, and could be disturbed during project construction. (Less than Significant Impact with Mitigation Incorporated) Hazards and Hazardous Materials Impact HAZ-1: Localized hazardous materials contamination is present in on-site soils. Construction activities could result in hazards to people or the environment. (Less than Significant Impact with Mitigation Incorporated) Impact HAZ-2: MtBE and petroleum hydrocarbon contaminated groundwater could be encountered during excavation for and construction of the below-grade parking garage. Exposure to this contaminated water or soil vapors could result in hazards to construction workers, the public or the environment during construction or hotel operation. (Less than Significant Impact with Mitigation Incorporated) Noise Impact NOI-1: Noise generated by general construction activity could impact residents to the west of the project site in the short-term. (Less than Significant Impact with Mitigation Incorporated) Historic Listing Eligible Structure The structure at 744 San Antonio Road is approximately 20,775 square feet in size and is currently used as a professional office. The structure was originally constructed in 1961 as a mortuary and funeral chapel, with significant rear additions totaling approximately 16,015 square feet occurring at the rear of the structure in 1983. The structure is eligible for listing on the California Register of Historic Places, due to its age and embodiment of some characteristics of mid-century modern architecture. The structure at 744 San Antonio Road is representative of the mid-century modern style, popularized between 1945 and 1965, and made prominent within south Palo Alto by noted City of Palo Alto Page 13 architect Joseph Eichler who popularized the style for residential architecture. The mid-century modern style emphasizes the concept of indoor-outdoor living through the reduction of divisions between interior and exterior space. The use of design elements, such as overhanging trellises, pergolas, atriums, and integrated planters emphasized this indoor/outdoor connection. The opening of interior spaces, interaction with the natural environment, and straightforward use of materials were important principles that came to characterize the style. The building at 744 San Antonio Road exhibits an asymmetrical design with right angles and cubic forms. The building façade features a roughhewn stone wall that encloses a courtyard, a trellis system, and a series of exposed rafters. The main body of the building features stucco cladding painted a neutral earth tone. The most prominent feature of the building is the exaggerated, overtly tall hipped roof with wide overhanging eaves. This exaggerated roof form is common to ecclesiastical buildings of this era. Windows along the façade and within the courtyard are wall length and separated by projecting wood mullions. The 1961 structure at 744 San Antonio Road is considered eligible for listing on the California Register under Criterion 3, embodying the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. The eligibility determination was made based on the building’s distinctive mid-century modern style. Despite an addition to the rear of the building and minor alterations to fenestration, the structure retains its distinctive features and overall integrity. While the building appears eligible for listing on the California Register under Criterion 3, its diminished integrity precludes it from being listed on the National Register of Historic Preservation (NRHP). This 1983 addition at 744 San Antonio Road is not attached to the original structure and is not a part of the structure potentially eligible for the California Register. The demolition of the eligible building results in an unavoidable significant impact that would require the City Council to adopt a SOC, since there is no mitigation for a demolished building. Final EIR The Final EIR consists of comments received by the Lead Agency on the Draft EIR during the public review period, responses to those comments, and necessary revisions to the text of the Draft EIR (Attachment F). In conformance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Final EIR provides objective information regarding the environmental consequences of the proposed project. The Final EIR is intended to be used by the City and any Responsible Agencies in making decisions regarding the project. The CEQA Guidelines advise that, while the information in the Final EIR does not control the agency’s ultimate discretion on the project, City of Palo Alto Page 14 the agency must respond to each significant effect identified in the Draft EIR by making written findings for each of those significant effects. According to the State Public Resources Code (Section 21081), no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which will mitigate or avoid the significant effect on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities of highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the City finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. Statement of Overriding Considerations (SOC) The Final EIR indicates that the Project would result in significant and unavoidable impacts which cannot be adequately mitigated through the adoption and implementation of feasible mitigation measures. Those impacts, along with mitigation measures to mitigate them to the extent feasible, are listed below as referenced in the Final EIR. Demolition of the mid-century modern structure at 744 San Antonio Road represents a substantial adverse effect to a historical resource eligible for the California Register. No mitigation measure will completely reduce the impact of demolition to implement the project and there are no feasible project alternatives that would both completely avoid significant impacts or meet all of the project objectives as stated and discussed in the Final EIR, therefore statements of overriding consideration are necessary. City of Palo Alto Page 15 As stated below and within the attached record of land of use action, statements that the City Council may modify to support adoption of the SOC: 1. The subject site is an under-utilized parcel in an area that is transforming from low- intensity commercial development to higher-intensity commercial development. Hotel projects are encouraged in this zoning district and supported by the City’s Comprehensive Plan. Adaptive reuse of the historic structure cannot feasibly accommodate a new contemporary hotel and meet the project objectives. 2. In 2014, the City Council adopted an Infrastructure Plan that includes a list of capital projects that need to be prioritized and funded. The plan is currently underfunded as the cost of construction has increased over time. The plan includes several important capital projects, including a new public safety building, public parking garages, implementation of the city’s pedestrian and bicycle plan, replacement of fire stations and several other projects important to the community. This plan relies, in part, on a 2% increase to the transient occupancy tax (TOT) that was approved by voters to support implementation of the Infrastructure Plan. The proposed development of a 294 room, dual branded hotel is expected to bring TOT revenues of $3.6 million annually, based on an average 79% occupancy rate. If the City Council continues its policy to support funding of the Infrastructure plan with TOT revenue from new hotels, this project would contribute an estimated $514,000 (2%) annually to support Infrastructure Plan projects. While loss of a historic building will result in a negative impact on the environment, this loss is outweighed by the economic benefit of the project, which will provide ongoing funding to support critical infrastructure improvements throughout the city. Attachments: Attachment A: Location Map (PDF) Attachment B: CEQA Resolution (DOCX) Attachment C: Draft Record of Land Use Action (DOCX) Attachment D: CS Zoning Comparison (DOCX) Attachment E: Performance standards (DOCX) Attachment F: Parking Study-Valet Operations (PDF) Attachment G: April 6, 2017 Staff Report w/o Attachments (PDF) Attachment H: Transportation Demand Management Program (DOCX) Attachment I: Project Plans (DOCX) Attachment J: Public Letters to Council (PDF) Attachment K: Environmental Impact Report (DOCX) Greendell Site Building 5 Building 3 Building 8 Building 9 Building 2 Buildin g 10 B uilding 10 Building 4 Building 7 Building 7 Building 12 Buildin g 11 Building 8 Building 6 Building 9 Building 6 Building 5 Building 13 Building 5 Building 2 Building 14 Building 2 Building 4 Building 3 Building 4 Building 15 Building 1 Building 1 Building 3 CS CS(AD) RM-15 CS CS(AD) PF PC-2711 CS PC-2640 RM-15 PC-1417 PC-4843 RM-15 R-2 CN SAN ANTONIO AVENUE FERN E AVENUE MIDDLEFIELD ROAD SUTHERLAND DRIVE SAN ANTONIO AVENUE KEATS COURT MIDDLEFIELD ROAD SAN ANTON IO AVENUE BYRO N STREET E WOOD PLACE VE FABIAN STREET S E M IN O L E W A Y MONTROSE AVENUE SAN ANTONIO AVENUE LEGHORN STREET SAN ANTO NIO C OURT (Pvt.) MAP LEWOOD AVENUE 800 4171 4183 4195 486 488 481 465 4 82 490 451 485 479 473 467 461 455 452 4 476 474 464 462 460 478 443 449 525 491 495 4190418041704160 690 490 560 670 4152 4120 408140734061 4080 4088 407240644056 57 725 717 40614049 4073 711 737 625 627 62 3 6 2 1 622 7 50 75 6 762 7 6 8 7 6 9 76375 7 7 517 4 5 7 5 9 740 7 44 7 7 9 765 733 4123 4133 4118 4134 4126 4154 639 637633 633 629 631 620 62 4 62 6 628 630 634 632 638 636 642 640 416041584154 4157 6994147 4145 4149 4151 4153 4155 4 1 48 4150 4150 719 744 738 732 726 720 714 702 4109 4117 4125 4103 4113 41104102 708 749 707 713 725 731 737 743 712 718 726 708 704 700 4099 4096 765 4171 4185 750 744 748 720 716 4201 4225 4233 710 725 705 4151 760 7 9 4 7 96 792 790 786 780 774 768 762 756 750 7 75 7 74 779 785 788 780 796 770 773 767772 764 761 750 755 734 777 4017 015 4057 4055 825 4080 4074 406240304020 795 797 799 801 821 815 809 762 780 840 0 824 816 814 810808 802 800 796B 796A 788 630 6 642 644 646 648 650 4077 41564152 521 660 790 792 812 817 598 708 569 2565 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Zone Districts 744-748 San Antonio Ave (Project Site) City Jurisdictional Limits abc Zone District Labels 0' 350' 744-748 San Antonio Avenue withZoning Districts Area Map CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2015 City of Palo Alto rrivera, 2015-05-18 11:14:24744 748 SanAntonio SS (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) 1 Resolution No ______ Resolution of the Council of the City of Palo Alto Certifying the Final Environmental Impact Report, Adopting a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program in Accordance with the California Environmental Quality Act for the 744-750 San Antonio Road Hotels Project The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Introduction and Certification. (a) The City Council of the City of Palo Alto ("City Council"), in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of the California Environmental Quality Act ("CEQA"; Pub. Resources Code, §§ 21000 et seq.), and Sections 15091, 15092, and 15093 of the CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph. These findings are made relative to the conclusions of the City of Palo Alto 744-750 San Antonio Road Hotels Project Final Environmental Impact Report (State Clearinghouse No. 2016022065) (the "Final EIR"), which includes the Draft Environmental Impact Report ("Draft EIR"). The Final EIR addresses the environmental impacts of the implementation of the 744-750 San Antonio Road Hotels Project (the "Project", as further defined in Section 2(b) below) and is incorporated herein by reference. These findings are based upon the entire record of proceedings for the Project. (b) Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program described below, which is the responsibility of the City. (c) The City of Palo Alto is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Project. T2 Development is the Project applicant. (d) The City exercised its independent judgment in accordance with Public Resources Code section 20182.l(c), in retaining the independent consulting firm David J. Powers & Associates, Inc. ("Powers & Associates") to prepare the Final EIR, and Powers & Associates prepared the Final EIR under the supervision and at the direction of the City's Director of Planning and Community Environment. 2 (e) The City, through Powers & Associates, initially prepared the Draft EIR and circulated it for review by responsible and trustee agencies and the public and submitted it to the State Clearinghouse for review and comment by state agencies, for a comment period that ran from March 27, 2017, through May 10, 2017. Comments were received and revisions were made to the Final EIR. (f) Based upon review and consideration of the information contained therein, the City Council hereby certifies that the Final EIR was completed in compliance with CEQA, and reflects the City of Palo Alto's independent judgment and analysis. The City Council has considered evidence and arguments presented during consideration of the Project and the Final EIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth below, the City Council certifies that it has complied with Public Resources Code sections 21081, 21081.5, and 21082.2. (g) Section 6 of the Final EIR shows all revisions which the Final EIR made to the Draft EIR. All references to the Draft EIR in these findings include references to all revisions to the Draft EIR made in the Final EIR. Having reviewed this section and the Final EIR as a whole, the City Council hereby finds, determines, and declares that no significant new information has been added to the Final EIR so as to warrant recirculation of all or a portion of the Draft EIR. Likewise, the City Council has considered all public comments and other information submitted into the record since publication of the Final EIR, and further finds that none of that additional information constitutes significant new information requiring recirculation of the Final EIR. SECTION 2. Project Information. The following Project information is supplied to provide context for the discussion and findings that follow, but is intended as a summary and not a replacement for the information contained in the Draft EIR, Final EIR, or Project approvals. (a) Project Objectives The Project Objectives of the Project applicant are set forth in Section 2.4 of the Draft EIR, which is incorporated herein by reference. (b) Project Description The project proposes to demolish the existing on-site structures and other improvements 3 and construct two, five-story hotel buildings with shared amenity facilities and two levels of below-grade parking. The proposed hotels would include a 151-room Courtyard by Marriott hotel (Courtyard Hotel) and a 143-room AC by Marriott hotel (AC Hotel), for a total of 294 new hotel rooms. The project is anticipated to employ up to 50 people with 12 to 15 staff on site at any one time, including front desk, food and beverage, housekeeping, and engineering staff. The two proposed hotel buildings would be differentiated by branding, including interior and exterior colors and material uses. The proposed shared interior courtyard would incorporate amenities for the hotel guests, including a swimming pool, patio areas, and outdoor seating spaces. Associated landscaping, solid waste and recycling enclosures, parking shade- structures/solar panels, and vehicular access ramp to garage would also be constructed as part of the project. A conceptual site plan of the proposed Project is shown on Figure 2.3-1. Conceptual elevations of the buildings are shown on Figures 2.3-2 through 2.3-4. (All references to figures and tables are to those appearing in the Draft EIR, as modified where applicable in the Final EIR.) A complete description of the Project as proposed by the Project applicant is set forth in Section 2.3 of the Draft EIR, as modified in the Final EIR. (c) Required Approvals The approvals required by the City as lead agency for implementation of the Project include: A. Architectural Review B. Lot Merger (Certificate of Compliance) C. Demolition Permit D. Building Permits E. Encroachment Permit SECTION 3. Record of Proceedings. (a) For purposes of CEQA, CEQA Guidelines section 15091(e), and these findings, the 4 Record of Proceedings for the Project includes, but is not limited to, the following documents: (1) The Final EIR, which consists of the 744-750 San Antonio Road Hotels Project Draft Environmental Impact Report, published and circulated for public review and comment by the City from March 27, 2017 through May 10, 2017 (the "Draft EIR"), and the 744-750 San Antonio Road Hotels Final Environmental Impact Report, published and made available on May 31, 2017, and all appendices, reports, documents, studies, memoranda, maps, testimony, and other materials related thereto; (2) All public notices issued by the City in connection with the Project and the preparation of the Draft EIR and the Final EIR, including but not limited to public notices for all public workshops held to seek public comments and input on the Project and the Notice of Preparation, Notice of Completion, Notice of Availability; (3) All written and oral communications submitted by agencies or interested members of the general public during the public review period for the Draft EIR, including oral communications made at public hearings or meetings held on the Project approvals; (4) The Mitigation Monitoring and Reporting Program; (5) All findings and resolutions adopted by the City Council in connection with the Project, and all documents cited or referred to therein; (6) All final reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City of Palo Alto and consultants with respect to the City of Palo Alto's compliance with the requirements of CEQA, and with respect to the City of Palo Alto's actions on the Project, including all staff reports and attachments to all staff reports for all public meetings held by the City; (7) Minutes and/or verbatim transcripts of all public meetings and/or public hearings held by the City of Palo Alto in connection with the Project; (8) Matters of common knowledge to the City of Palo Alto, including, but not limited to, federal, state, and local laws and regulations; 5 (9) Any documents expressly cited in these findings, in addition to those cited above; and (10) Any other materials required to be in the record of proceedings by Public Resources Code section 21167.G(e). (b) The custodian of the documents comprising the record of proceedings is the Director of Planning and Community Environment, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301. (c) Copies of all of the above-referenced documents, which constitute the record of proceedings upon which the City of Palo Alto's decision on the Project is based, are and have been available upon request at the offices of the Planning and Community Environment Department, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California, 94301, and other locations in the City of Palo Alto. (d) The City of Palo Alto has relied upon all of the documents, materials, and evidence listed above in reaching its decision on the Project. (e) The City Council hereby finds, determines and declares that the above referenced documents, materials, and evidence constitute substantial evidence (as that term is defined by section 15384 of the CEQA Guidelines) to support each of the findings contained herein. SECTION 4. Mitigation Monitoring and Reporting Program. (a) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (b) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit A and incorporated by reference, and finds, determines, and declares that adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures 6 recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. SECTION 5. Significant Impacts Reduced to Less than Significant. The Draft EIR and the Final EIR identified a number of significant and potentially significant environmental impacts that the Project will cause or contribute to. All of these significant effects can be fully addressed and reduced to less than significant through the adoption and implementation of standard project requirements incorporated as part of the Project and feasible mitigation measures. Those impacts, along with the standard project requirements and mitigation measures to reduce them to less than significant, are listed below as referenced in the Draft and Final EIR. 3.2 Air Quality Impact AQ-1: The proposed project could result in an excess cancer risk for a child exposure during construction. a) Potential Impact. The impact identified above is described and discussed in Section 3.2 of the Draft EIR. b) Mitigation Measures. Implementation of the following measure would reduce diesel exhaust emissions and concentrations during construction to a level below the significance threshold of 10 in one million: MM AQ-1.1: Construction equipment shall be selected to minimize emissions. Such equipment selection would include the following requirements: All diesel-powered off-road equipment larger than 50 horsepower and operated on the site for more than two days continuously shall, at a minimum, meet United States Environmental Protection Agency particulate matter emissions standards for Tier 2 engines or equivalent, and/or Use of alternative powered equipment (e.g., Liquefied Petroleum Gas [LPG]- powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures listed above; and The construction contractor could use other measures to minimize construction period diesel particulate matter Diesel Particulate Matter emissions to reduce the predicted cancer risk below the thresholds. Such 7 measures may include the use of alternative powered equipment City of Palo Alto 44 Draft Environmental Impact Report 744-750 San Antonio Road March 2017 (e.g., LPG-powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to a less than significant level. Measures to be used shall be approved by the City of Palo Alto Department of Planning & Community Environment prior to issuance of demolition permits, and demonstrated to reduce community risk impacts to less than significant. c) Findings. Implementation of the BAAQMD BMPs would reduce exhaust emissions by five percent and fugitive dust emissions by over 50 percent. Implementation of MM AQ-1.1 would further reduce onsite diesel exhaust emissions. With implementation of these measures, the increased cancer risk for construction would be 8.4 in one million, which is below the threshold of greater than 10 per one million. Thus, the project would have a less than significant impact with respect to community risk caused by construction activities. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. 3.3 Biological Resources Impact BIO-1: Construction activities associated with the proposed project could result in impacts to nesting birds through the loss of fertile eggs or nest abandonment. a) Potential Impact. The impact identified above is described and discussed in Section 3.3 of the Draft EIR. b) Mitigation Measures. In conformance with the California State Fish and Game Code and the provisions of the Migratory Bird Treaty Act, the project shall implement the following measures to reduce impacts to nesting birds and raptors to a less than significant: MM BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible to avoid the nesting season (February 1 to August 31). If it is not feasible to schedule construction between September 1 and January 31, preconstruction nesting bird surveys shall be completed prior to tree removal or construction activities in order to avoid impacts to nesting birds. Surveys shall be completed by a qualified biologist no more than 14 days before demolition or construction activities begin. During this survey, the biologist or ornithologist 8 shall inspect all trees and other nesting habitats in and immediately adjacent to the construction areas for nests. MM BIO-1.2: If an active nest is found in an area that will be disturbed by construction, the ornithologist shall designate an adequate buffer zone to be established around the nest, in consultation with the California Department of Fish & Wildlife. The buffer will ensure that nests shall not be disturbed during project construction. The no-disturbance buffer shall remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes again during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present. MM BIO-1.3: The applicant shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning, and Community Environment, prior to the issuance of a Grading Permit or Demolition Permit. c) Findings. With the implementation of these mitigation measures to protect nesting birds, the project would result in a less than significant impact. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. 3.4 Cultural Resources Impact CUL-2: Unknown subsurface archaeological or paleontological resources could be present on the site in underlying native soils, and could be disturbed during project construction. a) Potential Impact. The impact identified above is described and discussed in Section 3.4 of the Draft EIR. b) Mitigation Measures. With implementation of the following mitigation measures, potential impacts to subsurface cultural resources would be reduced to a less than significant level: MM CUL-2.1: In the event any significant cultural materials (including fossils) are encountered during construction grading or excavation, all construction within a radius of 50 feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of findings documenting any data recovered during monitoring 9 shall be submitted to the Director of Planning and Community Environment. MM CUL-2.2: Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. If the Director of Planning and Community Environment finds that the archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. c) Findings. With implementation of mitigation measures MM CUL-2.1 and 2.1 the project will have a less than significant impact. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. 3.8 Hazards and Hazardous Materials Impact HAZ-1: Localized hazardous materials contamination is present in on-site soils. Construction activities could result in hazards to people or the environment. a) Potential Impact. The impact identified above is described and discussed in Section 3.8 of the Draft EIR. b) Mitigation Measures. The project shall implement the following mitigation measures as part of a Voluntary Cleanup Program with the oversight of SCCDEH, or other appropriate oversight agency, to reduce impacts associated with redevelopment of the site to a less than significant level: MM HAZ-1.1: Due to the presence of localized total petroleum hydrocarbons, lead, and possibly residual organochlorine pesticides impacted soil at the project site, the project shall conduct additional focused sampling and analysis under the oversight of the Santa Clara County Department of Environmental Health (SCCDEH), or other appropriate oversight agency, in accordance with a Work Plan prepared by a qualified professional and approved 10 by the oversight agency. The Work Plan shall be approved prior to building demolition and site clearing or excavation and include appropriate risk-based screening levels for comparison of the sampling results. At minimum, soils in the upper 18 inches of soil will be analyzed to quantify petroleum, hydrocarbons, volatile organic compounds, and organochlorine pesticides as part of post- demolition soil sampling following site clearing. Based upon the results of the analysis under the Work Plan and an Remedial Excavation Report, offsite disposal of excavated soil shall occur consistent with sample protocols (as required by the receiving disposal site) and in conformance with current regulatory practices. The excavated soils shall be placed at a regulated landfill appropriate to the soils analysis results. Confirmation sampling shall be conducted at the bottom of the initial excavation depths to verify that contaminated soils have been removed. A letter (or equivalent assurance) from the oversight agency documenting completion of the Work Plan for on-site testing to the satisfaction of the City of Palo Alto 93 Draft Environmental Impact Report 744- 750 San Antonio Road March 2017 oversight agency shall be provided to the Department of Planning & Community Environment prior to the issuance of building permits. MM HAZ-1.2: A Soil and Groundwater Management Plan (SMP) shall be developed to establish management practices for handling contaminated soil, groundwater or other materials encountered during construction activities. The SMP shall identify potential health, safety, and environmental exposure considerations associated with redevelopment activities and shall identify appropriate mitigation measures. The SMP shall be submitted to the City and oversight agency for approval prior to commencing construction activities. The SMP shall include the following: Proper mitigation as needed for demolition of existing structures; Management of stockpiles, including sampling, disposal, and dust and runoff control including implementation of a stormwater pollution prevention program; Management of underground structures encountered, including utilities and/or underground storage tanks; Procedures to follow if evidence of an unknown historic release of hazardous materials (e.g., underground storage tanks, polychlorinated biphenyls, other contamination, etc.) is discovered during excavation or demolition activities; Traffic control during site improvements; Noise, work hours, and other relevant City regulations; Mitigation of soil vapors (if required); Procedures for proper disposal of contaminated materials (if required); and Monitoring, reporting, and regulatory oversight arrangements. MM HAZ-1.3 A site-specific Health and Safety Plan (HSP) shall be prepared as part of the SMP prior to issuance of grading permits for project construction to address potential health 11 and safety hazards associated with implementation of the SCCDEH approved work plan and the proposed redevelopment activities (e.g., site preparation, demolition, grading and construction). The HSP shall govern activities of all personnel present during field activities. Any contractor performing a task not covered in the HSP shall be required to develop a job hazard analysis specific to that task prior to performing the task. c) Findings. Implementation of the mitigation measures listed above would reduce the impacts of soil contaminants to a less than significant level. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. Impact HAZ-2: MtBE and petroleum hydrocarbon contaminated groundwater could be encountered during excavation for and construction of the below-grade parking garage. Exposure to this contaminated water or soil vapors could result in hazards to construction workers, the general public or the environment during construction or hotel operation. a) Potential Impact. The impact identified above is described and discussed in Section 3.8 of the Draft EIR. b) Mitigation Measures. The following mitigation measures are included in the project to reduce hazards associated with contaminated groundwater underlying the project site. The project shall implement the following mitigation measures with the oversight of the SCCDEH or other appropriate oversight agency to reduce impacts associated with development of the site to a less than significant level: MM HAZ-2.1: Soil Vapor Controls. The potential risks to human health from soil vapors from contaminated groundwater shall be reduced either by remediation of contaminated soils (e.g., excavation and off-site disposal) under MM HAZ- 1.2 and/or implementation of institutional and engineering controls to ensure that any potential added health risks are reduced to acceptable levels. Institutional and engineering controls employed on the site may include passive and active ventilation systems, vapor barriers, and/or adoption of deed restrictions. Guidelines and measures for health and safety during construction activities, soil management, groundwater management, addressing vapor intrusion issues, and construction activities (unanticipated subsurface conditions) shall be addressed as part of a Soil and Groundwater Management Plan (SMP) under MM HAZ-1.2 and reviewed and approved by SCCDEH or other appropriate oversight agency. 12 Final approval received from the oversight agency stating that the entire site is suitable for hotel land uses with implementation shall be issued and copied to the Department of Planning & Community Environment, prior to issuance of permits for project construction. MM HAZ-2.2: Groundwater Handling and Disposal During Construction. Groundwater handling during construction shall be conducted in accordance with an approved Soil and Groundwater Management Plan as outlined in MM HAZ- 1.2. A dewatering system shall be implemented during construction of the project. Prior to discharge to the public stormwater collection system, contaminants (including petroleum hydrocarbons and MtBE) shall be removed from dewatered groundwater. The system shall include a granulated activated carbon unit, or equivalent treatment device. A discharge plan shall be prepared and permits shall be secured from the appropriate regulatory agencies, including the Regional Water Quality Control Board and the City of Palo Alto. c) Findings. Implementation of MM HAZ-1.2, MM HAZ-2.1 and MM HAZ-2.2 as part of the project would reduce hazardous materials impacts related to contaminated groundwater to a less than significant level. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. 3.11 Noise and Vibration Impact NOI-1: Noise generated by general construction activity could impact residents to the west of the project site in the short-term. a) Potential Impact. The impact identified above is described and discussed in Section 3.11 of the Draft EIR. b) Mitigation Measures. The project shall implement the following mitigation measure, which would lessen potential construction-related noise impacts to a less than significant level: MM NOI-1.1: The project applicant shall implement a noise logistics plan which would include, but not be limited to, the following measures to reduce construction noise levels as low as practical: Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists. 13 Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment. Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses. Locate staging areas and construction material areas as far away as possible from adjacent land uses. Prohibit all unnecessary idling of internal combustion engines. The contractor will prepare a detailed construction plan identifying a schedule of major noise generating construction activities. This plan shall identify a noise control disturbance coordinator and procedure for coordination with the adjacent noise sensitive facilities so that construction activities can be scheduled to minimize noise disturbance. This plan shall be made publicly available for interested community members and a public notice will be sent to neighbors within 300 feet within two weeks of the start of any on-site grading or demolition activities. The disturbance coordinator will be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the case of the noise complaint (e.g. starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator at the construction site will be posted and included in the notice sent to neighbors regarding the construction schedule. c) Findings. The project would be constructed consistent with the allowable construction hours, per the Noise Ordinance, and would implement MM NOI-1.1 to reduce short-term noise impacts resulting from construction noise to a less than significant level. d) Remaining Impact. Implementation of the above standard project requirements and mitigation measures would reduce all potential impacts to less than significant. SECTION 6. Significant and Unavoidable Impacts. The Draft EIR and the Final EIR documented that the Project would result in significant and unavoidable impacts which cannot be adequately mitigated through the adoption and implementation of feasible mitigation measures. Those impacts, along with mitigation measures to mitigate them to the extent feasible, are listed below as referenced in the Draft EIR. 3.1 Cultural Resources Impact CUL-1: Demolition of the mid-century modern structure at 744 San Antonio 14 Road represents a substantial adverse effect to a historical resource eligible for the California Register. e) Potential Impact. The impact identified above is described and discussed in Section 3.4 of the Draft EIR. f) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the Mitigation Monitoring and Reporting Program, and as further described in the remainder of these findings: Mitigation Measures CUL-1.1 and CUL-1.2. MM CUL-1.1: Historic American Buildings Survey (HABS) documentation of the exterior of 744 San Antonio Road and the structure’s setting shall be prepared by the project applicant prior to the demolition of the structure. Following the HABS guidelines, this documentation shall include full measured drawings, large-format photography, and an historical overview of the structure. The documentation shall be filed by the applicant with City of Palo Alto Historic Preservation Officer, prior to the start of demolition. MM CUL-1.2: Prior to demolition, the project proponent shall make the building available for relocation or salvage by qualified salvage companies facilitating the reuse of historic building materials. The structures shall be advertised for relocation or salvage by placing an advertisement in a newspaper of general circulation, posting on a website, and on-site posting for at least 30 days. g) Findings. The above-noted mitigation measures will reduce the severity of this potentially significant impact by documenting the building and providing the opportunity for salvage and reuse of the building’s materials. However, because of the implementation of the project requires the demolition of the building, these measures would not fully mitigate this Impact to a less-than-significant level. h) Remaining Impacts. There are no other feasible mitigation measures available to mitigate this impact to a less-than-significant level. Implementation of Mitigation Measures CUL-1.1 and 1.2 would lessen the Project's impacts on the described historical resources through documentation and providing the opportunities to reuse the building’s materials. However, the implementation of the Project requires the demolition and these mitigation measures would not result in reversing the demolition, and therefore would still result in a significant impact to historic resources. 15 i) Overriding Considerations. The environmental, social, economic and other benefits of the Project override any remaining significant adverse impacts of the Project relating to historical resources as set forth in the Statement of Overriding Considerations discussion below (Section 8). SECTION 7. Findings Regarding Project Alternatives. Public Resources Code section 21002 prohibits a public agency from approving a project if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of the project. When a lead agency finds, even after the adoption of all feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project's significant impacts. Under CEQA, "feasibility” includes "desirability" to the extent that it is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors, and an alternative may be deemed by the lead agency to be "infeasible" if it fails to adequately promote the project applicant's and/or the lead agency's primary underlying goals and objectives for the project. Thus, a lead agency may reject an alternative, even if it would avoid or substantially lessen one or more significant environmental effects of the project, if it finds that the alternative's failure to adequately achieve the objectives for the project, or other specific and identifiable considerations, make the alternative infeasible. The City Council certifies that the Final EIR describes a reasonable range of alternatives to the Project, which could feasibly obtain the basic objectives of the Project, and that the City Council has evaluated the comparative merits of the alternatives. As described below, the City Council has decided to approve the Project as proposed, and to reject the remainder of the alternatives, as summarized below. Section 2.4 of the Draft EIR set forth the Project applicant's objectives for the Project. That list is incorporated herein by reference. In light of the applicant's objectives for the Project, and given that the Project is expected to result in certain significant environmental effects even after the implementation of all feasible mitigation measures, as identified above, the City hereby makes the following findings with respect to whether one or more of the alternatives evaluated in the Draft EIR could feasibly accomplish most of the goals and objectives for the Project and substantially lessen or avoid one or more of its potentially significant effects. 16 No Project Alternative The No Project Alternative - Current Conditions Scenario is discussed at Section 5.5.1 of the Draft EIR. The No Project - Current Conditions Scenario is hereby rejected as infeasible because it would not achieve the Project objectives, as explained in Sections 2.4 and 5.3 of the Draft EIR. Location Alternative The Location Alternative is discussed in Section 5.4.1 of the Draft EIR. The Location Alternative is hereby rejected as infeasible because there is no suitable site is available to achieve the objectives of the project explained in Sections 2.4 and 5.3 of the Draft EIR and it is unknown whether the applicant could reasonably acquire, control or have access to property to implement the project. No Project-Housing Alternative The No Project-Housing Alternative is discussed in Section 5.5.2 of the Draft EIR. The No Project-Housing Alternative is hereby rejected as infeasible because it while it could potentially avoid the demolition of the California Register-eligible resource, and other significant impacts could also be avoided, this alternative would not achieve the primary Project objectives, as explained in Sections 2.4 and 5.3 of the Draft EIR. Reduced Intensity (Maintaining the Historic Structure) Hotel Alternative The Reduce Intensity Alternative is discussed in Section 5.5.3 of the Draft EIR. The Reduce Intensity Alternative is hereby rejected as infeasible because while it would avoid the demolition of the California Register-eligible resource, it would not meet all the Project objectives. SECTION 8. Statement of Overriding Considerations Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, this City Council adopts and makes the following Statement of Overriding Considerations regarding the remaining significant unavoidable impacts of the Project, as discussed above, and the anticipated economic, social and other benefits of the Project. The City finds that: (i) the majority of the significant impacts of the Project will be reduced to less- than-significant and acceptable levels by the mitigation measures described in the Final 17 EIR and approved and adopted by these Findings; (ii) the City's approval of the Project will result in certain significant adverse environmental effects that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project; and (iii) there are no other feasible mitigation measures or feasible Project alternatives that would further mitigate or avoid the remaining significant environmental effects. The significant effects that have not been mitigated to a less-than-significant level and are therefore considered significant and unavoidable are identified in Section 6 above. Despite these potentially significant impacts, it is the City's considered judgment that the benefits offered by the Project outweigh the potentially adverse effects of these significant impacts. The substantial evidence supporting the following described benefits of the Project can be found in the preceding findings and in the record of proceedings. The benefits of the Project which the City Council finds serve as overriding considerations" justifying its approval include the following: (1) The subject site is an under-utilized parcel in an area that is transforming from low-intensity commercial development to higher-intensity commercial development. Hotel projects are encouraged in this zoning district and supported by the City’s Comprehensive Plan. Adaptive reuse of the historic structure cannot feasibly accommodate a new contemporary hotel and meet the project objectives. (2) In 2014, the City Council adopted an Infrastructure Plan that includes a list of capital projects that need to be prioritized and funded. The plan is currently underfunded as the cost of construction has increased over time. The plan includes several important capital projects, including a new public safety building, public parking garages, implementation of the city’s pedestrian and bicycle plan, replacement of fire stations and several other projects important to the community. This plan relies, in part, on a 2% increase to the transient occupancy tax (TOT) that was approved by voters to support implementation of the Infrastructure Plan. The proposed development of a 294 room, dual branded hotel is expected to bring TOT revenues of $3.6 million annually, based on an average 79% occupancy rate. If the City Council continues its policy to support funding of the Infrastructure plan with TOT revenue from new hotels, this project would contribute an estimated $514,000 (2%) annually to support Infrastructure Plan projects. While loss of a historic building will result in a negative impact on the 18 environment, this loss is outweighed by the economic benefit of the project, which will provide ongoing funding to support critical infrastructure improvements throughout the city. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: Mayor Director of Planning and Community Environment 19 Exhibit A MITIGATION MONITORING OR REPORTING PROGRAM Mitigation Measures Mitigation and Monitoring Responsibility Monitoring Action Schedule Air Quality MM AQ-1.1: Construction equipment shall be selected to minimize emissions. Such equipment selection would include the following requirements: All diesel-powered off-road equipment larger than 50 horsepower and operated on the site for more than two days continuously shall, at a minimum, meet United States Environmental Protection Agency particulate matter emissions standards for Tier 2 engines or equivalent, and/or Use of alternative powered equipment (e.g., Liquefied Petroleum Gas([LPG]-powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures listed above; and The construction contractor could use other measures to minimize construction period diesel particulate matter Diesel Particulate Matter emissions to reduce the predicted cancer risk below the thresholds. Such measures may include the use of alternative powered equipment (e.g., LPG-powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to a less than significant level. Measures to be used shall be approved by the City of Palo Alto Department of Planning and Community Environment prior to issuance of demolition permits, and demonstrated to reduce community risk impacts to less than significant. Implementation: Project applicant and contractors Monitoring: City of Palo Alto Department of Planning and Community Environment or designee Emissions control measures shall be approved by the Director of Planning and Community Environment or designee Prior to issuance of demolition permits and during construction 20 Mitigation Measure Mitigation and Monitoring Responsibility Monitoring Action Schedule Biological Resources MM BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible to avoid the nesting season (February 1 to August 31). If it is not feasible to schedule construction between September 1 and January 31, pre-construction nesting bird surveys shall be completed prior to tree removal or construction activities in order to avoid impacts to nesting birds. Surveys shall be completed by a qualified biologist no more than 14 days before demolition or construction activities begin. During this survey, the biologist or ornithologist shall inspect all trees and other nesting habitats in and immediately adjacent to the construction areas for nests. MM BIO-1.2: If an active nest is found in an area that will be disturbed by construction, the ornithologist shall designate an adequate buffer zone to be established around the nest, in consultation with the California Department of Fish & Wildlife (CDFW). The buffer will ensure that nests shall not be disturbed during project construction. The no-disturbance buffer shall remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes again during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present. MM BIO-1.3: The applicant shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning and Community Environment, prior to the issuance of a Grading Permit or Demolition Permit. Implementation: Project applicant, contractors, and qualified biologist Monitoring: City of Palo Alto Department of Planning and Community Environment and CDFW (if a nest is found) Avoidance of nesting season, or completion of pre-construction nesting bird surveys and submittal of a survey report to the Director of Planning and Community Environment Coordination with CDFW to avoid disturbance of active nests during project activities 14 days before demolition or construction activities begin and prior to issuance of a Grading Permit or Demolition Permit Cultural Resources MM CUL-1.1: Historic American Buildings Survey (HABS) documentation of the exterior of 744 San Antonio Road and the structure’s setting shall be prepared by the project applicant prior to the demolition of the structure. Following the HABS guidelines, this documentation shall include full Implementation: Project applicant Monitoring: City of Palo Alto Historic Submittal of HABS documentation for record- keeping purposes to the Prior to the start of demolition activities 21 measured drawings, large-format photography, and an historical overview of the structure. The documentation shall be filed by the applicant with City of Palo Alto Historic Preservation Officer, prior to the start of demolition. Preservation Officer City of Palo Alto Historic Preservation Officer MM CUL-1.2: Prior to demolition, the project proponent shall make the building available for relocation or salvage by qualified salvage companies facilitating the reuse of historic building materials. The structures shall be advertised for relocation or salvage by placing an advertisement in a newspaper of general circulation, posting on a website, and on-site posting for at least 30 days. Implementation: Project Applicant Monitoring: City of Palo Alto Historic Preservation Officer Submittal of proof of newspaper advertisement, posting on a website, and on-site posting to the City’s Historic Preservation Officer Prior to the start of demolition, structures shall be made available for salvage for 30 days after advertisement and on-site posting occurs MM CUL-2.1: In the event any significant cultural materials (including fossils) are encountered during construction grading or excavation, all construction within a radius of 50 feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of findings documenting any data recovered during monitoring shall be submitted to the Director of Planning and Community Environment. Implementation: Project applicant and contractors Monitoring: City of Palo Alto Department of Planning and Community Environment Notification of Director of Planning and Community Environment if cultural materials or fossils are encountered and submittal of a report of findings after data recovery During grading and excavation activities MM CUL-2.2: Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this state law, then the land owner shall reinter the human remains and items associated with Native American burials on the property in a location not Implementation: Project applicant and contractors Monitoring: City of Palo Alto Department of Planning and Community Environment, Santa Clara County Coroner, and NAHC Santa Clara County Coroner shall determine the status of remains, if encountered NAHC shall identify descendants of the deceased, if remains are Native American Submittal and acceptance of During grading and excavation activities 22 subject to further subsurface disturbance. If the Director of Planning and Community Environment finds that the archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. an archaeological report to the Director of Planning and Community Environment Hazards and Hazardous Materials MM HAZ-1.1: Due to the presence of localized total petroleum hydrocarbons, lead, and possibly residual organochlorine pesticides impacted soil at the project site, the project shall conduct additional focused sampling and analysis under the oversight of the Santa Clara County Department of Environmental Health (SCCDEH), or other appropriate oversight agency, in accordance with a Work Plan prepared by a qualified professional and approved by the oversight agency. The Work Plan shall be approved prior to building demolition and site clearing or excavation and include appropriate risk-based screening levels for comparison of the sampling results. At minimum, soils in the upper 18 inches of soil will be analyzed to quantify petroleum, hydrocarbons, volatile organic compounds, and organochlorine pesticides as part of post-demolition soil sampling following site clearing. Based upon the results of the analysis under the Work Plan and an Remedial Excavation Report, offsite disposal of excavated soil shall occur consistent with sample protocols (as required by the receiving disposal site) and in conformance with current regulatory practices. The excavated soils shall be placed at a regulated landfill appropriate to the soils analysis results. Confirmation sampling shall be conducted at the bottom of the initial excavation depths to verify that contaminated soils have been removed. A letter (or equivalent assurance) from the oversight agency documenting completion of the Work Plan for on-site testing to the satisfaction of the oversight agency shall be provided to the Department of Planning and Community Environment prior to the issuance of building permits. Implementation: Project applicant and contractors Monitoring: SCCDEH or other appropriate oversight agency, and City of Palo Alto Department of Planning and Community Environment Review and approval of the Work Plan and Remedial Excavation Report by SCCDEH or other appropriate oversight agency Provision of a letter (or equivalent assurance) from the oversight agency documenting completion of the Work Plan shall be provided to the Director of Planning and Community Environment Work Plan shall be approved prior to building demolition and site clearing or excavation A letter from the oversight agency documenting completion of Work Plan shall be submitted prior to the issuance of building permits MM HAZ-1.2: A Soil and Groundwater Management Plan (SMP) shall be developed to establish management practices for handling contaminated soil, Implementation: Project applicant and contractors Submittal of the SMP to the Director of Prior to the start of construction 23 groundwater or other materials encountered during construction activities. The SMP shall identify potential health, safety, and environmental exposure considerations associated with redevelopment activities and shall identify appropriate mitigation measures. The SMP shall be submitted to the City and oversight agency for approval prior to commencing construction activities. The SMP shall include the following: Proper mitigation as needed for demolition of existing structures; Management of stockpiles, including sampling, disposal, and dust and runoff control including implementation of a stormwater pollution prevention program; Management of underground structures encountered, including utilities and/or underground storage tanks; Procedures to follow if evidence of an unknown historic release of hazardous materials (e.g., underground storage tanks, polychlorinated biphenyls, other contamination, etc.) is discovered during excavation or demolition activities; Traffic control during site improvements; Noise, work hours, and other relevant City regulations; Mitigation of soil vapors (if required); Procedures for proper disposal of contaminated materials (if required); and Monitoring, reporting, and regulatory oversight arrangements. Monitoring: SCCDEH or other appropriate oversight agency, and City of Palo Alto Department of Planning and Community Environment Planning and Community Environment and SCCDEH, or other appropriate oversight agency activities MM HAZ-1.3: A site-specific Health and Safety Plan (HSP) shall be prepared as part of the SMP prior to issuance of grading permits for project construction to address potential health and safety hazards associated with implementation of the SCCDEH approved work plan and the proposed redevelopment activities (e.g., site preparation, demolition, grading and construction). The HSP shall govern activities of all personnel present during field activities. Any contractor performing a task not covered in the HSP shall be required to develop a job hazard analysis specific to that task prior to performing the task. Implementation: Project applicant and contractors Monitoring: SCCDEH or other appropriate oversight agency Submittal of the HSP to the Director of Planning and Community Environment and SCCDEH, or other appropriate oversight agency Prior to issuance of grading permits 24 MM HAZ-2.1: Soil Vapor Controls. The potential risks to human health from soil vapors from contaminated groundwater shall be reduced either by remediation of contaminated soils (e.g., excavation and off-site disposal) under MM HAZ-1.2 and/or implementation of institutional and engineering controls to ensure that any potential added health risks are reduced to acceptable levels. Institutional and engineering controls employed on the site may include passive and active ventilation systems, vapor barriers, and/or adoption of deed restrictions. Guidelines and measures for health and safety during construction activities, soil management, groundwater management, addressing vapor intrusion issues, and construction activities (unanticipated subsurface conditions) shall be addressed as part of a Soil and Groundwater Management Plan under MM HAZ-1.2 and reviewed and approved by SCCDEH or other appropriate oversight agency. Final approval received from the oversight agency stating that the entire site is suitable for hotel land uses with implementation shall be issued and copied to the Department of Planning and Community Environment, prior to issuance of permits for project construction. In the event institutional or engineering controls are required for soil vapors, a No Further Action letter (or equivalent assurance) from the oversight agency documenting completion of remediation activities and/or engineering controls shall be provided to the Director of Planning and Community Environment prior to issuance of occupancy permits. Implementation: Project applicant and contractors Monitoring: SCCDEH or other appropriate oversight agency, and City of Palo Alto Department of Planning and Community Environment Submittal of the SMP to the Director of Planning and Community Environment and SCCDEH, or other appropriate oversight agency Issuance of final approval for hotel uses or No Further Action letter (or equivalent) by SCCDEH, or other appropriate oversight agency submitted to the Director of Planning and Community Environment Prior to issuance of permits for project construction Final approval for hotel uses shall be submitted prior to issuance of building permits No Further Action letter (or equivalent) shall be submitted prior to issuance of occupancy permits MM HAZ-2.2: Groundwater Handling and Disposal During Construction. Groundwater handling during construction shall be conducted in accordance with an approved Soil and Groundwater Management Plan as outlined in MM HAZ-1.2. A dewatering system shall be implemented during construction of the project. Prior to discharge to the public stormwater collection system, contaminants (including petroleum hydrocarbons and MtBE) shall be removed from dewatered groundwater. The system shall include a granulated activated carbon unit, or equivalent treatment device. A discharge plan shall be prepared and permits shall be secured from the appropriate regulatory agencies, including the Regional Water Quality Control Board and the City of Implementation: Project applicant and contractors Monitoring: San Francisco Bay Regional Water Quality Control Board, City of Palo Alto Department of Planning and Community Environment Review of discharge plan and issuance of permits for dewatering by the San Francisco Bay Regional Water Quality Control Board, and City of Palo Alto Department of Planning and Community Environment Removal of contaminants shall occur during dewatering and prior to discharge Permits shall be obtained prior to the start of dewatering 25 Palo Alto. Noise MM NOI-1.1: The project applicant shall implement a noise logistics plan which would include, but not be limited to, the following measures to reduce construction noise levels as low as practical: Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists. Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment. Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses. Locate staging areas and construction material areas as far away as possible from adjacent land uses. Prohibit all unnecessary idling of internal combustion engines. The contractor will prepare a detailed construction plan identifying a schedule of major noise generating construction activities. This plan shall identify a noise control disturbance coordinator and procedure for coordination with the adjacent noise sensitive facilities so that construction activities can be scheduled to minimize noise disturbance. This plan shall be made publicly available for interested community members and a public notice will be sent to neighbors within 300 feet within two weeks of the start of any on-site grading or demolition activities. The disturbance coordinator will be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the case of the noise complaint (e.g. starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator at the construction site will be posted and included in the notice sent to neighbors regarding the construction schedule. Implementation: Project applicant and contractors Monitoring: City of Palo Alto Department of Planning and Community Environment Submittal of noise logistics plan to the Director of Planning and Community Environment Plan submittal shall occur prior to the start of construction activities Implementatio n of measures shall occur during demolition and construction ACTION NO. 2017-____ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 744-750 SAN ANTONIO ROAD: ARCHITECTURAL REVIEW (15PLN-00314) On ____________, 2017, the Council of the City of Palo Alto approved the Architectural Review application and Parking Adjustment (20%) for construction of two five-story hotel buildings with a total of 294 guestrooms located on a 1.91-acre site at 744-750 San Antonio Road in the Commercial Service (CS) Zone District, making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. Rashik Patel of M10 Dev., LLC, property owner, has requested the City’s approval to allow construction of a hotel project, and other site improvements. (“The Project”). B. The project site includes two parcels (APNs 147-05-088 & 147-05-089) of 1.91 acres in size. The site is developed, containing buildings and utilities. The site is designated on the Comprehensive Plan land use map as Commercial Service and is located within the Commercial Service (CS) zoning district. The project proposes to construct a new dual brand hotel project with a total of 294 hotel rooms at the subject address. The hotel includes the construction of two, five-story tall buildings built atop a two-level subterranean garage containing 294 parking spaces. Some of the parking spaces do not meet city requirements and the applicant seeks a parking adjustment (20%) and use of a valet program to address this discrepancy. The project includes the demolition of three buildings, one of which is be eligible for listing on the California Register of Historical Resources. The loss of this potential resource cannot be mitigated and required the preparation of a draft environmental impact report (DEIR). C. The Architectural Review Board (Board) reviewed the Project and recommended certification of the environmental impact report and approval on June 1, 2017, based on findings and conditions of approval provided below. SECTION 2. Parking Adjustment Granted. The Project includes a request for a twenty percent (20%) parking adjustment in accordance with PAMC Section 18.52.050. The Council finds that this request will not create an undue impact on existing or potential uses adjoining the site or in the general vicinity, and will be commensurate with the reduced parking demand created by the development, including for visitors and accessory facilities. Specifically, the applicant is required to have a Transportation Demand Management (TDM) plan reviewed and approved by the Director of Planning and Community Development to reduce vehicle trips and, therefore, parking demand onsite. The TDM will include performance standards, enforcement provisions and penalties for not meeting TDM goals. The Project also includes valet operations for additional parking spaces that are provided onsite, but that do not meet specific parking standards; the valet parking spaces achieve the total amount of parking spaces required by the development. Moreover, a condition has been added that prohibits vehicles from queuing on San Antonio Road or obstruction to the free movement of pedestrians, cyclists, or motor vehicles. SECTION 3. Environmental Review. The City as lead agency for the Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15081, Decision to Prepare an EIR. An Historic Resource Evaluation was completed for the project because of the age of a certain existing building on-site and it was determined that the building is eligible for listing on the California Register of Historical Resources. The loss of the potential resource through demolition cannot be mitigated and required the preparation of a EIR. Statements of Overriding Considerations are proposed. All other potential significant impacts can be mitigated to a level of less than significant with the implementation of mitigation measures. A Final EIR was prepared for the project that includes responses to comments made during the public draft circulation period (ending on May 10, 2017) and revisions to the draft EIR. SECTION 4. Architectural Review Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with Finding #1 because: The proposed project complies with the zoning code, or is seeking modification to standards, or conditioned for approval to comply with applicable zoning regulations and project related findings. The project is not located within a coordinated area plan and not subject to any relevant design guidelines. There are several comprehensive plan policies that relate to this project which are summarized below: Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Service Commercial. The project continues the Service Commercial land uses. Land Use and Community Design Element Goal L-1: A well-designed, compact city, providing residents and visitors with attractive neighborhoods, work places, shopping district, public facilities and open spaces. The project provides a compact high-intensity hospitality development on a site. The zoning code allows up to a 2.0:1 Floor Area Ratio for hotels, which is more than the typical commercial development allowance. The buildings provide Policy L-4: Maintain Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. Use the Zoning Ordinance as a tool to enhance Palo Alto’s desirable qualities. step-backs from the street to minimize mass. The project includes some surface area parking; however, most the parking is placed underground, which frees up some space above ground for on- site amenities. The proposed hotel project is consistent with the Comprehensive Plan designation and zoning for the site and would add diversity to the San Antonio Road/Bayshore Corridor, per Policy L-46. Per Policies L-5 and L-48, the project includes step backs as a part of the design to reduce visual scale of the building when viewed from public vantage points. Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due their size and scale. Policy L-46: Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. Transportation Element Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling. Goal T-3 is met because the project will implement Transportation Demand Management measures reducing vehicle use. These measures include promoting on-site or nearby car-share programs, bicycle storage for employees and guests, provide pre-loaded transit fare cards for guests, provide a free hotel shuttle to and from the San Jose Airport, and subsidized transit passes for employees. Policy T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-site parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details. The project consolidates existing driveway curb cuts to reduce potential conflicts with cyclists and pedestrians. The on-site pedestrian areas include different color and texture pavement areas to enhance safety. The project also includes extensive landscaping and outdoor furniture. Natural Environment Element Goal N-4: Water Resources that are Prudently Managed to Sustain Plant and Animal Life, Support Urban Activities, and Protect Public Health and Safety. The project is required to comply with the NPDES Stormwater Permit and includes bio-retention areas for stormwater management. Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. The proposed hotel project is consistent with the Comprehensive Plan designation and zoning for the site and would add diversity to the San Antonio Road/Bayshore Corridor, per Policy L-46. Additionally, the project will be required to meet the requirements of PAMC Section 18.16.090 and Section 18.23 as part of the Architectural Review and Planning Department review, as discussed in Policy L-4, L-5, and L-48. Per Policies L-5 and L-48, the project includes step backs as a part of the design to reduce visual scale of the building when viewed from public vantage points. Although, it could be argued that this does not go far enough. The project is consistent with the City’s Zoning Code development standards except for the request to reduce the amount of required parking by 20%. The project includes Transportation Demand Management measures that reduce vehicle miles traveled and the project also includes a valet parking program. Both aim to make parking efficient as possible and is consistent with the hotel use. The requisite number of parking spaces would be provided on site, though some of those spaces will be accessible through a valet service. Finding #2: The project has a unified and coherent design, that: a) creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b) preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c) is consistent with the context-based design criteria of the applicable zone district, d) provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e) enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: The area is comprised of various commercial buildings of differing heights and size. Generally, the buildings range between one and three stories. The project proposes to construct a building that is taller than the immediate surrounding, although a block away, there are buildings of similar mass and height. One of the existing on-site buildings is eligible for listing on the California Historic Register because of its age and quality of architecture in keeping with the mid-century modern style. The project seeks to demolish this structure and in doing so in accordance with the California Environmental Quality Act (CEQA). Documentation of the resource will be conducted in accordance with CEQA. Internally, the project is consistent in design, in that it provides high quality materials and finishes and the color palette is muted and appropriate for the area. The structure is one of the taller buildings in the area, which has not seen a significant amount of redevelopment. While surrounding properties have a maximum floor area ratio of .4, hotels are permitted to have a floor area ratio of 2.0. This difference in permitted floor areas necessarily creates a challenge when designing a project to be consistent with the neighborhood character and achieve context design solutions. However, this project addresses these challenges with building articulation and upper level setbacks as well as landscaping where visible from San Antonio Road. The project provided a shadow study and demonstrated that no public open space areas would be shaded by the project. Other adjacent areas would experience some shading; however, those are in landscaping or parking areas. The project is consistent with the context-based design criteria for the applicable zone district: (1) Pedestrian and Bicycle Environment. The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements. This finding can be made in the affirmative in that the project provides bike racks near the front of the buildings as well bike lockers in the garage to support the bicycle environment. The project has a single driveway on San Antonio Road, thus reducing conflicts with pedestrians and cyclists. Color and texture pavement is used internally to help with slowing vehicles down and enhancing safety for pedestrians. (2) Street Building Facades. Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements. This finding can be made in the affirmative in that project maintains the streetscape by maintaining the 24-foot special setback, provides bicycle parking at the front and provides step-backs for the buildings along San Antonio Road to reduce its mass. (3) Massing and Setbacks. Buildings shall be designed to minimize massing and conform to proper setbacks. This finding can be made in the affirmative in that the proposed project complies with the CS zoning development standards. In addition, massing is reduced in the front because the project steps back the upper floors and the sides of the buildings includes some variation in the facades. (4) Low-Density Residential Transitions. Where new projects are built abutting existing lower scale residential development, care shall be taken to respect the scale and privacy of neighboring properties. This finding is not applicable to the project since there is no low-density residential development abutting the site. (5) Project Open Space. Private and public open space shall be provided so that it is usable for residents, visitors, and/or employees of the site. This finding can be made in the affirmative in that the project provides on-site amenities areas and outdoor plaza areas for patrons. (6) Parking Design. Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment. This finding can be made in the affirmative in that the project provides some surface parking and most the parking below grade. Adequate areas are included for on-site circulation for those with disabilities, services including solid waste pick-up, emergency equipment and the project provides adequate areas for loading. The site includes one driveway from San Antonio Road to serve the site. (7) Large (Multi-Acre) Sites. Large sites (over one acre) shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood. Much of the immediately adjacent structures are lower profile in design. A residential development across the street reaches two to three stories in height, with significant setbacks from San Antonio. In addition, there is a large development nearby at the corner of San Antonio Road and East Charleston Road, which is similar in height and massing. In addition, the project conforms to the development standards for the area, which is in transition. (8) Sustainability and Green Building Design. Project design and materials to achieve sustainability and green building design should be incorporated into the project. This finding can be made in the affirmative in that the project is subject to the California Green Building Code (CalGreen, Tier 2). These measures include some of the following: • Building orientation to optimization to provide daylight to hotel interiors • High performance, low-emissivity glazing • A cool, solar-ready roof, and roof insulation beyond building code minimums • Use of energy-efficient LED lighting • Low-flow plumbing and shower fixtures • Harvesting of collected rainwater for irrigation • Dual-plumbing systems for future use of greywater in toilets and other areas (in anticipation of future availability of greywater in the project vicinity) Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The project proposes a contemporary style that is compatible with recent development within the vicinity, however, not particularly with the existing development adjacent to the project site. The project does use materials such as wood laminate, stucco plaster surfaces, and metal paneling. As conditioned, the stucco surfaces will be a smooth finish texture. The proposed colors are muted and are compatible with surrounding color schemes. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The design of the new buildings will provide connectivity throughout the property and will result in fewer driveway cuts, which will reduce the amount of potential conflicts with pedestrians and cyclists. The project provides most of its parking below grade with a single ramp down. The project provides different colors and textures for the pedestrian areas and this alerts those in vehicles to slow down in the presence of pedestrians. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: The project will provide a variety of drought-tolerant planting. The plantings were selected from a California native palette. The selected varieties of trees would provide appropriate habitat for wildlife as a part of a bigger neighborhood and community wide system. Additional landscaping is provided on the terraces of the buildings along the front elevation. Additional density of trees is located along the San Antonio Road frontage providing a larger buffer. Not all of the plant selections reflect regionally indigenous drought resistant plant material, but this can be achieved. A condition has been added to the project to require Architectural Review Board subcommittee review of the plant varieties to ensure compliance with this finding. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: In accordance with the City’s Green Building Regulations, the building will satisfy the requirements for CALGreen Mandatory + Tier 2. Several green building measures are included in the design and construction including: • Building orientation to optimization to provide daylight to hotel interiors • High performance, low-emissivity glazing • A cool, solar-ready roof, and roof insulation beyond building code minimums • Use of energy-efficient LED lighting • Low-flow plumbing and shower fixtures • Harvesting of collected rainwater for irrigation • Dual-plumbing systems for future use of greywater in toilets and other areas (in anticipation of future availability of greywater in the project vicinity) SECTION 5. Architectural Review Granted. Architectural Review Approval is granted by the City Council under Palo Alto Municipal Code Section 18.77.070 for application 15PLN-00314, subject to the conditions of approval in Section 5 of the Record. SECTION 6. Conditions of Approval. PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Courtyard by Marriott & AC by Marriott,” stamped as received by the City on May 19, 2017 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. The ARB approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 6. IMPACT FEES: All Development Impact Fees (currently estimated in the amount of $4,173,945.20 plus the applicable public art fee, per PAMC 16.61.040) shall be paid prior to the issuance of the related building permit. 7. TERRACES: The applicant shall return to the Architectural Review Board subcommittee for approval of terraces landscaping. Any additional screening structures on the terraces shall return to the Architectural Review Board. 8. AMENITY AREA. The hotel’s amenity uses (such as eating facilities or fitness, etc.) are only for employees, hotel guests and their visitors. No signs shall be allowed on the exterior of the building that advertises the amenity uses. 9. QUEUEING ON SAN ANTONIO ROAD. Vehicle queueing on San Antonio Road is prohibited at all times. Applicant shall ensure on-site vehicle circulation and pick up or drop off operations do not block or impede the free movement of pedestrians, bicyclists or vehicular travel on the sidewalk or roadway on San Antonio Road. For any violation of this condition, the Director of Planning and Community Environment may impose additional conditions related to drop-off or pick-up restrictions, valet operations, Transportation Demand Management plan, site improvements, or other operational changes to ensure compliance with this condition. 10. SIGNS: Exterior signs shall return to the Architectural Review Board under a separate Architectural Review application. 11. ARCHITECTURAL PLANS: The parking note on Sheet A-2.0 titled 'Parking at 0.8' shall be deleted from the ARB recommended plan set. 12. LOADING/UNLOADING: All loading or unloading of deliveries for the hotels shall take place at the rear of the property within the loading parking spaces. MITIGATION MEASURES 13. MM AQ-1.1: Construction equipment shall be selected to minimize emissions. Such equipment selection would include the following requirements: • All diesel-powered off-road equipment larger than 50 horsepower and operated on the site for more than two days continuously shall, at a minimum, meet United States Environmental Protection Agency particulate matter emissions standards for Tier 2 engines or equivalent, and/or • Use of alternative powered equipment (e.g., Liquefied Petroleum Gas [LPG- powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures listed above; and • The construction contractor could use other measures to minimize construction period diesel particulate matter Diesel Particulate Matter emissions to reduce the predicted cancer risk below the thresholds. Such measures may include the use of alternative powered equipment (e.g., LPG-powered lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the City and demonstrated to reduce community risk impacts to a less than significant level. • Measures to be used shall be approved by the City of Palo Alto Department of Planning & Community Environment prior to issuance of demolition permits, and demonstrated to reduce community risk impacts to less than significant. 14. MM BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible to avoid the nesting season (February 1 to August 31). If it is not feasible to schedule construction between September 1 and January 31, preconstruction nesting bird surveys shall be completed prior to tree removal or construction activities in order to avoid impacts to nesting birds. Surveys shall be completed by a qualified biologist no more than 14 days before demolition or construction activities begin. During this survey, the biologist or ornithologist shall inspect all trees and other nesting habitats in and immediately adjacent to the construction areas for nests. 15. MM BIO-1.2: If an active nest is found in an area that will be disturbed by construction, the ornithologist shall designate an adequate buffer zone to be established around the nest, in consultation with the California Department of Fish & Wildlife. The buffer will ensure that nests shall not be disturbed during project construction. The no-disturbance buffer shall remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes again during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present. 16. MM BIO-1.3: The applicant shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning, and Community Environment, prior to the issuance of a Grading Permit or Demolition Permit. 17. MM CUL-1.1: Historic American Buildings Survey (HABS) documentation of the exterior of 744 San Antonio Road and the structure’s setting shall be prepared by the project applicant prior to the demolition of the structure. Following the HABS guidelines, this documentation shall include full measured drawings, large-format photography, and an historical overview of the structure. The documentation shall be filed by the applicant with City of Palo Alto Historic Preservation Officer, prior to the start of demolition. 18. MM CUL-1.2: Prior to demolition, the project proponent shall make the building available for relocation or salvage by qualified salvage companies facilitating the reuse of historic building materials. The structures shall be advertised for relocation or salvage by placing an advertisement in a newspaper of general circulation, posting on a website, and on-site posting for at least 30 days. 19. MM CUL-2.1: In the event any significant cultural materials (including fossils) are encountered during construction grading or excavation, all construction within a radius of 50 feet of the find would be halted, the Director of Planning and Community Environment shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation and analysis of any significant cultural materials. A report of findings documenting any data recovered during monitoring shall be submitted to the Director of Planning and Community Environment. 20. MM CUL-2.2: Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. If the Director of Planning and Community Environment finds that the archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. 21. MM HAZ-1.1: Due to the presence of localized total petroleum hydrocarbons, lead, and possibly residual organochlorine pesticides impacted soil at the project site, the project shall conduct additional focused sampling and analysis under the oversight of the Santa Clara County Department of Environmental Health (SCCDEH), or other appropriate oversight agency, in accordance with a Work Plan prepared by a qualified professional and approved by the oversight agency. The Work Plan shall be approved prior to building demolition and site clearing or excavation and include appropriate risk-based screening levels for comparison of the sampling results. At minimum, soils in the upper 18 inches of soil will be analyzed to quantify petroleum, hydrocarbons, volatile organic compounds, and organochlorine pesticides as part of post- demolition soil sampling following site clearing. Based upon the results of the analysis under the Work Plan and an Remedial Excavation Report, offsite disposal of excavated soil shall occur consistent with sample protocols (as required by the receiving disposal site) and in conformance with current regulatory practices. The excavated soils shall be placed at a regulated landfill appropriate to the soils analysis results. Confirmation sampling shall be conducted at the bottom of the initial excavation depths to verify that contaminated soils have been removed. A letter (or equivalent assurance) from the oversight agency documenting completion of the Work Plan for on-site testing to the satisfaction of the oversight agency shall be provided to the Department of Planning & Community Environment prior to the issuance of building permits. 22. MM HAZ-1.2: A Soil and Groundwater Management Plan (SMP) shall be developed to establish management practices for handling contaminated soil, groundwater or other materials encountered during construction activities. The SMP shall identify potential health, safety, and environmental exposure considerations associated with redevelopment activities and shall identify appropriate mitigation measures. The SMP shall be submitted to the City and oversight agency for approval prior to commencing construction activities. The SMP shall include the following: • Proper mitigation as needed for demolition of existing structures; • Management of stockpiles, including sampling, disposal, and dust and runoff control including implementation of a stormwater pollution prevention program; • Management of underground structures encountered, including utilities and/or underground storage tanks; • Procedures to follow if evidence of an unknown historic release of hazardous materials (e.g., underground storage tanks, polychlorinated biphenyls, other contamination, etc.) is discovered during excavation or demolition activities; • Traffic control during site improvements; • Noise, work hours, and other relevant City regulations; • Mitigation of soil vapors (if required); • Procedures for proper disposal of contaminated materials (if required); and • Monitoring, reporting, and regulatory oversight arrangements. 23. MM HAZ-1.3 A site-specific Health and Safety Plan (HSP) shall be prepared as part of the SMP prior to issuance of grading permits for project construction to address potential health and safety hazards associated with implementation of the SCCDEH approved work plan and the proposed redevelopment activities (e.g., site preparation, demolition, grading and construction). The HSP shall govern activities of all personnel present during field activities. Any contractor performing a task not covered in the HSP shall be required to develop a job hazard analysis specific to that task prior to performing the task. 24. MM HAZ-2.1: Soil Vapor Controls. The potential risks to human health from soil vapors from contaminated groundwater shall be reduced either by remediation of contaminated soils (e.g., excavation and off-site disposal) under MM HAZ-1.2 and/or implementation of institutional and engineering controls to ensure that any potential added health risks are reduced to acceptable levels. Institutional and engineering controls employed on the site may include passive and active ventilation systems, vapor barriers, and/or adoption of deed restrictions. Guidelines and measures for health and safety during construction activities, soil management, groundwater management, addressing vapor intrusion issues, and construction activities (unanticipated subsurface conditions) shall be addressed as part of a Soil and Groundwater Management Plan under MM HAZ-1.2 and reviewed and approved by SCCDEH or other appropriate oversight agency. Final approval received from the oversight agency stating that the entire site is suitable for hotel land uses with implementation shall be issued and copied to the Department of Planning & Community Environment, prior to issuance of permits for project construction. In the event institutional or engineering controls are required for soil vapors, A No Further Action letter (or equivalent assurance) from the oversight agency documenting completion of remediation activities and/or engineering controls shall be provided to the Director of Planning & Community Environment prior to issuance of occupancy permits. 25. MM HAZ-2.2: Groundwater Handling and Disposal During Construction. Groundwater handling during construction shall be conducted in accordance with an approved Soil and Groundwater Management Plan as outlined in MM HAZ-1.2. A dewatering system shall be implemented during construction of the project. Prior to discharge to the public stormwater collection system, contaminants (including petroleum hydrocarbons and MtBE) shall be removed from dewatered groundwater. The system shall include a granulated activated carbon unit, or equivalent treatment device. A discharge plan shall be prepared and permits shall be secured from the appropriate regulatory agencies, including the Regional Water Quality Control Board and the City of Palo Alto. 26. MM NOI-1.1: The project applicant shall implement a noise logistics plan which would include, but not be limited to, the following measures to reduce construction noise levels as low as practical: • Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists. • Equip all internal combustion engine driven equipment with mufflers, which are in good condition and appropriate for the equipment. • Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses. • Locate staging areas and construction material areas as far away as possible from adjacent land uses. • Prohibit all unnecessary idling of internal combustion engines. • The contractor will prepare a detailed construction plan identifying a schedule of major noise generating construction activities. This plan shall identify a noise control disturbance coordinator and procedure for coordination with the adjacent noise sensitive facilities so that construction activities can be scheduled to minimize noise disturbance. This plan shall be made publicly available for interested community members and a public notice will be sent to neighbors within 300 feet within two weeks of the start of any on-site grading or demolition activities. • The disturbance coordinator will be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the case of the noise complaint (e.g. starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator at the construction site will be posted and included in the notice sent to neighbors regarding the construction schedule. PUBLIC WORKS ENGINEERING PRIOR TO BUILDING PERMIT AND GRADING AND EXCAVATION PERMIT SUBMITTAL 27. CERTIFICATE OF COMPLIANCE: Since the project site is located within two parcels 145-05-089 and 145-05-088 a certificate of compliance for a lot merger is required. Applicant shall apply for a certificate of compliance and provide the necessary documents. As shown on the attached link: http://www.cityofpaloalto.org/civicax/filebank/documents/2273 Certificate of Compliance shall be recorded prior to issuance of a building or grading and excavation permit. 28. MAPPING: If the applicant intends to sell portions of the project then a Minor or Major Subdivision Application will be required. Public Works’ Tentative Maps and Preliminary Parcel Maps checklist must accompany the completed application. All existing and proposed dedications and easements must be shown on the submitted map. The map process can also merge the two existing lots and therefore eliminating the certificate of compliance process. The map would trigger further requirements from Public Works, see Palo Alto Municipal Code section 21.12 for Preliminary Parcel Map requirements and section 21.16 for Parcel Map requirements. The applicant shall be aware that they may not be able to do a condo conversion after the structure is built. 29. GEOTECHNICAL REPORT: Shall clearly identify the highest projected groundwater level to be encountered in the area of the proposed basement in the future will be ______ feet below existing grade. Provide the following note on the Rough Grading and Final Grading Plans. “In my professional judgement, the highest projected groundwater level to be encountered in the area of the proposed basement in the future will be ______ feet below existing grade. As a result, the proposed drainage system for the basement retaining wall will not encounter and pump groundwater during the life of this wall.” 30. GRADING PERMIT: An Excavation and Grading Permit is required for grading activities on private property that fill, excavate, store or dispose of 100 cubic yards or more based on PAMC Section 16.28.060. Applicant shall prepare and submit an excavation and grading permit to Public Works separately from the building permit set. The permit application and instructions are available at the Development Center and on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 31. ROUGH GRADING: provide a Rough Grading Plan for the work associated with the Grading and Excavation Permit application. The Rough Grading Plans shall including the following: pad elevation, basement elevation, elevator pit elevation, ground monitoring wells, shoring for the proposed basement, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for the basement access, crane locations (if any), etc. Plans submitted for the Grading and Excavation Permit, shall be stand-alone, and therefore the plans shall include any conditions from other divisions that pertain to items encountered during rough grading for example if contaminated groundwater is encountered and dewatering is expected, provide notes on the plans based Water Quality’s conditions of approval. Provide a note on the plans to direct the contractor to the approve City of Palo Alto Truck Route Map, which is available on the City’s website. 32. BASEMENT SHORING: Provide shoring plans for excavation. If shoring soldier piles are required they shall be located completely within the private property, clearly including tiebacks (if any). Tieback shall not extend onto adjacent private property or into the City’s right-of -way without having first obtained written permission from the private property owners and/or an encroachment permit from Public Works. The shoring plans shall clearly show the property line and the dimension between the outside edge of the soldier piles and the property line for City records. 33. DEWATERING: DEWATERING: Proposed underground garage excavation may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April 1 through October 31 due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level; if the proposed project will encounter groundwater, the applicant must provide all required dewatering submittals for Public Works review and approval prior to grading permit issuance. Public Works has dewatering submittal requirements and guidelines available at the Development Center and on our website: http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 34. Public Works reviews and approves dewatering plans as part of a Street Work Permit. The applicant can include a dewatering plan in the building permit plan set in order to obtain approval of the plan during the building permit review, but the contractor will still be required to obtain a street work permit prior to dewatering. Alternatively, the applicant must include the above dewatering requirements in a note on the site plan. The street work permit to dewater must be obtained in August to allow ample to time to dewater and complete the dewatering by October 31st. Public Works has a sample dewatering plan sheet and dewatering guidelines available at the Development Center and on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp The following links are included to assist the applicant with dewatering requirements. http://www.cityofpaloalto.org/civicax/filebank/documents/30978 http://www.cityofpaloalto.org/civicax/filebank/documents/51366 http://www.cityofpaloalto.org/civicax/filebank/documents/47388. 35. WATER FILLING STATION: Applicant shall install a water station for the non-potable reuse of the dewatering water. This water station shall be constructed within private property, next to the right-of -way, (typically, behind the sidewalk). The station shall be accessible 24 hours a day for the filling of water carrying vehicles (i.e. street sweepers, etc.). The water station may also be used for onsite dust control. Before a discharge permit can be issued, the water supply station shall be installed, ready for operational and inspected by Public Works. The groundwater will also need to be tested for contaminants and chemical properties for the non-potable use. The discharge permit cannot be issued until the test results are received. Additional information regarding the station will be made available on the City’s website under Public Works. 36. GROUNDWATER USE PLAN: A Groundwater Use Plan (GWUP) shall be submitted for review for any project which requires dewatering. The GWUP, a narrative that shall be included in or accompany the Dewatering Plan, must demonstrate the highest beneficial use practicable of the pumped groundwater. The GWUP shall also state that all onsite, non-potable water needs such as dust control shall be met by using the pumped groundwater. Delays in submitting the GWUP can result in delays in the issuance of your discharge permit as Public Works requires sufficient review time which shall be expected by the applicant. 37. STAIRWELLS AND LIGHTWELLS: Due to high groundwater throughout much of the City and Public Works prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for this site. A drainage system is, however, required for all exterior basement-level spaces, such as lightwells, patios or stairwells. This system consists of a sump, a sump pump, a backflow preventer, and a closed pipe from the pump to a dissipation device onsite at least 10 feet from the property line, such as a bubbler box in a landscaped area, so that water can percolate into the soil and/or sheet flow across the site. The device must not allow stagnant water that could become mosquito habitat. Additionally, the plans must show that exterior basement-level spaces are at least 7-3/4” below any adjacent windowsills or doorsills to minimize the potential for flooding the basement. Public Works recommends a waterproofing consultant be retained to design and inspect the vapor barrier and waterproofing systems for the basement. 38. NOTICE OF INTENT: If the proposed development disturbs more than one acre of land, the applicant will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and post construction Best Management Practices (BMP) for storm water quality protection. The applicant is required to submit two copies of the NOI and the draft SWPPP to Public Works Engineering for review and approval prior to issuance of the building permit. 39. TREE PROTECTION MEASURES: Install tree protection measures and place the following note adjacent to an affected tree on the Site Plan and Demolition Plan: “Excavation activities associated with the proposed scope of work shall occur no closer than 10-feet from the existing street tree, or as approved by the Urban Forestry Division contact 650-496-5953. Any changes shall be approved by the same”. 40. LOGISTICS PLAN: The applicant and contractor shall submit a construction logistics plan to the Public Works Department that addresses all impacts to the public road right-of -way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, on-site staging and storage areas, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact. The plan shall be prepared and submitted along the Rough Grading and Excavation Permit. It shall include notes as indicated on the approved Truck Route Map for construction traffic to and from the site. If the project site is proposing to have access through the neighboring property located within Mountain View, provide a letter from the neighbor property owner that allows the access through the site along with the agreed upon schedule. The plan may need to be modified through the course of the construction to address unanticipated issues. 41. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal Code Chapter 16.11). These regulations apply to land development projects that create or replace 10,000 square feet or more of impervious surface. In order to address the potential permanent impacts of the project on storm water quality, the applicant shall incorporate into the project a set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to the approval of the Public Works Department. The applicant shall identify, size, design and incorporate permanent storm water pollution prevention measures (preferably landscape-based treatment controls such as bioswales, filter strips, and permeable pavement rather than mechanical devices that require long-term maintenance) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. Effective February 10, 2011, regulated projects, must contract with a qualified third-party reviewer during the building permit review process to certify that the proposed permanent storm water pollution prevention measures comply with the requirements of Palo Alto Municipal Code Chapter 16.11. The certification form, 2 copies of approved storm water treatment plan, and a description of Maintenance Task and Schedule must be received by the City from the third-party reviewer prior to approval of the building permit by the Public Works department. Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, third-party reviewer shall also submit to the City a certification for approval that the project’s permanent measures were constructed and installed in accordance to the approved permit drawings. PRIOR TO DEMOLITION BUILDING PERMIT ISSUANCE 42. PERIMETER DRAIN: Perimeter drainage systems at the exterior of the basement walls or under the slab are not allowed for sites on the bay side of Foothill Expressway. The foundation shall be designed to not require a perimeter drain. 43. GRADING AND DRAINAGE PLAN: Provide additional grading and drainage details on the plans: include the volume of earthwork (import or export), location of stockpile material and in conformance with PAMC 16.28 Grading, Erosion and Sediment Control. Plan shall also include the drainage system required for all exterior basement-level spaces such as lightwell, patios or stairwells. This system consists of a sump, sump pump, a backflow preventer, and a closed pipe from the pump to a dissipation device onsite at least 10-feet from back of sidewalk and 3 feet from side and rear property lines, such as a bubbler box in the landscaped area. Note: Applicant shall clearly indicate if they will apply for Grading and Excavation Permit prior to issuance of a Building Permit. 44. STORM WATER HYDRAULICS AND HYDROLOGY: Plans provided do not show if the existing site drainage has a direct discharge into the existing storm drain line within the site. Provide an analysis that compares the existing and proposed runoff calculations from the site for the 10- year storm event, 6 hour duration. The proposed project shall not increase runoff to the public storm drain system. 45. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. 46. SIDEWALK, CURB & GUTTER: As part of this project, the applicant shall replace the existing sidewalk, curb, gutter and driveway approaches in the public right-of -way along the project frontages. The site plan submitted with the building permit plan set must show the extent of the replacement work. 47. Any existing driveway to be abandoned may need to be replaced with rolled curb & gutter. This work must be included within a Permit for Construction in the Public Street from the Public Works Department. A note of this requirement shall be placed on the plans adjacent to the area on the Site Plan. 48. PAVEMENT: This section of San Antonio Road was resurfaced in 2011, and is under a moratorium. Add the following note to the Site Plan: “Applicant and contractor may be responsible for resurfacing portions of San Antonio Road after project is completed.” In addition the plans submitted shall show that pavement resurfacing will be required along the entire project frontage, possibly across the median due to utility Connections. The limits of pavement resurfacing will be determined at a later date in the field, after the project is completed. 49. WORK IN THE RIGHT-OF-WAY: The plan must note that any work in the right-of -way, including utility lateral replacement, must be done per Public Works’ standards by a licensed contractor who must first obtain a Street Work Permit from Public Works at the Development Center. In addition the following note shall be shown on the plans adjacent to the area on the Site Plan: “Any construction within the city right-of -way must have an approved Permit for Construction in the Public Street prior to commencement of this work. THE PERFORMANCE OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN ON THE BUILDING PERMIT FOR INFORMATION ONLY. 50. Provide the following note on the Grading and Drainage Plan and/or Site Plan: “Contractor shall contact Public Works Engineering (PWE) Inspectors to inspect and approve the storm drain system (pipes, area drains, inlets, bubblers, dry wells, etc.) associated with the project prior to backfill. Contractor shall schedule an inspection, at a minimum 48-hours in advance by calling (650)496-6929”. 51. Logistics Plan may need to be revised to reflect the project construction phasing. PRIOR TO BUILDING PERMIT FINAL 52. STORMWATER MAINTENANCE AGREEMENT: The applicant shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to the first building occupancy sign-off. The City will inspect the treatment measures yearly and charge an inspection fee. There is currently a $381 (FY 2015) C.3 plan check fee that will be collected upon submittal for a grading or building permit. GREEN BUILDING 53. CALGreen Checklist: If the project is a new nonresidential construction project greater than 1,000 square feet, then the must comply with California Green Building Standards Code Mandatory plus Tier 2 requirements, as applicable to the scope of work. PAMC 16.14.080 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. The submittal requirements are outlined here: http://www.cityofpaloalto.org/gov/depts/ds/green_building/compliance.asp. 54. Commissioning: If the project is a new building over 10,000 square feet, then the project must meet the commissioning requirements outlined in the California Building Code section 5.410.2 for Planning Approval. The project team shall re-submit the Owner’s Project Requirements (OPR) in accordance with section 5.410.2.1 with an updated Basis of Design (BOD) in accordance with 5.410.2.2 that reflects the design elements finalized between Planning Approval and Permit Submittal. The project shall also submit a Commissioning Plan in accordance with 5.410.2.3. 55. Energy Benchmarking: If the project is a nonresidential projects exceeding $100,000 valuation, then the project must 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. PAMC 16.14.380 (Ord. 5393 § 1 (part), 2016). The Energy Star Project Profile shall be submitted to the Building Department prior to permit issuance. Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. 56. Recycled Water Infrastructure: If the project is greater than 100,000 square feet and is not within the boundaries of a recycled water project area, then the project must install dual plumbing for use of recycled water for toilet and urinal flushing. PAMC 16.14.300 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. 57. Recycled Water Infrastructure: If the project is proposing 100 or more toilets and is not within the boundaries of a recycled water project area, then the project must install dual plumbing for use of recycled water for toilet and urinal flushing. PAMC 16.14.300 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. 58. Recycled Water Infrastructure for Landscape: If the project is outside the boundaries of the recycled water project area and is greater than 1,000 square feet, then the project must install recycled water infrastructure for irrigation systems. PAMC 16.14.230 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. 59. Recycled Water Infrastructure for Landscape: If the project is either a new construction or a rehabilitated landscape and is greater than 1,000 square feet, then the project must install a dedicated irrigation meter related to the recycled water infrastructure. PAMC 16.14.230 (Ord. 5393 § 1 (part), 2016). The project applicant shall indicate the requirements on the Permit Plans. 60. Model Water Efficient Landscape Ordinance: If the new non-residential development project has an aggregate (combined) landscape area equal to or greater than 500 square feet, the project is subject to the Model Water Efficient Landscape Ordinance (MWELO). See MWELO Submittal Guidelines. 61. Construction & Demolition: If the project is a nonresidential new construction or renovation project and has a value exceeding $25,000, then the project must meet the Enhanced Construction Waste Reduction Tier 2. PAMC 16.14.240 (Ord. 5393 § 1 (part), 2016). The project shall use the Green Halo System to document the requirements. 62. Construction & Demolition: If the project includes non-residential demolition, then the project must meet the Enhanced Construction Waste Reduction- Tier 2 Mandatory for all nonresidential construction include new construction, additions, and alteration, as long as the construction has a valuation exceeding $25,000. PAMC 16.14.370 (Ord. 5393 § 1 (part), 2016). The project shall use the Green Halo System to document the requirements. https://www.greenhalosystems.com 63. Electric Vehicle Supply Equipment: If the project is a new hotel structure, then the project must comply with the City of Palo Alto Electric Vehicle Charging Ordinance 5324. The project 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. The requirements shall be applied separately to accessible parking spaces. See ordinance 5263 for EVSE definitions, minimum circuit capacity, and design detail requirements. PAMC 16.14.430 (Ord. 5393 § 1 (part), 2016). See http://www.cityofpaloalto.org/civicax/filebank/documents/54976 for additional details. 64. Energy Benchmarking: If the project is a nonresidential projects exceeding $100,000 valuation, then the project must 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. PAMC 16.14.250 (Ord. 5393 § 1 (part), 2016). Submittal info can be found at: https://www.cityofpaloalto.org/gov/depts/utl/business/benchmarking_your_building.asp. TRANSPORTATION 65. PARKING FACILITY DESIGN: An aisle and several parking stalls on parking level P2 do not meet the city’s parking facility design standards. Specifically, the drive aisle below the ramp from the ground level dead-ends without providing a turn-around area, and one parallel parking stall is less than 20-feet between structural columns/vertical obstructions. These design issues shall be resolved prior to building permit issuance. 66. VALET PARKING PLAN: Prior to building permit issuance, the applicant shall submit and receive approval of a valet parking plan. At minimum, the plan shall include a written operations plan and scaled site plan demonstrating adequate space is available to store the required number of vehicles and maintain efficient access. The written plan should include operating hours and estimated number of staff required to efficiently operate the service to prevent queuing into the public right of way. The scaled site plan shall show the quantity and location of all valet parking spaces. Assuming vehicles are parked parallel, the minimum dimensions of a valet parking stall within a drive aisle are 8-feet by 20-feet. No more than 20% of the required off-street parking may be provided with a valet program. The Director of Planning and Community Development may require modifications to the valet plan and operation as necessary to improve efficiency and impacts to the general welfare. 67. TRANSPORTATION DEMAND MANAGEMENT (TDM): The owner or designee shall submit a TDM plan to the City’s Transportation for review and approval. The plan shall include the following as initially committed by the owner: a. Hotel TDM Infrastructure: Free on-site bicycle program (hotel bikes for employee and guest use). On-site/nearby car-share program (Zipcar/WeCar). On-site amenities and vending services. Ground floor facades, entrances, and pathways that will encourage pedestrian and bicycle movement. Transportation kiosk and/or mount a real-time transportation information screen in lobby. Passenger loading zone. Bicycle parking/storage for employees and guests. Add transit resources to the hotel’s website (e.g., free Palo Alto and Marguerite shuttles, the Bike Station, Caltrain, VTA, etc.) b. Guest TDM Programs: Pre-loaded Clipper Cards available for purchase for guests’ transit travel. Train reservation staff to provide transit connection information for VTA and Caltrain and transfer to Airport via Millbrae BART Station. Include hotel confirmation email with information about reaching the hotel without a vehicle. Place a “Getting Around Palo Alto” map/brochure in each guest room. Free hotel-operated shuttle to the San Jose Airport. Hotel-operated shuttle to the North Bayshore area. c. Employee TDM Programs: 100% subsidized transit passes (Caltrain and VTA). Cash incentive/allowance for carpooling, biking and walking to work. Ridematching assistance. Free, preferential carpool/vanpool parking. Commuter bike program (provide commuter bikes for employees). Secure bike storage, showers and clothes lockers. Commuter rewards – fuel cards, movie tickets, gift card. Emergency ride-home program. Hotel-funded annual car-share membership. New employee orientation training by a designated commute coordinator. Annual employee TDM survey. Free employee overnight accommodation (subject to room availability) for employees who are scheduled to work a late evening shift (ending at 11:00 p.m. or later) and a morning shift the following day. d. Guest & Employee (Dual) TDM Programs: Free hotel-operated San Antonio Caltrain Station shuttle. The shuttle will open to neighborhood for free. Hotel membership in Palo Alto Transportation Management Association (TMA). Access to on-site exercise facilities. Annual contribution to the Palo Alto Shuttle Program to extend route of the Crosstown shuttle to the project site. 68. TDM Pre-Occupancy Site Visit/Inspection: Prior to issuance of the first certificate of occupancy, the owner or designee shall call for an inspection by the Planning Division designee to verify that all physical measures (bicycle parking, signage, etc.) have been included as planned. 69. TDM On-Going Monitoring and Reporting Statement. The owner or designee shall once the building is occupied submit an On-Going Monitoring and Reporting Statement to the Transportation Division for review compliance with the approved TDM plan. Enforcement steps will be taken, if needed, to attain compliance status. 70. TDM Plan Update. The owner or designee may during operation of the site request changes to the approved TDM plan. The Transportation Division shall review the request to ensure commensurate measures are included or maintained. UTILITIES: WASTE-GAS-WATER PRIOR TO ISSUANCE OF DEMOLITION PERMIT 71. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING PERMIT 72. The applicant shall submit a completed water-gas-wastewater service connection application -load sheet per parcel/lot for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing loads to remain). 73. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes, electric and communication duct banks. Existing duct banks need to be daylighted by potholing to the bottom of the ductbank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water and gas. 74. The site plan (A1.1) only includes gas utility (gas meters) only. The gas main on Grant Ave. is only a 2” PE main (total gas demands is required to calculate connections capacity). 6. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 75. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. 76. For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department four copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture's literature on the materials to be used for approval by the utilities engineering section. The applicant's contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater engineering section. After the work is complete but prior to sign off, the applicant shall provide record drawings (as-builts) of the contractor installed water and wastewater mains and services per City of Palo Alto Utilities record drawing procedures. For contractor installed services the contractor shall install 3M marker balls at each water or wastewater service tap to the main and at the City clean out for wastewater laterals. 77. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. 78. An approved reduced pressure detector assembly is required for the existing or new water connection for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (a double detector assembly may be allowed for existing fire sprinkler systems upon the CPAU’s approval). Reduced pressure detector assemblies shall be installed on the owner's property adjacent to the property line, within 5’ of the property line. Show the location of the reduced pressure detector assembly on the plans. 79. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 80. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 81. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 82. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water service, gas service and sewer lateral connection shown on the plans. 83. A new water service line installation for domestic usage is required. For service connections of 4-inch through 8-inch sizes, the applicant's contractor must provide and install a concrete vault with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. Show the location of the new water service and meter on the plans. 84. A new water service line installation for fire system usage may require. Show the location of the new water service on the plans. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements. 85. A new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform to utilities standard details. 86. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the plans 19. The applicant shall secure a public utilities easement for facilities installed in private property. 87. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement across the adjacent parcels as is necessary to serve the development. 88. Where public mains are installed in private streets/PUEs for condominium and town home projects the CC&Rs and final map shall include the statement: “Public Utility Easements: If the City’s reasonable use of the Public Utility Easements, which are shown as P.U.E on the Map, results in any damage to the Common Area, then it shall be the responsibility of the Association, and not of the City, to Restore the affected portion(s) of the Common Area. This Section may not be amended without the prior written consent of the City”. 89. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 90. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas or wastewater mains/services or meters. New water, gas or wastewater services/meters may not be installed within 10’ or existing trees. Maintain 10’ between new trees and new water, gas and wastewater services/mains/meters. 91. To install new gas service by directional boring, the applicant is required to have a sewer cleanout at the front of the building. This cleanout is required so the sewer lateral can be videoed for verification of no damage after the gas service is installed by directional boring. 92. All utility installations shall be in accordance with the City of Palo Alto current utility standards for water, gas & wastewater. 93. Due to high demands outside City’s control, a three to six-month wait time for some water and gas meters are expected. The applicant is strongly encouraged to provide the application load sheet demands as early in the design process as possible to the WGW utilities engineering department. Once payment is made, anticipate service installations completed within said time frame (3 – 6 months). PUBLIC WORKS: URBAN FORESTRY PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 94. BUILDING PERMIT SUBMITTAL- PROJECT ARBORIST CERTIFICATION LETTER. Prior to submittal for staff review, attach a Project Arborist Certification Letter that he/she has; (a) reviewed the entire building permit plan set submittal and, (b)* verified all his/her updated TPR mitigation measures and changes are incorporated in the plan set, (c) affirm that ongoing Contractor/Project Arborist site monitoring inspections and reporting have been arranged with the contractor or owner (see Sheet T-1) and, (d) understands that design revisions (site or plan changes) within a TPZ will be routed to Project Arborist/Contractor for review prior to approval from City. The Building Permit submittal set shall be accompanied by the project site arborist’s certification letter that the plans have incorporated said design changes and are consistent with City Tree Technical Manual Standards, Regulations and information: a. Provide a project arborist’s Updated Tree Protection Report (TPR) with building permit level mitigation measures, (e.g., resolve grading proximity issues with Public trees; exact TPZ scaled in feet). Provide plan revision directions to minimize root cutting conflicts that are obvious in the civil, basement, sidewalk improvement sheets. See TPR below. b. Palo Alto Tree Technical Manual Construction Standards, Section 2.00 and PAMC 8.10.080. 95. PLAN SET REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on relevant plan sheets: c. SHEET T-1, BUILDING PERMIT. The building permit plan set will include the City’s full-sized, Sheet T-1 (Tree Protection-it's Part of the Plan!), available on the Development Center website at http://www.cityofpaloalto.org/civicax/filebank/documents/31783. The Applicant shall complete and sign the Tree Disclosure Statement and recognize the Project Arborist Tree Activity Inspection Schedule. Monthly reporting to Urban Forestry/Contractor is mandatory. (Insp. #1: applies to all projects; with tree preservation report: Insp. #1-7 applies) d. The Tree Preservation Report (TPR). All sheets of the Applicant’s construction level TPR approved by the City for full implementation by Contractor, (list the Project Arborist here, _enter date here, 20__) shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. e. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. 96. SITE PLAN REQUIREMENTS: In addition to showing TPZ fencing, add the following Notes on the specified Plan Sheets. f. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated on Sheet T-1, in the Tree Protection Report and the approved plans”. g. Note #2. All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall add a note applying to the trees to be protected, including neighboring trees stating: "Regulated Tree--before working in this area contact the Project Site Arborist at 650-321-0202"; h. Note #3. Utility (sanitary sewer/gas/water/backflow/electric/storm drain) plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree. Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” i. Note #4. “Basement or foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over-excavating into the tree root zone. Any variance from this procedure requires Urban Forestry approval, please call (650) 496-5953.” j. Note #5. “Pruning Restrictions. No pruning or clearance cutting of branches is permitted on City trees. Contractor shall obtain a Public Tree Permit from Urban Forestry (650-496-5953) for any work on Public Trees” 97. TREE REMOVAL—PROTECTED & RIGHT-OF-WAY TREES. Existing trees (Publicly-owned or Protected) to be removed as shown accurately located on all site plans, require approval by the Urban Forestry Tree Care Permit prior to issuance of any building, demolition or grading permit. Must also be referenced in the required Street Work Permit from Public Works Engineering. k. Add plan note for each tree to be removed, “Tree Removal. Contractor shall obtain a completed Urban Forestry Tree Care Permit # _____________ (contractor to complete) separate from the Building or Street Work Permit. Permit notice hanger and conditions apply. Contact (650-496-5953).” l. Copy the approval. The completed Tree Care Permit shall be printed on Sheet T-2, or specific approval communication from staff clearly copied directly on the relevant plan sheet. The same Form is used for public or private Protected tree removal requests available from the Urban Forestry webpage: http://www.cityofpaloalto.org/gov/depts/pwd/trees/default.asp 98. NEW RIGHT-OF-WAY TREES--PLAN REQUIREMENTS. New trees shall be shown on all relevant plans: site, utility, irrigation, landscape, etc. in a location 10’ clear radius from any (new or existing) underground utility or curb cut (see Note #4 above). a. Add note on the Planting Plan that states, “Tree Planting. Prior to in-ground installation, Urban Forestry inspection/approval required for tree stock, planting conditions and irrigation adequacy. Contact (650-496-5953).” b. Landscape Plans shall state the Urban Forestry approved species, size and include relevant Standard Planting Dwg. #603, #603a or #604 (reference which), and shall note the tree pit dug at least twice the diameter of the root ball. c. Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. d. Add note on the Planting & Irrigation Plan that states, “Irrigation and tree planting in the right-of-way requires a street work permit per CPA Public Works standards.” e. Automatic irrigation shall be provided for each tree. Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers mounted inside an aeration tube are prohibited. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. 99. NEW TREES—SOIL VOLUME. Unless otherwise approved, four new right-of-way trees each new tree shall be provided with 800 cubic feet of rootable soil area, utilizing Standard Dwg. #604/513. Rootable soil shall mean compaction less than 90% over the area, not including sidewalk base areas except when mitigated. Sidewalk or asphalt base underlayment [in lieu of compacted base rock] shall use an Alternative Base Material method such as structural grid (Silva Cell). Design and manufacturer details shall be added to relevant civil and landscape sheets. Each parking lot tree in small islands and all public trees shall be provided adequate rootable soil commensurate to mature tree size. Note: this expectation requires coordination with the engineer, arborist and landscape architect. m. Minimum soil volume for tree size growth performance (in cubic feet): Large: 1,200 cu.ft. Medium: 800 cu.ft. Small: 400 cu.ft. n. Landscape Plan. When qualifying for parking area shade ordinance compliance (PAMC 18.40.130) trees shall be labeled (as S, M or L). o. Engineered Soil Mix (ESM). When approved, Engineered Soil Mix base material shall be utilized in specified areas, such as a sidewalk base or channeling to a landscape area, to achieve expected shade tree rooting potential and maximum service life of the sidewalk, curb, parking surfaces and compacted areas. Plans and Civil Drawings shall use CPA Public Works Engineering ESM Specifications, Section 30 and Standard Dwg. #603a. Designated areas will be identified by cross-hatch or other symbol, and specify a minimum of 24" depth. The technology may be counted toward any credits awarded for LEED or Sustainable Sites certification ratings. LANDSCAPE PLANS 100. Include all changes recommended from civil engineer, architect and staff, including planting specifications if called for by the project arborist. 101. Provide a detailed landscape and irrigation plan encompassing on-and off-site plantable areas out to the curb as approved by the Architectural Review Board. A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for the project. A licensed landscape architect and qualified irrigation consultant will prepare these plans, to include: i. All existing trees identified both to be retained and removed including street trees. ii. Complete plant list indicating tree and plant species, quantity, size, and locations. iii. Irrigation schedule and plan. iv. Fence locations. v. Lighting plan with photometric data. vi. Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged). vii. All new trees planted within the public right-of-way shall be installed per Public Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall have a tree pit dug at least twice the diameter of the root ball. viii. Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. ix. Automatic irrigation shall be provided to all trees. For trees, Standard Dwg. #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an aeration tube. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards. Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. p. Add Planting notes to include the following mandatory criteria: i. Prior to any planting, all plantable areas shall be tilled to 12” depth, and all construction rubble and stones over 1” or larger shall be removed from the site. ii. A turf-free zone around trees 36” diameter (18” radius) required for best tree performance. q. Add note: “Mandatory Landscape Architect (LA) Inspections and Verification to the City. The LA shall verify the performance measurements are achieved with a letter of verification to City Planning staff, in addition to owner’s representative for the following: i. All the above landscape plan and tree requirements are in the Building Permit set of plans. ii. Percolation & drainage checks have been performed and are acceptable. iii. Fine grading inspection of all plantable areas has been personally inspected for tilling depth, rubble removal, soil test amendments are mixed and irrigation trenching will not cut through any tree roots. iv. Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots and previously topped trees are subject to rejection. DURING CONSTRUCTION 102. TREE PROTECTION VERIFICATION. Prior to any site work a written verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section (derek.sproat@cityofpaloalto.org). The fencing shall contain required warning sign and remain in place until final inspection of the project. 103. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 104. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, (name of certified arborist of record and phone #), or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 105. CONDITIONS. All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. 106. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 107. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 108. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY 109. URBAN FORESTRY DIGITAL FILE & INSPECTION. The applicant or architect shall provide a digital file of the landscape plan, including new off-site trees in the publicly owned right-of- way. A USB Flash Drive, with CAD or other files that show species, size and exact scaled location of each tree on public property, shall be delivered to Urban Forestry at a tree and landscape inspection scheduled by Urban Forestry (650-496-5953). 110. LANDSCAPE CERTIFICATION LETTER. The Planning Department shall be in receipt of a verification letter that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 111. PROJECT ARBORIST CERTIFICATION LETTER. Prior to written request for temporary or final occupancy, the contractor shall provide to the Planning Department and property owner a final inspection letter by the Project Arborist. The inspection shall evaluate the success or needs of Regulated tree protection, including new landscape trees, as indicated on the approved plans. The written acceptance of successful tree preservation shall include a photograph record and/or recommendations for the health, welfare, mitigation remedies for injuries (if any). The final report may be used to navigate any outstanding issues, concerns or security guarantee return process, when applicable. 112. PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. POST CONSTRUCTION 113. MAINTENANCE. All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices‐Pruning (ANSI A300‐2008 or current version) and the City Tree Technical Manual, Section 5.00. Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. SECTION 7. Term of Approval. Architectural Review Approval. In the event actual construction of the project is not commenced within one year of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.77.090. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: 1. Those plans prepared by T2 Development entitled “ARB Major Submittal: Courtyard by Marriott & AC by Marriott”, consisting of 54 pages, dated May 19, 2017, and received on May 19, 2017. ATTACHMENT D ZONING COMPARISON TABLE 744-748 San Antonio Road, 15PLN-00314 Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) Non-residential Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth None 1.91 acres (83,440.93 sf) 1.91 acres (83,440.93 sf) Minimum Front Yard 10-12 feet to create an 8-10 foot effective sidewalk width(1), (2), (8) 744 San Antonio: 24 ft 748 San Antonio: 4 ft 24 Feet Rear Yard None 744 San Antonio: 70 ft 748 San Antonio: 84 ft 10 feet Interior Side Yard (if abutting residential zone district None (not abutting residential) 20 feet 10 feet Street Side Yard None Not Applicable Not Applicable Build-to-lines 50% of frontage built to setback on El Camino Real 33% of side street built to setback (7) 141 feet (50%) No Street side yard 186 feet (77%) Special Setback 24 feet – see Chapter 20.08 & zoning maps 744 San Antonio: 24 ft 748 San Antonio: 4 ft 24 feet Max. Site Coverage None 36% (30,200 sf) 39.63% (33,075 sf) Max. Building Height 50 feet While not applicable for this project, height is limited to 35 feet within 150 feet of a residential district (other than an RM-40 or PC zone) abutting or located within 50 feet of the site 35 feet 49’-4” Max. Floor Area Ratio (FAR) Hotel: 2.0:1(166,882 sf) 37.84% (31,575 sf) 1.99:1 (166,020 sf) (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage 18.16.080 Performance Standards. All development in the CS district shall comply with the performance criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development 18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Hotels* Type Required Existing Proposed Vehicle Parking 1 space per guestroom 75 spaces 294 spaces, includes 58 valet spaces Bicycle Parking 1 space per 10 guestrooms (100% LT) 30 spaces Loading Space 2 loading spaces for 30,000 - 69,999 sf 2 spaces * On-site employee amenity space is exempted from the parking requirements ATTACHMENT E Performance Criteria 18.23 744 San Antonio Road 15PLN-00314 These performance criteria are intended to provide additional standards to be used in the design and evaluation of developments in the multi-family, commercial, and industrial zones. The purpose is to balance the needs of the uses within these zones with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria are intended to make new developments and major architectural review projects compatible with nearby residential and business areas, and to enhance the desirability of the proposed developments for the site residents and users, and for abutting neighbors and businesses. Assure that development provides adequate and accessible interior areas or exterior enclosures for the storage of trash and recyclable materials in appropriate containers, and that trash disposal and recycling areas are located as far from abutting residences as is reasonably possible. The trash enclosures are in the rear of the property, opposite from the residential areas across San Antonio Road. Noise associated with the servicing of the solid waste facilities would be shielded by the new buildings. To minimize the visual impacts of lighting on abutting or nearby residential sites and from adjacent roadways. The proposed exterior lighting is sufficient to provide safe circulation and is directed downward to reduce glare and impacts to the neighboring residents. Outside lighting on the proposed building would be limited, focused at the ground floor level, and comparable in brightness to the ambient lighting in the surrounding area. Landscape or architectural accent lighting that is aimed upward, would contain glare control, louvers or be shielded from direct vertical uplight, consistent with this PAMC Section. The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up. The hotel includes ancillary uses that are associated with guest services and not open to the public. Any loading would occur in the rear of the property opposite the residents across from San Antonio Road. 18.23.020 Trash Disposal and Recycling Project Consistency 18.23.030 Lighting 18.23.040 Late Night Uses and Activities Privacy of abutting residential properties or properties with existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate. The project provides the required setback and includes vegetation and tree plantings within the setback and open spaces. Mechanical equipment areas are screened appropriately. 18.23.050 Visual, Screening and Landscaping The requirements and guidelines regarding noise and vibration impacts are intended to protect residentially zoned properties or properties with existing residential uses located within nonresidential zones (residential properties) from excessive and unnecessary noises and/or vibrations from any sources in abutting industrial or commercially zoned properties. Design of new projects should reduce noise from parking, loading, and refuse storage areas and from heating, ventilation, air conditioning apparatus, and other machinery on nearby residential properties. New equipment, whether mounted on the exterior of the building or located interior to a building, which requires only a building permit, shall also be subject to these requirements. The project will comply with the City’s noise ordinance. The trash enclosures are in the rear of the property. The visual impact of parking shall be minimized on adjacent residentially zoned properties or properties with existing residential uses located within nonresidential zones. The project provides most of its parking below grade. The parking that is located at-grade is shielded by the new buildings and not visible from San Antonio Road. The guidelines regarding site access impacts are intended to minimize conflicts between residential vehicular, pedestrian, and bicycle uses and more intensive traffic associated with commercial and industrial districts, and to facilitate pedestrian and bicycle connections through and adjacent to the project site. The site circulation facilitates access for all modes of transportation. The project includes short-term and long-term bike parking. On-site vehicular parking is valet and most of the parking is below ground. Pedestrian areas include colored and textured pavement that would enhance safety. The requirements for air quality are intended to buffer residential uses from potential sources of odor and/or toxic air contaminants. No proposed uses on the project site would produce odor or toxic air. In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on-site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code. This is not applicable to the proposed uses associated with the project. 18.23.060 Noise and Vibration Project Consistency 18.23.070 Parking 18.23.080 Vehicular, Pedestrian and Bicycle Site Access 18.23.090 Air Quality 18.23.100 Hazardous Materials November 11, 2016 Mr. Mont Williamson T/2 Hospitality 620 Newport Center Drive, 14th Floor Newport Beach CA 92660 Re:Parking Study for Hotels Dear Mr. Williamson: This letter describes research that Hexagon has conducted regarding the number of parking spaces required for hotels in Santa Clara County.Hexagon conducted counts of the parking demand at one hotel in 2014 and two hotels in 2015 (see Table 1). The 2014 count was conducted at the Aloft Hotel located at 10165 North De Anza Boulevard in Cupertino. The Aloft Hotel in Cupertino includes meeting space, a snack bar, a lounge and bar, and free underground parking. The two hotels counted in 2015 include the Hilton Garden Inn (located at 840 East El Camino Real, Mountain View) and the Courtyard by Marriott (located at 660 West El Camino Real, Sunnyvale). Each hotel is located on a major arterial and has a mix of meeting/conference space, a restaurant and bar/lounge area, and free parking. The restaurant and bar/lounge space is owned and operated by the hotel and primarily serves customers who are hotel guests. Survey Results Table 2 shows that the overall peak parking demand was observed at midnight, after the hotel restaurant had closed. The peak parking ratios for the hotels on weekdays were observed to range from 0.61 to 0.74 with an average of 0.68 occupied parking spaces per occupied room.The peak parking ratios observed on Saturdays ranged from 0.56 to 0.80 with an average of 0.70 occupied spaces per occupied room. Mr. Mont Williamson November 11, 2016 Page 2 of 4 Table 1 Hotel Size and Features Rooms Employees (maximum per shift) Restaurant Size 3,842 s.f.9,715 s.f. Meeting/Conference Space 2,112 s.f.550 s.f. 1,100 s.f. Parking Spaces Provided Parking Spaces/Room TDM Measures a The Aloft Hotel in Cupertino does not include a full-service restaurant. On-site dining options available at the hotel include a snack bar and bar/lounge space. 123 38 19 n/a 162 127 n/a n/a a b Unknown if this site has implemented additional TDM measures. Guest shuttle service b Hilton Garden Inn Mt. View Courtyard Marriott Sunnyvale None Bike parking, showers, lockers, changing rooms, transit subsidies for employees, guaranteed ride home program Aloft Hotel Cupertino 160 145 1.01 0.88 n/a Mr. Mont Williamson November 11, 2016 Page 3 of 4 Table 2 Observed Hotel Parking Usage Survey Date Thurs. 4/30/15 Sat. 5/2/15 Thurs. 4/30/15 Sat. 5/2/15 Wed. 6/11/14 Sat. 6/14/14 Time Total Total Total Total Total Total 6:00 PM 69 64 26 55 31 36 6:30 PM 66 69 22 53 30 34 7:00 PM 62 65 20 50 35 33 7:30 PM 60 67 23 57 31 39 8:00 PM 75 72 21 58 33 40 8:30 PM 76 74 24 57 32 42 9:00 PM 87 77 26 61 42 43 9:30 PM 102 82 34 72 56 47 10:00 PM 109 91 44 78 68 49 10:30 PM 112 117 48 80 71 57 11:00 PM 113 117 52 92 73 61 11:30 PM 114 122 53 100 74 64 12:00 AM 115 125 55 107 76 67 Total Rooms 160 160 145 145 123 123 Occupied Rooms 155 156 82 144 123 121 Restaurant Size 3,842 s.f.9,715 s.f. Total Parking Spaces 162 162 127 127 Peak Parking Demand (spaces)115 125 55 107 76 67 Hotel Only 0.74 0.80 0.67 0.74 0.61 0.56 Hilton Garden Inn Mt. View Courtyard Marriott Sunnyvale Aloft Hotel Cupertino a b The site does not include a full-service restaurant. On-site dining options available at the hotel include a snack bar and bar/lounge space. a The survey at this site ended at 10 PM. Parking occupancy after this hour was projected based on the time-of- day variation in parking demand observed at the other hotels. Parking Ratio (occupied parking spaces/occupied rooms for hotel at 12:00 AM midnight; restaurant is closed) n/a b Mr. Mont Williamson November 11, 2016 Page 4 of 4 Thank you for the opportunity to provide the results of these parking counts. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. Gary K. Black President Randolph B. Popp A R C H I T E C T 2 1 0 H i g h S t r e e t P a l o A l t o , C A 9 4 3 0 1 6 5 0 . 4 2 7 . 0 0 2 6 i n f o @ r p -a r c h . c o m P a g e | 1 of 1 17 January 2017 Mr. Sheldon Ah Sing City of Palo Alto Planning Division 250 Hamilton Ave. Palo Alto, CA 94301 Re: 744-750 San Antonio Road Application 15PLN-00314 Valet Parking Program Mr. Ah Sing: Regarding your request for clarification of the Valet Parking Program: The Hotel Operator will implement and maintain an on-site valet program which will render the property 100% valet parked. The program will consist of 24-hour coverage by hotel staff and will be consistent across both hotels. This parking approach is included as one of the amenities for the property, intended to increase the overall guest experience and serve as an indication of service level. In practice, the guest would be greeted by the valet team right after departure from San Antonio, and entry to our site. The circular drive with entrances to the hotels will serve as the transition and staging area. Guests may call for their car from their room prior to departure so the valet team can have it delivered to the lobby entry for efficient departure. The total number of spaces provided is defined on the Drawing A-2.0. This quantity and arrangement is substantiated in the “Parking Study for Palo Alto Hotels” document provided by Hexagon Transportation Consultants, Inc, dated November 11, 2016. Based on our experience and the documentation we have submitted, we are confident the parking program we have defined, including the efficiency produced by a valet team, will yield a comfortable and manageable parking situation for the project. Thank you, Randy B. Popp, Architect Architectural Review Board Staff Report (ID # 7846) Report Type: Action Items Meeting Date: 4/6/2017 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 744 San Antonio: Marriot Hotel Project Title: PUBLIC HEARING / QUASI-JUDICIAL. 744-748 San Antonio Avenue [15PLN-00314]: Recommendation on Applicant’s Request for Approval of a Major Architectural Review to Allow the Demolition of Two Existing Commercial/Office Buildings at 744 and 748 San Antonio Avenue and Construction of Two, Five-Story Hotels (Courtyard by Marriott with 151 rooms and AC by Marriott with 143 rooms). The Site Will Include Surface and Two Levels of Basement Parking. Environmental Assessment: A Draft Environmental Impact Report (DEIR) has Been Prepared Pursuant to the California Environmental Quality Act (CEQA). The Public Comment Period for the DEIR is From March 27, 2017 to May 10, 2017. Zoning District: CS. For More Information, Contact Sheldon Ah Sing at sahsing@m- group.us From: Hillary Gitelman Recommendation Staff recommends the Architectural Review Board (ARB) take the following action(s): 1. Review and comment on the draft environmental impact report and continue the project to a date uncertain for redesign. Report Summary The applicant requests Architectural Review approval to construct a new dual brand hotel project with a total of 294 hotel rooms at the subject address. The hotel includes the construction of two, five-story tall buildings built atop a two-level subterranean garage containing 294 parking spaces. Several of the parking spaces do not meet city requirements and the applicant is seeking a parking reduction and use of a valet program to address this discrepancy. City of Palo Alto Planning & Community Environment Department Page 2 The project includes the demolition of three buildings, one of which is be eligible for listing on the California Register of Historical Resources. The loss of this potential resource cannot be mitigated and required the preparation of a draft environmental impact report (DEIR), which was released to the public for review and comment in late March. The proposed project complies with the objective development standards for the subject property’s zoning district (with the noted exception of parking). The project is also subject to architectural review findings, context-based design criteria and performance standards, which are more subjectively analyzed. When the ARB last considered this project, it identified a variety of concerns related to the overall mass of the buildings and its relationship to the neighborhood context. The Board identified opportunities to modify the design to better address these concerns. However, the revised plans show only subtle changes from the plans previously reviewed by the ARB. As many of the previously stated concerns have not been adequately addressed, staff recommends the Board continue the project and provide specific direction to the applicant in order to meet required findings. Background Project Information Owner: T2 Development, 620 Newport Center Dr., 14th floor, Newport Beach CA Architect: Gene Fong Associates Representative: Randy Popp Legal Counsel: Not Applicable Property Information Address: 744-750 San Antonio Road Neighborhood: Charleston Gardens Lot Dimensions & Area: 284’-4” along San Antonio, Rear: 345’-5” and north side is 250’-2” and south side is 287’-1” Housing Inventory Site: Yes Located w/in a Plume: Yes Protected/Heritage Trees: None. However, there are six street trees adjacent to the site, which would be retained. Historic Resource(s): Yes, 744 San Antonio is eligible for listing on the California Register Existing Improvement(s): 744 San Antonio: 20,775 square foot, two-story building built in 1961 748 San Antonio: 10,800 square foot, one story building built in 1952 Existing Land Use(s): 744 San Antonio: Office building City of Palo Alto Planning & Community Environment Department Page 3 748 San Antonio: Automobile repair/window center Adjacent Land Uses & Zoning: North: CS (Educational supply store—BACH Company) West: PC-2711 & CN (Multi-family residential and nursery) East: Industrial (City of Mountain View) South: CS (Commercial—Crossroads Foods) Aerial View of Property: Source:DigitaGlobe, US Geological Survey, USDA Farm Service Agency, Google Land Use Designation & Applicable Plans Zoning Designation: CS (Service Commercial) Comp. Plan Designation: CS (Service Commercial) Context-Based Design Criteria: Yes Downtown Urban Design Guide: Not Applicable South of Forest Avenue Coordinated Area Plan: Not Applicable Baylands Master Plan: Not Applicable El Camino Real Design Guidelines (1976 / 2002): Not Applicable City of Palo Alto Planning & Community Environment Department Page 4 Proximity to Residential Uses or Districts (150'): Yes Located w/in the Airport Influence Area: Not Applicable Prior City Reviews & Action City Council: None PTC: None HRB: None ARB: Preliminary: June 4, 2015 Item Packet: https://www.cityofpaloalto.org/civicax/filebank/documents/47600 Formal #1: December 17, 2015 Item Packet: https://www.cityofpaloalto.org/civicax/filebank/documents/50284 Meeting Video: http://midpenmedia.org/architectural-review-board- 35/ Scoping Meeting: March 3, 2016 Item Packet: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?Blo bID=51265, Meeting Video: http://midpenmedia.org/architectural- review-board-39/ Meeting Minutes: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobI D=51509 Project Description The project proposes the construction of two five-story hotels with shared amenity spaces and parking on a podium structure. The proposed hotels would include a 143-room Courtyard by Marriott hotel and a 151-room AC by Marriott hotel, for a total of 294 new hotel rooms. Both buildings are five-stories and nearly 50 feet in height. The onsite improvements include a single driveway from San Antonio Road that leads to a roundabout serving both lobbies of the hotels. A driveway continues to the rear of the property where 16 surface parking spaces are available. Most the parking (278 spaces) is available via a ramp that leads to a two-level underground parking garage. The remaining parking spaces are accessed via a valet service, which requires approval of a parking reduction, and is further discussed later in this report. New landscaping, driveways, utilities, and other facilities would be constructed as part of the project. Three commercial buildings would be demolished as part of the project, including a structure at 744 San Antonio Road, which was constructed in 1961 and is be eligible for listing on the California Register of Historical Resources (California Register) due to its architectural significance and embodiment of the distinctive characteristics of mid-century modern City of Palo Alto Planning & Community Environment Department Page 5 architecture. Other existing improvements on the site (e.g. parking lots, on-site trees, landscaping) would also be removed prior to construction of the proposed hotel buildings. View from San Antonio Road Courtyard Hotel City of Palo Alto Planning & Community Environment Department Page 6 AC Hotel Requested Entitlements, Findings and Purview: The following discretionary applications are being requested: Architectural Review – Major (AR): The process for evaluating this type of application is set forth in Palo Alto Municipal Code (PAMC) Section 18.77.070. AR applications are reviewed by the ARB and recommendations are typically forwarded to the Planning & Community Environment Director for action within five business days of the Board’s recommendation. Action by the Director is appealable to the City Council if filed within 14 days of the decision. However, since this project includes an Environmental Impact Report (EIR) and requires adoption of a statement of overriding considerations, the ARB will make a recommendation to the City Council for final consideration of the project. AR projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one finding requires project redesign or denial. The findings to approve an AR application are provided in Attachment B. Parking Adjustment: The process for evaluating this request is set forth in PAMC 18.52.050, which allows for up to a 20% reduction where effective alternatives to automobile access are provided. Ultimately, the City Council will consider this request to determine if the reduction should be granted. Responses to Previous ARB Comments Preliminary Meeting During the preliminary meeting on June 4, 2015, the Board members acknowledged that the project was the first one in the area to have more Floor Area Ratio (FAR) because the PAMC allows a higher FAR for hotels. However, concerns remained regarding the massing of the project compared to the surrounding neighborhood context. In addition, the Board had some concern about the buildings being too similar in design. Formal Meeting #1 City of Palo Alto Planning & Community Environment Department Page 7 The project presented a revised project that stepped the upper floors back from San Antonio Road, which resulted in the reduction of six rooms. The applicant represented that the first three floors would be at the same height as the multi-family residential development across San Antonio Road. The fourth floor is setback approximately 12 feet and then the fifth floor is set back an additional 12 feet. The project also pushed the mechanical equipment to the center of the building, thus moving the taller elements away from the street. Concerns from the Board on this iteration of the project included that the project was trying to be too tall; the hotel entrances should consider a centralized space; the landscaping on the borders is light; and the project will need to meet context-based findings. The project proposed and described in this report has not changed substantially to address these Board comments. Analysis1 Neighborhood Setting and Character Project Site The 1.91-acre project site currently is developed with several one-story commercial and light industrial buildings. The structure at 744 San Antonio Road is approximately 20,775 square feet in size and is currently used as a professional office. The structure was originally constructed in 1961 as a mortuary and funeral chapel, with significant additions occurring at the rear of the structure in 1983. The structure is be eligible for listing on the California Register of Historical Resources (California Register), due to its age and embodiment of some characteristics of mid- century modern architecture. 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. The Architectural Review Board in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to make alternative findings. A change to the findings may result in a final action that is different from the staff recommended action in this report. City of Palo Alto Planning & Community Environment Department Page 8 Two warehouse-type buildings are located at 748 and 750 San Antonio Road. The structures total approximately 10,800 square feet and were built in 1952. The structures are not eligible for listing in a historic register. The structures are currently occupied by commercial and light- industrial uses, including automotive repair and general business service uses. These existing buildings, associated landscaping, and other improvements would be demolished prior to construction of the proposed hotel project. Adjacent Areas The project site is immediately surrounded by one-story structures that include service and light-industrial uses to the north. To the east, in the City of Mountain View, there are one-story office and light-industrial structures. A single-story specialty grocery store is located to the south. Taller structures are located to the west, across San Antonio Road, where there are three-story multifamily residential structures. The project vicinity is characterized by primarily low-intensity, single-story buildings and associated surface parking lots. These structures have primarily stucco facades with varying setbacks from San Antonio Road. These low-rise structures and parking lots dominate the view corridor. The most similar development in mass and height as the proposed project is at the intersection of San Antonio Road and East Charleston Road (Taube Koret Campus), about a quarter of a mile away. Residential uses in the vicinity are located approximately 150 feet west of the project site (across San Antonio Road). The three-story multi-family residential complex is separated from the site by four traffic lanes and a landscaped median planted with trees, perennial plants and groundcover. The buildings within the complex are setback from the road by approximately 75 feet. Mature landscaping and trees, a six-foot wall, and a private internal roadway separate the units from San Antonio Road. The exteriors of the residential structures are composed of tan stucco with dark brown trim elements. Zoning Compliance2 A detailed review of the proposed project’s consistency with applicable zoning standards has been performed. A summary table is provided in Attachment C. The proposed project complies with all applicable development codes, or is seeking through the requested permits permission to deviate from certain code standards, in a manner that is consistent with the Zoning Ordinance (parking reduction—described later). The project site is located within the Commercial Service (CS) zoning district, which is intended to accommodate service uses that may be inappropriate in neighborhood or pedestrian oriented shopping areas. This commercial zoning district is intended to allow retail, personal services, eating and drinking establishments, hotels and other business uses in a manner that balances the needs of those uses with the need to minimize impacts to surrounding neighborhoods. Hotels are a permitted use in this district. 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Planning & Community Environment Department Page 9 In addition to the development standards for height, setbacks, parking, and FAR, the project is also subject to the requirements of PAMC Section 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts. The goal of these criteria is to balance the needs of proposed projects with the need to minimize impacts to surrounding neighborhoods and businesses. Further, the project is subject to PAMC Section 18.16.090 Context-Based Design Criteria, the goal of which is to achieve compatibility of scale and massing for proposed projects; including linkages with the overall pattern of existing buildings to maintain street unity. The minimum parking and bicycle parking requirements for the site are contained within PAMC Section 18.52 Parking and Loading Requirements and 18.54 Facility Design Standards. Context-Based Criteria According to Section 18.16.090 of the PAMC, compatibility is achieved when apparent scale and mass of new buildings is consistent with the pattern of achieving a pedestrian oriented design, and when new construction shares general characteristics and establishes design linkages with the overall pattern of buildings, so that the visual unity of the street is maintained. The site is located on a block that includes primarily low-intensity single-story buildings, which are surrounded by surface parking lots; except for the residential multi-family neighborhood with three-story buildings across San Antonio Road to the west. Any hotel project in this neighborhood seeking to maximize the zoning code encouraged incentive of a 2.0 FAR is likely to have some challenges meeting all the expectations of the context-based design criteria where adjacent properties can only achieve a maximum 0.4 FAR. The city’s interest to have development meet the context-based design criteria needs to be balanced with other stated interests encouraging hotel development. With regard to the specific project, however, staff concludes this balance has not been achieved and encourages the Board to further review the upper level stepbacks along the front and side elevations as well as the use of landscaping. If approved, a hotel development at this location will been seen at great distances along San Antonio Boulevard and the use of meaningful building articulation and modulating the building mass combined with substantial landscaping can will help bridge the transition between adjacent and nearby lower profile buildings. Neighborhood context has been a consistent and ongoing concern regarding this project and the limited design changes from the last ARB meeting fall well short of addressing this concerns. Finally, while not actionable at this time, it is worth noting that the City Council recently directed staff to explore a program in the Comprehensive Plan update to further increase FAR for hotel development. City of Palo Alto Planning & Community Environment Department Page 10 South-side Elevation North-side Elevation Performance Criteria (PAMC 18.23) The project is located within 150 feet of a Planned Community (PC) district (developed with multi-family condominiums) and is, therefore, subject to PAMC Section 18.23 Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts. The purpose of the performance criteria is to provide standards to be used in the design and evaluation of development to balance the need of proposed projects with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria in Section 18.23 include standards for refuse disposal areas, lighting, landscaping, and site access. Consistent with the requirements of Section 18.23, the project proposes to provide covered refuse disposal areas away from residential uses, limit light-spillover to adjacent uses, plant landscaping to screen on-site uses (albeit not as much on the sides or rear property lines as the front), and provide surface parking away from the street and adjacent uses. More information is provided in Attachment D. Consistency with the Comprehensive Plan, Area Plans and Guidelines3 There are a number of Comprehensive Plan policies that relate to the proposed development. Attachment E includes a list of policies that are relevant to this project. Housing Element The Housing Element of the City’s Comprehensive Plan has identified the project site as a housing inventory site. The property addressed 744 San Antonio Road has a realistic capacity of 25 units and 748-750 San Antonio Road has with a realistic capacity of 13 units for a total of 38 potential housing units. In preparation of the last housing element, the City anticipated some housing sites may be redeveloped for non-housing purposes. Additional housing sites, beyond the city’s regional housing obligation have been identified so the loss of a housing opportunity at this property can be accommodated. Moreover, the City Council has signaled its interest in removing the potential housing sites on San Antonio from the Housing Element and focusing additional housing near more transit rich neighborhoods. 3 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp City of Palo Alto Planning & Community Environment Department Page 11 Multi-Modal Access & Parking Vehicular Access Vehicle and bicycle access to the site would occur from northbound San Antonio Road. A single driveway access would allow travel through the shared center courtyard within the project site to the proposed surface parking lot and below-grade parking garage. Previously, the ARB has mentioned that this component of the project should be evaluated and centralized elsewhere on site. The plans have not changed in response to this comment. The driveway configuration would allow only right turns into and out of the property and would loop through the center courtyard to facilitate the pick-up and drop-off guests. This central driveway would also allow access to loading areas within the center of the site and additional parking at the rear of the site. The proposed below-grade parking garage would be accessed via the single driveway leading to a ramp at the center of the project site. Pedestrian Access The existing five-foot-wide sidewalk within the public right-of-way along San Antonio Road would be maintained and walkways from the sidewalk into the site would be provided to facilitate a pedestrian connection to the main building entrances. Walkways are also provided within the interior courtyard between the buildings to access parking and hotel facilities. Bicycle Access San Antonio Road includes Class III (shared bicycle/vehicular) bikeways, which is marked on the pavement as such. Bicyclists would enter the property at the same driveway as vehicles. Parking The project would provide a total of 294 vehicle parking spaces for the proposed hotel uses. There will be 278 spaces (236 self-park spaces and 58 valet spaces) would be provided within a two-level below-grade parking garage. An additional 16 surface parking spaces would be provided within the project’s interior courtyard area and at the rear of the site. The project would provide 30 short-term bicycle parking spaces within two bicycle racks that are proposed to be located within 30 feet of the main entrance of the building. Additionally, the project would provide secure bike storage, showers and clothes lockers for employees. Consistent with the zoning code, the project provides two loading spaces at the rear of the property. The valet spaces are located within drive aisles, which is inconsistent with the PAMC parking standards and would not count as standard parking spaces meeting the required parking for the project. The applicant requests an adjustment to the required parking, which allows up to a 20% reduction, which is equivalent to 58 spaces or the amount of spaces located within the drive aisles. The applicant provided a summary of how the valet parking program would work and in addition provided information contained within a parking study that identified that the City of Palo Alto Planning & Community Environment Department Page 12 peak parking ratio for the hotel based on similar hotels in the area would be an average of 0.70 (Attachment G). Transportation Demand Management Program The project will implement a Transportation Demand Management (TDM) Program to reduce vehicle trips generated by the employees and guests. The TDM measures proposed by the project applicant are listed in Attachment H. These measures are divided into four categories: hotel TDM infrastructure, guest TDM programs, employee TDM programs, and guest & employee (dual) programs. The implementation of this program will reduce vehicle miles traveled and reduce parking demand as well. Staff continues to evaluate the TDM and may suggest further refinements to this plan. Traffic Report A traffic report was prepared by Hexagon and peer reviewed by TJKM. The report concludes that the project would generate 88 net new AM peak hour trips and 87 net new PM peak hour trips. These amounts discount the existing uses trip generation, which is common practice to give credit to on-going uses when calculating the net change in trips. This does not account for any trip reduction measures such as implementing a TDM program. The plan includes hotel operated shuttles and subsidized transit passes for employees, among many other measures. The estimated trip reductions are 20% for employee trips and 30% for guest trips. Intersection Level of Service Traffic analysis typically focuses on intersections, especially signalized intersections, because intersections act as the chokepoints in the system. Traffic conditions at the intersections along San Antonio Road were evaluated using a concept called “level of service” (LOS). Level of Service is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. Palo Alto city policy seeks to maintain intersection operations at LOS D or better, which is a moderate level of congestion. While most drivers probably would prefer traffic operations better than LOS D, that desire must be balanced with efficient use of resources for the overall transportation system. That is why Palo Alto, and most other cities in Santa Clara County and on the Peninsula, target LOS D as the limit of acceptable congestion. The project would increase the average delay (the wait time experienced by drivers using the intersections) by 0.5 seconds or less. Based on the traffic study, there was no change in LOS with the project implemented at any of the project intersections. Vehicle Miles Traveled Vehicle Miles Traveled (VMT) is one of the alternative metrics considered, this report presents an estimate of average daily VMT for the proposed hotel. The estimated daily VMT would be 27.8 miles per capita (per employee or per hotel guest) without any TDM measures, which would be reduced to 19.8 miles per capita with the hotel’s proposed TDM program. This represents a notable reduction compared to vehicle miles traveled that are estimated to be City of Palo Alto Planning & Community Environment Department Page 13 generated by the existing buildings, which have an estimated daily VMT of 34.4 miles per capita. Suggested Routes to School The project is not located adjacent to a designated Safe Route to School, however, the intersection of Middlefield Road and San Antonio Road is within a designated walking route for Hoover Elementary. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project requires the certification of an Environmental Impact Report (EIR). The EIR was prepared by David J. Powers Associates under contract with the City. Scoping Meeting A scoping meeting on the EIR was conducted on March 3, 2016 during a duly noticed Architectural Review Board meeting. The purpose of the scoping meeting was to describe the EIR process and obtain comments on the contents of the EIR. The public commented on traffic congestion (use of ride-shares), construction impacts on noise, and dirt and damage to San Antonio Road. Concerns were also raised about the impacts of the underground garage on ground water. Comments continued with the impacts of diesel fuels and other contaminants on groundwater. The public also commented on shading and parking. Public Circulation The EIR will be circulated between March 27, 2017 and May 10, 2017. The City Council will consider certifying the EIR at a later public hearing. The contents and detail of the EIR can be found in Attachment F. Potential Impacts Environmental impacts are considered physical impacts on the environment and are separated into either construction (temporary) or operational (longer-term and ongoing) impacts based upon established thresholds of significance. If an impact is identified, then mitigation measures are required to reduce that impact to a level of less than significant. The following were identified as potential significant impacts by topic: Air Quality Impact AQ-1: The proposed project could result in an excess cancer risk for a child exposure during construction. (Less than Significant Impact with Mitigation Incorporated). Biological Resources City of Palo Alto Planning & Community Environment Department Page 14 Impact BIO-1: Construction activities associated with the proposed project could result in impacts to nesting birds through the loss of fertile eggs or nest abandonment. (Less than Significant Impact with Mitigation Incorporated) Cultural Resources Impact CUL-1: Demolition of the mid-century modern structure at 744 San Antonio Road represents a substantial adverse effect to a historical resource eligible for the California Register. (Significant Impact) No mitigation is proposed, since none would alleviate the impact. Impact CUL-2: Unknown subsurface archaeological or paleontological resources could be present on the site in underlying native soils, and could be disturbed during project construction. (Less than Significant Impact with Mitigation Incorporated) Hazards and Hazardous Materials Impact HAZ-1: Localized hazardous materials contamination is present in on-site soils. Construction activities could result in hazards to people or the environment. (Less than Significant Impact with Mitigation Incorporated) Impact HAZ-2: MtBE and petroleum hydrocarbon contaminated groundwater could be encountered during excavation for and construction of the below-grade parking garage. Exposure to this contaminated water or soil vapors could result in hazards to construction workers, the general public or the environment during construction or hotel operation. (Less than Significant Impact with Mitigation Incorporated) Noise Impact NOI-1: Noise generated by general construction activity could impact residents to the west of the project site in the short-term. (Less than Significant Impact with Mitigation Incorporated) Historic Listing Eligible Structure The structure at 744 San Antonio Road is approximately 20,775 square feet in size and is currently used as a professional office. The structure was originally constructed in 1961 as a mortuary and funeral chapel, with significant rear additions totaling approximately 16,015 square feet occurring at the rear of the structure in 1983. The structure is eligible for listing on the California Register of Historic Places, due to its age and embodiment of some characteristics of mid-century modern architecture. The structure at 744 San Antonio Road is representative of the mid-century modern style, popularized between 1945 and 1965, and made prominent within south Palo Alto by noted architect Joseph Eichler who popularized the style for residential architecture. The mid-century modern style emphasizes the concept of indoor-outdoor living through the reduction of divisions between interior and exterior space. The use of design elements, such as overhanging trellises, pergolas, atriums, and integrated planters emphasized this indoor/outdoor City of Palo Alto Planning & Community Environment Department Page 15 connection. The opening of interior spaces, interaction with the natural environment, and straightforward use of materials were important principles that came to characterize the style. The building at 744 San Antonio Road exhibits an asymmetrical design with right angles and cubic forms. The building façade features a roughhewn stone wall that encloses a courtyard, a trellis system, and a series of exposed rafters. The main body of the building features stucco cladding painted a neutral earth tone. The most prominent feature of the building is the exaggerated, overtly tall hipped roof with wide overhanging eaves. This exaggerated roof form is common to ecclesiastical buildings of this era. Windows along the façade and within the courtyard are wall length and separated by projecting wood mullions. The 1961 structure at 744 San Antonio Road is considered eligible for listing on the California Register under Criterion 3, embodying the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. The eligibility determination was made based on the building’s distinctive mid-century modern style. Despite an addition to the rear of the building and minor alterations to fenestration, the structure retains its distinctive features and overall integrity. While the building appears eligible for listing on the California Register under Criterion 3, its diminished integrity precludes it from being listed on the National Register of Historic Preservation (NRHP). This 1983 addition at 744 San Antonio Road is not attached to the original structure and is not a part of the structure potentially eligible for the California Register. The demolition of the eligible building results in an unavoidable significant impact that would require the City Council to make a statement of overriding considerations, since there is no mitigation for a demolished building. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Palo Alto Weekly on March 24, 2017, which is 12 days in advance of the meeting. Postcard mailing occurred on March 27, 2017, which is 10 days in advance of the meeting. Public Comments Comments regarding the project have been received in the past. Generally, there has been a negative response to the project from the neighbors (residential and commercial). In particular, there is concern regarding the size of the project (massing and bulk); the amount of traffic generated by the project; concerns about the construction of the basement; and the operation of the hotels using water resources. Some of these comments are addressed through the EIR, others are discussed in the analysis of this report. Alternative Actions City of Palo Alto Planning & Community Environment Department Page 16 In addition to the recommended action, the Architectural Review Board may: 1. Direct staff to prepare approval findings and conditions of approval; 2. Direct staff to prepare denial findings; or 3. Continue the project to a date certain. Report Author & Contact Information ARB4 Liaison & Contact Information Sheldon S. Ah Sing, AICP, Contract Planner Jodie Gerhardt, AICP, Planning Manager (408) 340-5642 (650) 329-2575 sahsing@m-group.us jodie.gerhardt@cityofpaloalto.org Attachments: Attachment A: Location Map (PDF) Attachment B: ARB Findings (DOCX) Attachment C: CS Zoning Comparison (DOCX) Attachment D: Performance Standards (DOCX) Attachment I: Project Plans (DOCX) Attachment F: CEQA Document (DOCX) Attachment G: Parking Study-Valet Operations (PDF) Attachment H: Transportation Demand Management Program (DOCX) Attachment E: Comprehensive Plan Comparison (DOCX) 4 Emails may be sent directly to the ARB using the following address: arb@cityofpaloalto.org Greendell Site Building 5 Building 3 Building 8 Building 9 Building 2 Buildin g 10 B uilding 10 Building 4 Building 7 Building 7 Building 12 Buildin g 11 Building 8 Building 6 Building 9 Building 6 Building 5 Building 13 Building 5 Building 2 Building 14 Building 2 Building 4 Building 3 Building 4 Building 15 Building 1 Building 1 Building 3 CS CS(AD) RM-15 CS CS(AD) PF PC-2711 CS PC-2640 RM-15 PC-1417 PC-4843 RM-15 R-2 CN SAN ANTONIO AVENUE FERN E AVENUE MIDDLEFIELD ROAD SUTHERLAND DRIVE SAN ANTONIO AVENUE KEATS COURT MIDDLEFIELD ROAD SAN ANTON IO AVENUE BYRO N STREET E WOOD PLACE VE FABIAN STREET S E M IN O L E W A Y MONTROSE AVENUE SAN ANTONIO AVENUE LEGHORN STREET SAN ANTO NIO C OURT (Pvt.) MAP LEWOOD AVENUE 800 4171 4183 4195 486 488 481 465 4 82 490 451 485 479 473 467 461 455 452 4 476 474 464 462 460 478 443 449 525 491 495 4190418041704160 690 490 560 670 4152 4120 408140734061 4080 4088 407240644056 57 725 717 40614049 4073 711 737 625 627 62 3 6 2 1 622 7 50 75 6 762 7 6 8 7 6 9 76375 7 7 517 4 5 7 5 9 740 7 44 7 7 9 765 733 4123 4133 4118 4134 4126 4154 639 637633 633 629 631 620 62 4 62 6 628 630 634 632 638 636 642 640 416041584154 4157 6994147 4145 4149 4151 4153 4155 4 1 48 4150 4150 719 744 738 732 726 720 714 702 4109 4117 4125 4103 4113 41104102 708 749 707 713 725 731 737 743 712 718 726 708 704 700 4099 4096 765 4171 4185 750 744 748 720 716 4201 4225 4233 710 725 705 4151 760 7 9 4 7 96 792 790 786 780 774 768 762 756 750 7 75 7 74 779 785 788 780 796 770 773 767772 764 761 750 755 734 777 4017 015 4057 4055 825 4080 4074 406240304020 795 797 799 801 821 815 809 762 780 840 0 824 816 814 810808 802 800 796B 796A 788 630 6 642 644 646 648 650 4077 41564152 521 660 790 792 812 817 598 708 569 2565 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Zone Districts 744-748 San Antonio Ave (Project Site) City Jurisdictional Limits abc Zone District Labels 0' 350' 744-748 San Antonio Avenue withZoning Districts Area Map CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2015 City of Palo Alto rrivera, 2015-05-18 11:14:24744 748 SanAntonio SS (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) ATTACHMENT B ARB FINDINGS FOR APPROVAL 744-748 San Antonio 15PLN-00314 A. Architectural Review Findings The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. Context-Based Findings: (1) Pedestrian and Bicycle Environment. The design of new projects shall promote pedestrian walkability, a bicycle friendly environment, and connectivity through design elements. (2) Street Building Facades. Street facades shall be designed to provide a strong relationship with the sidewalk and the street(s), to create an environment that supports and encourages pedestrian activity through design elements. (3) Massing and Setbacks. Buildings shall be designed to minimize massing and conform to proper setbacks. (4) Low-Density Residential Transitions. Where new projects are built abutting existing lower scale residential development, care shall be taken to respect the scale and privacy of neighboring properties. (5) Project Open Space. Private and public open space shall be provided so that it is usable for residents, visitors, and/or employees of the site. (6) Parking Design. Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment. (7) Large (Multi-Acre) Sites. Large sites (over one acre) shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood. Sustainability and Green Building Design. Project design and materials to achieve sustainability and green building design should be incorporated into the project. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. ATTACHMENT C ZONING COMPARISON TABLE 744-748 San Antonio Road, 15PLN-00314 Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) Non-residential Development Standards Regulation Required Existing Proposed Minimum Site Area, width and depth None 1.91 acres (83,440.93 sf) 1.91 acres (83,440.93 sf) Minimum Front Yard 10-12 feet to create an effective sidewalk (1), (2), (8) 744 San Antonio: 24 ft. 748 San Antonio: 4 ft. Not Applicable Rear Yard None 744 San Antonio: 70 ft. 748 San Antonio: 84 ft. 10 feet Interior Side Yard (if abutting residential zone district None 20 feet 10 feet Street Side Yard None Not Applicable Not Applicable Build-to-lines 50% of frontage built to setback on El Camino Real 33% of side street built to setback (7) 141 feet (50%) No Street side yard 186 feet (77%) Special Setback 24 feet – see Chapter 20.08 & zoning maps 744 San Antonio: 24 ft. 748 San Antonio: 4 ft. 24 feet Max. Site Coverage None 36% (30,200 sf) 39.63% (33,075 sf) Max. Building Height 50 ft or 35 ft within 150 ft. of a residential district (other than an RM-40 or PC zone) abutting or located within 50 feet of the site 35 feet 49’-4” Max. Floor Area Ratio (FAR) Hotel: 2.0:1(166,882 sf) 37.84% (31,575 sf) 166,020 (1.99:1) (1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard. (2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage 18.16.080 Performance Standards. All development in the CS district shall comply with the performance criteria outlined in Chapter 18.23 of the Zoning Ordinance, including all mixed use development 18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Hotels* Type Required Existing Proposed Vehicle Parking 1 space per guestroom 75 spaces 294 spaces, includes 58 valet spaces Bicycle Parking 1 space per 10 guestrooms (100% LT) 30 spaces Loading Space 2 loading spaces for 30,000 - 69,999 sf 2 spaces * On-site employee amenity space is exempted from the parking requirements Performance Criteria 18.23 744 San Antonio Road 15PLN-00314 These performance criteria are intended to provide additional standards to be used in the design and evaluation of developments in the multi-family, commercial, and industrial zones. The purpose is to balance the needs of the uses within these zones with the need to minimize impacts to surrounding neighborhoods and businesses. The criteria are intended to make new developments and major architectural review projects compatible with nearby residential and business areas, and to enhance the desirability of the proposed developments for the site residents and users, and for abutting neighbors and businesses. Assure that development provides adequate and accessible interior areas or exterior enclosures for the storage of trash and recyclable materials in appropriate containers, and that trash disposal and recycling areas are located as far from abutting residences as is reasonably possible. The trash enclosures are in the rear of the property, opposite from the residential areas across San Antonio Road. Noise associated with the servicing of the solid waste facilities would be shielded by the new buildings. To minimize the visual impacts of lighting on abutting or nearby residential sites and from adjacent roadways. The proposed exterior lighting is sufficient to provide safe circulation and is directed downward to reduce glare and impacts to the neighboring residents. Outside lighting on the proposed building would be limited, focused at the ground floor level, and comparable in brightness to the ambient lighting in the surrounding area. Landscape or architectural accent lighting that is aimed upward, would contain glare control, louvers or be shielded from direct vertical uplight, consistent with this PAMC Section. The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up. The hotel includes ancillary uses that are associated with guest services and not open to the public. Any loading would occur in the rear of the property opposite the residents across from San Antonio Road. Privacy of abutting residential properties or properties with existing residential uses located within 18.23.020 Trash Disposal and Recycling Project Consistency 18.23.030 Lighting 18.23.040 Late Night Uses and Activities 18.23.050 Visual, Screening and Landscaping nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate. The project provides the required setback and includes vegetation and tree plantings within the setback and open spaces. Mechanical equipment areas are screened appropriately. The requirements and guidelines regarding noise and vibration impacts are intended to protect residentially zoned properties or properties with existing residential uses located within nonresidential zones (residential properties) from excessive and unnecessary noises and/or vibrations from any sources in abutting industrial or commercially zoned properties. Design of new projects should reduce noise from parking, loading, and refuse storage areas and from heating, ventilation, air conditioning apparatus, and other machinery on nearby residential properties. New equipment, whether mounted on the exterior of the building or located interior to a building, which requires only a building permit, shall also be subject to these requirements. The project will comply with the City’s noise ordinance. The trash enclosures are in the rear of the property. The visual impact of parking shall be minimized on adjacent residentially zoned properties or properties with existing residential uses located within nonresidential zones. The project provides most of its parking below grade. The parking that is located at-grade is shielded by the new buildings and not visible from San Antonio Road. The guidelines regarding site access impacts are intended to minimize conflicts between residential vehicular, pedestrian, and bicycle uses and more intensive traffic associated with commercial and industrial districts, and to facilitate pedestrian and bicycle connections through and adjacent to the project site. The site circulation facilitates access for all modes of transportation. The project includes short-term and long-term bike parking. On-site vehicular parking is valet and most of the parking is below ground. Pedestrian areas include colored and textured pavement that would enhance safety. The requirements for air quality are intended to buffer residential uses from potential sources of odor and/or toxic air contaminants. No proposed uses on the project site would produce odor or toxic air. In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on-site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code. This is not applicable to the proposed uses associated with the project. 18.23.060 Noise and Vibration Project Consistency 18.23.070 Parking 18.23.080 Vehicular, Pedestrian and Bicycle Site Access 18.23.090 Air Quality 18.23.100 Hazardous Materials Attachment I Project Plans Hardcopies of project plans are provided to ARB Members. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “744 San Antonio Road” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “CYM & AC Palo Alto – ARB Major Resubmittal 170105” Attachment F CEQA A printed copy of the Draft Environmental Impact Report is available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. These documents may also be reviewed on online: 1. Go to: http://www.cityofpaloalto.org/planningprojects 2. Go to the “Commercial and Mix Use projects” webpage 3. Search for “744 San Antonio” 4. Review the record details and click on the address for more details A direct link to the project page is also provided here: http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=3133 A hard copy of the document was provided to the ARB November 11, 2016 Mr. Mont Williamson T/2 Hospitality 620 Newport Center Drive, 14th Floor Newport Beach CA 92660 Re:Parking Study for Hotels Dear Mr. Williamson: This letter describes research that Hexagon has conducted regarding the number of parking spaces required for hotels in Santa Clara County.Hexagon conducted counts of the parking demand at one hotel in 2014 and two hotels in 2015 (see Table 1). The 2014 count was conducted at the Aloft Hotel located at 10165 North De Anza Boulevard in Cupertino. The Aloft Hotel in Cupertino includes meeting space, a snack bar, a lounge and bar, and free underground parking. The two hotels counted in 2015 include the Hilton Garden Inn (located at 840 East El Camino Real, Mountain View) and the Courtyard by Marriott (located at 660 West El Camino Real, Sunnyvale). Each hotel is located on a major arterial and has a mix of meeting/conference space, a restaurant and bar/lounge area, and free parking. The restaurant and bar/lounge space is owned and operated by the hotel and primarily serves customers who are hotel guests. Survey Results Table 2 shows that the overall peak parking demand was observed at midnight, after the hotel restaurant had closed. The peak parking ratios for the hotels on weekdays were observed to range from 0.61 to 0.74 with an average of 0.68 occupied parking spaces per occupied room.The peak parking ratios observed on Saturdays ranged from 0.56 to 0.80 with an average of 0.70 occupied spaces per occupied room. Attachment G Mr. Mont Williamson November 11, 2016 Page 2 of 4 Table 1 Hotel Size and Features Rooms Employees (maximum per shift) Restaurant Size 3,842 s.f.9,715 s.f. Meeting/Conference Space 2,112 s.f.550 s.f. 1,100 s.f. Parking Spaces Provided Parking Spaces/Room TDM Measures a The Aloft Hotel in Cupertino does not include a full-service restaurant. On-site dining options available at the hotel include a snack bar and bar/lounge space. 123 38 19 n/a 162 127 n/a n/a a b Unknown if this site has implemented additional TDM measures. Guest shuttle service b Hilton Garden Inn Mt. View Courtyard Marriott Sunnyvale None Bike parking, showers, lockers, changing rooms, transit subsidies for employees, guaranteed ride home program Aloft Hotel Cupertino 160 145 1.01 0.88 n/a Mr. Mont Williamson November 11, 2016 Page 3 of 4 Table 2 Observed Hotel Parking Usage Survey Date Thurs. 4/30/15 Sat. 5/2/15 Thurs. 4/30/15 Sat. 5/2/15 Wed. 6/11/14 Sat. 6/14/14 Time Total Total Total Total Total Total 6:00 PM 69 64 26 55 31 36 6:30 PM 66 69 22 53 30 34 7:00 PM 62 65 20 50 35 33 7:30 PM 60 67 23 57 31 39 8:00 PM 75 72 21 58 33 40 8:30 PM 76 74 24 57 32 42 9:00 PM 87 77 26 61 42 43 9:30 PM 102 82 34 72 56 47 10:00 PM 109 91 44 78 68 49 10:30 PM 112 117 48 80 71 57 11:00 PM 113 117 52 92 73 61 11:30 PM 114 122 53 100 74 64 12:00 AM 115 125 55 107 76 67 Total Rooms 160 160 145 145 123 123 Occupied Rooms 155 156 82 144 123 121 Restaurant Size 3,842 s.f.9,715 s.f. Total Parking Spaces 162 162 127 127 Peak Parking Demand (spaces)115 125 55 107 76 67 Hotel Only 0.74 0.80 0.67 0.74 0.61 0.56 Hilton Garden Inn Mt. View Courtyard Marriott Sunnyvale Aloft Hotel Cupertino a b The site does not include a full-service restaurant. On-site dining options available at the hotel include a snack bar and bar/lounge space. a The survey at this site ended at 10 PM. Parking occupancy after this hour was projected based on the time-of- day variation in parking demand observed at the other hotels. Parking Ratio (occupied parking spaces/occupied rooms for hotel at 12:00 AM midnight; restaurant is closed) n/a b Mr. Mont Williamson November 11, 2016 Page 4 of 4 Thank you for the opportunity to provide the results of these parking counts. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. Gary K. Black President Randolph B. Popp A R C H I T E C T 2 1 0 H i g h S t r e e t P a l o A l t o , C A 9 4 3 0 1 6 5 0 . 4 2 7 . 0 0 2 6 i n f o @ r p -a r c h . c o m P a g e | 1 of 1 17 January 2017 Mr. Sheldon Ah Sing City of Palo Alto Planning Division 250 Hamilton Ave. Palo Alto, CA 94301 Re: 744-750 San Antonio Road Application 15PLN-00314 Valet Parking Program Mr. Ah Sing: Regarding your request for clarification of the Valet Parking Program: The Hotel Operator will implement and maintain an on-site valet program which will render the property 100% valet parked. The program will consist of 24-hour coverage by hotel staff and will be consistent across both hotels. This parking approach is included as one of the amenities for the property, intended to increase the overall guest experience and serve as an indication of service level. In practice, the guest would be greeted by the valet team right after departure from San Antonio, and entry to our site. The circular drive with entrances to the hotels will serve as the transition and staging area. Guests may call for their car from their room prior to departure so the valet team can have it delivered to the lobby entry for efficient departure. The total number of spaces provided is defined on the Drawing A-2.0. This quantity and arrangement is substantiated in the “Parking Study for Palo Alto Hotels” document provided by Hexagon Transportation Consultants, Inc, dated November 11, 2016. Based on our experience and the documentation we have submitted, we are confident the parking program we have defined, including the efficiency produced by a valet team, will yield a comfortable and manageable parking situation for the project. Thank you, Randy B. Popp, Architect Attachment H Transportation Demand Management Program The project will implement a Transportation Demand Management (TDM) Program to reduce vehicle trips generated by the employees and guests. The TDM measures proposed by the project applicant are listed below. These measures are divided into four categories: hotel TDM infrastructure, guest TDM programs, employee TDM programs, and guest & employee (dual) programs. Hotel TDM Infrastructure: Free on-site bicycle program (hotel bikes for employee and guest use) On-site/nearby car-share program (Zipcar/WeCar) On-site amenities and vending services. Ground floor facades, entrances, and pathways that will encourage pedestrian and bicycle movement Transportation kiosk and/or mount a real-time transportation information screen in lobby Passenger loading zone Bicycle parking/storage for employees and guests Add transit resources to the hotel’s website (e.g., free Palo Alto and Marguerite shuttles, the Bike Station, Caltrain, Santa Clara Valley Transportation Authority [VTA], etc.) Guest TDM Programs: Pre-loaded Clipper Cards available for purchase for guests transit travel Train reservation staff to provide transit connection information for VTA and Caltrain and transfers to the San Francisco International Airport via the Millbrae BART Station Include hotel confirmation email with information about reaching the hotel without a vehicle Place a getting around Palo Alto map/brochure in each guest room Free hotel-operated shuttle to the San Jose International Airport Hotel-operated shuttle to the North Bayshore area Employee TDM Programs: One-hundred (100) percent subsidized transit passes (Caltrain and VTA) Cash incentive/allowance for carpooling, biking and walking to work Ridematching assistance Free, preferential carpool/vanpool parking Commuter bike program (provide commuter bikes for employees). Secure bike storage, showers and clothes lockers Commuter rewards – fuel cards, movie tickets, gift card Emergency ride-home program Hotel-funded annual car-share membership New employee orientation training by a designated commute coordinator Annual employee TDM survey Free employee overnight accommodation (subject to room availability) for employees who are scheduled to work a late evening shift (ending at 11:00 p.m. or later) and a morning shift the following day Guest & Employee (Dual) TDM Programs: Free hotel-operated San Antonio Caltrain Station shuttle (the shuttle will also be open to neighborhood free of charge) Hotel membership in Palo Alto Transportation Management Association Access to on-site exercise facilities Annual contribution to the Palo Alto Shuttle Program to extend route of the Crosstown shuttle to the project site ATTACHMENT E COMPREHENSIVE PLAN TABLE 744 San Antonio Road / File No. 15PLN-00314 Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Service Commercial. The project continues the Service Commercial land uses. Land Use and Community Design Element Goal L-1: A well-designed, compact city, providing residents and visitors with attractive neighborhoods, work places, shopping district, public facilities and open spaces. Policy L-4: Maintain Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. Use the Zoning Ordinance as a tool to enhance Palo Alto’s desirable qualities. Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due their size and scale. Policy L-46: Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts. Policy L-48: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. Transportation Element Goal T-3: Facilities, services and programs that encourage and promote walking and bicycling. Policy T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-site parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details. Natural Environment Element Goal N-4: Water Resources that are Prudently Managed to Sustain Plant and Animal Life, Support Urban Activities, and Protect Public Health and Safety. Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial, industrial, municipal, and transportation land uses and activities. Transportation Demand Management Program The project will implement a Transportation Demand Management (TDM) Program to reduce vehicle trips generated by the employees and guests. The TDM measures proposed by the project applicant are listed below. These measures are divided into four categories: hotel TDM infrastructure, guest TDM programs, employee TDM programs, and guest & employee (dual) programs. Hotel TDM Infrastructure: Free on-site bicycle program (hotel bikes for employee and guest use) On-site/nearby car-share program (Zipcar/WeCar) On-site amenities and vending services. Ground floor facades, entrances, and pathways that will encourage pedestrian and bicycle movement Transportation kiosk and/or mount a real-time transportation information screen in lobby Passenger loading zone Bicycle parking/storage for employees and guests Add transit resources to the hotel’s website (e.g., free Palo Alto and Marguerite shuttles, the Bike Station, Caltrain, Santa Clara Valley Transportation Authority [VTA], etc.) Guest TDM Programs: Pre-loaded Clipper Cards available for purchase for guests transit travel Train reservation staff to provide transit connection information for VTA and Caltrain and transfers to the San Francisco International Airport via the Millbrae BART Station Include hotel confirmation email with information about reaching the hotel without a vehicle Place a getting around Palo Alto map/brochure in each guest room Free hotel-operated shuttle to the San Jose International Airport Hotel-operated shuttle to the North Bayshore area Employee TDM Programs: One-hundred (100) percent subsidized transit passes (Caltrain and VTA) Cash incentive/allowance for carpooling, biking and walking to work Ridematching assistance Free, preferential carpool/vanpool parking Commuter bike program (provide commuter bikes for employees). Secure bike storage, showers and clothes lockers Commuter rewards – fuel cards, movie tickets, gift card Emergency ride-home program Hotel-funded annual car-share membership New employee orientation training by a designated commute coordinator Annual employee TDM survey Free employee overnight accommodation (subject to room availability) for employees who are scheduled to work a late evening shift (ending at 11:00 p.m. or later) and a morning shift the following day Guest & Employee (Dual) TDM Programs: Free hotel-operated San Antonio Caltrain Station shuttle (the shuttle will also be open to neighborhood free of charge) Hotel membership in Palo Alto Transportation Management Association Access to on-site exercise facilities Annual contribution to the Palo Alto Shuttle Program to extend route of the Crosstown shuttle to the project site Attachment I Project Plans Hardcopies of project plans are provided to ARB Members. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “744 San Antonio Road” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “ARB Major Re-submittal 744 San Antonio 171905” May 14, 2017 comments by Kyle Kashima 3.1.2.2 Impacts to Existing Visual Character The 24-foot setback is too small for a large complex that starts at a three-story height and rapidly rises to a five-story height on that part of San Antonio Road. Across from the proposed site, the Greenhouse residential buildings are only 3-story, setback from San Antonio by at minimum of 75 feet, and shielded by a sound wall from San Antonio. The proposed Mariott buildings at five-stories and close proximity to the road would dominate all the buildings in that section of San Antonio and negatively impact the area. At minimum the plan should be modified to increase the setbacks for the three-story section to match that of the Greenhouse and to remove or to setback the higher stories even farther. 3.4.2.3 Archaeological or Paleontological Resource Impacts The EIR failed to mention the nearby historically important ‘Castro Mound’ that was located at the current site of Google offices at San Antonio Road and Central Expressway (the former Mayfield Mall). As I understand, it was one of the largest burial sites for the Ohlone people in the area. The EIR should be amended to accurately reflect this fact and the possibility that the project site could contain artifacts or remains of importance. 3.6.1.2 Existing Conditions Geological Setting and Topography: San Antonio Road roughly follows the original path of the San Antonio Creek, as can be seen on very old maps of the area. Even though the creek was paved over, it seems likely that the topography still favors channeling water along this route toward the bay. As evidence of this, several years ago a neighbor of mine on San Antonio Drive had significant problems capping an overflowing groundwater well. 3.9.1.2 Existing Conditions Groundwater: The groundwater measurements cited in the EIR were taken in 2015 during the drought. I am concerned that the estimated levels were not representative and the dewatering part of the project might require draining a significant amount of groundwater from the San Antonio ‘creek’. I am also uncertain on the effect the dewatering will have on the groundwater and how this might affect the city- owned and city-protected Oak trees along San Antonio Drive. The project plan should include steps by the city to monitor the groundwater levels and mitigate any problems, such as watering the oaks if the water table drops. 3.11.3 Noise Impacts The EIR claims that “vehicular traffic generated is not anticipated to increase noise levels substantially” citing the Hexagon’s Traffic Impact Analysis report of October 11, 2016. Hexagon’s Traffic Impact Analysis report only analyzes traffic volumes and flows. Their report does not discuss noise levels anywhere. There is no information in their report that attempts to analyze noise levels or noise level changes due to changes in the traffic level. The EIR makes a claim that is unsupported regarding the noise levels. May 14, 2017 comments by Kyle Kashima The EIR states that the current levels of noise for the project site “range from 60 dBA to 70 dBA primarily as a result of traffic along San Antonio Road” and “The ‘normally acceptable’ outdoor noise level standard for the nearby residences would be 55 dBA Ldn, and existing ambient levels exceed this threshold.” The noise levels from San Antonio Road to my nearby single family house on San Antonio Drive are already high (about 70 dBA according to the Noise Contour map of the Comprehensive Report). Unlike that of most other Palo Alto roads, San Antonio Road traffic includes heavy commercial vehicles because this road is the primary commercial route from 101 for Palo Alto, Stanford University, Mountain View’s retail stores along San Antonio Road, and downtown Los Altos. Any increase in traffic will raise the approximately 70 dBA outdoor noise to even more unpleasant levels. For these reasons, I cannot support the project until a proper noise impact study is undertaken and steps are taken to mitigate the high level of noise along the single family residences of San Antonio Drive. Comment: The recent (decades)-long-awaited repair of San Antonio Road improved some things. • When the city removed stone pine trees whose roots uplifted parts of the roadway and repaved the street, the vibrations and banging from bouncing of cargo semi-trucks and construction trucks improved. • When the city raised the medians and planted it with trees and plants, the change deterred the reckless jaywalkers who would dart across San Antonio Road between the onrushing traffic. Unfortunately, the repair did little to address the continuing high of outdoor noise. • The plants in the median provide little, if any, reduction in the noise. There are sizeable gaps between plants and it is unclear if they would attenuate noise levels even if the gaps were filled by plants. • During a community meeting on the San Antonio Road repair, I and several other neighbors requested a medium height (4’ to 6’) sound wall to be built in the median, but to no avail. The outdoor noise level along San Antonio Drive remains well above ‘normally acceptable levels’. Years ago, when Palo Alto designated San Antonio Road as Palo Alto’s principal and primary commercial truck route the noise levels worsened. When the residential complexes and Hauser School on the southeast side of San Antonio were built, sound walls were approved by the city, but these same sound walls reflect noise back across San Antonio Road toward the single family residences on San Antonio Drive. Goal N-8 of the Comprehensive Plan is to provide an environment that minimizes adverse impacts of noise. Can the city study the noise problem along San Antonio Drive and provide reasonable options for the single family residents to mitigate the high level of outdoor noise? From:BOBBIE ARNOLD To:Architectural Review Board Subject:Concerns About Construction -744-748 San Antonio Road Date:Wednesday, April 5, 2017 6:59:02 PM Sheldon S. Ah Sing/ARB Members, I am the original owner of one Condo located at 765-1 San Antonio Road, PA -GreenHouse II. As a homeowner, I need to express my unhappiness with your decisions to allow Marriott to build two five story building across the street from our homes. I have lived on San Antonio Road for 39 years, during that time I have endured dust, sand, gravel, wind storms, fallen trees, re-modeling of the middle divider and the building of the new shopping center at San Antonio Rd. and El Camino real. Keep in mind this has been a 2 year project that brought dust, sand, 15-20 large trucks hauling everything all day long to this project. Along with the trucks there was traffic back ups all day long. Please don't forget the JCC & Muslim bldg. that took 2 yrs. to complete, same issues as stated above that we had to endure.... I am sending a copy of my concerns and complaints to my Lawyer. My reasons are: 1) None of the City Council members live in Greenhouses 1 & II therefore, you have no idea of the issues we have to and have had to contend with. 2) Many of the owners are ill, elderly, some have children who needs to play in a safe area, which they will not have in the future; nor will their parents feel safe in allowing their children to ride on the side walk. 3) Environmental Issues: Greenhouse I & II stated the following last year-there be no Sun, no shade in the summer and no protection for pollen and etc. 4) Many of the Owners have sinus problems, and in some cases their illnesses the fire and ambulance have to enter the area....this doesn't matter to the ARB!!! 5) ARB folks, your actions in completely ignoring the Homeowners wishes is offensive and are similar to that of your Pres. who does whatever he wants to people. We are not going to stand for it we are home owners with integrity, we love our selves, neighbors and their children and wish that you all for one day would come and visit me and see for yourself what we are going through and what the future holds for any additional building on San Antonio Road.. A Concerned 39 year Owner--BA From:Joan Larrabee To:Sheldon Ah Sing Cc:Council, City; Architectural Review Board Subject:Comments on 744-750 San Antonio Road DEIR Date:Tuesday, May 9, 2017 3:42:20 PM Dear Mr. Sheldon Ah Sing, The Environmental Impact Report Draft for the proposed Marriotts Hotels is incomplete, inadequate and may be challenged on several key points. SOILS AND WATER, APPENDIX H, SECTION 3 The soils and water studies were only conducted at 744 San Antonio Road. None were made at the adjoining parcel 748-750 where the Courtyard by Marriott is planned. This parcel, almost an acre, is even closer to the San Francisco Bay and has a lower elevation, The study was completed two years ago, in 2015, prior to one of the wettest rainy seasons on record. Palo Alto received almost 30 inches of rain in the 2016-2017 winter, almost 200% of normal. Even so, during the drought, water was observed during the survey at only 7.5 feet below grade. In historically wet years, water would be found only 4.5 feet below grade, according to the engineers doing the survey. The soils and water studies need to be redone. The excavation and dewatering of such a magnitude, as to provide two levels of underground parking, would affect the lateral support of the adjoining properties. The work could also affect the lateral support of San Antonio Road itself. San Antonio Road has storm and sanitary sewers, phone and computer lines, electrical and gas lines underground, for South Palo Alto and communities to the west. During the heavy rains this winter, these utilities were affected. None of this was reported in the DEIR and needs to be addressed. TRAFFIC ANALYSIS, APPENDIX I Table 3, titled "Existing Level of Service," shows that the intersections of San Antonio/Charleston and San Antonio/Middlefield near the proposed hotels to be level of service D during the evening peak traffic. And these Levels of Service (LOS) were determined in September, 2012, almost FIVE years ago. More traffic congestion now! The engineers observed traffic conditions and saw that it often took two cycles of the signals to clear the intersections, that traffic overflowed the left turn pockets. "Level of Service represents an average of all movements at an intersection. Thus, if one movement is congested, but other movements do not experience lengthy delays, the average level of service can be acceptable." So, in other words, the heaviest movements might actually be as low as E or F now, "unacceptable by most drivers." As the proposed hotels are mid-block, turning movements at the above intersections will be required for access and egress. The authors of the DEIR ignored the City of Palo Alto's Engineering and Traffic Surveys for San Antonio Road, from the East City Limit Line to Alma Street. In all three sections, the primary land use is residential, schools, churches and small businesses. And the section from Charleston to the East City Limit has twice the accident rate of similar streets in California. ALTERNATE USES FOR THE PROPERTY The land use along San Antonio Road is primarily residences: single-family homes, condominiums, townhouses, apartments and senior housing at Oshman Family Jewish Community Center. There are schools, a church, and businesses. We prefer to see the primary land use, residential, continue. Incorrectly, the DEIR states that there is no transit service near the property and therefore housing should be located near the California Avenue and University Avenue Caltrain Stations, not at 744-750 San Antonio Road. 3.10.2.8 HOWEVER, the Caltrain Station at San Antonio and Alma is listed as traffic mitigation for the hotels. It is pointed out that during the weekdays, there are "20-30 minute head ways during the AM and PM commute hours and 60- minute headways midday, at nights, and on weekends." So, yes, there is transit. OSHMAN FAMILY JEWISH COMMUNITY CENTER 3921 Fabian Way, Palo Alto, 0.3 miles away, is mentioned several times as a reason to allow the two five-story hotels. Oshman provides senior residences, cultural activities and services to the community and is called "six stories tall." Access to the Center is on Fabian Way, north of the Center, not on San Antonio Road. The main egress is also on Fabian Way, not on San Antonio. There is a little-used exit onto San Antonio. It has its own acceleration lane and does not in any way impede traffic. The Center is an excellent neighbor to all of Palo Alto and does not cause any concerns. All construction activities for the Center came in from Fabian Way, not from San Antonio Road. CONSTRUCTION HOURS 2.3.3.3 The DEIR states it would be acceptable to close one lane of the four-lane San Antonio Road from 9:00 am to 4:00 pm, Mondays through Saturdays. This is totally unacceptable to anyone traveling on San Antonio Road. CONCLUSION The Environmental Impact Report for the two hotels proposed for 744-750 San Antonio Road is incomplete, unacceptable and often inaccurate. It should not be certified. Joan Larrabee 777 San Antonio Road, Palo Alto, CA 94303 From:Kyle To:Council, City; Sheldon Ah Sing; Architectural Review Board Subject:Comments on EIR for 744 San Antonio Road proposal Date:Sunday, May 14, 2017 8:44:50 PM Attachments:744SanAntonioEIRComment.docx May 14, 2017 Dear City Council, City Planner Ah Sing, and ARB members, I quite recently learned about the Mariott hotel building project proposed for 744-750 San Antonio Road. Although it is a few days past the deadline, thought I would submit my comments regarding the Environmental Impact Report anyway. Summary of my points: · The proposed setback is much too small for the three to five story buildings in that local area. The proposed buildings’ height and size greatly exceed that of neighboring structure in that mixed-use block of San Antonio Road. · The EIR fails to mention the nearby ‘Castro mound’, a significant archaeological and cultural site of the Ohlone people. · The EIR makes a claim that the noise impact from the increase in traffic is “not anticipated to increase substantially.” The document cited as support contains no analysis of noise levels, so the claim is at best unsupported, at worst, fabricated. · Existing outdoor noise levels at single family residences adjacent to San Antonio Road on San Antonio Drive are about 70 dB, according to the noise contour map of the Comprehensive Plan. (70 dB is over 31 times louder than 55 dB, the ‘normally acceptable’ outdoor noise level.) San Antonio Drive is one of the few single family residence area along the primary commercial route from 101 into Palo Alto and neighboring areas. Can the city study of this noise problem and provide a reasonable mitigation for the single family residences? I have attached a Word document containing my comments. Best regards, Kyle Kashima San Antonio Drive From:Esther Nigenda Cc:Architectural Review Board Subject:Comments on EIR for 744-750 San Antonio: Marriott Hotel Project Date:Monday, May 8, 2017 7:53:39 PM Dear Mr. Ah Sing, I am puzzled by the 744 -750 San Antonio Road DEIR (03-21-17). Page 7 says, “The project proposes to . . construct two, five-story hotel buildings with shared amenity facilities and two levels of below-grade parking. Page 15 of the same document states: “The proposed project would require excavation to approximately 20 feet below grade to construct one level of below- grade parking. So which is it? One level or two levels? Meanwhile, the Geotechnical Report (Appendix E of the DEIR) refers to one- level underground construction (see Appendix E Project Description, page 1 and all other references to underground construction) throughout. The current DEIR does NOT support a 2-level garage as it explicitly says, Appendix E, p. 15, “Please note there are some significantly thick, relatively clean sand layers below a depth of about 20 feet that will generate a significant volume of water. If possible not penetrating into those layers with the dewatering wells is desirable . . . Provided that draw down of groundwater is limited to a maximum depth of 18 feet below existing site grades (i.e. about 10 feet below current ground water levels), settlement [of adjacent improvements and structures] due to dewatering should be low.” Additionally Appendix E, page 4 says, “Historic high groundwater is mapped at about 5 feet below the existing ground surface in the site area.” The DEIR/Geotechnical Report does not address the impacts of sea level and groundwater level rise due to climate change. In view of the high water table at this location, I believe these impacts should be addressed in this project’s EIR. Current dewatering regulations (5-4-17) state that when dewatering is needed, applicants are now required to verify the anticipated drawdown curve with a pump test using actual wells and that the pumping rate and total amount of water to be pumped out is limited to that determined during the verification. The DEIR needs to be updated to incorporate these requirements. In summary, this DEIR does not support the currently proposed project with a 2-level garage, does not address the impacts of climate change to this project, does not meet the new dewatering regulations and it does not address the environmental impacts of the scale of dewatering needed at this location. Thank you for considering my comments, Esther Nigenda, Ph.D. From:Joan Beitzuri To:Council, City; Sheldon Ah Sing; Architectural Review Board; Planning Commission Subject:Correction/Rooms - Fwd: EIR Responses - 744-750 San Antonio Road Date:Tuesday, May 2, 2017 10:45:22 AM Please correct the number of hotel rooms from 194 to 294. Thank you. Begin forwarded message: From: Joan Beitzuri <joan.beitzuri@comcast.net>Date: May 2, 2017 at 8:50:46 AM PDTTo: city.council@cityofpaloalto.org, SAhsing@m-group.us, Arb@cityofpaloalto.org, Planning.Commission@CityofPaloAlto.orgSubject: EIR Responses - 744-750 San Antonio Road Our group questions and does not agree with the conclusions arrived at by thisEIR that this massive, dense, architecturally disjointed 2 - Five Stories, 294 room commercial Hotels will have "No Significant Impact" on our neighborhood.Those conclusions are based on wishful thinking but not current facts or reality. Following are the major categories in question. 1. Regarding Visual Character Degradation The EIR's own comparison pictures absurdly conclude that "The visual character degradation would be less than significant" as shown in their "Existing view" and"Proposed Hotels" pictures below. That EIR conclusion is absurd! Having to look at those disturbing, massive, dense, unpleasantly designed 5 story buildings, rather than beautiful, pleasantsurroundings is absolute visual degradation! 2. Traffic We submit that the EIR traffic conclusions are not based on current data or appropriate data analysis. (See email addressing those specifics from our trafficanalyst Lu Lu dated April 5, 2017). The only Entrance/Exit to these 2 commercial Hotels is on San Antonio Road! With business people occupying 294 rooms requiring car rentals, taxis, Ubers,delivery trucks, garbage trucks, etc., of course this will add more traffic on an already congested 4-lane San Antonio Road! In addition, cars already have to wait ~ 2 minute cycle to make a left turn off SanAntonio Road at Leghorn, and only 2 cars go thru before the light changes. This is done in order to favor traffic on San Antonio Rd. With the added hotel trafficneeding to make U-Turns, this will certainly cause a tremendous backup of traffic at this light. These facts therefore negate EIR's conclusion, and prove these Hotels will in facthave a significant increased impact on traffic on San Antonio Road. 3. Dewatering Two story underground garage to be build requiring major dewatering. Per EIR, drilling was done in 2014, THREE YEARS AGO! Water wasencountered at 7 feet below grade. However, the EIR stated that historically during very wet years, water would rise to 4 feet below grade. Lastwinter has been very wet. So the water could be as high as only 4 feet below grade!!! 4. Aesthetics and Noise The architecture is unpleasant to look at. It is massive, dense, obtrusive, undefined, bland, disjointed architecture. The 24/7 long hours of commercial hotel operation is an intrusion to a currently quietresidential/small businesses neighborhood. Result: A significant impact on our neighborhood. 5. Historic Resource EIR Point 3.4.3: 744 Designated as a historic resource. "...Demolition wouldresult in the loss of a California Register eligible structure...". We agree with this point. This massive, dense, architecturally disjointed commercial hotel project is not afit in our neighborhood. We hope you will listen to and positively react to our substantiated facts, and do the right thing by acknowledging that these twocommercial hotels will have a significant detrimental, negative impact on our neighborhoods and that you will deny approval of this project. Joan Beit-Zuri Greenhouse 1 Sent from my iPhone From:Joan Beitzuri To:Council, City; Sheldon Ah Sing; Architectural Review Board; Planning Commission Subject:EIR Responses - 744-750 San Antonio Road Date:Tuesday, May 2, 2017 8:51:04 AM Our group questions and does not agree with the conclusions arrived at by this EIR that thismassive, dense, architecturally disjointed 2 - Five Stories, 194 room commercial Hotels will have "No Significant Impact" on our neighborhood. Those conclusions are based on wishfulthinking but not current facts or reality. Following are the major categories in question. 1. Regarding Visual Character Degradation The EIR's own comparison pictures absurdly conclude that "The visual character degradation would be less than significant" as shown in their "Existing view" and "Proposed Hotels"pictures below. That EIR conclusion is absurd! Having to look at those disturbing, massive, dense, unpleasantly designed 5 story buildings, rather than beautiful, pleasant surroundings isabsolute visual degradation! 2. Traffic We submit that the EIR traffic conclusions are not based on current data or appropriate data analysis. (See email addressing those specifics from our traffic analyst Lu Lu dated April 5,2017). The only Entrance/Exit to these 2 commercial Hotels is on San Antonio Road! With business people occupying 194 rooms requiring car rentals, taxis, Ubers, delivery trucks, garbagetrucks, etc., of course this will add more traffic on an already congested 4-lane San Antonio Road! In addition, cars already have to wait ~ 2 minute cycle to make a left turn off San AntonioRoad at Leghorn, and only 2 cars go thru before the light changes. This is done in order to favor traffic on San Antonio Rd. With the added hotel traffic needing to make U-Turns, thiswill certainly cause a tremendous backup of traffic at this light. These facts therefore negate EIR's conclusion, and prove these Hotels will in fact have a significant increased impact on traffic on San Antonio Road. 3. Dewatering Two story underground garage to be build requiring major dewatering. Per EIR, drilling was done in 2014, THREE YEARS AGO! Water was encountered at 7 feet below grade. However, the EIR stated that historically during very wet years, water would rise to 4 feet below grade. Last winter has been very wet. So the water could be as high as only 4feet below grade!!! 4. Aesthetics and Noise The architecture is unpleasant to look at. It is massive, dense, obtrusive, undefined, bland, disjointed architecture. The 24/7 long hoursof commercial hotel operation is an intrusion to a currently quiet residential/small businesses neighborhood. Result: A significant impact on our neighborhood. 5. Historic Resource EIR Point 3.4.3: 744 Designated as a historic resource. "...Demolition would result in the loss of a California Register eligible structure...". We agree with this point. This massive, dense, architecturally disjointed commercial hotel project is not a fit in our neighborhood. We hope you will listen to and positively react to our substantiated facts, anddo the right thing by acknowledging that these two commercial hotels will have a significant detrimental, negative impact on our neighborhoods and that you will deny approval of thisproject. Joan Beit-ZuriGreenhouse 1 Sent from my iPhone From:Esther Nigenda To:Sheldon Ah Sing Cc:arb@cityofpalo.org; Council, City Subject:Comments on EIR for 744-750 San Antonio: Marriott Hotel Project Date:Monday, May 8, 2017 7:02:31 PM Dear Mr. Ah Sing, I am puzzled by the 744 -750 San Antonio Road DEIR (03-21-17). Page 7 says, “The projectproposes to . . . construct two, five-story hotel buildings with shared amenity facilities and two levels of below-grade parking. Page 15 of the same document states: “The proposed projectwould require excavation to approximately 20 feet below grade to construct one level of below-grade parking. So which is it? One level or two levels? Meanwhile, the Geotechnical Report (Appendix E of the DEIR) refers to one-levelunderground construction (see Appendix E Project Description, page 1 and all other references to underground construction) throughout. The current DEIR does NOT support a 2-level garage as it explicitly says, Appendix E, p. 15,“Please note there are some significantly thick, relatively clean sand layers below a depth of about 20 feet that will generate a significant volume of water. If possible not penetrating intothose layers with the dewatering wells is desirable . . . Provided that draw down of groundwater is limited to a maximum depth of 18 feet below existing site grades (i.e. about 10feet below current ground water levels), settlement [of adjacent improvements and structures] due to dewatering should be low.” Additionally Appendix E, page 4 says, “Historic high groundwater is mapped at about 5 feetbelow the existing ground surface in the site area.” The DEIR/Geotechnical Report does not address the impacts of sea level and groundwater level rise due to climate change. In view ofthe high water table at this location, I believe these impacts should be addressed in this project’s EIR. Current dewatering regulations (5-4-17) state that when dewatering is needed, applicants arenow required to verify the anticipated drawdown curve with a pump test using actual wells and that the pumping rate and total amount of water to be pumped out is limited to thatdetermined during the verification. The DEIR needs to be updated to incorporate these requirements. In summary, this DEIR does not support the currently proposed project with a 2-level garage,does not address the impacts of climate change to this project, does not meet the new dewatering regulations and it does not address the environmental impacts of the scale ofdewatering needed at this location. Thank you for considering my comments, Esther Nigenda, Ph.D. From:Architectural Review Board To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Sheldon Ah Sing Subject:FW: Comments on EIR for 744 San Antonio Road proposal Date:Monday, May 15, 2017 5:58:59 AM Attachments:744SanAntonioEIRComment.docx From: Kyle [mailto:pikapika2@att.net] Sent: Sunday, May 14, 2017 8:44 PMTo: Council, City; SAhsing@m-group.us; Architectural Review BoardSubject: Comments on EIR for 744 San Antonio Road proposal May 14, 2017 Dear City Council, City Planner Ah Sing, and ARB members, I quite recently learned about the Mariott hotel building project proposed for 744-750 San Antonio Road. Although it is a few days past the deadline, thought I would submit my comments regarding the Environmental Impact Report anyway. Summary of my points: · The proposed setback is much too small for the three to five story buildings in that local area. The proposed buildings’ height and size greatly exceed that of neighboring structure in that mixed-use block of San Antonio Road. · The EIR fails to mention the nearby ‘Castro mound’, a significant archaeological and cultural site of the Ohlone people. · The EIR makes a claim that the noise impact from the increase in traffic is “not anticipated to increase substantially.” The document cited as support contains no analysis of noise levels, so the claim is at best unsupported, at worst, fabricated. · Existing outdoor noise levels at single family residences adjacent to San Antonio Road on San Antonio Drive are about 70 dB, according to the noise contour map of the Comprehensive Plan. (70 dB is over 31 times louder than 55 dB, the ‘normally acceptable’ outdoor noise level.) San Antonio Drive is one of the few single family residence area along the primary commercial route from 101 into Palo Alto and neighboring areas. Can the city study of this noise problem and provide a reasonable mitigation for the single family residences? I have attached a Word document containing my comments. Best regards, Kyle Kashima San Antonio Drive From:Gitelman, Hillary To:Sheldon Ah Sing Subject:FW: HOTEL NO / HOUSING YES Date:Monday, May 8, 2017 10:17:52 AM For your file Hillary Gitelman | Planning Director | P&CE Department 250 Hamilton Avenue | Palo Alto, CA 94301 T: 650.329.2321 |E: hillary.gitelman@cityofpaloalto.org Please think of the environment before printing this email – Thank you! From: Ralph Cahn [mailto:ralphgc66@gmail.com] Sent: Thursday, May 04, 2017 4:36 PMTo: Council, CitySubject: HOTEL NO / HOUSING YES Dear Palo Alto City Council Membersl, My wife and I are homeowners and live in our home at The Greenhouse on San Antonio Road.Please do not approve the 2 hotels Marriott wants to build here. Designate the space for badly needed housing. It's one area in Palo Alto where more housingis welcome. Please don't add 294 (already-awful traffic) hotel rooms on this busy street. The commute time traffic statistics Marriott provided are fake news. There are already hotels going up like crazy in Palo Alto.Please! thank you, Ralph Cahn777-119 San Antonio Road (Treasurer, PAGHOA )ralphgc66@gmail.com phone: 650 858.1012 From:thomas irpan To:city.council@cityofpaloalto.org; Sheldon Ah Sing; arb@cityofpaloalto.org Cc:Joan Larrabee Subject:Fwd: Greenhouse II & huge hotels Date:Monday, May 15, 2017 12:32:09 PM To: Mayor, City Council, City Planner, Architectural Review Board. We agree with our neighbor Joan that the proposed hotels have negative impact to our living environment. Boutique small hotel might work best for our neighborhood. Thomas Irpan Resident of Greenhouse II unit #7 Sent from my iPhone From:thomas irpan To:Council, City; Sheldon Ah Sing; Architectural Review Board Cc:Joan Larrabee Subject:Fwd: Greenhouse II & huge hotels Date:Monday, May 15, 2017 12:32:46 PM To: Mayor, City Council, City Planner, Architectural Review Board. We agree with our neighbor Joan that the proposed hotels have negative impact to our living environment. Boutique small hotel might work best for our neighborhood. Thomas Irpan Resident of Greenhouse II unit #7 Sent from my iPhone From:A Hilton To:Sheldon Ah Sing Subject:Fwd: Marriott Hotels on San Antonio Rd. Date:Tuesday, May 9, 2017 4:52:18 PM This email came back to me as not delivered. I'm am attempting so send it again. ---------- Forwarded message ---------- From: A Hilton <annettehilton99@gmail.com>Date: Sun, May 7, 2017 at 1:19 PM Subject: Marriott Hotels on San Antonio Rd.To: sahsing@mgroup.us Cc: sahsing@m-group.us May 7, 2017 I am writing to be on record as opposing the proposal for two Marriott Hotels on San Antonio Road in Palo Alto. The DEIR for this project is outdated and therefore not correct. * The drawings on p 7 of the April 6, 2017 handout show tall trees on the median strip. Thecity removed all of those trees a few years ago, and put in small plants, so there is nothing to lessen the view of two 5-story hotels or the noise associated with them. * The traffic report is also incorrect as we now have many Google commute buses using SanAntonio Road in addition to all truck traffic off 101. Trucks cannot use the other Palo Alto off- ramps from 101. There are over 200 residential units on the ONE San Antonio block betweenMiddlefield and Leghorn. The signal lights at both Middlefield & Leghorn/San Antonio are already backed up on a regular basis. * Greenhouse I and II condominiums are two-stories, not three as stated in the April 6 staffreport. Was that misprint given to indicate that two 5-story hotels would not be that much taller than what is already on the block? * On p.13 of the April 6 report, it states that the intersection of San Antonio & Middlefield is"within a designated walking route for Hoover Elementary" school. In fact, the intersection is also within the walking route of Fairmeadow, Greendell , JLSMiddle School, and two private schools in the area. I have other concerns about this dense project; however, the traffic issue alone should disqualify the two proposed hotels from being built.Thank you, A. Hilton765 San Antonio Road Palo Alto From:Joan Larrabee To:Sheldon Ah Sing Cc:Council, City; Architectural Review Board Subject:Comments on 744-750 San Antonio Road DEIR Date:Tuesday, May 9, 2017 3:42:24 PM Dear Mr. Sheldon Ah Sing, The Environmental Impact Report Draft for the proposed Marriotts Hotels is incomplete, inadequate and may be challenged on several key points. SOILS AND WATER, APPENDIX H, SECTION 3 The soils and water studies were only conducted at 744 San Antonio Road. None were made at the adjoining parcel 748-750 where the Courtyard by Marriott is planned. This parcel, almost an acre, is even closer to the San Francisco Bay and has a lower elevation, The study was completed two years ago, in 2015, prior to one of the wettest rainy seasons on record. Palo Alto received almost 30 inches of rain in the 2016-2017 winter, almost 200% of normal. Even so, during the drought, water was observed during the survey at only 7.5 feet below grade. In historically wet years, water would be found only 4.5 feet below grade, according to the engineers doing the survey. The soils and water studies need to be redone. The excavation and dewatering of such a magnitude, as to provide two levels of underground parking, would affect the lateral support of the adjoining properties. The work could also affect the lateral support of San Antonio Road itself. San Antonio Road has storm and sanitary sewers, phone and computer lines, electrical and gas lines underground, for South Palo Alto and communities to the west. During the heavy rains this winter, these utilities were affected. None of this was reported in the DEIR and needs to be addressed. TRAFFIC ANALYSIS, APPENDIX I Table 3, titled "Existing Level of Service," shows that the intersections of San Antonio/Charleston and San Antonio/Middlefield near the proposed hotels to be level of service D during the evening peak traffic. And these Levels of Service (LOS) were determined in September, 2012, almost FIVE years ago. More traffic congestion now! The engineers observed traffic conditions and saw that it often took two cycles of the signals to clear the intersections, that traffic overflowed the left turn pockets. "Level of Service represents an average of all movements at an intersection. Thus, if one movement is congested, but other movements do not experience lengthy delays, the average level of service can be acceptable." So, in other words, the heaviest movements might actually be as low as E or F now, "unacceptable by most drivers." As the proposed hotels are mid-block, turning movements at the above intersections will be required for access and egress. The authors of the DEIR ignored the City of Palo Alto's Engineering and Traffic Surveys for San Antonio Road, from the East City Limit Line to Alma Street. In all three sections, the primary land use is residential, schools, churches and small businesses. And the section from Charleston to the East City Limit has twice the accident rate of similar streets in California. ALTERNATE USES FOR THE PROPERTY The land use along San Antonio Road is primarily residences: single-family homes, condominiums, townhouses, apartments and senior housing at Oshman Family Jewish Community Center. There are schools, a church, and businesses. We prefer to see the primary land use, residential, continue. Incorrectly, the DEIR states that there is no transit service near the property and therefore housing should be located near the California Avenue and University Avenue Caltrain Stations, not at 744-750 San Antonio Road. 3.10.2.8 HOWEVER, the Caltrain Station at San Antonio and Alma is listed as traffic mitigation for the hotels. It is pointed out that during the weekdays, there are "20-30 minute head ways during the AM and PM commute hours and 60- minute headways midday, at nights, and on weekends." So, yes, there is transit. OSHMAN FAMILY JEWISH COMMUNITY CENTER 3921 Fabian Way, Palo Alto, 0.3 miles away, is mentioned several times as a reason to allow the two five-story hotels. Oshman provides senior residences, cultural activities and services to the community and is called "six stories tall." Access to the Center is on Fabian Way, north of the Center, not on San Antonio Road. The main egress is also on Fabian Way, not on San Antonio. There is a little-used exit onto San Antonio. It has its own acceleration lane and does not in any way impede traffic. The Center is an excellent neighbor to all of Palo Alto and does not cause any concerns. All construction activities for the Center came in from Fabian Way, not from San Antonio Road. CONSTRUCTION HOURS 2.3.3.3 The DEIR states it would be acceptable to close one lane of the four-lane San Antonio Road from 9:00 am to 4:00 pm, Mondays through Saturdays. This is totally unacceptable to anyone traveling on San Antonio Road. CONCLUSION The Environmental Impact Report for the two hotels proposed for 744-750 San Antonio Road is incomplete, unacceptable and often inaccurate. It should not be certified. Joan Larrabee 777 San Antonio Road, Palo Alto, CA 94303 From:Lu Lu To:Architectural Review Board; citycouncil@cityofpaloalto.org Subject:Comments on EIR on Marriotts / AC Hotels project Date:Wednesday, April 5, 2017 1:43:21 PM Dear ARB / City Council members, My name is Lu Lu and I'm a resident in Greenhouse II. I have some questions/concerns regarding the Traffic Impact Analysis in the EIR on Marriotts / AC hotels project: 1. In the report, on page 16, in the "project trip generation under existing conditions" table, it estimates that there will be 1672 trips generated by the hotel per day. In which 1522 trips are generated by guests. However, among these 1522 trips, only 107+108=215 trips are considered to be morning peak + evening peak trips, which is <15% of all the trips. This number sounds too small to me. Palo Alto is not a tourists destination, I would expect most of the guests are business travelers coming to visit the companies nearby and most of they will follow the regular commuting travel patterns and leave / return during peak hours. The trip estimation is the foundation of the analysis, all of the conclusions are based on the assumption that only 215 peak hour trips will be made by the guests in a day, which IMHO is far from the reality. The trip patterns in other hotels in Palo Alto / Mountain View area should be used to estimate the morning / evening peak trips instead of the generalized trip rate estimation guidelines. 2. The report mentioned in multiple places that the Intersection Levels of Service analysis shows that all study intersections would continue to operate at acceptable levels during both AM and PM peak hours. I understand that this refers to some "standard" manuals and tables. However, these manuals are simplified for convenience and generalization purposes. IMHO we should not just blindly refer to these hard numbers/methodologies and pretend to not see the reality. For example, all residents in this area know how bad the traffic is during peak hours in the San Antonio & Middlefield road intersection. The numbers show that there is a 50/37 sec delay in the intersection during peak hours (with 2015 data for morning peak and 2012 data for evening peak, I believe the number is much worse today). Note that this is the average delay across all directions / lanes. The delay on the more crowded direction / lanes are much worse. This is something else I feel too simplified in the standard: we use the average delay to decide the service level rather than the maximum delay. Based on this standard, drivers in the most crowded direction have to bear with huge delay just because the other lanes have much less car and we use average number to tell them it's "acceptable". Need further research, but friends in relevant areas told me there have been studies about these Intersection Levels of Service methods not being to reflect the reality and these methods have already been phased out in many places. In summary, the report is based on very questionable fundamental trip estimations and the standard the report is referring to is so low that makes me sad. We can't make Palo Alto a better place if our rules and standards believe the traffic condition in one of the most congested area in the city is acceptable and it's OK to be worse. Thanks, -- Lu Lu From:patricia markee To:Joan Larrabee; Architectural Review Board; Sheldon Ah Sing Subject:Re: Marriott Hotels" Proposed Site, San Antonio Road, Before & After Date:Tuesday, April 4, 2017 4:47:36 PM Dear arb, Joan and Sheldon, I have written many departments in the city about this proposed construction. All to no avail, as the paperwork process has continued by leaps and bounds without my being notified; in fact, I wasn't notified this time but Greenhouse II was; now I think I understand why the paperwork has made such leaps and bounds: the first picture below is a lie; it resembles nothing that I see on the other side of my street, 777 San Antonio. I have walked that block many times and it's all business construction. I have not seen so many trees on that side of the street for at least 30, if not, 40 years. What worries me is why have they disguised this street? What do they hope to gain? I figured they must be smarter than that to expedite the paperwork in a way that none of us in this condo were notified. I guess they are not so smart, so my conclusion is--I hate to say it--that they are carefully insinuating money into the city. I browsed the environmental report, which states that there would be no noticeable impact on traffic. Huh? Two large 5-story hotels have no noticeable impact on traffic? The traffic on San Antonio has increased considerably since the construction of apartment houses and businesses where Sears used to be: San Antonio and El Camino Real. To get into my condominium complex I usually have to wait two light cycles now: one to get into the left turn lane and the 2nd to turn left, sometimes even three. With this construction, I'll bet that I'll have to wait three light cycles regularly to make that left. Unless the city extends the left turn lane. Anybody want to take that bet??? Sincerely, Patricia M. Markee From: Joan Larrabee <joan.larrabee@att.net> Sent: Tuesday, April 4, 2017 9:02 PM To: thomas irpan; penny proctor; patstarrett; janet kahle; Thomas Shou; Susie Mitchell; Sheldon Ah Sing; Sandra Chinoporos; Richard & Barbara; Ralph Cahn; Phyllis The'; Patricia Markee; Matt Hengehold; Lu Lu; John F Petrilla; Joan Beitzuri; Edith Large; Dixie Storkman; Carole Steger; A P Wegner; simucom@earthlink.net; robhsiang@yahoo.com; ritavrhel@sbcglobal.net; ncmartin@comcast.net; mbauriedel@ursu.com; lbach@edtg.com; jlee1@dailynewsgroup.com; dtottingham@gmail.com; alex@pavineyard.org; kirk miller; brenthan01@gmail.com; huijuan.lu@hotmail.com; Pete Gradowski; cbrosnan@yahoo.com Subject: Marriott Hotels' Proposed Site, San Antonio Road, Before & After Looking northeast to 744-750 San Antonio Road. Top photo is existing condition. Bottom photo is the developer's conception of the two Courtyard by Marriott and AC by Marriott Hotels. They say that the "Visual character degradation would be less than significant." Do you believe that? Is that what you see? What do you think? Please express your concerns and views about the proposals to the Mayor and City Council, the Architectural Review Board, and Contract City Planner Sheldon Ah Sing: Citycouncil@cityofpaloalto.org arb@cityofpaloalto.org Sheldon Ah Sing (408) 340.5642 SAhsing@m-group.us Attend the ARB Meeting Thursday morning, April 6, in the Palo Alto City Council Chambers. Thank you! Joan Larrabee Greenhouse One Sent from my iPad From:patricia markee To:Council, City; Sheldon Ah Sing; Architectural Review Board; joan.larrabee@att.net; Michelle Hogan Subject:Marriott hotels on San Antonio Date:Wednesday, May 10, 2017 9:35:39 AM I am deeply concerned about the Marriott proposal for two hotels on San Antonio in South Palo Alto. These 5-story hotels might be an eyesore in our neighborhood. Directly across the street, the Greenhouses are hidden behind walls and trees. The rest of the neighborhood consists of one to two-story businesses, condos, single family homes, schools, community centers, a park, and a daycare center. The Jewish Community Center, a multi-storied residence and community center, is on the edge of the community, next to 101. Marriott's report on future traffic states: no impact. I guess their 294+ guests plus employees, including valets, are going to walk. This proposal would bring at least 294 transients into our neighborhood on a daily basis, placing our safety and that of our possessions in jeopardy. Residences would create a more appropriate growth of our neighborhood and help to meet Palo Alto's housing needs, Marriott could place its hotels in the commercial area on the corner of San Antonio and El Camino Real. Sincerely, Patricia Markee The Greenhouse Palo Alto From:Ralph Cahn To:Sheldon Ah Sing Cc:Council, City; Architectural Review Board Subject:Marriott Report Draft Date:Wednesday, May 10, 2017 11:57:38 AM Dear Mr. Ah Sing, The Marriott hotels application and EIR for ARB is deceptive, misinterpreting or omittingvital information; the project does not meet needs of the local community or appropriate goals of the City. It should be disapproved. The Primary Issue -- Housing Regardless of zoning, the overwhelming use of the affected area is Residential. San Antonio Road in the Palo Alto City area from 101 to Alma includes the longstanding PC PlannedResidential Communities Palo Alto Greenhouses I and II (228 homes), as well as the recently built JCC/Oshman complex (hundreds of condo/apartment homes), and condo property southof Middlefield. In addition, there are numerous single-family homes just off of Middlefield. The residential nature of the area is further evident given the two schools (Hauser K-8 andAthena Accademy), a religious institution, local garden center, Cubberly and local grocery stores and public transportation on, or within easy walking distance from San Antonio. The imposition of overwhelming, 5 story 294 room hotels (squeezed onto less than 2 acres of land) in the midst of the area where no such imposing development exists, will change thenature of the surroundings for the worse and forever! It will presage further traffic-drawing development of the same ilk and will not meet the more important housing needs of the City.San Antonio Road is residential – permanent residential housing is what should occur here. Traffic impacts Residents on San Antonio far more than the EIR indicates. The Charleston/San Antonio intersection, with heavy traffic from west and east; the Middlefieldintersection, always challenging, and the steady stream of cars exiting 101 all flow on San Antonio in both directions, day and night. The studies showing otherwise are out of date andtherefore misleading. The location of the proposed hotels is such that San Antonio – Leghorn U turns would benecessary for those wishing to go from the hotels to El Camino locations, and U turns at Middlefield for those driving south on San Antonio to reach the hotel from 101, thus many ofthe individual trips would include travel on both sides of San Antonio. Adding >1200 trips per day in and out; significantly more by contractors, employees and service providers onto anovercrowded road exaggerates the problem. Conclusion. The proposal should be denied. Future development should continue the existing residential nature of the area: single-family homes, town houses, condominiums. Ralph Cahn 777 – 119 San Antonio Road Palo Alto, CA 650.858.1012 -- From:R C To:city.council@cityofpaloalto.org; Sheldon Ah Sing; arb@cityofpaloalto.org Subject:Note: Support the Proposed Marriott Hotels on San Antonio Road Date:Tuesday, May 9, 2017 8:55:51 PM I am a resident and a business owner in Palo Alto and I fully support the construction of two Marriott hotels on San Antonio Road. I own a commercialbuilding and a condo close to the proposed site. I believe that the hotels would bring in more job opportunities further strengthening the financialposition of the City of Palo Alto (producing income/funds which can be used to create a sustainable neighborhood). The proposal would also establisha more attractive developed area, much better than its current state. I welcome responsible development of the site and hope that the proposal will beconsidered for approval. Rachelle Cagampan From:Molly Kawahata To:Sheldon Ah Sing Subject:Opposition to Proposed Hotels on Middlefield and Leghorn in Palo Alto Date:Friday, May 12, 2017 4:08:14 PM Dear Mr. Sheldon Ah Sing: I am writing to express my opposition to the two proposed hotels on San Antonio Road between Leghorn and Middlefield Road. This is something that will not be good for theneighborhood or community feel of Palo Alto, and will be particularly harmful to the environment, which is something many of us are very passionate about conserving andprotecting. Please do the right thing for the community and environment. Thank you, Molly Kawahata 384 Calcaterra PlacePalo Alto, CA 94306 (650) 387-6088 From:Chris Brosnan To:ncmartin@comcast.net; Larrabee, Joan Cc:thomas irpan; penny proctor; patstarrett; Kahle, Janet; Thomas Shou; Mitchell, Susie; Sheldon Ah Sing; Sandra Chinoporos; Richard & Barbara; Ralph Cahn; The", Phyllis; Patricia Markee; Lu Lu; John F Petrilla; Beitzuri, Joan; Edith Large; Dixie Storkman; Carole Steger; A P Wegner; simucom@earthlink.net; robhsiang@yahoo.com; ritavrhel@sbcglobal.net; mbauriedel@ursu.com; jlee1@dailynewsgroup.com; Tottingham, Dean; alex@pavineyard.org; kirk miller; brenthan01@gmail.com; huijuan lu; Gradowski, Pete Subject:Re: Marriott Hotels" Proposed Site, San Antonio Road, Before & After Date:Monday, April 17, 2017 2:51:27 PM Ugh, I'm upset I missed the meeting. Can anyone please fill me in on what happened there? On Tuesday, April 4, 2017 6:12 PM, "ncmartin@comcast.net" <ncmartin@comcast.net> wrote: Hi All- I have been out canvassing the businesses in the area to get support for no hotels and representation at the ARB meeting. Dave from Hengehold will be there Thurs. Unfortunately Larry Bach is on vacation in Europe. I spoke with his assistant and suggested that she ask him to send an email. He would be greatly negatively affected by the hotels and supports a NO on hotels. I got the name andphone number of the owner of the buildings where the market, PA Plumbing, etc are located. He refused to sell to the developers back when this deal was being put together because his tenants had been with him for 30+/- years. I called him and left a message. I talked with tenants in his buildings and asked them to send emails as business owners. Sherman still owns the building where The Car Doctors are located. Gary will call him to get him to send emails or come to the meeting. Summer Winds is own by investors in Idaho and is up for sale. If it is sold, Summer Winds will have a 20 year lease. Info for email or protest will be passed on to the owners. I talked with several employees of businesses where the owner was not on site; but they will pass the info onto the property owners. Many other business owners who don't own their buildings will contact their property owners; several of whom are big corporations. Bad news is that the 2 buildings next to Mechanica on the corner were bought by Google. Larry's Autoworks also sold to Google...a major future problem. Everyone on Leghorn complained about the traffic there and the parking problems due to people parking all day for the Genentech bus . And on and on and on. I think our best approach is to push for housing as opposed to the hotels. All the business in the buildings affected have closed and/or moved. Seems to me building something is pretty much a done deal. We can fight the EIR; but compromise would be for housing. Let's go for them. Nancy From: "Joan Larrabee" <joan.larrabee@att.net> To: "thomas irpan" <thomasirpan@gmail.com>, "penny proctor" <pennyproctor@comcast.net>, "patstarrett" <patstarrett765@comcast.net>, "janet kahle" <JNTKL77@yahoo.com>, "Thomas Shou" <thomasshou@yahoo.com>, "Susie Mitchell" <s_mitchell07@comcast.net>, "Sheldon Ah Sing" <SAhsing@m-group.us>, "Sandra Chinoporos" <grecoiberian@gmail.com>, "Richard & Barbara" <urandab@sbcglobal.net>, "Ralph Cahn" <ralphc66@sbcglobal.net>, "Phyllis The'" <pst54@comcast.net>, "Patricia Markee" <pmmarkee@hotmail.com>, "Matt Hengehold" <matt@htrucks.com>, "Lu Lu" <apollu07@gmail.com>, "John F Petrilla" <john.petrilla@foit-foxconn.com>, "Joan Beitzuri" <joan.beitzuri@comcast.net>, "Edith Large" <edielarge@gmail.com>, "Dixie Storkman" <DStorkman@aol.com>, "Carole Steger" <carolesteger@gmail.com>, "A P Wegner" <apwegner@aol.com>, simucom@earthlink.net, robhsiang@yahoo.com, ritavrhel@sbcglobal.net, ncmartin@comcast.net, mbauriedel@ursu.com, lbach@edtg.com, jlee1@dailynewsgroup.com, dtottingham@gmail.com, alex@pavineyard.org, "kirk miller" <captkirk@sfbaysail.com>, brenthan01@gmail.com, "huijuan lu" <huijuan.lu@hotmail.com>, "Pete Gradowski" <pgradowski@gocompass.com>, cbrosnan@yahoo.com Sent: Tuesday, April 4, 2017 2:02:20 PM Subject: Marriott Hotels' Proposed Site, San Antonio Road, Before & After [image/jpeg:FullSizeRender.jpg] Looking northeast to 744-750 San Antonio Road. Top photo is existing condition. Bottom photo is the developer's conception of the two Courtyard by Marriott and AC by Marriott Hotels. They say that the "Visual character degradation would be less than significant." Do you believe that? Is that what you see? What do you think? Please express your concerns and views about the proposals to the Mayor and City Council, the Architectural Review Board, and Contract City Planner Sheldon Ah Sing: Citycouncil@cityofpaloalto.org arb@cityofpaloalto.org Sheldon Ah Sing (408) 340.5642 SAhsing@m-group.us Attend the ARB Meeting Thursday morning, April 6, in the Palo Alto City Council Chambers. Thank you! Joan Larrabee Greenhouse One Sent from my iPad From:Jiniko Martinez To:Christina McCandless Cc:Architectural Review Board; Lori Lehr-Wiens; eugene.vinsky@live.com; Anupam Joshi anupamjo@gmail.com; Pat Wegner; Jana Jenkins Subject:Re: P.A. City Staff Report # 7846 / Marriott Hotel Project - AGAINST Date:Thursday, April 27, 2017 1:16:17 PM Wow, a LOVELY letter! Jiniko~ On Thu, Apr 27, 2017 at 10:14 AM, Christina McCandless <cmccandless@principleam.com>wrote: Please find attached a letter regarding the Marriott Hotel Project on behalf of the 88homeowners located at 765 San Antonio Rd, Palo Alto, all of whom would be affected by this inappropriate hotel. Please take our letter into consideration as you make a decision about this hotel on ourbehalf. Thank you Christina McCandless, CCAM, CMCA President/CEO Principle Association Management, Inc. East Bay Office 39 California Ave., Suite 108 Pleasanton, CA 94566 San Francisco Office 888 7th Street San Francisco, CA 94107 Direct. 925.401.7037 Ext. 700 Toll Free. 888.747.5548 www.PrincipleAM.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the individual or entity to whom it is addressed. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution, dissemination or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, by forwarding this to cmccandless@principleam.com, or by telephone at (888) 747-5548, and delete and destroy the original transmission and its attachments without duplicating or saving in any manner. Thank you for your cooperation. From:Dennis Clark To:Council, City Subject:San Antonio Road hotels Date:Tuesday, May 16, 2017 10:18:33 AM Please do not allow hotels to be built on San Antonio at Middlefield. Traffic is already horrible on San Antonio ALL DAY LONG. I have lived nearby for over 30 years and have watched traffic just get worse and worse. These however many hundred room Marriots will produce gridlock. I understand the need for housing which has made Palo Alto’s traffic bad, but we don’t need more hotels. Dennis Clark 4077 Ben Lomond Dr Palo Alto From:Josette Lin To:Council, City Subject:Two New Hotels on San Antonio Rd Date:Tuesday, May 16, 2017 7:51:33 AM Mr. Mayor & City Council Members, We are writing to protest the building of 2 new hotels on San Antonio Rd between Leghorn and Middlefield. Apparently you do not travel frequently on this stretch of San Antonio Rd. The whole area is already so congested. Having two 5 story hotels will make traffic even worse. There are already a Hilton and a Marriott close by on El Camino Real. How many hotels does Palo Alto need in this part of the city? We urge you to consider VERY carefully and prudently. Please focus on the impact of such an addition. Thank you for your attention. Josette Lin 4223 Briarwood Way Theresa Chin 4288 Briarwood Way Sent from my iPad From:Filippo Radicati To:Council, City Subject:Proposed Plan for 2 Marriott Hotels on San Antonio Road Date:Sunday, May 28, 2017 5:30:42 AM I am writing to voice my strong opposition to the proposed construction of TWO hotels on San Antonio Road at 744 and 748. I am a resident of The Greenhouse complex, just across the road from the proposed site. I know first hand the existing traffic conditions, which the presence of two large hotel structures can only make worse. San Antonio Road is currently at maximum capacity during peak traffic hours and in the middle of the day. Please DO NOT approve the above projects to go further and make life for residents worse than it is now. I am a concerned resident and I vote. Respectfully, Filippo Radicati 777 San Antonio Road, Apt. 20 From:Joan Beitzuri To:Sheldon Ah Sing Cc:city.council@cityofpaloalto.org; Arb@cityofpaloalto.org; Planning.Commission@CityofPaloAlto.org Subject:What happened to our EIR Inputs? Date:Monday, May 29, 2017 7:29:02 PM RE: 744 - 750 San Antonio Road - Marriott Hotels Hi Sheldon, What happened to all the EIR reply emails we sent in to the ARB, City Council, Planning Commission and you within the specified submission deadline? We have not heard back from anyone. We only got an automatic reply that the City receivedour emails. Is it part of the process when we submit responses to the EIR to at least receive acknowledgment from the City that they either agree or disagree with our specific inputs? Ifso, why? In our email replies, we presented the City with factual and legitimate data that contradicts the EIR's findings that this massive project will pose "no significant impact" to our neighborhood. As an example, LuLu's April 5th email analyzes the traffic and the data that the EIR used fortheir traffic report. As a result of this analysis, it questions the validity of the EIR's findings that traffic poses "no significant impact" if this project is approved. Did the City/Staff reviewthis important information? Did they then question whether in fact this EIR Traffic conclusion is valid?We should be given this information. The decisive June 1st ARB meeting is coming up this week. It is our understanding that at this meeting the ARB can make the decision whether or not to grant permission for the demolitionof 744 and 748 San Antonio Road as well as construction of these 2 hotels. Not getting any feedback from the City, we the residents of Palo Alto, have no idea if we are being represented here. If in fact the EIR has not been finalized and approved by the City, howcan the City allow the ARB to make any decisions related to this project? We hope the City is not ignoring the legitimate concerns of Palo Alto residents that this massive hotel is not a fit in our neighborhood, because they favor the hotels as a high yieldingrevenue source for the City? We would appreciate a reply before the June 1st ARB meeting. Thank you, Joan Beit-ZuriGreenhouse I From:Keith Bennett To:Sheldon Ah Sing; arb@cityofpalo.org Cc:Esther Nigenda; ritavrhel@sbcglobal.net; Joan Larrabee Subject:Re: Save Palo Alto"s Groundwater Comments on the Marriott Hotel EIR Date:Monday, May 29, 2017 10:52:21 AM Sheldon,Thank you. I looked through the Staff Report for the meeting, and found discussion of the standard Cityrequirements for dewatering, which primarily relate to disposal of the water. It's been shown in Palo Alto that use of groundwater from dewatering is negligible.. https://www.cityofpaloalto.org/civicax/filebank/documents/58033. Did I overlook the response to our comments on the analysis of the likely quantity and impactsof dewatering in the DEIR? Or, will additional documents be provided? The DEIR analysis appears to be based on a single-level underground garage, when the projectis now2-levels. In addition, the DEIR lacks any substantiation of the assumptions. Measurements of single family residential projects with single-level underground constructionhave shown significant effects hundreds of feet away. This project is far larger and deeper. Best regards,Keith Bennett On 5/28/2017 11:19 PM, Sheldon Ah Sing wrote: Hi Mr. Bennett, Thank you for your inquiry. We did receive many comments on both the project and the Draft Environmental Impact Report. We separated comments that were directed towards the EIR and those that were directed towards the project but not necessarily towards the EIR. The letter from Save Palo Alto’s Groundwater was included in the Final EIR and responded to. There are duplicates in comments in the ARB packet attachments as you have noted. We will include this letter in the batch of general comments as well. The Board will review all of the comments that were submitted as part of their review of the project (general comments and EIR comments). SHELDON S. AH SING, AICP| PRINCIPAL PLANNER M-GROUP A NEW DESIGN ON URBAN PLANNING POLICY · DESIGN · ENVIRONMENTAL · HISTORIC · ENGAGEMENT · STAFFING CAMPBELL | SANTA ROSA | NAPA | HAYWARD 307 ORCHARD CITY DR. SUITE 100 | CAMPBELL | CA | 95008 | 408.340.5642 ext. 109 M-LAB: A THINK TANK FOR CITIES: JOIN THE CONVERSATION! From: Keith Bennett [mailto:pagroundwater@luxsci.net] Sent: Saturday, May 27, 2017 2:11 PM To: Sheldon Ah Sing <SAhsing@m-group.us>; arb@cityofpalo.org Cc: Esther Nigenda <enigenda@yahoo.com>; ritavrhel@sbcglobal.net; Joan Larrabee <joan.larrabee@att.net> Subject: Fwd: Save Palo Alto's Groundwater Comments on the Marriott Hotel EIR Correction: The Responses are in Appendix F.The Public Comments are in Appendix J (our letter is not included, but should be). Dear Mr. Sing and the Architectural Review Board, Save Palo Alto's Groundwater sent the e-mail below regarding theMarriott hotel DEIR (744 - 748 San Antonio) on May 5. 1) Is the letter below included in Appendix F of the materials for theupcoming June 1 discussion of this project?? If so, could you provide the page number? I not, is there a reason this letter is not included in thematerials? 2) Several others commented on groundwater preservation issues, and thesignificant deficiency in the current DEIR, which is based upon a single story underground parking, not the 2-story underground parking currentlyplanned. Simply put, there is no way the current DEIR is accurate as the assumptions are changed. 3) Can you kindly direct us to the City's response to this issue? I received an automated response from the ARB e-mail system acknowledgingreceipt. Thank you for your consideration. Keith Bennett, Ph.D. -------- Forwarded Message --------Subject:Save Palo Alto's Groundwater Comments on the Marriott Hotel EIRDate:Fri, 05 May 2017 18:48:32 +0000From:Save Palo Alto's Groundwater <PAgroundwater@luxsci.net>Reply-To:PAgroundwater@luxsci.netTo:sahsing@m-group.us, arb@cityofpalo.org,city.council@cityofpaloalto.orgCC:enigenda@yahoo.com, ritavrhel@sbcglobal.net Comments regarding inadequacy / inaccuracies in the EIR for theconstruction of the Marriott Hotels on San Antonio Road oin Palo Alto. The following are the comments of Save Palo Alto's Groundwater on the EIR for the Marriott Hotel proposed for San Antonio Ave. in Palo Alto. There are several major deficincies. 1) If the garage is 2 stories below ground, the conclusions of the report need to be redone, as the groundwater will almost certainly be pumped tobelow 18 feet below ground surface. 2) the claim that "if the groundwater is pumped to 18 feet below ground surface, nearby settling should be low" is not substantiated, and in fact,given the 2 - 4% elasticity of the soils mentioned in the report, settling could be 1" or more on nearby properties. If Broad Area Dewatering isused, groundwater will be lowered significantly over a distance of ~1,000 feet from the boundary of the subject property. 3) Using secant (cutoff walls) should significantly reduce the amount ofgroundwater pumped and discarded, and also reduce the risks of settling / subsidence. However, cutoff walls exacerbate blockage of groundwaterflows after construction (unless specific and sufficient measures to protect flows and water storage are taken). 4) The large basement significantly reduces the volume of soil available toabsorb stormwater runoff (as required for the project). The applicant should provide a method to capture, store and slowly release on-site runoffon their own property. Bioswales (or similar) are required for the project, however, the project is not required to provide it's own storage. 5) the large impervious cross- section blocks groundwater flows,increasing flood risks and raising groundwater levels during storms. 6) Boyancy requirements should be made considering sea level rise and groundwater innudation. The current requirement of 5 feet below groundsurface is inadequate. 7) Greenhouse gas emissions for the structural mass (concrete to prevent the structure from floating in high groundwater) are not considered. 8) The impacts of climate change and sea level rise are not considered. This properly is in a low-lying area at high risk of flooding with sea level rise. Sincerely,Keith Bennett, Ph.D. --Save Palo Alto's GroundwaterPAgroundwater@luxsci.net -- Keith Bennetthttp://savepaloaltosgroundwater.org From:Keith Bennett To:Sheldon Ah Sing; arb@cityofpalo.org Cc:Esther Nigenda; ritavrhel@sbcglobal.net; Joan Larrabee Subject:Fwd: Save Palo Alto"s Groundwater Comments on the Marriott Hotel EIR Date:Saturday, May 27, 2017 12:04:16 PM Dear Mr. Sing and the Architectural Review Board, Save Palo Alto's Groundwater sent the e-mail below regarding the Marriott hotel DEIR (744 - 748 San Antonio) on May 5. 1) Is the letter below included in Appendix F of the materials for the upcoming June 1 discussion of this project?? If so, could you provide the page number? I not, is there a reasonthis letter is not included in the materials? 2) Several others commented on groundwater preservation issues, and the significantdeficiency in the current DEIR, which is based upon a single story underground parking, not the 2-story underground parking currently planned. Simply put, there is no way the currentDEIR is accurate as the assumptions are changed. 3) Can you kindly direct us to the City's response to this issue? I received an automatedresponse from the ARB e-mail system acknowledging receipt. Thank you for your consideration. Keith Bennett, Ph.D. -------- Forwarded Message --------Subject:Save Palo Alto's Groundwater Comments on the Marriott Hotel EIRDate:Fri, 05 May 2017 18:48:32 +0000From:Save Palo Alto's Groundwater <PAgroundwater@luxsci.net>Reply-To:PAgroundwater@luxsci.netTo:sahsing@m-group.us, arb@cityofpalo.org, city.council@cityofpaloalto.orgCC:enigenda@yahoo.com, ritavrhel@sbcglobal.net Comments regarding inadequacy / inaccuracies in the EIR for the construction of the Marriott Hotels on San Antonio Road oin Palo Alto. The following are the comments of Save Palo Alto's Groundwater on the EIR for the MarriottHotel proposed for San Antonio Ave. in Palo Alto. There are several major deficincies. 1) If the garage is 2 stories below ground, the conclusions of the report need to be redone, as the groundwater will almost certainly be pumped to below 18 feet below ground surface. 2) the claim that "if the groundwater is pumped to 18 feet below ground surface, nearbysettling should be low" is not substantiated, and in fact, given the 2 - 4% elasticity of the soils mentioned in the report, settling could be 1" or more on nearby properties. If Broad AreaDewatering is used, groundwater will be lowered significantly over a distance of ~1,000 feet from the boundary of the subject property. 3) Using secant (cutoff walls) should significantly reduce the amount of groundwater pumpedand discarded, and also reduce the risks of settling / subsidence. However, cutoff walls exacerbate blockage of groundwater flows after construction (unless specific and sufficientmeasures to protect flows and water storage are taken). 4) The large basement significantly reduces the volume of soil available to absorb stormwater runoff (as required for the project). The applicant should provide a method to capture, storeand slowly release on-site runoff on their own property. Bioswales (or similar) are required for the project, however, the project is not required to provide it's own storage. 5) the large impervious cross- section blocks groundwater flows, increasing flood risks andraising groundwater levels during storms. 6) Boyancy requirements should be made considering sea level rise and groundwater innudation. The current requirement of 5 feet below ground surface is inadequate. 7) Greenhouse gas emissions for the structural mass (concrete to prevent the structure fromfloating in high groundwater) are not considered. 8) The impacts of climate change and sea level rise are not considered. This properly is in a low-lying area at high risk of flooding with sea level rise. Sincerely,Keith Bennett, Ph.D. --Save Palo Alto's GroundwaterPAgroundwater@luxsci.net From:Maria Kossenko To:city.council@cityofpaloalto.org; Sheldon Ah Sing Subject:Two Proposed Marriott Hotels Date:Monday, May 29, 2017 1:57:08 PM Hello, My name is Maria Kosenko, and my mother and I have been Palo Alto residents for 14 years. We live in the Greenhouse Apartments, and are entirely and strongly opposed to the construction of the two hotels on San Antonio RD at 744, 748, and 750 San Antonio Rd. San Antonio is a narrow street, which does not manage the current flow of traffic, with terribletraffic jams every day for extended periods of time. Adding these 294-room hotels would: -increase the flow, which will cause further delays -increase noise levels-increase pollution, which has already increased since the extraction of the giant pine trees on San Antonio Traffic and noise have already gotten worse since the construction of the Google Campus onSan Antonio, toward Los Altos. The construction and utilization of these hotels would have a detrimentally adverse affect on our quality of livelihood. We hope that our opinion, and the opinions of thousands of other Palo Alto residents will notfall on deaf ears. Respectfully, Maria Kosenko From:Merridee Taylor To:Sheldon Ah Sing Subject:!!! NO HOTEL(s) @ 744, 748, 750 San Antonio Road !!! HELP !!! Date:Thursday, May 25, 2017 1:43:57 PM May 25, 2017 Attn: Mayor, City Council, Architectural Review Board and City Planning Dear Sheldon Ah Sing, Proposed development of 2 hotels at 740~750 San Antonio Road - MASSIVE 5-story buildings completely out of context in a residential neighborhood and low density/light industry community. TOO MUCH ! TRAFFIC CONGESTION - NOISE - 24/7 - TIME wasted in DELAYS - blocking long VIEW The developers refer to OUR area as the “fringe” of Palo Alto and the Greenhouse as a “project”. I am a resident of Palo Alto and have lived at the Greenhouse at 777 San Antonio Road since Autumn 1974.I came to Palo Alto when my parents moved here in 1955 and I knew this area when it really was a greenhouse. I need to highlight the UNTENABLE nature of their proposal: Car/Vehicular traffic along San Antonio Road, has become and is already “bumper-to-bumper”, increasing in congestion at most hours of the day from the overpass at Alma Street all the way to 101/Bayshore Freeway. —- SUVs are backing up NE bound traffic at the Hauser School at 450 San Antonio Road, SW of Middlefield Road. Is it not at traffic violation to block the “flow” of traffic ? —- Access/Exit at the proposed hotel would force:a “U-turn” at Leghorn, increasing waiting/back-ups at the traffic light a “U-turn” at Middlefield would increase west-bound traffic on San Antonio Rd The developers have mentioned “Valet Parking” - this would be even slower movement than individual parking spaces (for which there is no room) and more back-up of waiting cars to enter and exit the “Court”. Would the Front Desk have to tell the waiting guest that it will take an extra 10 to 20 to 30 minutes for them to exit the hotel’s front drive? Once their car got onto San Antonio Road it would come to a standstill. Service vehicles - what about space for their entering, parking and exiting ? WATER — REMOVAL: CONTAMINATED water and possible land SUBSIDENCE !!!??? — consumption and usage - the developers say they would (re)use “rain-water” etc - is it not apparent it has NOT RAINED here is 4 years ? “Gray water” use by the public, at this time, is NOT an option. Our City of Palo Alto representatives need to consider LIVING here. We need to maintain our Suburban community with maximum 2-story apartments/condo/homes, some light industry within and around more park and/or open spaces. We need LESS density/congestion NOT MORE. Sincerely, Merridee Taylor From:Marlene Kawahata To:Sheldon Ah Sing Subject:Re: Date:Wednesday, May 24, 2017 4:28:50 PM > On May 24, 2017, at 4:27 PM, Marlene Kawahata <marlkawahata@hotmail.com> wrote: > > Hello > > I live in Palo Alto at 384 Calcaterra Pl, Palo Alto. I live a few blocks from San Antonio rd. I am currently effected greatly by the building going on on San Antonio. > I am amazed that Palo Alto wants to build 2 more apartments on the same road. Where will the cars go? > San Antonio is now a problem during rush hour. What will happen if Palo Alto adds to this congestion? > Where is the benefit to the current residences? > > I ask you to please reconsider the use for that property. Can’t you use the property to benefit the current residences.? > > Thank you > > Marlene Kawahata From:Architectural Review Board To:Lew, Alex; Kim, Kyu; Baltay, Peter; Gooyer, Robert; Furth, Wynne Cc:Sheldon Ah Sing Subject:FW: 744-750 San Antonio proposed development Date:Friday, May 26, 2017 10:11:10 AM From: Michelle Hogan [mailto:myhogan@comcast.net] Sent: Friday, May 26, 2017 10:06 AMTo: Architectural Review Board; Council, City; SAhsing@m-group.orgCc: joan.larrabee@att.netSubject: 744-750 San Antonio proposed development May 26, 2017 To: Architectural Review Board, City of Palo Alto: arb@cityofpaloalto.org City Council: city.council@cityofpaloalto.org City Planner: SAhsing@m-group.us Greenhouse friends and neighbors: joan.larrabee@att.net From: Michelle Hogan, Homeowner, Greenhouse II, Unit 37, 765 San Antonio Re: Development of 744-750 San Antonio [15PLN-00314] I have attended several hearings regarding the developer request to build two hotel buildings on San Antonio across the street from me. I am appalled at the thought of having two five-story, 294-room hotels across the street, for the following reasons: 1. Every building on San Antonio in Palo Alto is 1 or 2 stories—including 14 single-family homes, 2 townhome complexes totaling 80 units, 2 condominium complexes totaling 232 units, and 5 school buildings. (The Jewish Community Center is on Charleston, not San Antonio.) A 5-story commercial complex of almost 154,000 square feet seems grossly out of proportion to the rest of the street. 2. Traffic is already a nightmare on San Antonio, exacerbated by the fact that this street is the truck entrance to Palo Alto. As you know, Mountain View is in the final stages of building a 2000-seat movie complex at San Antonio Center, which is only going to add to the nightmare. We really don’t need more traffic; the street is already clogged many hours of the day. 3. In the packet distributed at the first hearing from Randy Popp, Architect, he says he has 14 support letters from businesses for the Marriott project (actually one letter and 13 pre-printed forms). There are a total of 44 small businesses on San Antonio (besides the homes and schools), and only 6 of these 44 businesses filled out the form he distributed asking for support (the rest were businesses on other streets). That’s just 13.6% of the businesses on San Antonio—not exactly resounding support, even from the business community. Most of the 326 families who live on San Antonio in Palo Alto work during the day, so aren’t able to attend the various hearings about this proposal. But I know my neighbors and I are not at all happy about the prospect of a 154,000-square-foot five-story development across the street. At the first Architectural Review Board hearing last July, I heard board members asking the developer to go back to the drawing board and tone down the size of this project. Almost a year later, it really hasn’t been done, and I hope you will continue to insist on something more in harmony with the rest of the neighborhood (no more than 2 stories high!). City of Palo Alto | City Clerk's Office | 5/30/2017 7:49 AM 1 Carnahan, David From:Joan Beitzuri <joan.beitzuri@comcast.net> Sent:Monday, May 29, 2017 7:29 PM To:SAhsing@m-group.us Cc:Council, City; Architectural Review Board; Planning Commission Subject:What happened to our EIR Inputs? RE: 744 - 750 San Antonio Road - Marriott Hotels Hi Sheldon, What happened to all the EIR reply emails we sent in to the ARB, City Council, Planning Commission and you within the specified submission deadline? We have not heard back from anyone. We only got an automatic reply that the City received our emails. Is it part of the process when we submit responses to the EIR to at least receive acknowledgment from the City that they either agree or disagree with our specific inputs? If so, why? In our email replies, we presented the City with factual and legitimate data that contradicts the EIR's findings that this massive project will pose "no significant impact" to our neighborhood. As an example, LuLu's April 5th email analyzes the traffic and the data that the EIR used for their traffic report. As a result of this analysis, it questions the validity of the EIR's findings that traffic poses "no significant impact" if this project is approved. Did the City/Staff review this important information? Did they then question whether in fact this EIR Traffic conclusion is valid? We should be given this information. The decisive June 1st ARB meeting is coming up this week. It is our understanding that at this meeting the ARB can make the decision whether or not to grant permission for the demolition of 744 and 748 San Antonio Road as well as construction of these 2 hotels. Not getting any feedback from the City, we the residents of Palo Alto, have no idea if we are being represented here. If in fact the EIR has not been finalized and approved by the City, how can the City allow the ARB to make any decisions related to this project? We hope the City is not ignoring the legitimate concerns of Palo Alto residents that this massive hotel is not a fit in our neighborhood, because they favor the hotels as a high yielding revenue source for the City? We would appreciate a reply before the June 1st ARB meeting. Thank you, Joan Beit-Zuri Greenhouse I City of Palo Alto | City Clerk's Office | 5/30/2017 7:49 AM 2 City of Palo Alto | City Clerk's Office | 5/30/2017 7:49 AM 3 Carnahan, David From:Maria Kossenko <mariavkosenko@gmail.com> Sent:Monday, May 29, 2017 1:56 PM To:Council, City; sahsing@m-group.us Subject:Two Proposed Marriott Hotels Hello, My name is Maria Kosenko, and my mother and I have been Palo Alto residents for 14 years. We live in the Greenhouse Apartments, and are entirely and strongly opposed to the construction of the two hotels on San Antonio RD at 744, 748, and 750 San Antonio Rd. San Antonio is a narrow street, which does not manage the current flow of traffic, with terrible traffic jams every day for extended periods of time. Adding these 294-room hotels would: -increase the flow, which will cause further delays -increase noise levels -increase pollution, which has already increased since the extraction of the giant pine trees on San Antonio Traffic and noise have already gotten worse since the construction of the Google Campus on San Antonio, toward Los Altos. The construction and utilization of these hotels would have a detrimentally adverse affect on our quality of livelihood. We hope that our opinion, and the opinions of thousands of other Palo Alto residents will not fall on deaf ears. Respectfully, Maria Kosenko City of Palo Alto | City Clerk's Office | 5/30/2017 7:49 AM 4 Carnahan, David From:Filippo Radicati <filipporadicati@gmail.com> Sent:Sunday, May 28, 2017 5:31 AM To:Council, City Subject:Proposed Plan for 2 Marriott Hotels on San Antonio Road I am writing to voice my strong opposition to the proposed construction of TWO hotels on San Antonio Road at 744 and 748. I am a resident of The Greenhouse complex, just across the road from the proposed site. I know first hand the existing traffic conditions, which the presence of two large hotel structures can only make worse. San Antonio Road is currently at maximum capacity during peak traffic hours and in the middle of the day. Please DO NOT approve the above projects to go further and make life for residents worse than it is now. I am a concerned resident and I vote. Respectfully, Filippo Radicati 777 San Antonio Road, Apt. 20 City of Palo Alto | City Clerk's Office | 5/30/2017 7:49 AM 5 Carnahan, David From:Michelle Hogan <myhogan@comcast.net> Sent:Friday, May 26, 2017 10:06 AM To:Architectural Review Board; Council, City; SAhsing@m-group.org Cc:joan.larrabee@att.net Subject:744-750 San Antonio proposed development May 26, 2017 To: Architectural Review Board, City of Palo Alto: arb@cityofpaloalto.org City Council: city.council@cityofpaloalto.org City Planner: SAhsing@m-group.us Greenhouse friends and neighbors: joan.larrabee@att.net From: Michelle Hogan, Homeowner, Greenhouse II, Unit 37, 765 San Antonio Re: Development of 744-750 San Antonio [15PLN-00314] I have attended several hearings regarding the developer request to build two hotel buildings on San Antonio across the street from me. I am appalled at the thought of having two five-story, 294-room hotels across the street, for the following reasons: 1. Every building on San Antonio in Palo Alto is 1 or 2 stories—including 14 single‐family homes, 2 townhome complexes totaling 80 units, 2 condominium complexes totaling 232 units, and 5 school buildings. (The Jewish Community Center is on Charleston, not San Antonio.) A 5‐story commercial complex of almost 154,000 square feet seems grossly out of proportion to the rest of the street. 2. Traffic is already a nightmare on San Antonio, exacerbated by the fact that this street is the truck entrance to Palo Alto. As you know, Mountain View is in the final stages of building a 2000‐seat movie complex at San Antonio Center, which is only going to add to the nightmare. We really don’t need more traffic; the street is already clogged many hours of the day. 3. In the packet distributed at the first hearing from Randy Popp, Architect, he says he has 14 support letters from businesses for the Marriott project (actually one letter and 13 pre‐printed forms). There are a total of 44 small businesses on San Antonio (besides the homes and schools), and only 6 of these 44 businesses filled out the form he distributed asking for support (the rest were businesses on other streets). That’s just 13.6% of the businesses on San Antonio—not exactly resounding support, even from the business community. Most of the 326 families who live on San Antonio in Palo Alto work during the day, so aren’t able to attend the various hearings about this proposal. But I know my neighbors and I are not at all happy about the prospect of a 154,000-square-foot five-story development across the street. At the first Architectural Review Board hearing last July, I heard board members asking the developer to go back to the drawing board and tone down the size of this project. Almost a year later, it really hasn’t been done, and I hope you will continue to insist on something more in harmony with the rest of the neighborhood (no more than 2 stories high!). City of Palo Alto | City Clerk's Office | 5/25/2017 7:21 AM 1 Carnahan, David From:Marlene Kawahata <marlkawahata@hotmail.com> Sent:Wednesday, May 24, 2017 4:28 PM To:Council, City Hello I live in Palo Alto at 384 Calcaterra Pl, Palo Alto. I live a few blocks from San Antonio rd. I am currently effected greatly by the building going on on San Antonio. I am amazed that Palo Alto wants to build 2 more apartments on the same road. Where will the cars go? San Antonio is now a problem during rush hour. What will happen if Palo Alto adds to this congestion? Where is the benefit to the current residences? I ask you to please reconsider the use for that property. Can’t you use the property to benefit the current residences.? Thank you Marlene Kawahata Attachment K Environmental Impact Report The project Environmental Impact Report is available on-line at the following address, which includes the Appendices. http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=3133 City of Palo Alto (ID # 7966) City Council Staff Report Report Type: Action Items Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Comp Plan Update Title: Comprehensive Plan Update: Review of the Introduction, Governance, and Implementation Sections Recommended by the Citizens Advisory Committee and Referral of the Entire Draft Comprehensive Plan Update to the Planning & Transportation Commission From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council: A. Review the draft Introduction, Governance, Implementation and Glossary sections developed by the Comprehensive Plan Update Citizens Advisory Committee (CAC), and provide comments for incorporation in to a revised draft of these sections; B. Review the summary of changes to the Transportation, Land Use, Natural Environment, Safety, and Business & Economics Elements made in response to the Council’s comments and direction on May 1, May 15, and May 22, 2017; and C. Refer the entire draft of the Comprehensive Plan Update to the Planning and Transportation Commission (PTC) for review and recommendation within 90 days of receipt of an updated draft document reflecting the Council’s direction. (Note: Tracked changes versions of the Introduction, Governance, Implementation, and Glossary sections are included as Attachments A, B, C, and D and reflect the CAC’s recommended changes to these sections of the existing Comprehensive Plan. Additional comments from the CAC are in Attachment F. A summary of the changes to the draft Transportation, Land Use, Natural Environment, Safety, and Business & Economics Elements made in response to City Council comments and direction is provided in Attachment E, along with a link to tracked-changes versions on the website. A clean draft of the Comprehensive Plan City of Palo Alto Page 2 Update dated June 1, 2017 is being provided in a separate, bound volume as noted in Attachment G. This document will be revised to incorporate the City Council’s comments on the Introduction, Governance, and Implementation sections and provided to the PTC for review on or before June 30, 2017.) Executive Summary The City is nearing completion on an update to the City’s Comprehensive Plan, which establishes goals, policies, and programs to guide land use and development decisions, infrastructure investments, and City regulations related to land use, transportation, resource conservation, and other topics. With the requested actions, the City Council would offer comments on four sections of the plan they have not reviewed previously (the Introduction, Governance, Implementation, and Glossary sections), review changes made to the Elements of the plan based on prior comments and direction, and refer the complete draft of the Comprehensive Plan to the Planning & Transportation Commission (PTC) for a recommendation. Following the Council’s referral, the PTC will have 90 days to complete their review and make a recommendation about the draft Comprehensive Plan and the accompanying Final EIR. The 90- day review period would commence upon the transmittal of the document to the PTC, on or before June 30, to provide staff time to incorporate Council’s input tonight and prepare the transmittal package. After the PTC’s review, the City Council will be able to consider certification of the Final EIR and adoption of the Comprehensive Plan Update. Staff is working to tee-up a suite of implementing actions to be considered concurrently or immediately after plan adoption. Background The Introduction, Governance, Implementation, and Glossary sections of the Comprehensive Plan Update presented this evening were recommended for adoption by the Citizens Advisory Committee (CAC) on April 18, 2017 (Implementation) and May 16, 2017 (Introduction, Governance, Glossary). None of these sections are required by State law and all are considered “sections” or “chapters” rather than “elements” of the Plan. These chapters are background information for users of the Comprehensive Plan. These sections are nonetheless important, and all are contained in the current Comprehensive Plan. Tracked changes have been used to indicate recommended updates/changes from the text of the current Plan in all sections including the introductory text of the Implementation section. Tracking changes was not feasible in the table which lists the CAC’s recommendations on the timing for implementation programs from all of the elements of the Comprehensive Plan The draft Community Services Element presented here was last reviewed by the City Council on City of Palo Alto Page 3 February 8, 2016 and incorporates comments and direction from that meeting. A copy of the staff report from that meeting is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/50814 and a transcript is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/51455. Although no formal motion was adopted, the Council members provided a list of specific changes and agreed that the draft element should be streamlined. Following that Council meeting, the CAC reviewed and approved on May 17, 2016 a revised and shortened draft element that was consistent with Council direction. The draft Land Use and Transportation Elements presented here were last reviewed by the City Council on May 1, 2017 and incorporates comments and direction from those meetings. Changes made in response to the Council’s direction are explained below and in Attachment E. A copy of the staff report is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/57258 and minutes are available here: http://www.cityofpaloalto.org/civicax/filebank/documents/57863. The draft Safety, Natural Resources, and Business & Economics Elements presented here were last reviewed by the City Council on May 15, 2017 (Safety & Natural Resources) and May 22, 2017 (Business & Economics). Changes made in response to the Council’s direction are explained below and in Attachment E. A copy of the staff report is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/57709. When available, minutes can be found here: http://www.cityofpaloalto.org/gov/agendas/council.asp. In all cases, the draft elements have been revised to reflect the Council’s comments and direction, as described further below. Discussion The City’s Comprehensive Plan addresses topics that are required under State law and topics that are optional. All of the required topics and most of the optional topics have been reviewed by the City Council in their review of individual elements. Additional optional sections are scheduled for their first review by the Council this evening and comprise an Introduction, a revision to the Governance chapter of the current Comp Plan, and an Implementation Chapter which introduces and describes the relative timing for implementation programs found in the elements of the plan. This staff report also provides a summary of changes to elements of the Comprehensive Plan Update based on the Council’s prior comments and direction (Attachment E), and asks the Council to refer the revised draft to the Planning & Transportation Commission for a recommendation. More explanation is provided below. City of Palo Alto Page 4 Draft Introduction The Introduction Chapter of the Comprehensive Plan provides an overview of the basic requirements, and format of the Plan, as well as the public participation and implementation processes. Subsections about the purpose and use and organization of the Comprehensive Plan sections describe the legal requirements for the Plan set forth by the State and have not changed substantially. The subsection on major themes has been updated to describe the current planning challenges and opportunities addressed by this update, specifically, the themes of “meeting housing supply challenges” and “protecting and sustaining the natural environment.” A new section –“maintaining a safe community” – has been added to reflect the new, separate Safety Element. Also, the comprehensive plan update process section has been completely replaced with a description of the roles and contributions of the CAC, Council and PTC to the Plan’s overall structure, vision, goals, policies and programs. This section also describes the Plan’s community engagement framework, including the Summit and Open City Hall. Draft Governance Chapter Substantive changes recommended to the Governance Chapter mostly focus on the new technologies and tools for citizen participation that have been developed since the last Comprehensive Plan was adopted. Other recommended changes focus on improving clarity and reducing redundancy. Specifically: Narrative portions of the chapter were moved to the beginning in keeping with the structure of the other elements and were edited and revised for clarity and sequence. Policies and programs under Goal G-1, Public Participation, were revised to reflect new technologies and current communication tools. A new policy regarding transparency and accountability was added. Policies and programs under Goal G-2, Civic and Neighborhood Organizations, were revised to better address interaction between the City and neighborhood organization to emphasize two-way communication. (See Policy G2.3.) The title of Goal G-3 was changed from Regional Leadership to Regional Collaboration to reflect the CAC’s desire that City officials prioritize local issues rather than striving to be a leader at the regional level. Goal G-4 about Volunteerism was shortened to stress the value of volunteering, and the programs under this goal were consolidated. The wording of Goal G-5, Managing Change, was updated to reflect current approaches to stakeholder collaboration. The title of Goal G-6 was changed from Process Management to Development Review, as the policies are focused on functional, well-defined and participatory development review processes. An existing policy about the role of the PTC and ARB was revised based on CAC input and moved from Goal G-1 to Goal G-6 because it focuses on the planning and design review process. City of Palo Alto Page 5 Draft Implementation Chapter Councilmembers should carefully review the short narrative section of the Implementation Chapter. This narrative explains how programs implement the Comp Plan and how the timing of that implementation is established by decision-makers based on evolving priorities and available resources. The narrative clarifies that it may not be feasible to implement all of the programs over the 15 year life of the plan. This means that the City will have to prioritize, and the text acknowledges that priorities will have to be adjusted from time to time. The narrative also calls on the PTC to conduct an annual review of the plan as required by State law, and concludes with a caveat: “The Implementation Plan was designed to advance the overarching vision and themes of the Comprehensive Plan. The City recognizes there are resource constraints and a need to focus those resources.” The table of implementing actions included with this transmittal is still a work in progress. For this reason, staff would prefer that the Council reserve its comments on the table until their final review of the entire plan in the fall. By then, the table will have been updated to accurately reflect (and repeat) all the programs from the other elements/sections of the plan. Similar to the current draft, the final table will also identify the relative level of effort and a relative priority (in terms of timeframe) for each program based on what we know today. (The current draft was developed by staff with input from a subcommittee of the CAC and the full CAC.) Summary of Changes to Transportation, Land Use & Other Elements Attachment E contains details from City Council motions directing changes to the Land Use, Transportation, Natural Resources, Safety, and Business & Economics Elements.1 In each case, staff and consultants have indicated how the Council’s directed changes have resulted in additions, deletions, or modifications to the updated elements. Most of the changes are straight forward, and a small number are highlighted below.2 Autonomous Vehicles The Council requested a policy on autonomous vehicles and staff is suggesting the following policy be included in the Transportation Element: 1 Changes to the Community Services Element were based on Council comments, and not a formal motion, so that element has not been included in Attachment E. 2 Please note that staff has not had time to update the data included in the narrative section of the Draft Business & Economics Element. The data will be reviewed with budget staff and the charts will be updated prior to the PTC’s review. City of Palo Alto Page 6 Policy T-1.5: “Support the introduction of fleets of autonomous, shared, electric motor vehicles with the goals of improving roadway safety (especially for vulnerable road users), improving traffic operations, supporting core mass transit routes, reducing air pollution and greenhouse gas emissions, enhancing transportation opportunities for the disadvantaged, and reclaiming valuable land dedicated to motor vehicle transportation and parking.” [New Policy] This language recognizes that innovations in technology may lead to positive change, but could also lead to more driving, traffic, and greenhouse gas emissions if we’re not careful. Thus, the emphasis is on shared, electric autonomous vehicles, as well as safety, environmental, and societal goals. Intersection Level of Service (LOS) and Multimodal Level of Service (MMLOS) Council directed staff to “explore” use of MMLOS, which required further adjustments to Program T2.3.1 to retain a commitment to using intersection LOS to assess conformance with the Comprehensive Plan after it is no longer a part of the CEQA process. With modifications, the program now reads: Program T2.3.1: “When adopting new CEQA significance thresholds for compliance with SB 743 (2013), adopt standards for vehicular LOS and also adopt explore desired standards for multi-modal levels of service (MMLOS), which includes motor vehicle LOS, at signalized intersections for use in evaluating the consistency of a proposed project with the Comprehensive Plan.” Transportation Mitigation & Transportation Impact Fees Concurrent with the draft transportation element, staff has been working with consultants to prepare the Final EIR for the Comprehensive Plan Update and to prepare a nexus study that would allow the City to update and consolidate its transportation impact fees. Based on this work, staff has incorporated a number of modest changes to the programs in the Transportation Element excerpted below: Program T1.2.2: “Formalize Transportation Demand Management (TDM) requirements by ordinance and require new developments above a specific size threshold by stablishing standards and guidelines that outline when new development should be required to prepare and implement a TDM Plan to meet specific and the performance standards. Require regular monitoring/reporting and provide for enforcement with meaningful penalties for noncompliance. The ordinance should also: o Establish a list of effective TDM measures that include transit promotion, prepaid transit passes, commuter checks, car sharing, carpooling, parking cash-out, bicycle lockers and showers, shuttles to Caltrain,, requiring TMA membership, and education and outreach to support the use of these modes. City of Palo Alto Page 7 o Allow property owners to achieve reductions by contributing to citywide or employment district shuttles or other proven transportation programs that are not directly under the property owner’s control. o Provide a system for incorporating alternative measures as new ideas for TDM are developed. o Establish a mechanism to monitor the success of TDM measures and track the cumulative reduction of daily peak period motor vehicle trips. TDM measures should at a minimum achieve the following reduction in daily peak period motor vehicle trips, with a focus on single-occupant vehicle trips. Reductions should be based on the rates included in the Institute of Transportation Engineers’ Trip Generation Manual for the appropriate land use category: - 50 45 percent reduction in the Downtown district - 35 percent reduction in the California Avenue area - 30 percent reduction in the Stanford Research Park - 30 percent reduction in the El Camino Real Corridor - 20 percent reduction in other areas of the city o Require new development projects to pay a Transportation Impact Fee for all those daily motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing vehicle trips and traffic congestion. which will be used to offset or reduce impacts to congestion citywide to the extent feasible through transit services, shuttles, similar public services, bicycle lanes, and other capital improvements that enhance multimodal travel.” Program T1.24.1: “As part of the effort to reduce traffic congestion, regularly evaluate the City’s current Transportation Impact Fee and modify as needed to implement transportation infrastructure improvements projects. Modifications to the impact fee program should be structured in keeping with the City’s desire to require new development to reduce daily motor vehicle trips , and consider new fees that new development projects must pay to the City for use in reducing roadway congestion impacts to the extent feasible through TDM plans and by contributions to the provision of transit services, shuttles, carpool/rideshare incentives, bicycle lanes, and similar programs and capital improvements.” School Impacts The Council requested retention of a policy from the current Comprehensive Plan about school impacts and staff is suggesting the following updated version (to reflect State law) be included as a policy in the Land Use Element (rather than the Community Services Element): City of Palo Alto Page 8 Policy L-2.11: “Ensure regular coordination between the City and PAUSD on land development activities and trends in Palo Alto, as well as planning for school facilities and programs. Under State law, impacts on school facilities cannot be the basis for requiring mitigation beyond the payment of school fees or for denying development projects or legislative changes that could result in additional housing units. The City will, however, assess the reasonably foreseeable environmental impacts of development projects that result in new school construction or enrollment.” [Revision of Previous Policy C-6 and related Programs] Historic Resources In November 2016, Councilmember Holman had requested a number of edits and clarifications to policies and programs related to historic resources and these were never memorialized in a Council motion. Then on May 1, 2017, the Council asked staff to consider adjustments to Policy L-7.2, which seemed overly broad. As a result, staff has clarified the programs and policies to clarify that there are four historic districts, not two and the State Historic Building Code is available to historic resources, and has modified Policy L-7.2 as follows: Policy L-7.2: “If a proposed development project would substantially affect the exterior of a potential historic resource that has not been evaluated for inclusion into the City’s Historic Resources Inventory, City staff shall consider whether it is eligible for inclusion in the City’s State or federal registers prior to the issuance of a demolition or alterations permit. Minor exterior improvements that do not affect the architectural integrity of potentially historic buildings shall be exempt from consideration. Examples of minor improvements may include repair or replacement of features in kind, or other changes that do not alter character-defining features of the building.” This policy focuses on structures that are eligible for State or federal registers rather than the local inventory because City staff would be performing the evaluation and Title 16 of the Palo Alto Municipal Code gives the Council, and not the staff, the authority to determine whether buildings are eligible for listing on the local inventory. Urban Forest = Natural Infrastructure On May 1, 2017, the Council directed staff to research past direction about characterizing the urban forest as infrastructure and elevate the importance of this concept. The Council’s prior direction on this issue, provided in a motion directing measures to incorporate into Comp Plan EIR Scenarios 5 and 6, was to use the term “natural infrastructure” and this has been incorporated in Policy N2-1 as follows: Policy N2-1: “Recognize the importance of the urban forest as a vital part of the City’s natural and green infrastructure network that contributes to public health, resiliency, City of Palo Alto Page 9 habitat values, appreciation of natural systems and an attractive visual character which must be protected and enhanced.” [NEW POLICY] [N1] Review by the Planning & Transportation Commission The Palo Alto Municipal Code (Section 19.04.080) describes two processes for adoption of a comprehensive plan update which reflect the state law as it existed in 1955. One process involves the Planning Commission adopting the comprehensive plan update and certifying it to the City Council which would in turn adopt the plan. (Former Gov’t. Code sections 65506- 65510.) The second process involves the City Council initiating the comprehensive plan amendment. (Former Gov’t. Code section 65511.) This later process is the one applicable to the Comp Plan Update underway. In 2006, the City Council initiated the Comp Plan Update. Under the applicable process, the City Council refers the proposed changes or additions to the comprehensive plan to the Planning & Transportation Commission for a report. (Former Gov’t. Code section 65512.) Before making its report, the PTC must hold at least one noticed public hearing. (Former Gov’t. Code section 65512.) The PTC has 90 days from the date of the Council referral to submit its report; after that date the proposed change or addition is deemed approved by the PTC. (Former Gov’t. Code section 65513.) The City Council must then hold at least one noticed public hearing prior to adoption. This process is similar to the one under current state law, which provides that the Planning Commission shall make a recommendation to the City Council on proposed comprehensive plan amendments, and the City Council alone is empowered to adopt such amendments. Under current state law, however, the Planning Commission has only 45 days after council referral to submit its report. (Gov’t. Code section 65356.) By following the prior law incorporated into the Municipal Code, the PTC review period would be 90 days. Staff is proposing that the 90 days begin when the PTC receives the Council’s referral, which will be on or before June 30. Policy Implications & Relationship to Other City Plans The Comprehensive Plan is the City’s “constitution” when it comes to land use and development issues, including transportation and the protection of the environment. The Comprehensive Plan is also meant to support at a general level other, more specific issue- oriented plans such as: the Urban Forest Master Plan; the Parks, Trails, Open Space, and Recreation Master Plan; the Baylands Master Plan; the Local Hazard Mitigation Plan; and the Sustainability/Climate Action Plan. Some of these plans have already been adopted, some are still in progress and all are expected to be amended from time to time over the life of this Comp Plan. This draft of the Comp Plan strives to be consistent with the adopted versions of the city’s more specific issue-oriented plans. It is intended that these specific issue-oriented plans and the Comp Plan will continue to be consistent as they are amended over time. City of Palo Alto Page 10 Resource Impact The Comprehensive Plan Update has been a time consuming and costly project for the City. Current contracts are sufficient to complete the project provided in accordance with the current schedule, which envisions completion of the CAC process in May and adoption of an updated plan by the end of the year. Timeline/Next Steps Tonight’s hearing provides an opportunity for review of remaining sections of the plan and for a referral of the entire revised Comp Plan to the Planning and Transportation Commission. The City Council will review a full draft of the Comprehensive Plan Update and a Final EIR following receipt of a recommendation by the Planning and Transportation Commission. Upcoming events and next steps are summarized in Table 1 below. Table 1: Timeline and Next Steps for Council and PTC Date Topics/Action Requested June 12, 2017 Council Review of draft Introductory Materials/Governance and referral to the Planning & Transportation Commission (PTC) July/Aug/Sep 2017 PTC Review & Recommendation Regarding the draft Comprehensive Plan Update Oct/Nov/Dec 2017 Council Receipt of the PTC’s recommendation and the Final EIR for consideration and action Oct/Nov/Dec/Jan/Feb PTC and City Council consideration of initial implementing actions Source: Palo Alto Planning & Community Environment, May 2017 As noted in Table 1, staff is hoping to bring the City Council a short list of implementing actions either concurrent with or immediately following plan adoption. At present, staff anticipates the list will address the following policies/programs: Adopt an updated Transportation Impact Fee ordinance (Program T1.24.1); Increase residential densities (Programs L2.4.1 and L2.4.7) and provide incentives for small dwelling units; (Policy L-2.3) Provide incentives to preserve cottage clusters and similar existing, smaller units; (policies L-2.3 and L-3.3) Convert some commercial density (FAR) to residential FAR in appropriate areas like Downtown and California Avenue (Program L2.4.4); Initiate a Coordinated Area Plan for the Fry’s area (Program L4.8.1); and Initiate discussions with Stanford regarding housing in the Research Park, Shopping Center, and SUMC vicinity (Program L2.4.3). City of Palo Alto Page 11 Environmental Review A Final Environmental Impact Report (EIR) is being prepared; it will respond to comments on the Draft EIR and the Supplement to the Draft EIR and describe the “preferred scenario” based on the Council’s input on March 27, 2017 and May 1, 2017. The Final EIR must be completed and certified before the City Council can take action to approve the Comprehensive Plan Update. Currently, the Final EIR is anticipated to be published in late July 2017 to be available for PTC hearings in August alongside their review of the draft Comprehensive Plan. The Council would then take action on the EIR as part of their final review and adoption of the Comprehensive Plan in fall/winter 2017. Attachments: Attachment A: Draft Introduction Chapter_ Tracked (PDF) Attachment B: Draft Governance_Tracked (PDF) Attachment C: Draft Implementation Chapter_tracked (PDF) Attachment D: Glossary_052517_June12CC_Tracked (PDF) Attachment E: Council Motions Table_w_links (PDF) Attachment F: CAC Comments and Minutes (PDF) Attachment G: Draft Comprehensive Plan Elements June 1 2017 (Hard Copy only for Council) (PDF) INTRODUCTION CACCOUNCIL DRAFT – MARCH 17JUNE 12, 2017 I-1 1 This draft Element presents changes made to the Existing Comp Plan Element, in response to CAC recommendation on May 16, 2017. I PURPOSE OF THE COMPREHENSIVE PLAN The Palo Alto Comprehensive Plan contains the City’s official policies on land use and community design, transportation, housing, natural environment, safety, business and economics, and community services. Its policies apply to both public and private properties. Its focus is on the physical form of the city. The Plan is used by the City Council and the Planning and Transportation Commission to evaluate land use changes and to make funding and budget decisions. It is used by City staff to regulate building and development and to make recommendations on projects. It is used by citizens and neighborhood groups to understand the City’s long-range plans and proposals for different geographic areas. The Plan provides the basis for the City’s development regulations and the foundation for its capital improvements program. VISION: Each of us has a vision of what Palo Alto should be like in the future. Although our visions are different, they share common qualities. We aspire to create a safe, beautiful City for ourselves, our children, and future generations. We envision a City with diverse housing opportunities and a sustainable transportation network, where the natural environment is protected, where excellent services are provided, and where citizens have a say in government. We aspire to create a City that is economically healthy and a good place to do business. The Palo Alto Comprehensive Plan strives to build a coherent vision of the City’s future from the visions input of a diverse population. It integrates the aspirations of the City’s residents, businesses, neighborhoods, and officials into a bold strategy for managing change. The Comprehensive Plan is the primary tool for guiding the future development of the City. On a daily basis the City is faced with tough choices about growth, housing, transportation, neighborhood improvement, and service delivery. A Comprehensive Plan provides a guide for making these choices by describing long-term goals for the City’s future as well as policies to guide day-to-day decisions. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-2 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 The Comprehensive Plan is a legal document and must meet specific State requirements for content. State law establishes the topics that must be addressed and the maps and diagrams the Plan must contain. The Plan must be comprehensive, long-range, and internally consistent. Its policies apply to all property within Palo Alto’s “sphere of influence,” a boundary that includes all land within the City limits,limit, the Stanford University campus, and other property in unincorporated Santa Clara County. Although the County is not obligated to comply with the Plan in the unincorporated area, mutual cooperation provides benefits to the City, County, and University. The 1985 Land Use Policy Agreement between the City, the County, and University outlines this cooperation. MAJOR THEMES OF THE COMPREHENSIVE PLAN The Palo Alto Comprehensive Plan has seveneight major themes, summarized here. BUILDING COMMUNITY AND NEIGHBORHOODS Palo Alto’s diverse, livable neighborhoods are the building blocks of the community. Public facilities, schools, libraries, parks, public facilitiesarts and community centers and small businesses, and cultural, environmental, social service and neighborhood associations are an essential partcomponents of neighborhood life and help build the bridge between neighborhoodneighborhoods and the wider community. The City is committed to building upon the strengths of its neighborhoods, keeping them safe and attractive, maintaining a distinct identity for each, and delivering top-quality community services tothat meet the needs of and benefit all residents. MAINTAINING AND ENHANCING COMMUNITY CHARACTER The community treasures the special qualities of the city, including its historic buildings, pedestrian scale, high-quality architecture, thriving urban forest, and beautiful streets and parks. Maintaining the physical qualities of the city is an overarching consideration, incorporated in all parts of the Plan. The Land Use and Community Design Element includes specific provisions to maintain Palo Alto’s best features and enhance and improve those areas where these features are lacking. Future land use decisions will encourage sustainable development, preserve neighborhoods and focus infill within the Urban Service Area. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION REVISED CACCOUNCIL DRAFT – MARCH 17 JUNE 12, 2017 I-3 REDUCING RELIANCE ON THE AUTOMOBILE The Plan provides new policies and specific actions for reducing the impacts of cars on the environment and improving options for pedestrians, bicyclists, and transit users.traffic congestion and auto emissions by facilitating an increase in pedestrian, bicycle, and transit use and encouraging evolving technologies like electric vehicles. In the future, a greater emphasis will be placed on improving the City’s multi-modal transit stations. New light rail, shuttle bus, pedestrian, and bicycle facilities are envisioned.Expanded Caltrain service, bus service, shuttles, and pedestrian and bicycle facilities are envisioned. In coordination with other transportation demand management initiatives, the Plan provides parking-related policies and parking management strategies that optimize use of existing spaces. Caltrain grade separations will be prioritized to improve east-west connections for automobiles, transit, pedestrians, and bicyclists, and to reduce traffic congestion, improve safety, and reduce noise impacts. The City will strive to create a development pattern where people can walk, bicycle or take public transit rather than drive, and will work collaboratively to find regional solutions that reduce single-occupant vehicle trips. MEETING HOUSING SUPPLY CHALLENGES Palo Alto is perceived as a built-out city. Increasing the and has a substantially higher number of jobs than residents. This imbalance has contributed to skyrocketing housing supply and maintaining the costs, affecting long-time and new residents and creating concern about Palo Alto’s future diversity and quality. Providing a mix of Palo Alto's housing stock are challenges. This Comprehensivetypes is a community priority and this Plan seeks to meet these challenges by increasingincrease the supply of housing at all price levels.that is affordable. The Plan also safeguards existing single family neighborhoods and rental housing. It proposes new map designations, encourages smaller units such as studios and cottages, and sets the stage for redevelopment where higher densities are allowed in appropriate locations and includes new policies to ensure that the remaining housing sites are used efficiently. The Housing Element is updated more frequently than the rest of this Plan and must respond to very specific State requirements. PROTECTING AND REPAIRINGSUSTAINING THE NATURAL FEATURESENVIRONMENT With most of the baylands and foothills already protected as permanent open space, the Comprehensive Plan’s focus turns inward to the fragile ecosystems within developed portions of the City. The City’s creeks, many of which have been altered PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-4 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 by flood control projects, are envisioned as greenbelts and community gateways. A pilot project in urban creek restoration is identified. The Plan also emphasizes the benefits of street trees and promotes an urban forest throughout the City.The natural infrastructure, which includes a network of trees, open spaces, parks and other green spaces, and the connections between them, will provide access to nature. The City’s urban forest, which benefits humans, plants, animals, and microorganisms, will be promoted throughout the city. The Plan fosters energy and water conservation, healthy soils, and a sustainable water supply. During the life of this Plan, climate change is expected to affect Palo Alto’s physical infrastructure and natural ecology. To minimize these impacts, and to protect the natural environment, Palo Alto will maintain a holistic approach to managing its creek corridors, habitat areas, and green infrastructure, which have been a source of civic pride. Implementation of the climate change adaptation strategies identified in the Plan will ensure that Palo Alto meets today’s needs without compromising the needs of future generations. KEEPING PALO ALTO PREPARED Like every community, Palo Alto is subject to the unpredictability of future natural and human-caused hazards. Particularly in the face of climate change, the Plan implements a range of adaptive improvements that will ensure the City’s natural and built infrastructure are resilient. The Plan also reinforces the City’s commitment to preparing for emergencies, raising awareness of risks, and minimizing the impacts of these hazards to Palo Alto residents and visitors alike. The framework in the Plan complements the City’s existing disaster preparedness strategies and balances a complex series of safety-related factors through the adoption of best practices and technological innovations, as well as through coordination with relevant organizations. The City believes that safety begins internally, and the Plan affirms education, awareness and action at the neighborhood level. MEETING RESIDENTIAL AND COMMERCIAL NEEDS Palo Alto is well known as a desirable residential community and as a City with a healthy, competitivedynamic, vital business community. Meeting the demandsneeds of eachall facets of the community is a major theme of the Plan. The Plan establishes the physical boundaries of residential and commercial areas and sets limits where necessary to ensureensures that business and housing remain compatible. and interdependent. It encourages commercial enterprise, but not at the expense of the City’s residential a thriving business community that provides services to local residents and revenue to the City while also working to protect neighborhoods. and PALO ALTO COMPREHENSIVE PLAN INTRODUCTION REVISED CACCOUNCIL DRAFT – MARCH 17 JUNE 12, 2017 I-5 the environment. The City is committed to retaining existing businesses, maintaining vitalvibrant commercial areas, and attracting quality newinnovative small and independent businesses. PROVIDING RESPONSIVE GOVERNANCE AND REGIONAL LEADERSHIP The Plan emphasizes the City’s commitment to strong community participation. It encourages collaboration among citizens, businesses, neighborhood associations, service organizations, and local officials. It affirmsacknowledges Palo Alto’s role as a leaderan effective participant in addressing planning issues and initiatives at a regional issuesscale. USE AND ORGANIZATION OF THE PLAN Palo Alto’s Comprehensive Plan is to be used by all members of the community, as well as any other person or organization interested in the future of the city. The hundreds of citizens and officials who have preparedparticipated in the preparation of the Plan hope you will find it a useful, clear and easy -to-read document understand. A key concept in each Element of the Plan is the idea of a Vision for Palo Alto—a shared dream of Palo Alto in the future. A vision is not a binding goal, and in fact may not be achievable in the lifetime of those participating in drafting the Comprehensive Plan, or even the next generation. However, The long-term idealisticaspirational thinking embodied in each vision statement was the foundation of the development of the Plan. State law requires that local plans contain seven mandatory sections, or “elements.” The State provides considerable flexibility in how these elements are organized. The table at leftTable 1 shows the State-mandated elements and their counterparts in the Palo Alto Comprehensive Plan. The Comprehensive Plan addresses all the topics required by State law but, as permitted by the law, has tailored the organization of the topics to the Palo Alto context. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-6 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 TABLE 1 STATE-MANDATED AND PALO ALTO COMPREHENSIVE PLAN ELEMENTS* State-Mandated Element Palo Alto Comprehensive Plan Element Land Use Land Use & Community Design Circulation Transportation Housing Housing (adopted 2015) Open Space ConservationSafety Noise Natural Environment Safety Safety Optional Elements Business & Economics Community Services & Facilities * This table shows the Elements of the Comprehensive Plan; other components that are not Elements are described below. Palo Alto’s Plan departs fromutilizes the structure suggestedflexibility allowed by the Statestate law to include local goals and issues in a number of ways. The scope of the Land Use Element has been broadened to address community design. The Natural Environment Element incorporates open space, conservation, public safety and noise.energy, climate change and noise. The Safety Element encompasses both natural and human-caused threats to public safety. The Plan also includes a Business and Economics Element and a Community Services and Facilities Element. Although these two elements address topics that are not required by State law, the issues they address are fundamental to the future quality of life in Palo Alto. Once adopted, the optional elements have the same legal status as the mandatory elements. No single element or subject supersedes any other. The Elements of the Plan share a common format and use similar terms and references. Each Element contains background information on specific subjects to make the Comprehensive Plan more useful as a reference document and to provide the technical basis for its policies and programs. Each Element contains maps that provide current information about the City, or graphic illustrations of the City’s policies for specific geographic and topical areas, or theas well as sidebars to PALO ALTO COMPREHENSIVE PLAN INTRODUCTION REVISED CACCOUNCIL DRAFT – MARCH 17 JUNE 12, 2017 I-7 highlight major proposals for transportation, public facilities and environmental protectionthemes and concepts. Each Element includes goals, policies, and programs that are the essence of the Plan and are to be consultedprovide a framework to guide decisions on a wide range of issues. As you use this Comprehensive Plan, keep in mind that the goals, policies and programs are just as important as the maps in making land use and development decisions. To be consistent with the Plan, a project must not only be permitted on the Land Use and Circulation Map, it must also meet the intent of the Plan’s policies. The meaning of goals, policies and programs is described below. A Goal is a general end towards which the City will direct effort. A Policy is a specific statement of principle or of guiding actions that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its goals and objectives before undertaking an action program. A Program is an action, activity, or strategy carried out in response to an adopted policy to achieve a specific goal or objective. Programs require resources—primarily time and money—to complete. This is a long-range plan and the City intends to implement these programs over time. The Planning and Transportation Commission and City Council will conduct regular reviews of the Implementation chapter to prioritize programs for implementation. OTHER CONCEPTSCOMPONENTS OF THE PLAN The Land Use and CirculationDesignations Map is included by reference as a part of this document. It is probably the most familiar part of the Plan and identifies land use designations for each property in the city. The type of development allowed within each designation shown on the Map is described in the Land Use and Community Design Element. The Plan includes a Governance Chapter intended to provide guidance to citizens and community groups participating in the planning process.City decision-making. The Governance Chapter is a vehicle for implementation rather than a Plan element and is, therefore, not subject to the State requirements for consistency and comprehensiveness. It is background information, not policy direction. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-8 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 The Plan also includes an Implementation Chapter that identifies specific actions to be taken to carry out the Plan. For each action, the timing, fundingpriority, anticipated level of effort, and responsible agency or department is identified. Like Governance, the Implementation Chapter is not a Plan Element, but is intended as a description of the steps to be taken in order to achieve the Plan’s goals. In the Appendix is the Housing Element Technical Document, which contains detailed information on the City’s housing programs; as well as one or more concept plans which contain policies specific to key areas of the City. A Glossary and Index are provided for reference. Although not a component of this Plan, an Environmental Impact Report (EIR) has been prepared for this Plan and is contained in a separate document. The EIR evaluates the effects of the Plan’s policies and programs on Palo Alto’s environment. It identifies where more detailed environmental analysis may be required as specific projects are proposed in the future. HOW THE COMPREHENSIVE PLAN WAS DEVELOPED The Comprehensive Plan (Our Palo Alto 2030) is the product of an over fivea multi- year effort that involved hundreds of Palo Alto residents and other interested parties. Early in this effort,As a city that experiences acute development pressures associated with its location in the heart of Silicon Valley, issues such as traffic congestion, housing affordability, and environmental protection are important to its residents, and contributed to strong interest in the Comprehensive Plan Update process. Palo Alto recognized the need to update the Plan in 2006 and began the process in earnest in 2008, when a consultant was retained to work with staff and the City’s Planning and Transportation Commission (PTC). The 2015-2023 Housing Element was created and adopted through a separate process to meet State legal deadlines. The first phase of the process focused on Concept Area Plans for two parts of Palo Alto most likely to change over the next 10 to 15 years: the California Avenue area, including the Fry’s Electronics site; and the East Meadow Circle/Fabian Way area. City staff reached out to key stakeholders, interest groups, residents, neighborhood organizations, business representatives, home owners’ associations, school district representatives and other interested parties who desired to be involved in the update process. The draft Concept Area Plans are intended to preserve space for PALO ALTO COMPREHENSIVE PLAN INTRODUCTION REVISED CACCOUNCIL DRAFT – MARCH 17 JUNE 12, 2017 I-9 small businesses, preserve of retail and community services to support new residential growth, and incorporate sustainability concepts. The PTC’s review of the Comprehensive Plan continued from 2010 to 2013 and was provided to the City Council in early 2014. The PTC focused on organizational changes to delete redundancies and make the text more accessible and user friendly, emphasizing the existing Comprehensive Plan themes and ensuring they were represented throughout document, as well as increasing the emphasis on environmental sustainability issues. After considering the PTC’s work product, in early 2014, the City Council adopted a schedule and strategy for “reframing” the long-running update to include expanded community engagement and a full evaluation of alternatives, cumulative impacts, and mitigation strategies. A Leadership Group of local citizens formed in 2014 to advise City staff on community engagement portion of the planning process. The Group met monthly between late 2014 and mid-2015 and was a key resource in planning engagement activities. At the May 30, 2015 Summit, the City hosted a gathering of over 350 community members that included presentations, informational booths, and small group discussions. Participants brainstormed approaches for managing growth, improving the jobs-housing balance, preserving ground-floor retail, providing a diversity of housing types, encouraging transportation innovations, and reimagining the future of the City’s major transit corridors. . Following the Summit, the Council appointed a 38-member Comprehensive Plan the Citizens Advisory Committee (CPACCAC) made up of 28 community members, 10 alternates, and 9 representatives of boards and commissions. A professional facilitation firm was retained to direct the CPAC’s work and lead other aspects of 22 community members, plus 3 non-voting members representing Stanford University, the Palo Alto Unified School District (PAUSD), and the PTC. On a monthly basis over almost two years, from July 2015 to May 2017, the full CAC held 23 public involvement. Additional consultants were utilized to provide expertise in the areas of the environment, traffic, noise, air quality, geotechnical conditions, cultural resources, biology, urban design, graphic design, and editing.meetings, and CAC subcommittees held 29 public meetings, to advise the Council on incorporating PTC input and other changes to the existing Comprehensive Plan policies and programs. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-10 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 At these meetings, the CAC considered public comment and discussed critical issues to arrive at their recommendations regarding the policies and programs for each of the Plan’s seven Elements or to propose policy options for Council consideration. The CPAC developed the Vision Statements and prepared the draft Goals, Policies and Programs based on a series of meetings, newsletters, educational forums, telephone surveys, video "Outreach Kits" and weekend workshops, as well as hearings before City Boards and Commissions including the Planning Commission and City Council. The document itself was written by synthesizing the extensive public input, including more than 1,000 directives, ranging from broad visions for the City's future to detailed programs for specific sites. These were refined and reorganized to establish a cohesive planning document. These directives have been supplemented with maps, text and graphics to create a plan that articulates the City’s aspirations and expectations for the future. Over the course of 2016 and 2017, the Council reviewed and provided direction on the draft Elements forwarded by the CAC. The PTC reviewed a complete draft Plan in summer and fall 2017, and the Council considered and incorporated PTC input at final adoption hearings in late 2017. The Comp Plan was adopted on [date.] IMPLEMENTING THE PLAN The Comprehensive Plan will be implemented through the actions of City staff, the Planning Commission, other Boards and Commissions, and the City Council. Plan policies will be carried out through the adoption and revision of ordinances like the Zoning Ordinance and Subdivision Regulations, through annual budgeting and capital improvement programming, through the empowerment of neighborhood and community groups, and through on-going decisions on future development proposals. Long-range planning in Palo Alto does not end with the adoption of this document. It is important to continue the steps necessary to bring forth the vision of the Plan. As such, decisions about development projects, capital improvements, subdivision maps, specific plans, area plans, and other plans and policies affecting land use, transportation, and the physical environment will be reviewed to evaluate consistency with the Plan, thus advancing its vision and policy framework. The Plan is intended to be a living document, to grow and change evolve as local conditions change. In fact, the Palo Alto Municipal Code requires the Planning CommissionPTC to review the Comprehensive Plan annually and recommend to the City Council any PALO ALTO COMPREHENSIVE PLAN INTRODUCTION REVISED CACCOUNCIL DRAFT – MARCH 17 JUNE 12, 2017 I-11 modifications that it considers necessary. Additionally, the City Council may change the prioritization of programs through the regular five-year review cycle of the Implementation Plan. It may, at times, be necessary to amend the Plan. While mostsome amendments change the land use designation of a particular property, any part of the Plan may be amended as circumstances change. Amendments may be initiated by property owners, the Planning CommissionPTC, the City Council, or City staff. All amendments require public hearings by the Planning CommissionPTC and City Council and evaluation of the environmentalpotential impacts to Palo Altos’ physical environment, in accordance with the California Environmental Quality Act (CEQA). Only through continuing to use, evaluate and amend the Plan on a regular basis can Palo Alto reach towards the vision sought by all the dedicated people who contributed to the development of the Plan. PALO ALTO COMPREHENSIVE PLAN INTRODUCTION I-12 REVISED CAC COUNCIL DRAFT – MARCH 17JUNE 12, 2017 GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-1 9 This draft Element presents changes made to the Existing Comp Plan Element, in response to CAC recommendation on May 16, 2017. G. INTRODUCTION The Governance chapter of the Comprehensive Plan is a non-mandatory section that addresses community involvement and participation in the city planning process. It is not an Element of the Plan. The chapter provides background information and guidance to citizens and neighborhood groups seeking to participate in this process. It also provides guidance to those carrying out the policies and programs in this Plan. The chapter is intended as a vehicle for implementation rather than a Plan “element” in the traditional and legal sense. Consequently, it is not subject to the State requirements for consistency and comprehensiveness that apply to the eElements arlier sections of the Plan. The Governance chapter begins by describing the framework within which local planning decisions are made. It profiles the City’s governing bodies and major departments as well as the funding sources for municipal activities. This sets the stage for the goals, policies, and programs that follow. VISION: Palo Alto will maintain a positive civic image and be a leader in the regional, state, and national policy discussions affecting the community. The City will work with neighboring communities to address common concerns and pursue common interests. The public will be actively and effectively involved in City affairs, both at the Citywide and neighborhood levels. Where appropriate, the City Council will delegate decision-making responsibilities to local boards and commissions. The Council will also assign advisory roles to these bodies as well as other community groups. Residents, businesses, and elected and appointed officials will work collaboratively to address the issues facing the City in a timely manner. This inclusive, participatory process will help build a sense of community. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-2 COUNCIL DRAFT – JUNE 12, 2017 FRAMEWORK FOR LOCAL DECISION-MAKING FORM OF GOVERNMENT Palo Alto was incorporated as a Chartered City in 1909. The City has adopted a strong City Council/City Manager form of government. In 2014, residents voted to reduce the size of the City Council from nine members to seven, a change effective in 2018. Each City Council member serves a four-year term, with a mayor and vice- mayor who are elected to one-year terms by their fellow Council members. The City Council has two three standing committees: the Finance Committee, and the Policy and Services Committee, and City/School Liaison Committee. In addition to their legislative duties, Council members represent the City on a variety of local, county, regional, and statewide boards, commissions and other organizations. These include the Santa Clara County Cities Association, the Santa Clara Valley Transportation Authority (VTA), and the Metropolitan Transportation Commission (MTC), among others. BOARDS AND COMMISSIONS The City Council has created a number of boards and commissions to advise the Council on policy issues. With the support of a series of temporary citizen committees that advise on specific projects and issues, these standing groups serve a variety of specific functions such as development review, protection of historic resources, and youth relations. The purpose and membership specifics of each board and commission are summarized in Table G-1 below. PUBLIC PARTICIPATION Palo Alto citizens are highly engaged in the work of the City. There are numerous opportunities for public participation in the decisions and policies of local government. These range from in-person meetings and community workshops, to online technologies to mobile applications. Citizens can serve on boards and commissions, as well as issue-specific committees that address programs and activities across the City. Every City Council meeting also offers the opportunity PALO ALTO COMPREHENSIVE PLAN GOVERNANCE CITY COUNCIL DRAFT – JUNE 12, 2017 G-3 TABLE G8-1 CITY BOARDS AND COMMISSIONS Board or Commission No. of Members Term Length (Years) Requirements for Membership Purpose Supporting Department or Division Architectural Review Board (ARB) 5 3 City Council appointment; Aat least three architects, landscape architects, building designers or other design professionals. DDesign review of all new construction of, and changes and additions to, commercial, industrial and multiple-family projects. Planning Division Historic Resources Board (HRB) 7 3 City Council appointment; aAt least three architects, landscape architects, building designers or other design professionals; one owner/ occupant of a category one or two historic structure or structure in an historic district; and one possessor of an academic education or practical experience in history or related field. To rReview and make recommendations to the ARB and City Council on exterior changes to, and reclassifications of, buildings on the Historic Building Inventory. Planning Division Human Relations Commission (HRC) 7 3 City Council appointment of Palo Alto residents who are cy; not Council Members, officers, or employees of the City. To act with respect when any person or group does not benefit fully from public or private opportunities or resources in the community, or is treated unfairly or differently treated duewith respect to factors of concern to the Commission, including housing, employment, education and government services. Office of Human Services Planning and Transportation Commission (PTC) 7 4 City Council appointment of Palo Alto residents who are not Council Members, officers, or employees of the City. MPrepare, adopt and make recommendations to the City Council on the Comprehensive Plan and Zoning Ordinanceregarding development and transportation; zoning changes; subdivisions and appeals; and other policies affecting land use in Palo Alto. . Make recommendations to Council regarding land use policies & specific development applications. Planning Division Public Art Commission (PAC) 7 3 City Council appointment of individuals who are not Council Members, officers, or employees of the City, and who are either members of the ARB, experienced visual artists, and/or visual art educators, scholars or collectors. Acquire and site permanent works of art, specifically outdoor sculpture; and advise the City in matters pertaining to the quality, quantity, scope & style of art in public places. Arts and Cultural Division PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-4 CITY COUNCIL DRAFT – JUNE 12, 2017 TABLE G8-1 CITY BOARDS AND COMMISSIONS Board or Commission No. of Members Term Length (Years) Requirements for Membership Purpose Supporting Department or Division Utilities Advisory Commission (UAC) 7 3 Utility customer or authorized representative of a utility customerUtility customers or authorized representatives of a utility customer, six of whom are Palo Residents. Provide advice on the development of electric, gas and water resources; joint action projects which involve such resources; and environmental implications of utilities projects, conservation and demand management. Utilities Department Library Advisory Commission 5 3 City Council- appointment of Palo Alto residents who are not Council Members, officers, or employees of the City. Advise the City Council on matters relating to the Palo Alto City Library, including planning and policy, state legislative proposals, budgeting, and community input. Planning Division Parks and Recreation Commission 7 3 City Council- appointment of individuals who have demonstrated interest in parks and open space matters, and who are not Council Members, officers, or employees of the City.. Advise the City Council on matters pertaining to the activities of the Open Space, Parks and Golf Division and the Recreation Division of the Community Services Department, including master planning and policy, state legislative proposals and community input. Planning Division Citizen Corps Council 8 + staff varies Representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as appointed by the director with consent of the City Council. Harness the power of individuals, businesses, and organizations through education, training and volunteer service to make communities resilient, safe, strong, and prepared to respond to and recover from threats. Office of Emergency Services PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-5 for citizens to speak about an agenda item or topic and to watch the proceedings on their local cable channel. Palo Alto recognizes the importance of inviting all residents into civic life. In such a diverse community, it is vital that all citizens feel comfortable participating, regardless of how long they have lived in Palo Alto, their national or ethnic background, or whether they rent or own. Palo Alto engages in two- way conversations with citizens across a variety of accessible technologies, including social media and dedicated online portals for direct citizen input. There are also a number of City mobile applications that citizens can download and use to report issues or problems they would like the City to address. Palo Alto maintains a transparent development review process that targets predictable outcomes, is user-friendly, and invites public involvement. Palo Alto continues to seek out new technologies, engagement opportunities and neighborhood communication programs that will allow interested residents to engage more effectively in the civic life of the City. Palo Alto invites and encourages the public to participate in local government affairs. Citizens may serve on boards and commissions and ad hoc committees addressing a variety of civic concerns. Meeting are open and highly interactive so that all members of the community may take part in shaping local decisions. The advent of electronic media and on-line services has created new opportunities for public input and participation. Palo Alto will continue to use these and other emerging technologies to improve access to information. The City will consider changes to the City Charter that would delegate more responsibility for land use decisions to the Planning Commission. Many land use decisions now require both Planning Commission and City Council hearings. Delegating more decision-making to the Planning Commission, subject to appeal to the City Council, would streamline the application process and relieve applicants of unnecessary proceedings. The City Council is committed to delegating more responsibilities to existing boards and commissions. The creation of new advisory bodies by either the City Manager or City Council, when a particular expertise or broader base of input is required, would allow PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-6 COUNCIL DRAFT – JUNE 12, 2017 people who are interested to be more effectively engaged in and connected to the civic affairs of the community. Regular community input on relevant urban design issues can keep the City decision- makers and staff informed as to community concerns early in design processes and can facilitate the solution of urban design problems. SERVICE ORGANIZATIONS, CIVIC ORGANIZATIONS AND NEIGHBORHOOD ORGANIZATIONSGROUPS Palo Alto encourages supports the formation and operation of programs to support neighborhood connectedness, and civic organizations, and volunteer service. Many individuals find it easier and more compelling to engage in neighborhood improvement, rather than citywide activities the best way to improve their city is to work at the neighborhood level or to get involved with a topic they feel strongly about. The City has developed a number of community-building initiatives that foster strong neighborhoods and build connections block by block. Many citywide objectives such as emergency preparedness and neighborhood beautification may be more easily achieved through the efforts of individual neighborhood and civic groups than they might be through a centralized City program Neighborhood organizations are the foundation of civic involvement for many residents, and provide residents with opportunities to learn about citywide issues on a localized scale. They also provide a useful means of relaying local priorities and concerns back to the City Council and others involved in City government. In addition to neighborhood groups, there are dozens of organizations providing services in child care, youth and senior activities, local schools, environmental protection, emergency response, and civic engagement. VOLUNTEERISM One of Palo Alto’s greatest assets is its highly motivated and talented citizenry. Residents offer their time and skills to the City in a variety of capacities, ranging from service on boards and commissions to construction of public improvements to delivery of services like recreation and elder care. The City is committed to continuinged and expandinged use of volunteers, and to developing young volunteers by exploring innovative, hands-on classroom programs coordinated with local schools. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-7 CITY DEPARTMENTS The City Council is served by four Council-appointed officers: the City Manager, City Attorney, City Clerk, and City Auditor. The organization of City departments and their major functions is illustrated in the following chart. Figure G-1 City of Palo Alto Organizational Chart PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-8 COUNCIL DRAFT – JUNE 12, 2017 REGIONAL COLLABORATION Many issues affecting Palo Alto are best addressed are at the regional level in nature, by working collaboratively with other cities. Palo Alto believes that it has a responsibility to be an active participant in regional problem solving as these issues are addressed and resolved. The City will be a leader in regional problem-solving. BUDGET The City of Palo Alto’s budget as approved by the City Council reflects resource allocations consistent with City policies, goals, and priorities. It also communicates an action plan for the upcoming fiscal year to citizens and staff, including program goals and the standards by which the delivery of services to the public will be measured. Palo Alto maintains full transparency of its actual and adopted budgets. As part of the City’s Internet-based Open Data Portal, citizens are able to explore and analyze City expenses and revenues, each broken down by a series of user-selected filters such as Departments, expense/revenues types, funds, and fiscal years. The City’s budgets can be compared over time and the results downloaded in graphic form. The City uses a “mission-driven” budget process. Through this process, City services are grouped into functional areas and major activities, each with a defined mission and criteria for evaluat- ing howwell that mission is being achieved. Each City department must identify its customers and the services it provides to the public and other City departments. Major components of the budget include the General Fund and the Utilities Fund. General Fund revenues are generated by sales tax, property tax, and utility user tax collections, along with service fees and other revenues and transfers from the Utilities Fund. Expenditures include general City services (such as administration, fire, planning and public works), school district leases, capital projects, and debt service, among others. Utilities Fund revenues are generated through rates for various City services including water, sewer, gas, electric, refuse, and storm drainage. Expenditures cover the cost of providing these services. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-9 STRUCTURES OF DECISION MAKING The Palo Alto City Council performs two levels of decision-making: Legislative, meaning adopting local laws and regulations, and Quasi-Judicial, meaning applying existing local laws and regulations based on evidence and facts. Legislative decisions typically affect many different properties; examples include the adoption of a zoning code update or a Coordinated Area Plan. Quasi-judicial decisions usually affect individual applications being considered for approval; examples include a Conditional Use Permit or approval of a subdivision map. Both types of decision- making must occur within a public forum – Council meetings – and both must be based “on the record,” meaning Councilmembers are limited in their ability to receive information outside the hearing. A third level of City government decision-making is ministerial. Ministerial decisions are those that can be decided by applying an ordinance or regulation. These are objective, mandatory decisions to evaluate whether a project or application meets fixed standards and quantitative measurements: whether, for example, a new building has an adequate number of fire sprinklers. If a project meets the requirements, the City must allow it. Most ministerial decisions are made at the staff level and do not involve noticing or, and publicor public input is not required. MANAGING CHANGE Palo Alto intends to uphold its reputation as one of the country’s most livable cities. This will require that the City revisit the way that planning and development decisions are made from time to time. Although the City’s planning process is already open and inclusive, new ways to fine tune and modernize certain aspects of development reviewmay be desirable. In particular, the process could benefit by providing more opportunities to bring diverse community interests together prior to the design of individual projects. The City has identified the “coordinated area plan” as a tool for achieving this type of participation in the future. GOALS, POLICIES, AND PROGRAMS PUBLIC PARTICIPATION GOAL G-1 Effective opportunities for public participation in local government. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-10 COUNCIL DRAFT – JUNE 12, 2017 Policy G-1.1 Maintain public trust through transparency and accountability on planning issues. [New Program] Initiate a charter amendment for the ballot that would delegate specific final decision-making authority to the Planning Commission. [Previous Program G-1] Use advisory bodies and ad hoc committees to assist to assist City staff and the City on policy issues. [Previous Policy G-2] Policy G-1.2 Enhance communication between community members residents, neighborhood associations, other organizations and the City Council by providing access to information and opportunities for engagement through technology via electronic media and other methods. [Previous Policy G-3] Continue to hold regular, Town Hall-style meetings Program G1.2.1 in neighborhoods. [New Program] Periodically review the suite of engagement options Program G1.2.2 used to solicit citizen input and expertise on policy issues. Periodically assess the need for citizen input on various policy issues and appoint advisory bodies and ad hoc committees as needed. [Previous Program G-2] Use design workshops or charrettes to address design issues within the City. [Previous Program G-3] Establish Continue to rely on neighborhood Program G1.2.3 organizations, the City website, local media, online technologies and other communication platforms to keep residents informed of current issues and to encourage citizen engagementa City/neighborhood liaison system using electronic and print media to inform residents of current issues and facilitate resident feedback to the City Council and staff. [Previous Program G-4] Create electronic bulletin boards to increase opportunities for interaction between citizens and PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-11 government, including the posting of meeting agendas and other items of broad interest. [Previous Program G-5] Provide access to communications technologies at Program G1.2.4 City facilities, including public libraries and City Hall, and explore innovative locations for communication. advanced communication opportunities for the public at City libraries. [Previous Program G-6] Continue to release City Council staff reports to the Program G1.2.5 public up to 10 days prior to Council hearings to increase public awareness of City decision-making. [New Program] CIVIC AND NEIGHBORHOOD ORGANIZATIONS GOAL G-2 Informed and involved civic, cultural, environmental, social service and neighborhood organizations and residents. Policy G-2.1 Encourage the formation success of civic, cultural, environmental, social service and neighborhoodneighborhood organizations to in facilitatinge effective resident participation in the community. [Previous Policy G-4] Establish consistent definitions of neighborhood boundaries to facilitate notification and communication. [Previous Policy G-8] Policy G-2.2 Increase Establish and build relationships betweencoordination between City staff and non-profit or private civic, environmental, cultural, neighborhood and social service organizations by establishing and maintaining a variety of avenues for participation in the City’s decision-making framework. neighborhood groups to enhance communication between the two. [Previous Policy G-5 and Policy G-6, merged] Support participation by community organizations in the governing process. [Existing Policy G 6 – merged, above] PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-12 COUNCIL DRAFT – JUNE 12, 2017 Prepare a handbook of information about neighborhood and civic organizations addressing subjects like earthquake preparedness, neighborhood beautification, event planning, communicate with City Hall, and guidelines for establishing and managing neighborhood and civic organizations. [Previous Program G-7] Where feasible, assist residents with neighborhood improvement, beautification, and planting projects. Work with neighborhood and civic organizations on emergency preparedness and security programs. [Previous Program G-10 – covered in Safety Element] Continue to offer the use of City facilities to non-Program G2.2.1 profit civic, environmental, cultural, neighborhood and social service organizations for meetings and events at discounted or complimentary rates and via sponsorship programs. [New Program] REGIONAL COLLABORATIONLEADERSHIP GOAL G-3 A Leadership Role onCollaboration Regionalwith regional issuespartners and support on regional issues. Policy G-3.1 Support active participation of City Council members, other City leaders, and City staff in the resolution of regional issues that are relevant to Palo Alto, including ongoing collaboration with the Palo Alto Unified School District. [Existing Policy G-7] Policy G-3.2 Encourage Palo Alto residents, civic organizations and businesses to actively participate in regional programs and organizations. [Existing Policy G-8] Recognize that crime is a regional problem and crime prevention requires multi-jurisdictional cooperation. [Previous Policy G-9] VOLUNTEERISM GOAL G-4 Active involvement of local citizens as volunteers in the delivery of community services. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-13 Policy G-4.1 Encourage citizen volunteers at all ages , including youth and seniors, to provide augment the delivery of community services. Where feasible, appropriate, allocate City staff time and resources to projects initiated by volunteers that could not otherwise be accomplished. [Previous Policy G-10] Continue and expand programs to enhance Program G4.1.1 volunteer opportunities for volunteer assistance and the community’s awareness of public and nonprofit organizations serving the City. [Previous Program G- 11 and G-12, merged] Continue and expand opportunities for public and nonprofit organizations serving the City to provide information about themselves to the public. [Previous Program G-12] Continue the program to Publicly recognize the Program G4.1.2 efforts of individuals, groups, and businesses that. who provide volunteer services within the City. [Previous Program G-13] Coordinate with the Palo Alto Unified School Program G4.1.3 District to develop classroom-based leadership, governance and civic participation programs. [New Program] Support the transition from school-based Program G4.1.4 volunteering to civic participation via outreach to parent volunteers and student leaders. [New Program] Coordinate with the real estate community to Program G4.1.5 develop a welcome package for new residents, containing City resources, information and ways to contribute to livability. [New Program] MANAGING CHANGE GOAL G-5 New Ways to EncourageStakeholder collaboration among the public, property owners, and the city in areas whereto effectively manage facilitate change is desired. PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-14 COUNCIL DRAFT – JUNE 12, 2017 Policy G-5.1 Encourage the development of new planning, community advisory, social service, education and environmental improvement processes that emphasize collaborative exchanges and implementation of ideas. Retain City Council authority over decision- making in these processes.[Existing Policy G-2 and G--11] Establish a procedure that allows the City Council to initiate coordinated area plans for certain large areas that it has targeted for change. [Existing Program G-14] Explore opportunities to establish a process for developing precise development or economic revitalization plans for smaller areas, frequently with multiple ownership, where redevelopment, reuse, or redesign is needed. [Previous Program G-15] Encourage use of the Preliminary Development Review (pre- screening) Ordinance for specific development proposals that may require changes to current City policies. As appropriate, test and refine application of this Ordinance. [Previous Policy G-16] DEVELOPMENT REVIEW PROCESS MANAGEMENT GOAL G-6 More clearly defined procedures, standards, and expectations for development review. Policy G-6.1 Facilitate informed, focused and efficient review, analysis and recommendations on planning issues, regulations and projects. Use Delegate appropriate decision-making to the Planning and Transportation Commission and Architectural Review Board, with an appeal process to the City Council, to advise staff and the Council on these topics. simplify and shorten the project review process for certain types of projects. [Previous Policy G-1] Policy G-6.2 Assist decision-makers, applicants, and residents with improved tools for understanding planning regulations. [Previous Policy G-12] Use illustrations and a “form code” to simplify the Zoning Ordinance, to make it more understandable to readers, and to promote well-designed neighborhoods. [Previous Program G-17] PALO ALTO COMPREHENSIVE PLAN GOVERNANCE COUNCIL DRAFT – JUNE 12, 2017 G-15 Provide clear information across multiple Program G6.2.1 communications platforms to guide citizens and businesses through the City review and approval process. [Previous Program G-18] Continue and expand customer-oriented process Program G6.2.2 improvement efforts. ] [Previous Program G-19] Use the pre-screening process to obtain early Program G6.2.3 feedback from the City Council and the community regarding ordinance changes intended to facilitate specific development proposals. [Previous Policy G-16] Develop, use, and update when necessary, design guidelines for various geographic areas of the City or types of projects to supplement the Architectural Review Board Ordinance. [Existing Program G-20] Continually educate and remind policy and decision-makers, staff, and the public about the distinction between quasi-judicial and legislative decision-making. [Previous Program G-21] PALO ALTO COMPREHENSIVE PLAN GOVERNANCE G-16 COUNCIL DRAFT – JUNE 12, 2017 IMPLEMENTATION COUNCIL DRAFT – JUNE 12, 2017 1 This Council draft chapter was recommended by the full CAC at their April 18, 2017 meeting. Palo Alto’s Comprehensive Plan will be implemented both through the day-to-day decisions that rely on its vision, goals, and policies, as well as the implementation programs identified in this chapter. All substantive decisions about development projects, capital improvements, zoning changes, and other plans and policies affecting land use, transportation, and the physical environment will be reviewed for conformance with this Comprehensive Plan, thus advancing the Plan’s overall vision and policy framework. To complement the implementation of this plan that will occur as a review of individual decisions are made, the City has identified a list of implementation programs intended to provide an overall sense of the priorities for future actions in support of accomplishing the goals of the Comprehensive Plan. It provides the key mechanism to link Comprehensive Plan implementation to Palo Alto budget process, and it will ultimately be the yardstick against which Palo Alto can measure its Comprehensive Plan accomplishments. Introduction The Palo Alto Comprehensive Plan is the primary tool for guiding the future development of the City. Its Introduction describes the following seven major themes: Building Community and Neighborhoods Maintaining and Enhancing Community Character VISION: Palo Alto’s Implementation Plan is intended to provide an overall sense overview of the priorities for future actions in support of accomplishing to accomplish the goals of the Comprehensive Plan. It provides the a key mechanism to link Comprehensive Plan implementation to Palo Alto’s budget process, and it will ultimately be the a yardstick against which Palo Alto can measure its Comprehensive Plan accomplishments. PALO ALTO COMPREHENSIVE PLAN IMPLEMENTATION 2 COUNCIL DRAFT – JUNE 12, 2017 Reducing Reliance on the Automobile Meeting Housing Supply Challenges Protecting and Repairing Natural Features Meeting Residential and Commercial Needs Providing Responsive Governance and Regional Leadership Priorities Zoning Ordinance The Palo Alto Zoning Ordinance forms a foundation for development and redevelopment in the City, but it has not had a comprehensive update for over twenty years. Nearly fifty of the Comprehensive Plan programs will be addressed by updating the Zoning Ordinance. The Zoning Ordinance has a major focus on Land Use and Community Design, and it touches on all of the seven major themes of the Plan listed above. An updated Zoning Ordinance will help build a base for dealing with two critical needs in both Palo Alto and the region - housing and transportation. Changes to the Zoning Ordinance can support the Comprehensive Plan's vision to aggressively pursue a variety of housing opportunities that enhance the character, diversity and vitality of the City". Because there is a strong link between land use and transportation, Zoning Ordinance changes can address, in part, our transportation problems by alte1ing underlying land use patterns and encouraging exploration of alternative transportation modes. Work on the Zoning Ordinance began in 1998, and it is planned that the new Zoning Ordinance will be complete within four years. Transportation Strategy The Comprehensive Plan calls for a total transportation strategy with emphasis on reducing reliance on the automobile. The strategy includes altering traffic and parking patterns, exploration of a local shuttle system, traffic calming, the allowance of higher density developments near multi-modal transit locations, and seeking regional transportation solutions. A main objective of the Transportation Strategy is to improve and increase local transit services in the near future. Establishment of a local shuttle system is being explored in 1999, and other local transit services need to be explored and assessed as well. In order to evaluate the most effective actions, cost/benefit analysis should be done for key transportation programs to guide Palo Alto's decisions. PALO ALTO COMPREHENSIVE PLAN IMPLEMENTATION COUNCIL DRAFT – JUNE 12, 2017 I-3 Coordinated Area Plans The Comprehensive Plan calls for creation of a number of Coordinated Area Plans and smaller area plans to guide evolution of sub-areas of the City. These area plans, too, will address a majority of the Comprehensive Plan's seven themes. A Coordinated Area Plan for the South of Forest Avenue/ Palo Alto Medical Foundation (SOFA/PAMF) area is the first. Palo Alto will review the schedule for the remaining area plans based on the experiences with the SOFA/ PAMF plan, and will proceed with successive plans as rapidly as is feasible. Updating the Zoning Ordinance will address many of the issues associated with the need for area plans. Therefore, preparation of area plans should not impinge on resources dedicated to the Zoning Ordinance update. FORMAT OF THE IMPLEMENTATION TABLE The following table presents programs the City wants to undertake to help achieve the goals in the Comprehensive Plan, to the extent that resources are available. The programs in the Implementation Table describe and prioritize actions to implement various aspects of the Comprehensive Plan goals and policies. Some programs are already budgeted and ongoing, while the City Council will need to identify resources during future budget cycles in order to implement other programs. The Planning & Transportation Commission may recommend changing priorities or adding or subtracting programs in the course of their annual review, and staff may likewise recommend prioritization or funding during the annual budget process. The City Council may change the prioritization of programs through the regular five-year review cycle of the Comprehensive Plan’s implementation. For each program, the Implementation Table identifies the following: Lead Department or Agency: The City Department that would have primary responsibility for tracking and completing the program. Note that many programs will require collaboration between multiple departments as well as outside agencies; collaboration with appropriate parties would be coordinated by the Lead Department named in this column. Timing: This column identifies the timing for each program. While it would be desirable to pursue every program and policy immediately, the Comprehensive Plan is a long-range document that will be implemented over a number of years and priorities must be established to focus the City's efforts and to allocate the City's resources (City Council emphasis, staff time and PALO ALTO COMPREHENSIVE PLAN IMPLEMENTATION 4 COUNCIL DRAFT – JUNE 12, 2017 budget resources). At the initiation of this Plan in 1998-1999, the City sees the following three broad priorities.With resource constraints and changing circumstances, it is expected that the timing identified here may change. For example, as short-term programs begin, they will change to “In Progress.” Also, given these constraints together with the breadth of programs included, the City anticipates and expects that it may not be able to complete all of the programs listed within a specified timeframe. Five categories are used: • R: “Routine” activities that are part of the normal course of business for staff; • IP: “In progress” – programs that are already underway to complete a specific, defined work effort; • S: “Short-term” – programs planned for implementation within the first five years after Comprehensive Plan adoption; • M: “Medium-term” – typically means programs that would be implemented or completed roughly within five to ten years after Comprehensive Plan adoption; and • L: “Long-term” – programs that would be implemented or completed more than ten years after Comprehensive Plan adoption. Anticipated Level of Effort: Gives an order-of-magnitude of cost in terms of staff and monetary resources required to implement the program. It is difficult to determine the exact cost of most of the programs and the specific staffing requirements needed to support the scope of future detailed work plans. In general, physical improvements and major planning efforts are the most expensive type of investment the City can make; revisions to existing plans or studies would likely fall in the middle of the range; and some ongoing staff roles, such as providing education or some one-time activities, would be least expensive. There are more than three hundred programs and program-like policies in this Comprehensive Plan. More than half of these programs are "on-going", that is, at the beginning of this Plan have at least some current funding and are being undertaken by staff. Close to one hundred programs are new. Most of new programs come from the Land Use and Community Design Chapter and the Transportation Chapter, which indicates where Palo Alto sees a need for major change and PALO ALTO COMPREHENSIVE PLAN IMPLEMENTATION COUNCIL DRAFT – JUNE 12, 2017 I-5 improvement. As noted above, approximately fifty programs relate to the proposed Zoning Ordinance Update. For each Program, the Implementation Plan matrix defines the Lead Department or Agency, the Timing, the Financing, and Action Areas. Timing indicates when programs will be started and when the majority of the programs will be completed. Financing indicates a very broad range of cost and a designation for "on-going" or "one-time" funding. There are six Action Areas ranging from "revising or creating new ordinances" to "public outreach and education". The Comprehensive Plan is being incorporated into the City Budget and the Capital Improvement Program. The Implementation Plan will serve as a tracking system for future review and continued coordination with budgeting. RESOURCES Although Palo Alto would like to implement all these programs during the term of this Plan, there are capital resource and staffing limitations, as well as limitations to the amount of work that the City and the City Council can focus on effectively during this period. The completion of actions is contingent upon the availability of funding resources.It is difficult to determine the exact cost of most of the programs and the specific staffing requirements needed to support the scope of future detailed work plans. Issues that cannot be anticipated may arise in the future that may act to divert resources from the programs and priorities of the Comprehensive Plan. It is hoped that by acknowledging and focusing on Comprehensive Plan priorities, the City can avoid diversion of resources and attention. REVIEW AND UPDATE The Comprehensive Plan is a living document. Palo Alto's priorities will evolve through the life of this Plan, and therefore changes will need to be made to the Implementation Plan. Annually, as required by State Law and to measure what has been accomplished. This will be accomplished throughthe Municipal Code, the staff directed Comprehensive Plan Steering Committee, through an annual report for Planning and Transportation Commission review and integrationwill submit a report to the City Council on the status of the Comprehensive Plan projects in the City's budget process.and its implementation. This review can be combined with the PALO ALTO COMPREHENSIVE PLAN IMPLEMENTATION 6 COUNCIL DRAFT – JUNE 12, 2017 Commission’s review of the City’s Capital Improvement Program (CIP), which also occurs on an annual basis. CONCLUSION The Implementation Plan was designed to advance the overarching vision and themes of the Comprehensive Plan. The City recognizes there are resource constraints and a need to focus those resources. The Plan also recognizes the capacity of City resources and the need to focus those resources. It is hoped that the Implementation Plan appropriately addresses those themes, sets priorities for use of resources and creates a framework to answer the question that might be asked in 2010 - "What did the City of Palo Alto do and what actually changed, as a result of the 1998-2010 Comprehensive Plan?" PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 1 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element Goal L-1: A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities, and open spaces. L1.3.1 Work with neighbors, neighborhood associations, property owners, and developers to identify barriers to infill development of below market rate and more affordable market rate housing and to remove these barriers, as appropriate. Work with these same stakeholders to identify sites and facilitate opportunities for below market rate housing and housing that is affordable. Planning & Community Environment Department S $$ L1.5.1 Review regulatory tools available to the City and identify actions to enhance and preserve the livability of residential neighborhoods and the vitality of commercial and employment districts, including improved code enforcement practices. Planning & Community Environment Department S $$ L1.7.1 Maintain and update as appropriate the 1985 Land Use Policies Agreement that sets forth the land use policies of the City, Santa Clara County, and Stanford University with regard to Stanford unincorporated lands. Planning & Community Environment Department IP $ L1.9.1 Reevaluate the cumulative cap when the amount of new office/R&D square footage entitled since January 1, 2015 reaches 67 percent of the allowed square footage, or 1,139,000 square feet. Concurrently consider removal or potential changes to the cap and/or to the amount of additional development permitted by the City’s zoning ordinance. Planning & Community Environment Department M $ Goal L-2: An enhanced sense of “community” with development designed to foster public life, meet citywide needs and embrace the principles of sustainability. L2.2.1 Explore whether there are appropriate locations to allow small-scale neighborhood-serving retail facilities such as coffee shops and corner stores in residential areas. Planning & Community Environment Department M $ L2.4.1 Amend the Housing Element to eliminate housing sites along San Antonio Road and increase residential densities in Downtown and the California Avenue area to replace potential units from the sites eliminated. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 2 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L2.4.2 Allow housing on the El Camino Real frontage of the Stanford Research Park and at Stanford Shopping Center, provided that adequate parking and vibrant retail is maintained and no reduction of retail square footage results from the new housing. Planning & Community Environment Department S $ L2.4.3 Explore multi-family housing elsewhere in Stanford Research Park and near Stanford University Medical Center (SUMC). Planning & Community Environment Department M $ L2.4.4 Assess non-residential development potential in the Community Commercial, Service Commercial, and Downtown Commercial Districts (CC, CS, and CD) and the Neighborhood Commercial District (CN), and convert non-retail commercial FAR to residential FAR, where appropriate. Conversion to residential capacity should not be considered in Town and Country Village. Planning & Community Environment Department S $ L2.4.5 Update the municipal code to include zoning changes that allow a mix of retail and residential uses but no office uses. The intent of these changes would be to encourage a mix of land uses that contributes to the vitality and walkability of commercial centers and transit corridors. Planning & Community Environment Department S $ L2.4.6 Explore changing the Transfer of Development Rights (TDR) ordinances for both buildings of historic significance and for seismic retrofits so that transferred development rights may only be used for residential capacity Planning & Community Environment Department M $ L2.4.7 Explore mechanisms for increasing multi-family housing density near multimodal transit centers. Planning & Community Environment Department S $$ L2.5.1 Collaborate with PAUSD in exploring opportunities to build housing that is affordable to school district employees. Planning & Community Environment Department M $ L2.7.1 Review development standards to discourage the net loss of housing units. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 3 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L2.8.1 Conduct a study to evaluate various possible tools for preventing displacement of existing residents. Planning & Community Environment Department M $$ L2.8.2 Develop and implement a system to inventory the characteristics of existing housing units and track changes in those characteristics on a regular basis. Make the information publicly available. Planning & Community Environment Department M $$ Goal L-3: Safe, attractive residential neighborhoods, each with its own distinct character and within walking distance of shopping, services, schools, and/or other public gathering places. L3.2.1 Evaluate and implement strategies to prevent conversion of residential and neighborhood-serving retail space to office or short-term vacation rentals. Planning & Community Environment Department IP? $ L.3.5.1 Develop a program to assess and manage both the positive and negative impacts of basement construction in single family homes on the community and the environment, including: Impacts to the natural environment, such as potential impacts to the tree canopy, groundwater supply or quality, and soil compaction. Safety issues such as increased surface flooding, increased groundwater intrusion with sea level rise, emergency access and egress, or sewage backflows. Planning & Community Environment Department S $$ Goal L-4: Inviting pedestrian scale centers that offer a variety of retail and commercial services and provide focal points and community gathering places for the city’s residential neighborhoods and employment districts. L4.1.1 Evaluate the effectiveness of formula retail limits adopted for California Avenue. Develop incentives for local small businesses where warranted. Planning & Community Environment Department M $$ L4.1.2 Explore and potentially support new, creative and innovative retail in Palo Alto. Planning & Community Environment Department L $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 4 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L4.3.1 Study the feasibility of using public and private funds to provide and maintain landscaping and public spaces such as parks, plazas, sidewalks and public art within commercial areas. Planning & Community Environment Department M $ L4.3.2 Through public/private cooperation, provide well-signed, clean, and accessible restrooms. Planning & Community Environment Department R $ L4.3.3 Collaborate with merchants to enhance the appearance of streets and sidewalks within all Centers. Encourage the formation of business improvement districts and undertake a proactive program of maintenance, repair, landscaping and enhancement. Planning & Community Environment Department R $$ L4.3.4 Identify priority street improvements that could make a substantial contribution to the character of Centers, such as widening sidewalks, narrowing travel lanes, creating medians, restriping to allow diagonal parking, and planting trees. Planning & Community Environment Department S $$$ L.4.4.1 Explore increasing hotel FAR from 2.0 to 3.0 in the University Avenue/Downtown area, and 2.5 in areas outside of Downtown. Planning & Community Environment Department M $$ L4.6.1 Prepare a Coordinated Area Plan for Downtown. Planning & Community Environment Department S $$$ L4.7.1 While preserving adequate parking to meet demand, identify strategies to reuse surface parking lots. Planning & Community Environment Department R $ L4.7.2 Explore adding additional Floor Area Ratio (FAR) for retail at Stanford Shopping Center. Planning & Community Environment Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 5 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L4.8.1 Prepare a coordinated area plan for the Fry's site and surrounding California Avenue area. The plan should describe a vision for the future of the Fry's site as a walkable neighborhood with multi‐family housing, ground floor retail, a public park, creek improvements, and an interconnected street grid. It should guide the development of the California Avenue area as a well-designed mixed use district with diverse land uses and a network of pedestrian-oriented streets. Planning & Community Environment Department S $$$ L4.8.2 Create regulations for the California Avenue area that encourage the retention or rehabilitation of smaller buildings to provide spaces for existing retail, particularly local, small businesses. Planning & Community Environment Department S $$ Goal L-5: High quality employment districts, each with their own distinctive character and each contributing to the character of the city as a whole. L5.1.1 Explore with Stanford University various development options for adding to the Stanford Research Park a diverse mix of uses, including residential, commercial hotel, conference center, commercial space for small businesses and start-ups, retail, transit hub, and other community-supporting services that are compatible with the existing uses, to create a vibrant innovation-oriented community. Planning & Community Environment Department S $$ Goal L-6: Well-designed buildings that create coherent development patterns and enhance city streets and public spaces. L6.1.1 Promote awards programs and other forms of public recognition for projects of architectural merit that contribute positively to the community. Planning & Community Environment Department L $ L6.3.1 Develop guidelines for bird-friendly building design that minimizes hazards for birds and reduces the potential for collisions. Planning & Community Environment Department M $$ L6.6.1 Modify design standards for mixed use projects to promote a pedestrian-friendly relationship to the street, including elements such as screened parking or underground parking, street-facing windows and entries, and porches, windows, bays and balconies along public ways, and landscaping, and trees along the street. Avoid blank or solid walls at street level. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 6 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L6.7.1 Implement architectural standards to assure they effectively address land use transitions. Planning & Community Environment Department R $ Goal L-7: Conservation and preservation of Palo Alto’s historic buildings, sites, and districts. L7.1.1 Update and maintain the City’s Historic Resource Inventory to include historic resources that are eligible for local, State, or federal listing. Historic resources may consist of a single building or structure or a district. Planning & Community Environment Department S $ L7.1.2 Reassess the Historic Preservation Ordinance to ensure its effectiveness in the maintenance and preservation of historic resources, particularly in the University Avenue/Downtown area. Planning & Community Environment Department S $ L7.8.1 Promote and expand available incentives for the retention and rehabilitation of buildings with historic merit in all zones and revise existing zoning and permit regulations to minimize constraints to adaptive reuse. Planning & Community Environment Department M $ L7.8.2 Create incentives to encourage salvage and reuse of discarded historic building materials. Planning & Community Environment Department L $ L7.8.3 For proposed exterior alterations or additions to designated Historic Landmarks, require design review findings that the proposed changes are in compliance with the Secretary of the Interior Standards for Rehabilitation. Planning & Community Environment Department R $ L7.8.4 Seek additional innovative ways to apply current codes and ordinances to older buildings. Use the State Historical Building Code for designated historic buildings. Planning & Community Environment Department R $ L7.11.1 Review parking exceptions for historic buildings in the Zoning Code to determine if there is an effective balance between historic preservation and meeting parking needs. Planning & Community Environment Department L $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 7 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element Goal L-8: Attractive and safe civic and cultural facilities provided in all neighborhoods and maintained and used in ways that foster and enrich public life. Goal L-9: Attractive, inviting public spaces and streets that enhance the image and character of the city. L9.1.1 Evaluate existing zoning code setback requirements to ensure they are appropriate for scenic routes. Planning & Community Environment Department L $ L9.3.1 Review standards for streets and signage and update as needed to foster natural, tree-lined streets with a minimum of signage. Planning & Community Environment Department M $ L9.6.1 Analyze existing neighborhoods and determine where publicly accessible shared, outdoor gathering spaces are below the citywide standard. Create new public spaces, including public squares, parks and informal gathering spaces in these neighborhoods. Planning & Community Environment Department M $$$ L9.7.1 Develop a strategy to enhance gateway sites with special landscaping, art, public spaces, and/or public buildings. Emphasize the creek bridges and riparian settings at the entrances to the City over Adobe Creek and San Francisquito Creek. Planning & Community Environment Department R $ L9.8.1 Establish incentives to encourage native trees and low water use plantings in new development throughout the city. Planning & Community Environment Department M $ L9.11.1 Continue the citywide undergrounding of utility wires. Minimize the impacts of undergrounding on street tree root systems and planting areas. City of Palo Alto Utilities R $$$ L9.11.2 Encourage the use of compact and well-designed utility elements, such as transformers, switching devices, backflow preventers, and telecommunications infrastructure. Place these elements in locations that will minimize their visual intrusion. City of Palo Alto Utilities R $ L9.12.2 Implement the findings of the City’s Infrastructure Blue Ribbon Committee and its emphasis for rebuilding our civic spaces. Department of Public Works IP $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 8 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 2. Land Use Element L9.12.3 Identify City-owned properties where combinations of wireless facilities can be co-located, assuming appropriate lease agreements are in place. City of Palo Alto Utilities M $ Goal L-10: Maintain an economically viable local airport with minimal environmental impacts. L10.1.1 Relocate the terminal building away from the Runway 31 clear zone and closer to the hangars, allowing for construction of a replacement terminal. Department of Public Works L $$$ L10.1.2 Update the Airport Layout Plan in accordance with Federal Aviation Administration requirements, as needed, while ensuring conformance with the Baylands Master Plan to the maximum extent feasible. Department of Public Works M $$$ L10.1.3 Identify and pursue funding to address maintenance, safety and security improvements needed at PAO. Department of Public Works R $ L10.3.1 Establish and implement a system for processing, tracking and reporting noise complaints regarding local airport operations on an annual basis, Department of Public Works S $$ L10.3.2 Work with the airport to pursue opportunities to enhance the open space and habitat value of the airport. These include: maintaining native grasses; reconstructing levees to protect the airport from sea level rise while enhancing public access and habitat conservation; and evaluating the introduction of burrowing owl habitat. This program is subject to federal wildlife hazard requirements and guidelines for airports. Community Services Department R $$ L10.4.1 Continue to provide a bicycle/pedestrian path adjacent to Embarcadero Road, consistent with the Baylands Master Plan and open space character of the baylands subject to federal and State airport regulations. Planning & Community Environment Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 9 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element Goal T-1: Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation, and other methods to reduce greenhouse gas emissions and the use of single occupancy motor vehicles. T1.2.1 Create a long-term education program to change the travel habits of residents, visitors, shoppers, and workers by informing them about transportation alternatives, incentives, and impacts. Work with the Palo Alto Unified School District and with other public and private interests, such as the Chamber of Commerce and Commuter Wallet partners, to develop and implement this program. Planning & Community Environment Department R $ T1.2.2 Formalize Transportation Demand Management (TDM) requirements by ordinance and require new developments above a certain size threshold to prepare and implement a TDM plan to meet specific performance standards. Require regular monitoring/reporting and provide for enforcement with meaningful penalties for non-compliance. The ordinance should also: Establish a list of effective TDM measures that include transit promotion, prepaid transit passes, commuter checks, car sharing, carpooling, parking cash-out, bicycle lockers and showers, shuttles to Caltrain, requiring TMA membership and education and outreach to support the use of these modes. Allow property owners to achieve reductions by contributing to citywide or employment district shuttles or other proven transportation programs that are not directly under the property owner’s control. Provide a system for incorporating alternative measures as new ideas for TDM are developed. Establish a mechanism to monitor the success of TDM measures and track the cumulative reduction of daily motor vehicle trips. TDM measures should at a minimum achieve the following reduction in daily motor vehicle trips, with a focus on single-occupant vehicle trips. Reductions should be based on the rates included in the Institute of Transportation Engineers’ Trip Generation Manual for the appropriate land use category: • 50 percent reduction in the Downtown district • 35 percent reduction in the California Avenue area • 30 percent reduction in the Stanford Research Park • 30 percent reduction in the El Camino Real Corridor Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 10 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element • 20 percent reduction in other areas of the city Require new development projects to pay a Transportation Impact Fee for all those daily motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing vehicle trips and traffic congestion. T1.2.3 Evaluate the performance of pilot programs implemented by the Palo Alto Transportation Management Association and pursue expansion from Downtown to California Avenue and other areas of the city when appropriate. Planning & Community Environment Department IP $ T1.2.4 Site City facilities near high-capacity transit and revise existing regulations, policies, and programs to encourage telecommuting, satellite office concepts, and work-at-home options. Planning & Community Environment Department R $ T1.3.1 Develop an electric vehicle promotion program that identifies policy and technical issues, barriers and opportunities to the expansion of electric vehicles. Office of Sustainability M $$ T1.3.2 Use low-emission vehicles for the Palo Alto Free Shuttle and work with transit providers, including SamTrans and VTA, to encourage the adoption of electric, fuel cell or other zero emission vehicles. Also work with private bus and shuttle providers, delivery companies, and ride services. Planning & Community Environment Department M $$$ T1.4.1 Update the Zoning Code to ensure compatibility with the electric vehicle infrastructure requirements. Planning & Community Environment Department S $ T1.4.2 Periodically review requirements for electric and plug-in vehicle infrastructure in new construction. Consider and periodically review requirements for electric and plug-in infrastructure for remodels. Consider costs to the City, including identifying payment options. Office of Sustainability R $ T1.6.1 Collaborate with transit providers, including Caltrain, bus operators and rideshare companies, to develop first/last mile connection strategies that boost the use of transit and shuttle service for local errands and commuting. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 11 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T1.6.2 Continue to work with Caltrain, Amtrak, and public bus operators to expand bicycle storage on public transit vehicles and at transit hubs during both peak and off-peak hours. Planning & Community Environment Department IP $ T1.11.1 Collaborate with Stanford University, VTA, Caltrain and other agencies to pursue improvements to the Palo Alto Transit Center area aimed at enhancing pedestrian experience and improving circulation and access for all modes, including direct access to El Camino Real for transit vehicles. Planning & Community Environment Department IP $$$ T1.11.2 In collaboration with Caltrain and Stanford Research Park, pursue expansion of service to the California Avenue Caltrain Station and creation of an enhanced transit center at the Station, including connections to VTA bus service, the Palo Alto Free Shuttle, the Marguerite, and other private shuttles serving the Research Park. Planning & Community Environment Department M $$$ T1.12.1 Strongly recommend that VTA maintain existing service and coverage levels in Palo Alto. Planning & Community Environment Department IP $ T1.12.2 Work with VTA to expand VTA express bus service routes to serve the Stanford Research Park, California Avenue, Stanford University, and Downtown. Planning & Community Environment Department S $$ T1.12.3 Study the feasibility of, and if warranted provide, traffic signal prioritization for buses at Palo Alto intersections, focusing first on regional transit routes. Also, advocate for bus service improvements on El Camino Real such as queue jump lanes and curbside platforms. Planning & Community Environment Department M $$ T1.13.1 Investigate a pilot program to subsidize a taxi, rideshare, or transit program for Palo Altans to get to/from downtown, including offering education and incentives to encourage users. Planning & Community Environment Department M $ T1.14.1 Evaluate the shuttle system in collaboration with community members, people with special needs, and PAUSD to: Evaluate current routes and ridership; Identify potential service improvements, including new or modified routes; Planning & Community Environment Department IP $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 12 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element expanded schedules that accommodate daytime, evening, and weekend demand; facilitating transit connections, and improvements to the safety and appearance of shuttle stops; Explore partnerships with other services that could complement and supplement the Palo Alto Shuttle; Develop clear and engaging materials to explain and promote shuttle use with the purpose of reducing barriers to use; and Establish a schedule for regular evaluation and reporting to optimize shuttle system use and effectiveness. T1.16.1 Continue regular surveys of bicycle use across the city, by collecting bicycle counts on important and potential bicycle corridors. Planning & Community Environment Department IP $$ T1.16.2 Consider marketing strategies such as a recurring Palo Alto Open Streets program of events, potentially in coordination with local business groups, which would include street closures and programming. Planning & Community Environment Department M $ T1.16.3 Encourage private schools to develop Walk and Roll Maps as part of Transportation Demand Management strategies to reduce vehicle trips. Planning & Community Environment Department IP $ T1.16.4 Participate in local and regional encouragement events such as Palo Alto Walks and Rolls, Bike to Work Day, and Bike Palo Alto! that encourages a culture of bicycling and walking as alternatives to single occupant vehicle trips. Planning & Community Environment Department M $ T1.19.1 Adjust the street evaluation criteria of the City's Pavement Management Program to ensure that areas of the road used by bicyclists are maintained at the same standards as, or at standards higher than, areas used by motor vehicles. Include bicycle and e-bike detection in intersection upgrades. Department of Public Works M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 13 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T1.19.2 Prioritize investments for enhanced pedestrian access and bicycle use within Palo Alto and to/from surrounding communities, including by incorporating improvements from related City plans, for example the 2012 Bicycle + Pedestrian Transportation Plan and the Parks, Trails & Open Space Master Plan, as amended, into the Capital Improvements Program. Department of Public Works IP $$$ T1.19.3 Increase the number of east-west pedestrian and bicycle crossings across Alma Street and the Caltrain corridor, particularly south of Oregon Expressway. Department of Public Works L $$$ T1.19.4 Encourage the use of bike sharing, and the provision of required infrastructure throughout Palo Alto, especially at transit stations and stops, job centers, community centers, and other destinations. Planning & Community Environment Department IP $ T1.19.5 Improve amenities such as seating, lighting, bicycle parking, street trees, public art, and interpretive stations along bicycle and pedestrian paths and in City parks to encourage walking and cycling and enhance the feeling of safety. Planning & Community Environment Department & Department of Public Works IP $$$ T1.22.1 Collect, analyze and report transportation data through surveys and other methods on a regular basis. Track progress on build-out of the 2012 Bicycle + Pedestrian Transportation Plan network. Planning & Community Environment Department R $$ T1.25.1 As part of the effort to reduce traffic congestion, regularly evaluate the City’s current Transportation Impact Fee and modify as needed to implement transportation infrastructure improvements. Modifications to the impact fee program should be structured in keeping with the City’s desire to require new development to reduce daily motor vehicle trips to the extent feasible through TDM plans and by contributions to the provision of transit services, shuttles, carpool/rideshare incentives, and similar programs. Planning & Community Environment Department IP $ T1.26.1 In collaboration with regional agencies and neighboring jurisdictions, identify and pursue funding for rail corridor improvements and grade separation. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 14 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element Goal T-2: Decrease delay, congestion, and vehicle miles travelled with a priority on our worst intersections and our peak commute times, including school traffic. T2.1.1 Implement computerized traffic management systems to improve traffic flow when feasible. Planning & Community Environment Department IP $$$ T2.1.2 Implement a program to monitor, coordinate, and optimize traffic signal timing a minimum of every two years along arterial and residential arterial streets. Planning & Community Environment Department IP $$ T2.2.1 Work in partnership with the Palo Alto TMA and Stanford University to aggregate data and realize measurable reductions in single-occupant vehicle commuting to and from Downtown and in the Stanford Research Park. Planning & Community Environment Department IP $ T2.3.1 When adopting new CEQA significance thresholds for compliance with SB 743 (2013), adopt standards for vehicular LOS, and also explore desired standards for multi-modal levels of service (MMLOS), which includes motor vehicle LOS, at signalized intersections for use in evaluating the consistency of a proposed project with the Comprehensive Plan. Planning & Community Environment Department S $$ T2.4.1 Revise protocols for reviewing office, commercial, and multi-family residential development proposals to evaluate multimodal level of service and identify gaps in the low stress bicycle and pedestrian network. Planning & Community Environment Department S $ Goal T-3: Maintain an efficient roadway network for all users. T3.5.1 Continue to use best practices in roadway design that are consistent with complete streets principles and the Urban Forest Master Plan, focusing on bicycle and pedestrian safety and multi-modal uses. Consider opportunities to incorporate best practices from the National Association of City Transportation Officials guidelines for urban streets and bikeways, tailored to the Palo Alto context. Department of Public Works S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 15 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T3.5.2 Establish procedures for considering the effects of street design on emergency vehicle response time. Department of Public Works & Palo Alto Police Department & Palo Alto Fire Department R $ T3.10.1 Support increased public transit, traffic management and parking solutions to ensure safe, convenient access to and from the Stanford Shopping Center/ Medical Center area. Planning & Community Environment Department R $ T3.10.2 Implement and monitor Development Agreement traffic mitigations at Stanford Medical Center. Planning & Community Environment Department IP $ T3.10.3 Provide safe, convenient pedestrian, bicycle, and transit connections between the Stanford Shopping Center/Medical Center areas and housing along the Sand Hill Road/Quarry Road corridors to Palo Alto Transit Center, Downtown Palo Alto, and other primary destinations. Planning & Community Environment Department R $$$ T3.10.4 Pursue extension of Quarry Road for transit, pedestrians and bicyclists to access the Palo Alto Transit Center from El Camino Real. Also study the feasibility of another pedestrian and bicycle underpass of Caltrain at Everett Street. Planning & Community Environment Department M $$ T3.15.1 Undertake studies and outreach necessary to advance grade separation of Caltrain to become a “shovel ready” project and strongly advocate for adequate State, regional, and federal funding for design and construction of railroad grade separations. Planning & Community Environment Department S $$$ T3.15.2 Conduct a study to evaluate the implications of grade separation on bicycle and pedestrian circulation. Planning & Community Environment Department S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 16 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T3.17.1 Complete a Palo Alto Avenue crossing study to identify potential near-term safety and accessibility improvements. Planning & Community Environment Department S $$ T3.17.2 Work with Caltrain to ensure that the rail tracks are safe and secure with adequate fencing and barriers. Planning & Community Environment Department S $ Goal T-4: Protect local streets that contribute to neighborhood character and provide a range of local transportation options. T4.2.1 Identify specific improvements that can be used to discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. Planning & Community Environment Department S $$ T4.2.2 Periodically evaluate residential areas for traffic impacts and use the results of that evaluation to prioritize traffic calming measures. Planning & Community Environment Department IP $$ T4.3.1 Use landscaping and other improvements to establish clear “gateways” at the points where the Oregon Expressway, University Avenue and Embarcadero Road transition from freeways to neighborhoods. Department of Public Works L $$$ Goal T-5: Encourage attractive, convenient, efficient and innovative parking solutions for all users. T5.1.1 Evaluate the need to update parking standards in the municipal code, based on local conditions, different users’ needs and baseline parking need. Allow the use of parking lifts for Office/R&D and multifamily housing as appropriate. Planning & Community Environment Department S $ T5.1.2 Consider reducing parking requirements for retail and restaurant uses as a way to encourage new businesses and the use of alternative modes. Planning & Community Environment Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 17 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T5.1.3 Work with stakeholders in each commercial center and employment district to monitor conditions and determine the appropriate timing for revisions to parking requirements. Planning & Community Environment Department M $ T5.1.4 Study the feasibility of unbundled parking for office, commercial, and multi-family residential developments (including senior housing developments) that are well-served by transit and demonstrated walking and biking connections. Planning & Community Environment Department S $ T5.1.5 Consider reducing parking requirements for multi-family uses as a way to encourage new multi-family housing and the use of alternative modes, where reduction in parking would not impact the neighborhood. Planning & Community Environment Department S $ T5.2.1 Use technology to help identify parking availability and make it easy to pay any parking fees. Planning & Community Environment Department S $$$ T5.2.2 Study and implement pricing strategies for public parking in commercial districts, taking into consideration both employee parking demand and the needs of retailers and customers. Use pricing to encourage short term parking on street, long term parking in parking garages, and the use of alternative modes of transportation Planning & Community Environment Department IP $$ T5.2.3 Implement Council-adopted recommendations from the parking management study for the Downtown area, which address the feasibility of removing color- coded parking zones, and dynamic pricing and management policies to prioritize short-term parking spaces closest to the commercial core for customers, garage parking for employees, and neighborhood parking for residents. Planning & Community Environment Department S $$$ T5.4.1 Explore incentives to encourage privately initiated shared parking among individual property owners when developments have excess parking that can be available for other businesses to use. Planning & Community Environment Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 18 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T5.8.1 Study the feasibility of retrofitting City-owned surface parking lots to implement best management practices for stormwater management and urban heat island mitigation, including green infrastructure, permeable pavement and reflective surfaces. Department of Public Works S $$ T5.8.2 Identify incentives to encourage the retrofit of privately owned surface parking areas to incorporate best management practices for stormwater management and urban heat island mitigation as well as incentives for the provision of publicly accessible bicycle parking in privately owned lots. Planning & Community Environment Department S $ T5.8.3 Update City requirements regarding trees and other landscaping that capture and filter stormwater within surface parking lots to take advantage of new technology. Planning & Community Environment Department R $ T5.11.1 Coordinate with neighborhood groups and local businesses and other stakeholders to evaluate the need for a residential parking permit program in areas without existing programs. Planning & Community Environment Department S $$ T5.12.1 Work with employers, merchants, schools, and community service providers, to identify ways to provide more bicycle parking, including e-bike parking with charging stations, near existing shops, services and places of employment. Planning & Community Environment Department R $ T5.12.2 Install secure electronic bike lockers such as the BikeLink system, at high theft locations, including transit stations and parking garages. Planning & Community Environment Department M $$ T5.12.3 Assess the need to provide additional bicycle parking in City-owned parking lots and rights-of-way. Planning & Community Environment Department M $$ Goal T-6: Provide a safe environment for motorists, pedestrians, and bicyclists on Palo Alto streets. T6.1.1 Follow the principles of the safe routes to schools program to implement traffic safety measures that focus on Safe Routes to work, shopping, downtown, community services, parks, and schools. Planning & Community Environment Department R $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 19 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T6.1.2 Develop, distribute and aggressively promote maps and apps showing safe routes to work, shopping, community services, parks and schools within Palo Alto in collaboration with stakeholders, including PAUSD, major employers, TMAs, local businesses and community organizations. Planning & Community Environment Department IP $$ T6.1.3 Address pedestrian safety along Alma Street between Embarcadero Road and Lytton Street. Planning & Community Environment Department S $$ T6.1.4 Address pedestrian safety on shared-use paths through the use of signs, pavement markings, and outreach to users, encouraging them to be safe and courteous. Planning & Community Environment Department R $ T6.2.1 Regularly collect severity and location data on roadway collisions for all modes of travel, including fatalities and severe injuries, and use this data to make roadway design decisions. In collaboration with Santa Clara County, develop an up-to-date, public database for this information. Planning & Community Environment Department R $$ T6.4.1 Consider the Adopted School Commute Corridors Network and adopted “Walk and Roll” maps when reviewing development applications and making land use and transportation planning decisions. Incorporate these requirements into City code when feasible. Planning & Community Environment Department R $ T6.4.2 Establish standards and procedures for maintaining safe bicycling routes, including signage for warnings and detours during construction projects. Planning & Community Environment Department IP $ T6.4.3 In collaboration with PAUSD, provide adult crossing guards at school crossings that meet established warrants. Planning & Community Environment Department S $$ T6.6.1 Periodically evaluate safety on roadways and at intersections and enhance conditions through the use of signal technology and physical changes. Consider the construction of traffic circles for improved intersection safety. Planning & Community Environment Department R $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 20 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T6.6.2 Continue to provide educational programs for children and adults, in partnership with community-based educational organizations, to promote the safe use of bicycles, including the City-sponsored bicycle education programs in the public schools and the bicycle traffic school program for juveniles. Planning & Community Environment Department R $$ T6.6.3 Work with PAUSD and employers to promote roadway safety for all users, including motorized alternatives to cars and bikes such as mopeds and e-bikes, through educational programs for children and adults. Planning & Community Environment Department R $$ T6.6.4 Complete a mobility and safety study for downtown Palo Alto, looking at ways to improve circulation and safety for all modes. Planning & Community Environment Department M $$ T6.6.5 Identify and construct safety improvements for pedestrian underpasses, including on Embarcadero Road. Planning & Community Environment Department L $$$ T6.6.6 Improve pedestrian crossings by creating protected areas and better pedestrian and traffic visibility. Use a toolbox including bulb outs, small curb radii, high visibility crosswalks, and landscaping. Planning & Community Environment Department R $$$ T6.6.7 Establish a program to educate residents to keep sidewalks clear of parked cars, especially on narrow local streets in neighborhoods with rolled curbs. Survey for compliance annually. Planning & Community Environment Department M $$ T6.7.1 Evaluate the performance of safety improvements and identify methods to encourage alternative transportation modes. Planning & Community Environment Department R $ Goal T-7: Provide mobility options that allow people who are transit dependent to reach their destinations. T7.1.1 Expand transportation opportunities for transit-dependent riders by supporting discounts for taxi fares, rideshare services, and transit, by coordinating transit systems to be shared by multiple senior housing developments, and by maintaining a database of volunteer drivers, and other transit options. Planning & Community Environment Department M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 21 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 3. Transportation Element T7.1.2 Coordinate with social service agencies and transit agencies to fill gaps in existing transportation routes and services accessible to transit-dependent riders no matter their means and design new bus routes that enable them to access those services. Planning & Community Environment Department R $$$ T7.1.3 Pursue expanded evening and night time bus service to enhance mobility for all users during off-peak times. Planning & Community Environment Department R $ Goal T-8: Influence the shape and implementation of regional transportation policies and technologies to reduce traffic congestion and greenhouse gas emissions. T8.3.1 Continue to participate in regional efforts to develop technological solutions that make alternatives to the automobile more convenient and thereby contribute to reducing congestion. Planning & Community Environment Department R $ T8.6.1 Advocate for provision of a new southbound entrance ramp to Highway 101 from San Antonio Road, in conjunction with the closure of the southbound Charleston Road on-ramp at the Rengstorff Avenue interchange in Mountain View. Planning & Community Environment Department S $ T8.6.2 Advocate for improved connectivity to transit to serve workers who live in the South Bay and work in Palo Alto. Planning & Community Environment Department R $ T8.10.1 Work with regional transportation providers, including BART and Caltrain, to improve connections between Palo Alto and the San Francisco International Airport and Norman Y. Mineta San Jose International Airport. Planning & Community Environment Department R $ T8.12.1 Identify and improve bicycle connections to/from neighboring communities in Santa Clara and San Mateo counties to support local trips that cross city boundaries. Also advocate for reducing barriers to bicycling and walking at freeway interchanges, expressway intersections, and railroad grad crossings. Planning & Community Environment Department IP $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 22 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment Goal N-1: Protect, conserve and enhance Palo Alto’s citywide system of open space, including connected and accessible natural and urban habitats, ecosystems, and natural resources, providing a source of public health, natural beauty and enjoyment for Palo Alto residents. N1.1.1 Develop Comprehensive Resource Conservation Plans for the Pearson Arastradero Preserve, Esther Clark Preserve, and Foothills Park to steward the protection of local ecosystems. Community Services Department S-M $$$ N1.1.2 Promote and support ecosystem protection and environmental education programs in Palo Alto and neighboring school districts. Community Services Department S $ N1.3.1 Work to maintain Williamson Act agricultural preserve contracts within the City. Planning & Community Environment Department S $ N1.3.2 Provide information and support programs that encourage residents to enhance their private yards with native plant species and low impact landscaping. Planning & Community Environment Department R $$ N1.4.1 Periodically review CEQA thresholds of significance regarding special status species to identify changes in listed species recommended by professionally recognized scientific experts. Planning & Community Environment Department R $ N1.4.2 Explore the feasibility of expanding the use of overlay tools such as the Site and Design (D) Review Combining District or similar development review and restriction tools to protect special-status species and their habitats from development. Planning & Community Environment Department M $$ N1.4.3 Assess opportunities to expand habitats of special –status species within publicly- owned open spaces. Community Services Department R $$ N1.5.1 Maintain the value of local wetlands as habitats by ensuring adequate flow from the Bay and minimizing effluent. Community Services Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 23 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N1.6.1 Continue to coordinate City review, particularly by Planning, Public Works and Community Services Departments, of projects that might impact the City’s foothills and hillside areas. Planning & Community Environment Department R $$ N1.7.1 Examine and improve existing management practices, including the provision of access to open space for City vehicles and equipment, to ensure that natural resources are protected. Community Services Department R $$ N1.7.2 Protect wildlife in public open space areas by improving litter collection, restricting the use of non-recyclable plastics, prohibiting the feeding of wild, feral and stray and domestic animals in open space, and enforcing dog leash laws Community Services Department R $ N1.7.3 Provide information about responsible behavior in environmentally-sensitive areas through signage, pamphlets and documents on the City’s website. Community Services Department R $ N1.7.4 Review and map existing easements and maintenance roads for potential trails and trail connections. Community Services Department S $$ N1.10.1 Use City funds and seek additional sources of funding, including State and federal programs, to finance open space acquisition, maintenance or conservation. Community Services Department R $ N1.10.2 Create mechanisms to monitor, assess and respond quickly to land acquisition opportunities that would expand or connect the City’s system of parks and open spaces, and establish a long-term funding strategy for acquisition that would enable the City to move quickly when opportunities arise. Community Services Department S $$$ Goal N-2: A thriving urban forest that provides public health, ecological, economic, and aesthetic benefits for Palo Alto. N2.1.1 Explore ways to prevent and ameliorate damage to trees and tree roots by above and below ground infrastructure and buildings. Department of Public Works R $ N2.2.1 Periodically update the Urban Forest Master Plan and Tree Protection Ordinance to ensure policies and regulations remain relevant set leading standards for tree health practices. Department of Public Works R $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 24 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N2.4.1 Promote landscape design that optimizes soil volume, porosity, structure and health, as well the location, shape and configuration of soil beds. Planning & Community Environment Department M $ N2.7.1 Maintain and irrigate healthy trees in parks, open space, parking lots, and City rights-of-way, while identifying and replacing unhealthy trees in those areas. Department of Public Works S $$ N2.7.2 Continue to invest in the care, irrigation and monitoring of street trees during drought conditions. Department of Public Works R $$ N2.7.3 Actively pursue funding for tree planting to increase canopy cover significantly across the city, avoid a net loss of canopy at the neighborhood level, and attain canopy size targets in parks, open space, parking lots, and City rights-of-way. Department of Public Works R $ N2.9.1 Increase awareness, severity and enforcement of penalties for tree damage. Department of Public Works M $ N2.9.2 Develop a program for using the City’s Urban Forestry Fund to replace trees lost to public improvement and infrastructure projects, with replanting occurring onsite or as close to the original site as is ecologically appropriate. Department of Public Works M $$ N2.10.1 Continue to require replacement of trees, including street trees lost to new development. Planning & Community Environment Department R $ N2.10.2 As part of the update of the Tree and Landscape Technical Manual, consider expanding tree protections to include additional mature trees and provide criteria for making site-specific determinations of trees that should be protected. Planning & Community Environment Department S $ N2.10.3 Consider revisions to the appeals process to increase transparency regarding tree removals and expanded opportunities for community members to appeal the removal of trees. Planning & Community Environment Department L $$ N2.11.1 Develop a transparent and publicly accessible street tree removal and replacement schedule. Department of Public Works M $ N2.11.2 Develop a program to replace unhealthy public trees over time. Department of Public Works M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 25 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N2.12.1 Explore ways to leverage the fact that Palo Alto’s urban forest alleviates climate change by capturing and storing carbon dioxide. Department of Public Works M $ N2.13.1 Work with local nonprofits to establish one or more tree planting programs that are consistent with the UFMP, and rely on locally native, resilient species. Review existing tree planting guidelines to ensure they achieve these objectives. Department of Public Works S $$ N2.13.2 Provide on-going education for City staff, residents, and developers regarding landscape, maintenance, and irrigation practices that protect the urban forest and wildlife species. Department of Public Works R $ N2.13.3 Involve tree owners in tree maintenance programs. Planning & Community Environment Department R $ N2.13.4 Cooperate with the Palo Alto Unified School District, Stanford University, Caltrain, Caltrans, PG&E, and other public and private entities to ensure that their tree planting, tree removal, and maintenance practices are consistent with City guidelines. Department of Public Works R $ Goal N-3: Conservation of both natural and channelized creeks and riparian areas as open space amenities, natural habitat areas, and elements of community design. N3.3.1 Update the Stream Corridor Protection Ordinance to explore a setback along natural creeks in open space and rural areas west of Foothill Expressway that prohibits the siting of buildings and other structures, impervious surfaces, outdoor activity areas, and ornamental landscaped areas within 150 feet of the top of a creek bank. Allow passive or intermittent outdoor activities and pedestrian, equestrian, and bicycle pathways along natural creeks where there are adequate setbacks to protect the natural riparian environment. Within the setback area, provide a border of native riparian vegetation at least 30 feet along the creek bank. Updates should establish: Conditions under which single family property is exempt from the 150-foot setback. Appropriate setbacks and creek conservation measures for undeveloped parcels west of Foothill Expressway. Planning & Community Environment Department S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 26 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment Regulation of existing development within the 150-foot setback. Design recommendations for development or redevelopment within the setback, consistent with basic creek habitat objectives and significant net improvement in the condition of the creek. N3.3.2 Examine the development regulations of the Stream Corridor Protection Ordinance, with stakeholder involvement, to establish appropriate setback requirements that reflect the varying natural and channelized conditions along creeks east of Foothill Expressway. Planning & Community Environment Department S $$ N3.3.3 For all creeks, update the Stream Corridor Protection Ordinance to minimize impacts on wildlife by: Limiting the development of recreational trails to one side of natural riparian corridors. Requiring careful design of lighting surrounding natural riparian corridors to maximize the distance between nighttime lighting and riparian corridors and direct lighting away from the riparian corridor. Planning & Community Environment Department S $$ N3.4.1 Develop a community creek stewardship program to promote existing creek clean-up days, organize new events, and increase appreciation of riparian corridors. Department of Public Works M $$ N3.6.1 Review and update the Grading Ordinance to ensure that it adequately protects creeks from the erosion and sedimentation impacts of grading. Department of Public Works M $$ N3.8.1 Work with the Santa Clara Valley Water District to develop a maintenance, restoration and enhancement improvement program that preserves flood protection while preserving riparian habitat, and identifies specific stretches of corridor to be restored or daylighted, standards to be achieved, and sources of funding. Include provisions for tree and vegetation planting to enhance natural habitat and shade cover. Department of Public Works M $$ N3.8.2 Participate cooperatively in the San Francisquito Creek Joint Powers Authority (JPA) to achieve increased flood protection, habitat preservation, enhancement and improved recreational opportunities along San Francisquito Creek. Department of Public Works IP $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 27 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment Goal N-4: Water resources and infrastructure that are managed to sustain plant and animal life, support urban activities, and protect public health and safety. N4.2.1 Educate customers on efficient water use (indoor and outdoor), tree care, and landscaping options. Department of Public Works R $ N4.5.1 Study the supply and quality of local groundwater aquifers to better understand their utility as natural water storage. City of Palo Alto Utilities L $ N4.5.2 Work with local public agencies to educate residents regarding the public health, fire, and overall quality of life risks associated with long-term drought. City of Palo Alto Utilities R $ N4.6.1 Encourage residents to use rain barrels or other rainwater reuse systems. City of Palo Alto Utilities S $ N4.7.1 Advocate for Santa Clara Valley Water District to prepare a high-quality groundwater management plan that will address groundwater supply and quality, including, as appropriate: An understanding of subsurface hydrology. Strategies to reduce depletion. Opportunities to recharge groundwater, including through use of recycled water and extracted groundwater. Methods to ensure that uncontaminated, toxin-free groundwater is used in a manner that benefits the community, for example in irrigation of parks, street cleaning, and dust suppression. An approach to metering extracted groundwater. Department of Public Works S $ N4.7.2 Work with neighboring jurisdictions and regional agencies to protect ground water. Department of Public Works R $ N4.7.3 Support the Santa Clara Valley Water District and the Regional Water Quality Control Board to implement their mandate to protect groundwater from the adverse impacts of urban uses. Department of Public Works S $ N4.7.4 Work with the Santa Clara Valley Water District and Regional Water Quality Control Board and the Regional Water Quality Control Board to identify and map key groundwater recharge and stormwater management areas for use in land use planning and permitting and the protection of groundwater resources. Department of Public Works IP $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 28 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N4.8.1 Research and promote new construction techniques and recharge strategies developed to reduce subsurface and surface water impacts and comply with City dewatering policies. Department of Public Works IP $ N4.8.2 Explore appropriate ways to monitor all excavations and other projects to ensure that dewatering does not result in recharge into the aquifer where needed. Department of Public Works S $ N4.9.1 Monitor and implement practices for reducing water pollution. Examples include state-of-the-art best management practices (BMPs), land use planning approaches, and construction of modern stormwater management facilities. Department of Public Works R $$$ N4.9.2 Continue public education programs on water quality issues, including best management practices for residents, businesses, contractors, and City employees. Department of Public Works R $ N4.9.3 Implement swift and rigorous spill response, cleanup, and follow-up investigation procedures to reduce the impacts of toxic spills on the City’s creeks and San Francisco Bay. Department of Public Works R $$ N4.9.4 Increase monitoring and enforcement of existing prohibitions on materials and practices known to impact local water quality, such as use of copper, in the design and construction industries. Department of Public Works R $ N4.10.1 Evaluate neighborhoods where parking controls may hinder street sweeping and recommend any changes that are needed. Department of Public Works M $ N4.11.1 Implement the City’s Integrated Pest Management Policy with periodic assessments of pesticide use and use of Best Management Practices to reduce pesticide applications and toxicity, and maximize non-chemical control. Department of Public Works R $ N4.11.2 Revise the City’s Tree and Landscape Technical Manual to include stronger requirements for least-toxic practices in the landscape permitting process. Department of Public Works S $ N4.11.3 Promote the value of toxin-free landscape management, and educate residents about the impacts of common fertilizers, herbicides, insecticides, and pesticides on local water quality. Department of Public Works R $ N4.12.1 Promote the use of permeable paving materials or other design solutions that allow for natural percolation and site drainage through a Storm Water Rebate Program and other incentives. Department of Public Works S $ N4.12.2 Develop and implement a green stormwater infrastructure plan with the goal to treat and infiltrate stormwater. Department of Public Works S $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 29 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N4.12.3 Mitigate flooding through improved surface permeability or paved areas, and stormwater capture and storage. Department of Public Works M $$ N4.13.1 Establish a standardized process for evaluating the impacts of development on the storm drainage system, including point source discharge, base flow and peak flow. Department of Public Works S $ N4.13.2 Complete improvements to the storm drainage system consistent with the priorities outlined in the City's 1993 Storm Drainage Master Plan, as amended. Department of Public Works IP $$$ N4.14.1 Work with commercial and industrial dischargers to identify and implement pollution prevention measures and Best Management Practices to eliminate or reduce the discharge of metals and other pollutants of concern. Department of Public Works R $$ N4.14.2 Encourage commercial dischargers to consistently go beyond minimum requirements of the Clean Bay Business Program. Department of Public Works R $ N4.15.1 Implement approved recommendations based on the Long-Term Facilities Plan prepared for the Regional Water Quality Control Plant. City of Palo Alto Utilities IP $$$ N4.15.2 Develop a plan to address ongoing operations of the Regional Water Quality Control Plant taking potential sea level rise and growth in surrounding communities into account. City of Palo Alto Utilities M $$$ N4.16.1 Evaluate the expansion of existing recycled water infrastructure to serve a larger area. Develop a plan to install “purple pipe” when streets are opened for other infrastructure work. City of Palo Alto Utilities M $$ N4.16.2 Evaluate the possibility of using recycled water as an emergency water supply. City of Palo Alto Utilities L $ N4.16.3 Investigate ways to reuse non-traditional water sources including recycled, gray, black and stormwater. City of Palo Alto Utilities R $ Goal N-5: Clean, healthful air for Palo Alto and the San Francisco Bay Area. N5.1.1 Provide City input on significant proposals for air quality legislation and state implementation plans. Planning & Community Environment Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 30 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N5.1.2 Support the Bay Area Air Quality Management District (BAAQMD) in its efforts to achieve compliance with existing air quality regulations by continuing to require development applicants to comply with BAAQMD construction emissions control measures and health risk assessment requirements. Planning & Community Environment Department R $ N5.1.3 Implement BAAQMD recommended standards for the design of buildings near heavily traveled roads, in order to minimize exposure to auto-related emissions. Planning & Community Environment Department S $ N5.1.4 Explore adopting new standards that target the reduction of very fine particulate matter (PM2.5), which is associated with increased impacts on health. Planning & Community Environment Department S $ N5.2.1 Promote understanding of the impacts of extended idling on air quality, for residents, auto-dependent businesses, and schools. Planning & Community Environment Department M $ N5.2.2 Consider adopting and enforcing penalties for drivers that idle for longer than 3- 5 minutes. Planning & Community Environment Department M $ N5.3.1 Cooperatively work with Santa Clara County and the Bay Area Air Quality Management District to ensure that mining and industrial operations mitigate environmental and health impacts. Planning & Community Environment Department R $ N5.3.2 Monitor particulate emissions at local California Air Resources Board monitoring stations and make the information easily available to citizens. Planning & Community Environment Department R $ N5.3.3 Promote understanding of the health impacts of particulate emissions and provide information to residents and businesses about steps they can take to reduce particulate emissions, such as reducing or eliminating wood burning or using low emission alternatives to wood-burning stoves and fireplaces. Planning & Community Environment Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 31 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N5.3.4 Explore feasible and cost-effective opportunities to reduce concrete and asphalt use by the City, in parks and other public projects. Department of Public Works R $ Goal N-6: An environment that minimizes the adverse impacts of noise. N6.3.1 Continue working to reduce noise impacts created by events and activities taking place in communities adjoining Palo Alto. Planning & Community Environment Department R $ N6.3.2 Evaluate the feasibility of adopting noise criteria in the purchase of new City vehicles and equipment. Department of Public Works M $ N6.3.3 Update the Noise Ordinance, as needed, to provide for clear interpretation of the regulations, to review the effectiveness of existing standards, and to ensure that regulations address contemporary issues. Planning & Community Environment Department S $ N6.7.1 Update noise impact review procedures in the Noise Ordinance to address appropriate requirements for analysis and thresholds for impacts on residential land uses and publicly-owned conservation land. Planning & Community Environment Department S $ N6.10.1 Evaluate changes to the Noise Ordinance to further reduce the impacts of noise from leaf blowers and residential power equipment. Planning & Community Environment Department M $ N6.1011 For larger development projects that demand intensive construction periods and/or use equipment that could create vibration impacts, such as the Stanford University Medical Center or major grade separation projects, require formal, ongoing monitoring and reporting of noise levels throughout the entire construction process. The monitoring plan should identify hours of operation and could include information on the monitoring locations, durations and regularity, the instrumentation to be used, and appropriate noise control measures to ensure compliance with the noise ordinance. Planning & Community Environment Department S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 32 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N6.12.1 Continue working to reduce noise associated with operations of the Palo Alto Airport. Ensure compliance with the land use compatibility standards for community noise environments, shown in Table N-1, by prohibiting incompatible land use development within the 60 dBA CNEL noise contours of the airport. Department of Public Works R $$ N6.12.2 Participate in appropriate public forums and engage with other governmental agencies and representatives to ensure that future activities at airports in the region do not negatively affect noise levels in Palo Alto. Department of Public Works IP $ N6.13.1 Encourage the Peninsula Corridors Joint Powers Board to pursue technologies and grade separations that would reduce or eliminate the need for train horns/whistles in communities served by rail service. Planning & Community Environment Department IP $ N6.13.2 Evaluate changing at-grade rail crossings so that they qualify as Quiet Zones based on Federal Railroad Administration (FRA) rules and guidelines in order to mitigate the effects of train horn noise without adversely affecting safety at railroad crossings. Planning & Community Environment Department S $$$ N6.13.3 Participate in future environmental review of the California High-Speed Rail (HSR) Project, planned to utilize existing Caltrain track through Palo Alto, to ensure that it adheres to noise and vibration mitigation measures. Planning & Community Environment Department S $$ Goal N-7: A clean, efficient energy supply that makes use of cost-effective renewable resources. N7.1.1 Meet customer electricity needs with least total cost resources after careful assessment of environmental cost and benefits. City of Palo Alto Utilities R $ N7.2.1 Promote the adoption of cost-effective, renewable energy technologies from diverse renewable fuel sources by all customers. City of Palo Alto Utilities S $ N7.2.2 Assess the feasibility of using life cycle analysis and total cost of ownership analysis for public and private projects, completed by the project proponent, in order to minimize the consumption of energy, the production of greenhouse gases, including GHG emissions of construction materials and demolition, and costs over the life of the project. City of Palo Alto Utilities M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 33 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N7.4.1 Continue timely incorporation of State and federal energy efficiency standards and policies in relevant City codes, regulations, and procedures, and higher local efficiency standards that are cost-effective. Planning & Community Environment Department R $ N7.4.2 Implement cost effective energy efficiency programs for all customers, including low income customers. City of Palo Alto Utilities R $ N7.4.3 Incorporate cost-effective energy conservation measures into construction, maintenance, and City operation and procurement practices. City of Palo Alto Utilities R $$ N7.4.4 Implement gas and electric rate structures that encourage efficient use of resources while meeting State law requirements that rates be based on the cost of service. City of Palo Alto Utilities M $ N7.4.5 Continue to provide public education programs addressing energy conservation and efficiency. City of Palo Alto Utilities R $ N7.5.1 Monitor professional and medically-sound research and studies on light-emitting diodes (LEDs). City of Palo Alto Utilities M $ N7.6.1 Explore changes to building and zoning codes to incorporate solar energy, energy storage, and other energy efficiency measures into major development projects, including City owned projects. Planning & Community Environment Department S $ N7.6.2 Promote use of the top floors of new and existing structured automobile garages for installation of photovoltaic panels and green roofs. Planning & Community Environment Department S $ N7.6.3 Promote solar energy in individual private projects. Planning & Community Environment Department R $ N7.7.1 Evaluate the potential for a cost-effective plan for transitioning to a completely carbon-neutral natural gas supply. City of Palo Alto Utilities S $ N7.7.2 Explore the transition of existing buildings from gas to electric or solar water and space heating. City of Palo Alto Utilities M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 34 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 5. Natural Environment N7.8.1 Evaluate energy efficient approaches for the treatment and reuse of organic waste that maximize resource recovery and reduce greenhouse gas generation at the Regional Water Quality Control Plant located in Palo Alto and the Palo Alto Landfill. City of Palo Alto Utilities M $ Goal N-8: Actively support regional efforts to reduce our contribution to climate change while adapting to the effects of climate change on land uses and city services. N8.1.1 Participate in cooperative planning with regional and local public agencies, including on the Sustainable Communities Strategy, on issues related to climate change, such as greenhouse gas reduction, water supply reliability, sea level rise, fire protection services, emergency medical services, and emergency response planning. Planning & Community Environment Department R $ N8.1.2 Pursue or exceed State goals of achieving zero net carbon for residential buildings by 2020 and commercial buildings by 2030, without compromising the urban forest. Office of Sustainability S $ N8.2.1 Periodically update the Sustainability and Climate Action Plan (S/CAP) consistent with the update schedule in the approved S/CAP; this update shall include an updated greenhouse gas inventory and updated short, medium, and long-term emissions reduction goals. Office of Sustainability Services M $$ N8.3.1 Protect the Municipal Services Center, Utility Control Center, and Regional Water Quality Control Plant from the impacts of sea level rise. City of Palo Alto Utilities M $$$ N8.4.1 Prepare response strategies that address sea level rise, increased flooding, landslides, soil erosion, storm events and other events related to climate change. Include strategies to respond to the impacts of sea level rise on Palo Alto’s levee system. Planning & Community Environment Department S $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 35 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element Goal S-1: A safe community that is aware of risks and prepared for emergencies. S1.1.1 Expand public education programs that help and encourage each household in the City to be prepared to be self-sufficient, with enough stored water and food to support the entire household for at least one week after a major earthquake, flood, terrorism event, pandemic or other major disaster. Office of Emergency Services S $ S1.1.2 Continue to implement and fund the Emergency Services Volunteer program. Office of Emergency Services S $ S1.1.3 Conduct emergency hazard drills with key stakeholder organizations across the community to improve preparedness for known threats and hazards. Office of Emergency Services R $$ S1.1.4 Support an annual community public safety fair to educate and engage the public on preparedness and offer the opportunity to buy emergency disaster supplies for home and vehicle. Office of Emergency Services R $$ S1.1.5 Encourage local businesses and other organizations to have disaster preparedness, communication, mitigation and recovery plans in place. Office of Emergency Services R $ S1.2.1 Develop accessible, attractive marketing materials to promote involvement in community crime safety programs. Office of Emergency Services R $ S1.3.1 Explore the use of urban design principles to increase safety and prevent crime in Palo Alto. Planning & Community Environment Department S $ S1.3.2 Support programs such as the Department of Housing and Urban Development’s Good Neighbor Next Door, which incentivizes home purchase for first responders with discounts. Planning & Community Environment Department R $ S1.4.1 Make data available to maintain an accurate, up to date, and complete real- time local crime mapping function to promote neighborhood safety. Police Department M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 36 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S1.5.1 Promote neighborhood security by providing crime prevention information and training to residents, and continuing to fund resident involvement in neighborhood safety programs such as “Know Your Neighbor” grants and Block Preparedness Coordinators. Police Department R $ S1.5.2 Collaborate with the Palo Alto Unified School District, other school districts in the City, private schools, businesses, non-profits, and local faith-based organizations provide community safety education. Police Department R $ S1.5.3 Encourage the Palo Alto Unified School District to develop secure school facilities and collaborate with Emergency Services Volunteers on disaster preparedness activities; emergency disaster planning, exercises and drills; and disaster recovery. Office of Emergency Services R $ S1.5.4 Continue to support and encourage participation in Police Department programs to introduce youth to the importance and benefits of local law enforcement. Police Department R $ S1.6.1 Enhance public safety department training for evolving challenges, such as small- to large-scale human threats, interacting with individuals with mental illness, and non-lethal alternatives. Police Department R $ S1.6.2 Support the Palo Alto Police Department in implementing and maintaining approved technologies for data gathering, surveillance, and recording interactions with the public. Incorporate best practices in use policies with special consideration in ensuring the programs protect the public’s privacy rights and civil liberties, in accordance with current legislation. Ensure transparency by communicating new equipment implementation, usage, privacy considerations, and retention of data. Police Department S $$ S1.6.3 Program S1.6.3 Communicate transparently with the community regarding adoption of new Palo Alto Police Department equipment and/or tactics while balancing the need for operational security. Police Department S $ S1.7.1 Regularly monitor and review the level of public safety staffing and satellite police station locations required for efficient local service delivery. Police Department R $ S1.7.2 Design the new Public Safety building to meet essential service standards, the needs of the public safety departments and be resilient against known threats and hazards. Department of Public Works S $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 37 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S1.7.3 Provide community notifications in the event of emergency using the best available methods and explore new technologies for emergency public information and warnings. Office of Emergency Services R $$ S1.8.1 Update Palo Alto’s 2001 Terrorism Response Plan. Office of Emergency Services S $$ S1.9.1 Develop an Infrastructure Master Plan that projects the future needs of streets, underground utilities, and all City assets and plans for the incorporation of new technology that improves efficiency and effectiveness. Department of Public Works S $$$ S1.10.1 Regularly update and make publicly available the City of Palo Alto Emergency Operations Plan (EOP). Office of Emergency Services R $$$ S1.10.2 Participate in local and regional planning efforts to mitigate, prepare for, respond to, and recover from emergencies. Office of Emergency Services R $ S1.10.3 Implement the mitigation strategies and guidelines provided by the Local Hazard Mitigation and Adaptation Plan (LHMAP), including evolving hazards resulting from climate change. Office of Emergency Services R $$ S1.12.1 Encourage multiagency coordination in case of incidents that cross disciplinary or jurisdictional boundaries or coordination that involves complex incident management scenarios. Office of Emergency Services R $ S1.12.2 Explore the establishment of mutually-beneficial cooperative agreements between Palo Alto’s police and fire departments and those of neighboring cities. Police Department, Fire Department M $ S1.13.1 Identify solutions to add an additional power line to Palo Alto to ensure redundancy. City of Palo Alto Utilities S $$ S1.13.2 Explore incentives to adopt emerging, residential off-grid capabilities and technologies, including back-up power sources vital in the event of natural disasters or other threats. City of Palo Alto Utilities M $ S1.13.3 Continue citywide efforts to underground utility wires to limit injury, loss of life, and damage to property in the event of human-made or natural disasters. City of Palo Alto Utilities R $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 38 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S1.13.4 Enhance the safety of City-owned natural gas pipeline operations. Work with customers, public safety officials, and industry leaders to ensure the safe delivery of natural gas throughout the service area. Provide safety information to all residents on City-owned natural gas distribution pipelines. City of Palo Alto Utilities R $$ S1.13.5 Provide off-grid and/or backup power sources for critical City facilities to ensure uninterrupted power during emergencies and disasters. City of Palo Alto Utilities R $$ Goal S-2: Protection of life, ecosystems and property from natural hazards and disasters, including earthquake, landslide, flooding, and fire. S2.5.1 Periodically review and update the City’s Seismic Hazard Ordinance. Development Services Department IP $ S2.5.2 Continue to provide incentives for seismic retrofits of structures throughout the city, particularly those building types that would affect the most people in the event of an earthquake. Planning & Community Environment Department S $ S2.6.1 Encourage efforts by individual neighborhood or block-level groups to pool resources for seismic retrofits. Planning & Community Environment Department M $ S2.6.2 Continue to use a seismic bonus and a TDR Ordinance for seismic retrofits for eligible structures in the Commercial Downtown (CD) zone. Planning & Community Environment Department R $ S2.6.3 Evaluate the TDR Ordinance so that transferred development rights may be used for residential development on the receiver sites Planning & Community Environment Department R $ S2.6.4 Study the possibility of revising the transfer of development rights program to encourage seismic retrofits. Planning & Community Environment Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 39 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S2.6.5 Explore the use of Community Development Block Grants, Palo Alto Housing Funds and other sources of funding to support owners of lower income and senior housing to retrofit seismically-unsafe construction. Planning & Community Environment Department S $ S2.7.1 As part of the construction permitting process for proposed new and redeveloped buildings in areas of identified hazard shown on MapS-2, structures that would affect the most people in a seismic event require submittal to the City of a geotechnical/seismic report that identifies specific risks and appropriate mitigation measures. Development Services Department S $ S2.7.2 Review and update, as appropriate, City code requirements for excavation, grading, filling and construction to ensure that they conform to currently accepted and adopted State standards. Department of Public Works M $ S2.7.3 Utilize the results of Palo Alto’s Seismic Hazards Identification Program and inventory of potentially seismically vulnerable building types to establish priorities and consider incentives to encourage structural retrofits. Planning & Community Environment Department S $ S2.8.1 Implement flood mitigation requirements of FEMA in Special Flood Hazard Areas as illustrated on the Flood Insurance Rate Maps. Department of Public Works R $$$ S2.8.2 Continue participating in FEMA’s Community Rating System to reduce flood insurance for local residents and businesses and strive to improve Palo Alto’s rating in order to lower the cost of flood insurance. Department of Public Works R $ S2.8.3 Partner with appropriate agencies to expand flood zones as appropriate due to sea level rise, changes in creek channels, sheet flooding or storm drain overload due to increased likelihood of extreme storm events caused by climate change. Department of Public Works R $ S2.8.4 Collaborate with the San Francisquito Creek Joint Powers Authority and the Santa Clara Valley Water District on environmentally-sensitive efforts to stabilize, restore, maintain and provide one percent (100-year) flood protection adjacent to San Francisquito Creek. Department of Public Works IP $$$ S2.8.5 Work with East Palo Alto, Santa Clara Valley Water District and San Francisquito Creek Joint Powers Authority on efforts to increase the flows within the San Francisquito Creek possible solutions include replacing the City-owned Newell Road Bridge and District-owned Pope Chaucer Street Bridge. Department of Public Works S $$$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 40 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S2.9.1 Keep basement restrictions up to date with changing flood hazard zones. Planning & Community Environment Department S $ S2.10.1 Review development standards applicable in areas susceptible to flooding from sea level rise, including east of Highway 101, West Bayshore and East Meadow Circle, and the area east of San Antonio Road and north of East Charleston, and implement shoreline development regulations to ensure that new development is protected from potential impacts of flooding resulting from sea level rise and significant storm events. Regulations should be consistent with the Baylands Master Plan, as amended, and may include new shoreline setback requirements, limits on lot line adjustments to avoid the creation of vulnerable shoreline lots, and/or triggers for relocation or removal of existing structures based on changing site conditions and other factors. Planning & Community Environment Department S $$ S2.10.2 Study appropriate restrictions on underground construction in areas outside of flood zones, as shown on Map S-5, to accommodate expected higher groundwater levels due to sea level rise and minimize consequent flooding of underground construction Planning & Community Environment Department S $ S2.11.1 Work cooperatively with the Santa Clara Valley Water District and the San Francisquito Creek Joint Powers Authority to provide flood protection from high tide events on San Francisco Bay, taking into account the impacts of future sea level rise, to provide one percent (100-year) flood protection from tidal flooding, while being sensitive to preserving and protecting the natural environment. Department of Public Works R $$$ S2.11.2 Work with regional, State, and federal agencies to develop additional strategies to adapt to flood hazards to existing or new development and infrastructure, including support for environmentally sensitive levees. Department of Public Works R $ S2.12.1 Regularly review and update the Fire Department’s operations, training facilities, and programs to ensure consistency with current standards and Best Management Practices. Fire Department R $ S2.12.2 Explore technological tools, such as cameras or remote sensors, to identify smoke or fires and initiate response as quickly as possible. Fire Department S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 41 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S2.13.1 Regularly review and fund updates to the Palo Alto Foothills Fire Management Plan to ensure consistency with current standards and Best Management Practices. Fire Department M $$ S2.13.2 Implement the Foothills Fire Management Plan to balance conservation of natural resources with reduction of fire hazards especially in open space areas. Fire Department R $$$ S2.13.3 Minimize fire hazards by maintaining low density zoning in wildland fire hazard areas. Planning & Community Environment Department R $ S2.13.4 Work collaboratively with other jurisdictions and agencies to reduce wildfire hazards in and around Palo Alto, with an emphasis on effective vegetation management and mutual aid agreements. Fire Department R $ S2.13.5 Consider implementation of CAL FIRE recommended programs in educating and involving the local community to diminish potential loss caused by wildfire and identify prevention measures to reduce those risks. Fire Department S $$ S2.14.1 Evaluate measures for optimal service delivery to improve efficiency; develop automatic or mutual aid agreements with other jurisdictions, including Stanford, to improve efficiencies. Fire Department M $$ S2.14.2 Upgrade fire stations so that all remain fully functional following earthquakes. Fire Department IP $$$ S2.14.3 Periodically update the Fire Department Standards of Cover document. Fire Department S $ S2.15.1 Provide public education on fire safety, including wildland and structural fire prevention, evacuation routes and guidelines for clearance of landscaping and other hazards around structures. Fire Department R $ Goal S-3: An environment free of the damaging effects of human-caused threats and hazardous materials. S3.1.1 Continue City permitting procedures for commercial and industrial storage, use, and handling of hazardous materials and regulate the commercial use of hazardous materials that may present a risk of off-site health or safety effects. Fire Department IP $ S3.1.2 Minimize the risks of biohazards in Palo Alto, including Level 4 biohazards, by continuing to review and update, as necessary, local regulations regarding use, handling and disposal. Fire Department S $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 42 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S3.1.3 Strengthen development review requirements and construction standards for projects on sites with groundwater contamination. Development Services Department S $ S3.1.4 Establish protocols to monitor the movement of hazardous materials on Palo Alto roadways and respond effectively to spills via established truck and construction routes. Fire Department M $ S3.1.5 Work with non-profit organizations to provide information to the public regarding pesticides and other commonly used hazardous materials, environmentally preferable alternatives, and safe recycling and disposal practices to all user groups. Fire Department R $ S3.1.6 Continue providing regular household hazardous waste collection events at the Palo Alto Regional Water Quality Control Plant and strive to make these programs more convenient and accessible to residents. Department of Public Works R $ S3.1.7 Continue to allow small quantity generators to dispose of hazardous waste at cost. Department of Public Works R $ S3.1.8 Continue to educate residents on the proper disposal of pharmaceutical and household hazardous waste. Encourage proper disposal of medications through pharmacies or drug take-back programs rather than flushing. Department of Public Works R $ S3.6.1 Work with the freight industry to monitor the contents of freight trains intersecting Palo Alto for potentially hazardous materials, and to establish accountability for accidents and spills. Office of Emergency Services R $ S3.6.2 Work with Caltrain and the Palo Alto Unified School District, to educate students and the public on the dangers of rail trespass and the benefits of suicide support services available in Palo Alto. Community Services Department R $ S3.8.1 Encourage residential and commercial food waste reduction through incentives, educational outreach and programs. Department of Public Works R $ S3.8.2 To the extent allowed by law, use refuse rate structures that incentivize waste reduction. Department of Public Works R $ S3.8.3 Continue to work with CalRecycle and the Department of Toxic Substances Control to develop and promote long-term solid waste management, such as environmentally responsible recycling programs, composting of food waste and other organics, and City-wide electronics and digital hardware recycling efforts. Department of Public Works IP $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 43 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 6. Safety Element S3.9.1 Periodically review and update the adopted Construction and Debris program. Department of Public Works R $ S3.9.2 Educate Palo Alto residents and developers about available incentives to use environmentally friendly deconstruction activities to minimize our carbon footprint, and to save natural resources, as well as space in our landfills. Development Services Department R $ S3.10.1 Support efforts to enforce extended producer responsibility for solid waste to reduce waste produced from manufacturing, shipping, packaging and the entire life-cycle of the product. Office of Sustainability Services R $ S3.12.1 Complete an inventory of the City’s digital infrastructure to locate vulnerabilities and gaps in system redundancies and develop recommendations for improved cybersecurity. City of Palo Alto Utilities S $$ S3.12.2 Establish criteria for the installation of high security telecommunications technology in new local government projects. City of Palo Alto Utilities M $ S3.12.3 Establish a wi-fi network that will be available to public safety responders and Emergency Service Volunteers in the event of power interruption during an emergency or disaster. City of Palo Alto Utilities S $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 44 of 52 Program # Program Text Lead Department or Agency Priority (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 7. Community Services & Facilities Element Goal C-1: Deliver community services effectively and efficiently. C1.1.1 Based on identified needs, continue to provide and expand the provision of multilingual literature, program information and educational displays at public community facilities and parks. Community Services Department R $ C1.1.2 Establish a cross-cultural outreach program to engage residents of all ages, cultural, social and linguistic backgrounds in educational, recreational and cultural activities offered throughout the City of Palo Alto. Community Services Department M $ C1.2.1 Periodically review public information, outreach and community relations activities to evaluate effectiveness. Community Services Department R $ C.1.2.2 Explore a City solution to help residents and others to resolve questions and concerns and navigate the City’s community services and facilities. Community Services Department M $ C1.2.3 Identify barriers to participation in City programming and facilities across gender, age, socioeconomic and ethnic groups and sexual identity and orientation, as well as mental and physical abilities, and adopt strategies to remove barriers to participation. Community Services Department S $ C1.2.4 Based on identified needs, expand program offerings to underserved groups. Community Services Department R $$$ C1.3.1 Develop and implement a plan to collect and analyze data on demographics, use of community service facilities and needs of the community as related to parks, open spaces, recreation, arts and culture. Community Services Department M $ C1.6.1 Establish a program to facilitate continuing corporate support for community services through contributions of funds, time, materials and expertise. Community Services Department M $ C1.12.1 In cooperation with public and private businesses, non-profit organizations, and PAUSD, develop a service program that will coordinate the efforts of agencies providing services to families and youth in Palo Alto. Community Services Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 45 of 52 Program # Program Text Lead Department or Agency Priority (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 7. Community Services & Facilities Element C1.13.1 Determine the potential for City shared use of PAUSD facilities for weekend, summer and evening use for community uses such as child care, libraries, recreational facilities, community meeting space, education, language education, health care, culture and computer resources. Community Services Department M $ C1.15.1 Support and promote the provision of comprehensive child care services in Palo Alto by public and private providers, including employers. Community Services Department S $ C1.15.2 Utilize the Early Care and Education Committee to develop and update the Child Care Master Plan, and to connect providers and professionals working with families with young children, explore challenges and opportunities to programs and services for young children, and support early education programs in the community in their efforts to enhance quality. Community Services Department S $ C.1.15.3 Collaborate with Palo Alto Community Child Care (PACCC) to identify, develop, and promote high quality early learning environments to serve all families in our community. Community Services Department M $ C1.15.4 Explore opportunities to provide access to childcare for families of City employees. Community Services Department L $ C1.16.1 Identify funding sources for expanded outreach and increased involvement to support youth and teen leadership programs and events. Community Services Department M $ C1.16.2 Leverage available funding to pursue support of teen mental, physical, social and emotional health programs. Community Services Department R $ C1.17.1 Optimize participation in such programs by increasing the number of locations where the programs are provided and by supporting transportation options to these locations. Community Services Department S $ C.1.17.2 Develop programs and activities for teens that strengthen leadership skills, encourage a culture of community service, inclusiveness, tolerance and acceptance of others. Community Services Department R $ C1.17.3 Promote a diverse range of interests and vocations among programs offered to children, youth and teens. Community Services Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 46 of 52 Program # Program Text Lead Department or Agency Priority (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 7. Community Services & Facilities Element C1.18.1 Develop a program to engage the talents and skills that seniors possess that would provide volunteer opportunities throughout the City. Community Services Department R $ C.1.18.2 Support, promote, and publicize the provision of comprehensive senior services in coordination with senior service providers. Comprehensive services include addressing senior nutrition, mental health and transportation. Community Services Department R $ C.1.18.3 Establish a support program for caregivers of seniors and people with disabilities by partnering with private, nonprofit, faith-based and public community service organizations. Community Services Department M $ C1.20.1 Partner with agencies for support and improved access so that all can participate as appropriate in Palo Alto recreational programs. Community Services Department R $ C1.22.1 Increase awareness about caring and compassion for the unhoused and those who suffer from mental and/or physical conditions through educational programming in partnership with community and business organizations throughout the region. Community Services Department R $ C1.22.2 Work with Santa Clara and San Mateo Counties, the State of California, the federal government, non-profit agencies, business and other organizations to define roles and responsibilities in the comprehensive provision of permanent supportive housing and temporary shelter, food, clothing and transportation for those in need. Planning & Community Environment Department R $ Goal C-2: Demonstrate a commitment to excellence and high quality service to the public among City of Palo Alto officials and employees. C2.2.1 Establish performance review criteria for City employees that consider the quality of service provided. Human Resources Department M $ C2.2.2 Periodically perform evaluations of City service delivery and develop strategies for continuous improvement. Use metrics and make information publicly available. Community Services Department R $$ C3.2.1 Develop a proactive Asset Management Program for infrastructure requirements and costs. Administrative Services Department M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 47 of 52 Program # Program Text Lead Department or Agency Priority (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 7. Community Services & Facilities Element Goal C-3: Recognize the intrinsic value and everyday importance of our parks and community centers, libraries, civic buildings and cultural assets by investing in their maintenance and improvement. C3.3.1 Periodically evaluate how parks and recreational facilities are being used and develop strategies for improving their use overall. Community Services Department IP $ C3.3.2 Study and recommend methods of private and public financing for improved park maintenance, rehabilitation, and construction of facilities, including those used for arts and culture. Community Services Department S $ C3.3.3 Estimate the costs of retrofitting all park facilities with water efficient appliances, fixtures and irrigation systems and develop an implementation schedule to phase-in use of non-potable water conservations measures where and when feasible. City of Palo Alto Utilities & Community Services Department M $$ C3.3.4 Periodically assess the need to adjust parkland dedication or fees in lieu thereof to ensure they remain proportional to real estate values in Palo Alto. Planning & Community Environment Department R $ Goal C-4: Plan for a future in which our parks, open spaces, libraries, public art, and community facilities thrive and adapt to the growth and change of Palo Alto. C4.1.1 Explore opportunities to dedicate City‐owned land as parkland to protect and preserve its community-serving purpose into the future. Community Services Department S $$$ C4.1.2 Encourage dedication of new land for parks through regulations and incentives for new development and programs to solicit bequests of land within the city. Community Services Department M $$ C4.1.3 Pursue opportunities to create linear parks over the Caltrain tracks in the event the tracks are moved below grade. Community Services Department L $$$ C4.1.4 Explore ways to dedicate a portion of in-lieu fees towards acquisition of parkland, not just improvements. Community Services Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 48 of 52 Program # Program Text Lead Department or Agency Priority (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 7. Community Services & Facilities Element C4.5.1 Use Cubberley Community Center as a critical and vital part of the City’s service delivery system while also planning for its future. Community Services Department IP $$ Goal C-5: Sustain the health, well-being, recreation, and safety of residents and visitors, and improve the quality, quantity, and affordability of social services for all community members, including children, youth, teens, seniors, the unhoused , and people with disabilities. C5.1.1 Allocate resources to create and support initiatives to increase the health and well-being of the public. Community Services Department R $ C5.1.2 Establish a community-sourced online clearinghouse of information and activities related to health promotion in the community. Community Services Department M $ C5.6.1 Incorporate health and well-being topics, including arts and culture, into existing events and programs at City-owned park and recreation facilities. Community Services Department R $ C5.6.2 Work with schools and community organizations to provide programs that educate residents, workers and visitors on health and well-being topics. Community Services Department R $$ C5.9.1 Identify existing and potential indoor and outdoor locations for community gardens and farmers markets at City-owned or leased facilities and spaces. Community Services Department M $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 49 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 8. Business & Economics Element Goal B-1: Businesses in Palo Alto that contribute to economic vitality, enhance the city’s physical environment, promote municipal revenues and provide needed local services. B.1.1 Direct the Palo Alto Office of Economic Development to implement the an Economic Development Policy, as periodically amended, to guide business development in the City. Office of Economic Development R $ Goal B-3: Careful management of City revenues and expenditures so that the fiscal health of the City is ensured and services are delivered efficiently and equitably. B3.2.1 Continue to refine tools, such as the Business Registry, as data sources on existing businesses, including the type of business, number of employees, size, location, and other metrics to track the diversity of Palo Alto businesses. Development Services Department/O ffice of Economic Development IP $$ Goal B-4: The stimulation of diverse commercial, retail and professional service business opportunities through supportive business policies and a culture of innovation. B4.2.1 Revise zoning and other regulations as needed to encourage the preservation of space to accommodate small businesses, start-ups and other services. Planning & Community Environment Department M $$ B4.2.2 Consider planning, regulatory, or other incentives to encourage property owners to include smaller office spaces in their buildings to serve small businesses, non- profit organizations, and independent professionals. Planning & Community Environment Department M $ B4.6.1 Work with local merchants to encourage Palo Alto residents, workers, and visitors to buy in Palo Alto. Office of Economic Development R $$ B4.6.2 Study the overall viability of ground-floor retail requirements in preserving retail space and creating an active street environment, including the types of locations where such requirements are most effective. Office of Economic Development M $$ B4.6.3 Maintain distinct neighborhood shopping areas that are attractive, accessible, and convenient to nearby residents Planning & Community Environment Department R $ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 50 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 8. Business & Economics Element Goal B-5: City regulations and operating procedures that provide certainty, predictability and flexibility and help businesses adapt to changing market conditions. B5.1.1 Regularly evaluate ways to improve coordination of the City’s environmental review, permitting, and inspection processes. Planning & Community Environment Department R $ B5.1.2 Improve design guidelines to reduce ambiguity and more clearly articulate compatibility principles to the business community and to the public. Planning & Community Environment Department M $$ B5.1.3 Simplify the design review process for small-scale changes to previously approved site plans and buildings. Planning & Community Environment Department M $$ B5.1.4 Revise zoning and other regulations as needed to encourage the revitalization of aging retail structures and areas. Encourage the preservation of space to accommodate small, independent retail businesses and professional services. Planning & Community Environment Department R $$ Goal B-6: Attractive, vibrant retail centers, each with a mix of uses and a distinctive character. B6.1.1 Actively work with Downtown businesses, professional associations and the Palo Alto Chamber of Commerce to retain successful retail businesses that contribute to the City’s goals for Downtown. Office of Economic Development R $$ Goal B-7: Thriving business employment districts at Stanford Research Park, Stanford Medical Center, East Bayshore/San Antonio Road Area and Bayshore Corridor that complement the City’s business and neighborhood centers. B7.2.1 Review policies and regulations guiding development at Stanford Research Park and revise them as needed to allow improved responsiveness to changing market conditions. Planning & Community Environment Department M $$ B7.2.2 Study the feasibility of a “transfer of development rights” (TDR) program and other measures that would provide greater development flexibility within Stanford Research Park without creating significant adverse traffic impacts or increasing the allowable floor area. Planning & Community Environment Department M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 51 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 9. Governance Element Goal G-1: Effective opportunities for public participation in local government. G1.2.1 Continue to hold regular, Town Hall-style meetings in neighborhoods. City Council R $$ G1.2.2 Periodically review the suite of engagement options used to solicit citizen input and expertise on policy issues and explore creative new engagement strategies. City Manager R $ - $$$ G1.2.3 Continue to rely on neighborhood organizations, the City website, local media, online technologies and other communication platforms to keep residents informed of current issues and to encourage citizen engagement. City Manager R $ G1.2.4 Provide access to communications technologies at City facilities, including public libraries and City Hall, and explore innovative locations for communication. City Manager R $$ G1.2.5 Continue to release City Council staff reports to the public up to 10 days prior to Council hearings to increase public awareness of City decision-making. City Clerk R $ Goal G-2: Informed and involved civic, cultural, environmental, social service and neighborhood organizations and residents. G2.2.1 Continue to offer the use of City facilities to non-profit civic, environmental, cultural, neighborhood and social service organizations for meetings and events at discounted or complimentary rates and via sponsorship programs. City Manager R $ Goal G-4: Active involvement of local citizens as volunteers. G4.1.1 Continue and expand volunteer opportunities and the community’s awareness of public and nonprofit organizations serving the City. All Departments R $ G4.1.2 Publicly recognize the efforts of individuals, groups, and businesses that provide volunteer services within the City. City Manager R $ G4.1.3 Coordinate with the Palo Alto Unified School District to develop classroom-based leadership, governance and civic participation programs. City Manager M $$ G4.1.4 Support the transition from school-based volunteering to civic participation via outreach to parent volunteers and student leaders. City Manager M $ G4.1.5 Coordinate with the real estate community to develop a welcome package for new residents by providing information on City resources and ways new residents can contribute to the community. City Manager M $$ PALO ALTO COMPREHENSIVE PLAN DRAFT IMPLEMENTATION PLAN TABLE a. S = Short, M = Medium, L = Long, IP = In Progress; R = Routine June 12, 2017 Page 52 of 52 Program # Program Text Lead Department or Agency Priority – 4/18/17 (S/M/L/IP/R)a Anticipated Level of Effort ($/$$/$$$) 9. Governance Element Goal G-6: More clearly defined procedures, standards, and expectations for development review. G6.2.1 Provide clear information across multiple communications platforms to guide citizens and businesses through the City review and approval process. Planning and Community Environment R $ G6.2.2 Continue and expand customer-oriented process improvement efforts. All Departments R $$ G6.2.3 Use the pre-screening process to obtain early feedback from the City Council and the community regarding ordinance changes intended to facilitate specific development proposals. Planning and Community Environment R $ GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 1 A Accessory Dwelling Unit A separate self-contained smaller living unit with bathroom and kitchen facilities located on the same lot as a single -family residence. Can be either detached or attached from the primary residence with a separate entrance. Also known as granny units, in-law units, second units, or backyard cottages. Accessory Structure A structure that is incidental to and associated with a specific principle facility or use. Examples include detached garages and workshops, playground structures, trellis structures and gazebos. Active Transportation Human-powered transportation, such as walking or bicycling. Adaptation The process by which strategies and actions are undertaken to respond to the actual or expected effects of climate change. Alternative Energy Technology Technology that facilitates the use of renewable (non-fossil fuel) energy resources. Alternative Energy Source Any of a number of energy sources that do not rely on fossil fuels, including sunlight, wind, cogeneration, and biomass. Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 2 COUNCIL DRAFT – JUNE 12, 2017 Amendment A formal City Council change or revision to the Comprehensive Plan, including either the Plan’s text or its maps. Applicant An individual who has formally submitted project or development plans to a City or agency, and seeks approval of those plans. Appropriate An act, condition, or state that is considered suitable. Aquifer An underground water-bearing layer of permeable rock, sand, or gravel through which water can seep or be held in natural storage. Architectural Review Board (ARB) City Council appointed five-member board, responsible for reviewing the design of all exterior building and site changes requiring a building permit, except singly developed single family dwellings and duplexes. Arterial Major roadway mainly serving through-traffic; takes traffic to and from expressways and freeways; provides access to adjacent properties. Assessment District A procedure to pay for capital improvements wherein bonds are sold and obligation for payment is shared by property owners within the district. Association of Bay Area Governments (ABAG) A consortium of cities and counties in nine Bay Area Counties formed to cooperate on common planning issues and solve common development problems. At-Grade Crossing The junction of two or more transportation facilities, such as a bicycle path and a roadway, or a roadway and a railway, at the ground level. See also “Grade Separation.” PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 3 At Risk Units Housing units that may lose their federal subsidies due to expiring contracts under curtailed federal housing programs. Such units are “at risk” of being converted to market rate housing. Autonomous Vehicle A self-driving vehicle that is capable of sensing its environment and navigating without human input. Auto-oriented A form of development that depends on exposure to auto traffic and presumes people will use cars to travel to and from the site. Average Household Size The number of persons in the cCity living in households divided by the total number of households in the cCity. Excludes persons living in group quarters. A-Weighted Sound Level, dBA The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. All sound levels in this report are A-weighted, unless reported otherwise. B Baseline Emissions The emissions that would occur without policy intervention (in a business-as-usual scenario). Baseline estimates are needed to determine the effectiveness of emissions reduction programs (often called mitigation strategies). Baseline Rate A utility rate structure that provides all customers with enough energy (or water, etc.) to meet basic needs at an affordable cost; higher rates are charged for amounts used beyond the base consumption level. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 4 COUNCIL DRAFT – JUNE 12, 2017 Bay Area Air Quality Management District (BAAQMD) Regional agency responsible for air quality planning in the Bay Area, monitoring air pollution levels, and setting and enforcing limits for stationary air pollution sources. Bay Trail 400-mile trail system, with spur trails to parks and nearby urban areas, being constructed in segments that will eventually encircle San Francisco Bay close to the waterfront; about 45 percent complete in 1997. Bay Area Rapid Transit (BART) Rail rapid transit system serving Alameda, Contra Costa, San Francisco, and San Mateo Counties. Baylands General term for the low-lying areas east of Highway 101, including developed land, open space, wetlands, marsh and flood basins. Baylands Master Plan (1987 ) 1987 City Council adopted Palo Alto planning policy document for areas east of Highway 101. Below Market Rate (BMR) Housing Unit Any housing unit specifically priced to be sold or rented to very low-, low-, or moderate-income households for an amount less than the fair market value of the unit. Below Market Rate (BMR) Program The City of Palo Alto’s Inclusionary Housing policy and procedures that seek to increase the amount of housing affordable to individuals and families with less than median income. Best Management Practice (BMP) Programs, technologies, operating methods, or other measures that control, prevent, or reduce pollution. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 5 Bicycle Boulevard A low volume through-street where bicycles have priority over cars, conflicts between cars and bicycles are minimized, and bicycle travel time is reduced by removal of stop signs and other impediments to bicycle travel. Bicycle Lane (Class II Facility) A separate lane on a roadway that is reserved for bicyclists and demarcated by lane striping. Bicycle Path (Class I Facility) A paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. Bicycle Route (Class III Facility) A facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. Bike Share/Sharing A transportation service in which a fleet of bicycles is made available for users to borrow on a short-term basis. Typically, the service is designed so that a user may borrow a bicycle from a self-serve station and return the bicycle to another station in the bike share system. Bikeway A corridor designated and/or reserved for bicyclists. A Class I facility is a bike path that is not part of a vehicle roadway. A Class II facility consists of on-street bike lanes. A Class III facility is a roadway that has been designated as a bike route by signage only. Biotechnology The industry associated with the application of biological and engineering data to technology. Bird-Friendly Design The use of building strategies and materials intended to reduce harm for birds, such as glass treatments that reduce bird collisions with buildings. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 6 COUNCIL DRAFT – JUNE 12, 2017 Bollard A relatively short post used on or along a street or path for decorative, lighting, or traffic control purposes. Boulevard A roadway characterized by a landscaped median and planting strips on each side. Buffer An area of land separating two distinct land uses that acts to soften or mitigate the effects of one land use on the other. Building Envelope Restriction A method of limiting the size of a building by specifying the maximum building size in three dimensions. Buildout The point at which all land eligible for development under the Comprehensive Plan has been developed to its maximum allowed level. Bulbout A usually rounded extension of the sidewalk or parkway into the adjacent street that facilitates pedestrian activity or added landscaping. Bus Rapid Transit (BRT) A bus-based transit system designed to increase speed, reliability, and capacity in comparison to conventional bus service by applying features typical of rail transit. Bus rapid transit can include features such as dedicated lanes, easy-to-board vehicles, boarding platforms, off-board ticketing, real-time schedule information, signal priority, and increased frequency. Business Outreach City programs that convey information to local businesses, receive input from local businesses regarding their needs, and assist businesses in meeting these needs. Business Retention City programs aimed at supporting, retaining, and sustaining local businesses. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 7 Bypass Culvert An overflow device used along creeks to divert excess stormwater as a means of reducing flooding and avoiding the need for creek channelization. C CAL FIRE California Department of Forestry and Fire Protection; State department that provides fire protection and land stewardship for California’s privately-owned wildlands as well as emergency services through contracts with local governments. Cal-Ventura Mixed use neighborhood located southeast of the California Avenue business district generally bordered by Cambridge Avenue, Fernando Avenue, the Caltrain railroad tracks, and El Camino Real. California Air Resources Board (CARB) State board responsible for approving air quality attainment plans, establishing air quality standards and vehicle emissions requirements, and implementing the Federal Clean Air Act State Implementation Plan. California Department of Toxic Substances Control (CDTSC) State agency responsible for the regulation of contaminated sites. California Environmental Quality Act (CEQA) State law requiring State and local agencies to regulate activities with consideration for environmental protection, and requiring the preparation of an Environmental Impact Report (EIR) if the potential for a significant adverse environmental impact exists. California Integrated Waste Management Act (1989 ) State legislation enacted in response to the need for diverting materials from landfills generally by reductions in consumption or by recycling, in order to preserve decreasing landfill capacity and natural resources; required cities and counties to divert 25 percent of solid waste from disposal by 1995 and 50 percent by January 1, 2000. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 8 COUNCIL DRAFT – JUNE 12, 2017 California Register of Historic Resources Register created in 1992 as an authoritative guide for identifying the State’s historic resources and indicating properties that are to be protected; includes properties on the National Register and State Historic Landmarks No. 770 and higher. Caltrain Passenger rail service serving the corridor between San Francisco and Gilroy, via cities along the west side of San Francisco Bay (including Palo Alto). Caltrans California Department of Transportation; State agency responsible for the construction, maintenance, planning, and management of major transportation facilities in California. Canopy The layer of tree leaves, branches, and stems that cover the ground when viewed from above. Canopy: Trees for Palo Alto A non-profit organization established in 1996, partially funded by the City of Palo Alto for the purpose of providing community leadership, channeling volunteer efforts, and the planting of street trees. Successor to the "Tree Task Force." Canopy Cover The amount of ground area covered by tree canopy. Capital Improvement Program (CIP) The City’s spending plan for infrastructure projects. The CIP is a rolling five-year program that is contained in the City’s annual capital budget; it allocates capital improvement funds based on City Council priorities. Carbon Dioxide (CO2) Colorless, odorless, non-poisonous gas that is a normal part of the ambient air. Carbon dioxide is a product of fossil fuel combustion. Although carbon dioxide does not directly impair human health, it is a greenhouse gas that traps terrestrial (i.e., infrared) radiation and contributes to the potential for global warming. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 9 Carbon Neutrality A state in which the carbon emissions of an action are balanced with an equivalent amount of carbon sequestration or offsets. Also known as zero net carbon. Carpooling Incentive Program Program designed to encourage employees to travel to work via car pool rather than via single passenger automobile; may include such incentives as preferential parking, high-occupancy vehicle lanes or financial remuneration. Center Commercial and mixed- use areas of the City that serve as the focus for community life; may serve the region, the City, general neighborhoods, or a single neighborhood. Center-based Child Care Child care services that are provided from a designated facility, rather than in a private residence. Central Business District (CBD) Major commercial downtown center of a community. In Palo Alto, the University Avenue/Downtown area. General guidelines for delineating a CBD are defined by the US Census of Retail Trade; specific boundaries are set by municipalities. Channelization The straightening and/or enlarging of a watercourse for the purposes of storm runoff control or ease of navigation; may include lining of streambanks with a retaining material such as concrete. Charette An intensive effort, usually over one or two days, by a variety of interested stakeholders to develop a design solution to a given problem. Charter Document approved by the voters of Palo Alto that functions as a “constitution” for the City. Citizen A person who lives, works, shops or visits in Palo Alto. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 10 COUNCIL DRAFT – JUNE 12, 2017 Citizens Advisory Committee (CAC) 25-member ad hoc committee appointed in 2015 by the Palo Alto City Council to review, comment on and recommend the draft 2030 Comprehensive Plan goals, policies, and programs to City Council. City Council Nine-memberThe elected body of Palo Alto residents responsible for governing the City and making decisions regarding the provision of City services and resolution of civic issues. City/School Liaison Committee A committee consisting of two school board members and two City Council members that meets periodically to identify and address issues of mutual interest and concern. Civic Use Any building or property that serves a public function, including schools, libraries, City Hall, post offices, police and fire stations, and recreational and cultural facilities. Clean Air Act (CAA) The principal national legislation passed by Congress for air quality management. Originally passed in 1963, it was greatly changed and strengthened in 1970 and 1977. In 1990, the Clean Air Act Amendments introduced significant changes in the federal approach to air quality management. Climate Change The change in climate patterns associated with the alteration of the chemical composition of the atmosphere due to the buildup of greenhouse gases. Co-housing Housing designed to include private, individual sleeping and living areas with shared or communal cooking, dining, work, and/or recreational facilities. Collector Street Roadway that collects and distributes local traffic to and from arterial streets, and provides access to adjacent properties. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 11 Commercial Center Commercial and mixed-use areas that serve as focal points of commercial activity; commercial centers in Palo Alto include regional centers, multi-neighborhood centers, and neighborhood centers. Commercial Strip A land use pattern characterized by continuous automobile-dependent commercial frontage, usually dominated by front parking lots and long, low buildings oriented towards a highway or arterial street. Community Facility Facility in which public services for Palo Alto residents are provided, including recreational and cultural services, and services for youth and seniors. Community Development Block Grant (CDBG) Grant program administered by the US Department of Housing and Urban Development (HUD) and the State Department of Housing and Community Development. Grants must primarily be used to benefit very low- and low-income households with emphasis on housing and public improvement projects. The City of Palo Alto is an entitlement city that receives an annual funding grant from HUD. Compact Development A development philosophy that emphasizes infilling of vacant and underutilized lots before expanding the boundaries of the urban area, and encourages higher residential densities and non-residential development intensity as a means of conserving open space and supporting public transit. Compatible Capable of existing together without significant conflict or ill effects. Complete Streets Streets that provide safe travel for all users, including motorists, transit riders, pedestrians, and bicyclists. Composting The process of mixing decaying organic material, such as yard waste and food waste, to create fertilizer and reduce the amount of waste that must be disposed in landfills. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 12 COUNCIL DRAFT – JUNE 12, 2017 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Legislation passed by Congress in 1980 to address the problem of cleaning up hazardous waste sites; created a national priority list of sites to be cleaned up. Comprehensive Plan A compendium of city (or county) policies regarding long- term development, in the form of maps and accompanying text. The Plan is a legal document required of each local agency by the State of California Government Code Section 65301 and adopted by the City Council. Referred to in State Law and most many California cities as the General Plan. Comprehensive Plan Advisory Committee (CPAC) 37-member ad hoc committee appointed in 1992 by the Palo Alto City Council to prepare the draft Comprehensive Plan goals, policies, and programs. Computerized Traffic Management System A system in which traffic signals are timed with the aid of a computer to provide coordination, thus minimizing delays and ensuring that traffic flows as smoothly as possible. Concept Plan An area-specific yet high-level land use plan that includes key issues, a preferred land use diagram, policies and implementation measures to chart future development in the target area. Conditional Use Permit (CUP) A discretionary permit that allows the use of land or occupancy of a structure for a particular purpose subject to limitations or conditions of approval. Condominium Conversion Ordinance Palo Alto ordinance enacted in 1974 that restricts the conversion of apartments to condominiums as a way of preserving the City’s rental housing stock. Congestion Management Program (CMP) A State-mandated program required of urban counties; employs growth management techniques, level of service requirements, standards for public transit, trip reduction programs, jobs/housing balance strategies, and capital improvement PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 13 programming to control and/or reduce the cumulative regional traffic impacts of development. Consolidated Plan Action Plan Locally prepared document required for the receipt of federal housing funds; outlines actions to be taken to provide housing opportunities for low and moderate income households. Convenience-oriented Business A business that sells retail items generally necessary or desirable for everyday living, usually purchased at a convenient nearby location. Often purchased without comparison shopping because these goods cost relatively little compared to income. Coordinated Area Plan A plan that provides more specific guidance than the Comprehensive Plan, including zoning regulations, for development of a sub-area identified as having the potential for change; a means to achieve citizen participation in the planning of such an area. See also “Precise Plan and Specific Plan.” Coordinated Resource Management and Planning (CRMP) Coalition of local government staff, resource agency staff, and representatives from various community, business, and interest groups, administered by the Peninsula Conservation Center; formed to address a range of natural resource issues in creek watersheds, with 1996-8 emphasis on San Francisquito Creek. Corporate Citizenship Refers to the active participation of local business in community affairs. Corridor Any major transportation route, including freeways, expressways, arterials, or transit lines; may also be used to describe land uses along these routes. Cost-effective Intended to provide good value or productive results for the amount of money paid. Cottage A small, simple, usually single-story detached dwelling unit. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 14 COUNCIL DRAFT – JUNE 12, 2017 Cottage Cluster A grouping of cottages on a single property, often arranged around a common lawn or green area and sharing parking. Council/Manager Government A type of municipal government in which the chief executive official is a manager selected by the City Council. Palo Alto has a Council/Manager Government. Creek Any of a number of natural watercourses flowing from the hill areas to San Francisco Bay; usually characterized by a distinct channel and a band of dense vegetation along the banks. See also “Urban Creek.” Creek Setback A minimum distance regulatory requirement between the top of a creekbank and the nearest structure or other improvement; used to reduce erosion, minimize flooding, and conserve wildlife habitat. Criteria Air Pollutants A group of very common air pollutants regulated by EPA on the basis of criteria (information on health and/or environmental effects of pollution). Criteria air pollutants are widely distributed all over the country. Critical Facilities Facilities that either (1) provide emergency services or (2) house or serve many people who would be injured or killed in case of disaster damage to the facility. Examples include hospitals, fire stations, police and emergency services facilities, utility facilities, and communications facilities. Cumulative Impact Two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. Curb Lane Portion of a street next to the curb that can be used for on-street parking or auto or bicycle travel. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 15 Customer Service In the context of the Comprehensive Plan, refers to courteous treatment of the public, and efficient, responsive delivery of services by City employees. Customer-oriented Process Improvement An approach to restructuring City service delivery that places first priority on making things easier for the public. Cybersecurity Protection of computers, networks, and technology users against criminal or unauthorized uses of or access to electronic data. D Day/Night Noise Level (Ldn) The average A-weighted noise level during a 24-hour day, obtained after addition of 10 decibels to levels in the night between 10:00 pmp.m. and 7:00 ama.m. dBA The "A weighted" scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually ten times more intense. Decibel (dB) A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Demand-responsive Paratransit Form of transit serving persons with disabilities in which vehicles are dispatched on an as-needed basis instead of following a fixed route and schedule; includes taxis and dial-a-ride services. Density For residential uses, the number of permanent residential dwelling units per acre of land. For non-residential uses, density is often referred to as development intensity PALO ALTO COMPREHENSIVE PLAN GLOSSARY 16 COUNCIL DRAFT – JUNE 12, 2017 and is expressed through a ratio of floor area to lot size. See also “Gross Density” and “Net Density.” Density Bonus The allocation of development rights that allow a development to include additional residential units or square footage beyond the maximum otherwise allowed by zoning, usually in exchange for the provision or preservation of an amenity at the same site or another location. Design Guidelines Provisions guiding the design of buildings that are not mandatory but may be used by Staff, the City’s advisory boards and commissions, and the City Council in evaluating projects. Design Review A process used to administer regulations for the design of structures to ensure that such structures are suitable, harmonious, and in keeping with the general appearance, historic character, and/or style of the structure and/or surrounding area. Detention The temporary storage of stormwater overflow; typically in a pond or underground pipes. Development The physical extension and/or construction of urban land uses. Development activities include subdivision of land; construction or alteration of structures, roads, utilities, and other facilities; installation of septic systems; grading; deposit of refuse, debris, or fill; and clearing of natural vegetative cover for non-agricultural purposes. Dewatering The removal of water. Construction dewatering refers to the process of pumping groundwater from a construction site. District Park Parks that serve large areas of the City and contain a broad variety of facilities. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 17 Downtown The business center of a City or town; in Palo Alto, used to describe the University Avenue business district. Downtown Urban Design Guide 1994 City Council approved document intended to provide a framework for the design of buildings and public spaces in Downtown Palo Alto; provisions are advisory, not mandatory. Drainage (1) Surface water runoff; and (2) the removal of surface water or groundwater from land by drains, grading, or other means that include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply, and the prevention or alleviation of flooding. Drought-tolerant Landscaping Landscaping that minimizes water requirements and consumption through plant selection, design, installation, and management. Also known as low water use landscaping or xeriscape. Dwelling Unit A room or group of rooms, including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or in- tended for occupancy by one household on a non-transient basis and having not more than one kitchen. E E-bike Bicycles with an electric motor that can be used to assist with propulsion. Earthquake Fault Zone The State of California, Alquist-Priolo Earthquake Fault Zoning Act identifies sites within 1,000 foot wide zone with the fault at the center as Earthquake Fault Zones. The Alquist-Priolo Act requires that these sites undergo specialized geologic investigations prior to approval of certain new development. State law re-quires that these zones be incorporated into local general plans. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 18 COUNCIL DRAFT – JUNE 12, 2017 Easement The right to use property owned by another for specific purposes, such as access to another piece of property, conveyance of stormwater, or transmission of gas or electricity. Economic Resources Plan 1993 City Council adopted five point strategy for working with the local business community. Eichler A style of housing popularized in Palo Alto during the 1950s by homebuilder Joseph Eichler and characterized by single story, slab on grade construction, spartan facades, interior courtyards, flat or slightly sloping roofs and expansive glass walls. Electric Vehicle An automobile propelled by one or more electric motors using electrical energy stored in rechargeable batteries. Electric Vehicle Supply Equipment (EVSE) Devices of varying power levels that supply electrical energy for recharging an electric vehicle. Electronic Information Information that is stored, transmitted, or received via an electronic medium, such as a computer and modem. Element A component chapter of the Comprehensive Plan. State law requires each Plan to incorporate seven elements (Land Use, Circulation, Housing, Open Space, Conservation, Safety and Noise), although the elements may be organized in any of a number of ways. Emergency Shelter A facility that provides immediate and short-term housing and supplemental services for homeless persons. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 19 Emergency Preparedness The act of planning and preparing for a natural or man- made disaster, such as an earthquake or fire. Emergency Management Plan City of Palo Alto document that includes provisions for pre-disaster planning, evacuation, communication, shelter, welfare, public health and safety, and post- disaster recovery. Emission Discharges into the atmosphere from such sources as smokestacks, residential chimneys, motor vehicles, locomotives, and aircraft. Employment District Relatively large areas of the City dominated by low-rise office, high technology, light industrial, and other job-generating land uses but containing relatively few retail and service uses. Environmental Impact Report (EIR) An informational document that provides decision makers and the public with information about the effects a proposed project is likely to have on the environment, ways these effects may be minimized and alternatives to the proposed project. The document is prepared consistent with the provisions of the California Environmental Quality Act (CEQA). Environmental Protection Agency (EPA) Federal agency charged with protecting the environment. Environmentally Sensitive Area Areas that have limited suitability for development due to their natural resource values, such as wetlands, steep hillsides and distinctive wildlife habitat areas. Environmental Review Process through which the City of Palo Alto, following the procedures of the California Environmental Quality Act (CEQA), evaluates a project for its potential impacts on the environment. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 20 COUNCIL DRAFT – JUNE 12, 2017 Erosion (1) The loosening and transportation of rock and soil debris by wind, rain, or running water. (2) The gradual wearing away of the upper layers of earth. Expansive Soils Soils that swell when they absorb water and shrink as they dry. Expressway Major roadway with limited access to adjacent properties; devoted almost exclusively to traffic movement, mainly serving through-traffic. F Fair Share The equitable assignment of a regional need, such as affordable housing, to the individual local governments within that region. Typically used by the Association of Bay Area Governments (ABAG) to assign affordable housing responsibilities to Bay Area cities and counties, but also used with regard to hazardous materials and special needs housing. Fault A fracture in the earth's crust forming a boundary between rock masses that have shifted. Fault Rupture Fracturing or displacement of the ground surface due to seismic activity along an earthquake fault or fault trace. Also called “surface rupture.” Feasible Capable of being done, executed, or managed successfully considering physical, financial, scheduling and other constraints. Federal Aviation Administration (FAA) Federal agency responsible for air safety and regulation of air traffic. Federal Emergency Management Agency (FEMA) Federal agency responsible for disaster response and assistance in post-disaster recovery. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 21 Fiber Optic Ring A network of Fiber Optic cables installed by the City of Palo Alto to serve a portion of the electronic data needs of the business and residential community. Flexible Zoning Land use regulations that provide more leeway to property owners by using performance standards rather than rigid lists of permitted and prohibited uses and dimensional requirements. Flood Control Any of a number of structural or non-structural measures designed to divert or contain floodwater and prevent flooding. Flood Insurance Rate Map (FIRM) The official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to the community. Floor Area Ratio (FAR) The gross floor area permitted on a site divided by the total net area of the site, expressed in decimals of one to two places. Foothills The hilly and sloping areas lying at the base of a mountain range. In Palo Alto, the area between the alluvial flatland and Skyline Boulevard are called the Foothills, including Stanford lands southwest of Junipero Serra Avenue. Form Code A set of regulations that address the location and physical attributes of building(s) or site(s) by precisely establishing the location and form of structures including setbacks, building heights and other physical features, rather than control development by applying maximum development limits. Freeway Major roadway with controlled access; devoted exclusively to traffic movement, mainly of a through or regional nature. Local examples include Highways 101 and 280. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 22 COUNCIL DRAFT – JUNE 12, 2017 Frontage The part of a lot that touches a road, street, or watercourse; it is often described as a specific amount such as “60 feet of frontage”. G Gateway A point along a roadway at which a motorist or pedestrian gains a sense of having entered the City or a particular part of the City. This impression can be imparted through such things as signs, monuments, landscaping, a change in development character, or a natural feature such as a creek. General Fund Component of City budget generated by sales tax, property tax, utility tax, and other miscellaneous sources, and used to fund general City Services and debt service. General Plan See Comprehensive Plan. A city's basic planning document, which provides the blueprint for development throughout the community and is the vehicle through which competing interests and needs of the citizenry are balanced and meshed. In Palo Alto, this Comprehensive Plan is the general plan. See also “Comprehensive Plan.” Geographic Information Systems (GIS) A method of storing geographic information on computers. Geographic information can be obtained from a variety of sources, including topographic maps, soil maps, aerial and satellite photos, and remote sensing technology. Geologic Hazard Any public safety hazard associated with geologic forces, including landsliding, mudsliding, surface rupture, groundshaking, liquefaction, and erosion and sedimentation. Goal A general end towards which the City will direct effort. Grade The average level of the finished surface of the ground adjacent to the exterior walls of the building. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 23 Grade Crossing The point at which a railroad line and a road, or two railroad lines, cross at the same level. Grade, Existing The vertical elevation of the ground surface prior to excavating or filling. Grade Separation The intersection of two or more surface transportation facilities at different heights (grades) so that traffic flow is not disrupted. Examples include an overpass, underpass, or tunnel. Grading Ordinance Locally adopted ordinance that regulates grading activities and ensures that erosion, aesthetic, and drainage considerations are taken into account. Green Infrastructure The network of natural or constructed features and systems that help to address urban issues, such as by reducing heat islands, increasing biodiversity and wildlife connectivity, producing food, improving air quality, generating sustainable energy, cleaning soils, and managing stormwater. Greenhouse Gas (GHG) Gases that are released into the atmosphere largely as a byproduct of burning fossil fuels, including oil, natural gas, and coal, and can be emitted as methane during the production and transport of fossil fuels. Gross Density The number of housing units per acre of land, including roads, utility easements, and other dedicated rights-of-way. Groundshaking Earthquake-induced shaking of the ground; may cause widespread damage and structural failure. Varies depending on the firmness of the ground and the magnitude of the earthquake. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 24 COUNCIL DRAFT – JUNE 12, 2017 Groundwater Water under the earth’s surface, often confined to aquifers, capable of supplying wells and springs. Groundwater Recharge The process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water holding aquifers that provide underground storage. Guard and Go Method of discouraging through-traffic on local streets through frequent use of stop signs. H Habitat The physical location or type of environment in which an organism or biological population lives or occurs. Hazardous Material An injurious substance, including pesticides, herbicides, poisons, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, and nuclear fuels. Hazardous Waste Any refuse or discarded material or combinations of refuse or discarded materials in solid, semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Hazardous Waste (HW) Facility Combining District A special zoning district that allows hazardous waste facilities subject to specified standards; used in combination with a “base” zoning district that allows a broader range of uses such as industrial or manufacturing. Heritage Tree A designated tree that is unique and important to the community because of its species, age, size, location, and/or historical significance. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 25 High Density A relative term, used to describe development dominated by multi-family housing and buildings of two stories or more. In Palo Alto, high density areas generally exceed 30 housing units per acre. High Speed Rail (HSR) A rail system designed to significantly increase speed in comparison to conventional rail service. The California High-Speed Rail Authority is responsible for planning, designing, building, and operating California High Speed Rail, which is anticipated to travel from Southern California to the Bay Area, including through Palo Alto.. High Technology An economic sector composed of a broad range of activities, including development and production of computers and office machines, communications equipment, semiconductors and electronic components, aerospace and military vehicles, computer services, research and development laboratories, and scientific instruments. High-Occupancy Vehicle (HOV) Lane A traffic lane reserved for vehicles that contain two or more (and in some cases three or more) persons. Historic Buildings Inventory City-maintained roster of buildings and/or sites with national, state, or local historic significance. Historic Preservation The preservation of historically significant structures and neighborhoods, often with the intent of restoring or rehabilitating the structures to their former condition. Historic Preservation Ordinance City of Palo Alto legislation guiding the maintenance and preservation of historic buildings and sites. Historic Resource A historic building or site that is noteworthy for its significance in local, state or national history or culture, its architecture or design, or its works of art, memorabilia, or artifacts. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 26 COUNCIL DRAFT – JUNE 12, 2017 Historic Resources Board (HRB) City Council appointed seven-member board, responsible for designating, preserving, protecting, enhancing and perpetuating those historic structures, districts and neighborhoods that contribute to the cultural and aesthetic heritage of Palo Alto. Historic Structure A structure deemed to be historically significant based on its visual quality, design, history, association, context, and/ or integrity. Home Improvement Exception A process in the City’s Zoning Ordinance that allows minor exceptions to the site development regulations in order to preserve an existing architectural style or neighborhood character. HOME Program Federal program enacted in 1990 that distributes funds on a formula basis to qualifying local jurisdictions and to the State Department of Housing and Community Development for distribution to other local jurisdictions; funds may be used for rehabilitation, new construction, acquisition, and tenant-based rental assistance; the City of Palo Alto is a non-entitlement City for HOME funds and must make application to the State. Horizon Year The end of the period covered by the Comprehensive Plan; in this case, 20302010. Household Hazardous Waste Waste that is generated in the home that are toxic or hazardous to humans and the environment when discarded, including paint, motor oil, batteries, and household cleaning products. Housing and Urban Development (HUD) A cabinet level department of the federal government that administers housing and community development programs. Housing Development Fund City maintained fund that can be used for acquisition, construction, and rehabilitation of housing. The funds are primarily available to non-profit groups who agree to maintain the long-term affordability of the housing units. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 27 Housing Discrimination Ordinance Chapter 9.74 of the Palo Alto Municipal Code that prohibits discrimination in renting or leasing housing based on age, parenthood, pregnancy, or the potential or actual presence of a minor child. Housing Technical Document A supplement to the Palo Alto Comprehensive Plan that includes technical, socioeconomic and housing data as well as more detail on the City’s housing programs; meets State requirements for Housing Elements. Housing Unit The place of permanent or customary abode for a person or household. May be a single family dwelling, a condominium, a co-operative, a mobile home, an apartment, or any other residential unit considered real property under State law. Must have cooking facilities, a bathroom, and a place to sleep. Human Relations Commission (HRC) City Council appointed board consisting of seven Palo Alto residents; responsible for addressing a broad range of human relations and equity issues in the Ccity. I Impervious Surface Surface through which water cannot easily penetrate, such as roof, road, sidewalk, and paved parking lot. Impact The effect of any direct, man-made actions or indirect repercussions of man-made actions on existing physical, environmental, social, or economic conditions. Implementation An action, procedure, program or technique that involves the carrying out of policies. In-lieu Fee Cash payments that may be required of an owner or developer as a substitute for dedication of land or physical improvements; usually calculated in dollars per lot or square foot of land or building area. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 28 COUNCIL DRAFT – JUNE 12, 2017 Incentive A reward or bonus offered by the City to encourage the private sector to take an action that would be less likely otherwise. Inclusionary Housing Housing that is built as a result of local regulations that require a minimum percentage of all units in developments exceeding a certain size to be affordable to low and moderate income households. Infill Development of individual vacant lots or leftover vacant properties within areas that are already developed. Infiltration The process through which water travels from the ground surface through soil to the aquifer. Infrastructure Public services and facilities, such as sewage disposal systems, water supply systems, other utility systems, and roads. Initial Study A preliminary evaluation of a project under the California Environmental Quality Act to determine the necessity for and scope of an Environmental Impact Report, or to enable modifications that would qualify for a Negative Declaration, or to provide a factual basis for a Negative Declaration. Injection Well A well-used to dispose of liquids or replenish groundwater through injection into the ground. Intercity/Intercounty Involving more than one City or County. J, K Jitney A small bus or van that transports passengers on a fixed route according to a flexible schedule for free or a small fare. See also Shuttle Bus. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 29 Jobs/Housing Balance The availability of affordable housing for local workers. Jobs/HousingJobs/Employed Residents Ratio The jobs/housing divides the number of jobs in an area by the number of. The jobs/employed residents ratio divides the number of jobs by the number of employed residents. A ratio of 1.0 indicates a numerical balance. A ratio greater than 1.0 indicates a net in-commute; less than 1.0 indicates a net out-commute. L L01, L10, L50, L90 The A-weighted noise levels that are exceeded 1 percent, 10 percent, 50 percent, and 90 percent of the time during the measurement period. LAFCo (Local Agency Formation Commission) A five-member commission within Santa Clara County comprised of two county supervisors, two City Council members, and one member of the public, that reviews, evaluates and is empowered to approve, disapprove, or conditionally approve all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts and merger of districts within the county. Land Banking Acquisition of land by a local government or other nonprofit entity for eventual resale or improvement at a later date, usually for affordable housing, open space or parkland. Landsliding The rapid downslope movement of rock, soil, and debris; usually induced by heavy rain or seismic activity. Land Use and Circulation Map The poster-sized fold-out diagram in the Palo Alto Comprehensive Plan illustrating the general distribution and intensity of allowable development, and the location of existing and planned roads, public facilities and open space. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 30 COUNCIL DRAFT – JUNE 12, 2017 Land Use Definitions Definitions of Land Use correspond to the categories on the land use and Circulation Map. Complete definition of each category is contained in the Land Use and Circulation Element. Ldn See also “Day/Night Level.” Legislative Decision Making Decisions that involve making or recommending new policies or laws. Level of Service (LOS) Standard, Traffic A scale that measures the amount of traffic that a roadway or intersection can accommodate, based on such factors as maneuverability, driver dissatisfaction, and delay. LOS A Indicates a relatively free flow of traffic, with little or no limitation on vehicle movement or speed. LOS B A steady flow of traffic, with only slight delays in vehicle movement and speed LOS C A reasonably steady, high-volume flow of traffic, with some limitations on vehicle movement and speed, and occasional backups on critical approaches. LOS D Designates where the level of traffic nears an unstable flow. Intersections still function but short queues develop and cars may have to wait through one cycle during short peaks. LOS E Traffic characterized by slow movement and frequent (although momentary) stoppages. This type of congestion is considered severe, but is not uncommon at peak hours, with frequent stopping, longstanding queues, and blocked intersections. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 31 LOS F Represents unsatisfactory stop-and-go traffic characterized by "traffic jams" and stoppages of long duration. Vehicles at signalized intersections usually have to wait through one or more signal changes, and "upstream" intersections may be blocked by the long queues. Lifts (parking) See also “Mechanical Parking.” Liquefaction The transformation of loose, water-saturated granular materials (such as sand or silt) from a solid into a liquid state; may occur during major earthquakes. Livability Refers to the environmental and social quality of an area. A livable community has a high degree of safety, health, housing and transportation options, functional ecosystems, aesthetic value, public participation in civic life, recreation, entertainment, and a unique identity. Live/Work A development type designed so that persons may live and work in the same space, often in former commercial or industrial buildings renovated for habitation. Local Street Minor roadway that provides access to adjacent properties only. Local Action List List developed by the Bay Area Air Quality Management District to reduce automobile trips and traffic congestion. Local-serving Economic activities with a primarily local market, such as retail stores and personal services; contrasted to “basic” economic activities such as manufacturing and wholesale trade. Long-term Parking Facility A lot or structure dedicated to all day automobile parking. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 32 COUNCIL DRAFT – JUNE 12, 2017 Low-Emission Vehicle A motor vehicle that emits relatively low levels of motor vehicle emissions in comparison to a conventional motor vehicle. California’s LEV standards apply to certain passenger cars, light-duty trucks, and medium-duty passenger vehicles. Low Impact Development (LID) An approach to land development that utilizes natural processes and incorporates systems and practices designed to manage stormwater in a way that protects water quality. Low-Income Households with incomes between 51 and 80 percent of the areawide (in this case, Santa Clara County) median family income. Thresholds vary depending on the number of persons in the household. M Marguerite Shuttle Bus or van service available to the general public provided by Stanford University at no fee to riders, serving the campus and portions of Palo Alto and Menlo Park. Market Pricing An approach to transportation management for the purpose of discouraging vehicle trips that varies the cost of travel to the user through road and bridge tolls, parking fees, and other methods depending on the level of demand. Market-rate Housing Housing that is offered for rent or sale at fair market value without any consideration of standards for determining affordability. Mechanical Parking A mechanical system designed to transport cars to and from parking spaces, typically by stacking cars vertically, in order to minimize the area and/or volume required for parking cars. Also known as lifts. Median 1) The paved or landscaped area on a major roadway that separates traffic moving in opposing directions. 2) The point at which one-half of a set is greater and one-half is lessfewer, such as median income or median rent. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 33 Metropolitan Transportation Commission (MTC) The regional transportation agency for the Bay Area; responsible for long-range transportation and mass transit planning, road funding, traffic and transportation models, and traffic projections. Microunits Compact, one-room dwelling units, typically with 150 to 300 square feet of space. Mid-Peninsula Pertaining to the central part of the San Francisco Peninsula, extending from San Francisco Airport south to and including Palo Alto. Mineral Deposits of Regional Significance A designation applied by the State Division of Mines and Geology to land on which known deposits of commercially viable mineral or aggregate deposits exist; intended to protect quarrying operations from encroachment by incompatible uses. Mini-park Small neighborhood park of approximately one-half to two acres. Minimize To reduce or lessen, but not necessarily to eliminate. Minimum Density Requirements Land use regulations that allow development only if the proposed density will be greater than a specific number of units per acre. Mission-driven Budget (MDB) Palo Alto’s unique budgetary process that integrates principals of Management by Objectives, program budgeting and performance reporting; emphasizes ensuring that resources are allocated based on agreed upon missions; focuses on planning and evaluation, accountability, resource allocation, and financial management. Mitigate To ameliorate, alleviate, or avoid to the extent reasonably feasible. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 34 COUNCIL DRAFT – JUNE 12, 2017 Mitigated Negative Declaration A Negative Declaration that concludes a project will not have a significant effect on the environment because the project has been modified and/or mitigation measures have been included. Mitigation Measures taken to eliminate or minimize damages from development activities by replacement of the resource or other means of compensation. Mixed Use A development type in which various uses, such as office, retail, and residential, are combined in the same building or within separate buildings on the same site or on nearby sites. Mobility The ability to move from one place to another, or to transport goods from one place to another. Moderate-Income Households with incomes between 81 and 120 percent of the areawide (Santa Clara County) median family income. Thresholds vary depending on the number of persons in the household. Mortgage Credit Certificates Federally created, locally run program that assists first-time home buyers in qualifying for mortgages. Certificates are issued by a local agency to qualified low- or moderate-income first time home buyers; the IRS allows eligible home buyers to take 20 percent of their annual mortgage interest as a dollar for dollar tax credit against their personal income tax. Mortgage Revenue Bonds Government bonds that provide low cost tax-exempt financing to developers who make a portion of the units in their projects available to low and moderate income households. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 35 Multi-modal Transit Station A location that provides connections between bus and rail transit modes and includes pick-up, drop-off and parking areas for cars, as well as bicycle related facilities. Multi-Neighborhood Center Retail shopping centers or districts that serve more than one neighborhood with a diverse mix of uses, including retail, service, office, and residential. Mutual Aid Agreement An agreement between two or more jurisdictions for the joint provision of services that cross jurisdictional boundaries, such as fire protection. N National Environmental Policy Act (NEPA) Federal law requiring agencies to document and consider the environmental implications of their actions. National Recreation and Park Association (NRPA) The Nation’s largest independent, non-profit public service organization advocating quality recreation and parks for the American people; its objectives revolve around public advocacy, public visibility, research, and professional development. National Register of Historic Places The federal government’s list of properties that have been identified as worthy of preservation; properties may be listed on the Register or may be identified as being “eligible” or “potentially eligible;” properties are usually listed in the National Register through nominations by the State Office of Historic Preservation. Native Plants Plants indigenous to an area or from a similar climate and requiring little or no supplemental irrigation once established. Negative Declaration A finding under the procedures of the California Environmental Quality Act that a proposed project will not have a significant effect on the environment and does not require preparation of an Environmental Impact Report. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 36 COUNCIL DRAFT – JUNE 12, 2017 Neighborhood A part of the City defined by distinct characteristics and boundaries and considered as familiar territory by its residents. Neighborhood Beautification Refers to any of a number of efforts or programs aimed at improving the visual quality of a neighborhood, including improved landscaping, signage, streets, painting and building facades, as well as community clean-ups. Neighborhood Center A small retail center with a primary trade area limited to the immediately surrounding area; often anchored by a grocery or drug store and may include a variety of smaller retail shops and offices oriented to the everyday needs of surrounding residents. Also called “Neighborhood Shopping Center.” Neighborhood Park Park of roughly two to 10 acres in size, intended to meet the recreation needs of people living or working within a one-half mile radius. Net Density The number of housing units per acre of land, excluding public roads, natural watercourse and drainage easements, and other dedicated rights of way. Net Zero A sustainability concept wherein resource usage is balanced by resource generation or offsets. 1989 Citywide Land Use and Transportation Study 1989 City Council approved Palo Alto planning document that established non- residential development limits (in square feet) for different geographic areas in the City. Noise A sound of any kind, especially one that is loud, unwanted, or disagreeable. Noise Compatibility The relationship between land uses and ambient noise levels; residential uses are considered to be less compatible with high noise environments than industrial uses. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 37 Noise Contour A line connecting points of equal noise level as measured on the same scale. Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential development. Noise Ordinance Locally adopted legislation that regulates noise-producing activities. Non-automobile Mode Any mode of transportation that does not use private automobiles; includes bicycling, walking, buses and trains. Non-conforming Use A use that was valid when brought into existence but by subsequent regulation becomes no longer conforming. Typically, non-conforming uses are permitted to continue for a designated period of time, subject to certain restrictions. Non-indigenous Landscaping Landscaping that is not native to an area and typically requires more water than naturally occurring vegetation. Also called “exotic” or “non-native” landscaping. Non-point Source Sources of air or water pollution that enter the environment from dispersed sources, such as pollution tainted stormwater runoff from streets and parking areas, rather than at a single point, such as an industrial facility discharge pipe. Non-profit Not conducted or maintained for the purpose of making a profit. Non-residential Any of a broad category of land uses that do not contain housing; includes commercial, industrial, public, and institutional uses, among others. Non-renewable Resource Natural resources, such as fossil fuels and natural gas, which once used cannot be replaced and used again. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 38 COUNCIL DRAFT – JUNE 12, 2017 No Net Loss of Housing Potential Development philosophy that allows non-residential development on a residentially zoned site only when an equal or greater amount of housing potential is created elsewhere in the Ccity. Northern California Power Agency (NCPA) A public agency that delivers electric power to several jurisdictions in Northern California, including Palo Alto. O Off-grid Self-sufficient design that allows for independence from one or more public utilities. In Palo Alto, this refers specifically to the electrical grid. Off-peak Not being in the period of maximum use. For traffic, generally refers to the weekday periods before and after the morning and evening commute hours, typically 9 AM to 3 PM and 7 PM to 6 AM. For electric utilities, generally refers to non-business hours, typically 7 PM to 6 AM. Other examples apply. Off-street Parking Parking that is provided outside of the right-of-way of a public street, typically in a surface parking lot or parking structure. On-street Parking Parking that is provided within the right-of-way of a public street, typically in designated parallel or diagonally striped spaces adjacent to moving traffic lanes. Open Space Any parcel or area of water or land that is essentially unimproved and devoted to an open space use for the purpose of (1) the preservation of natural resources; (2) the managed production of resources; (3) outdoor recreation; or (4) public health and safety. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 39 P Palo Alto Community Child Care (PACCC) Non-profit agency that organizes community resources for the development and improvement of child care services. Palo Alto Foothills Fire Management Plan Planning document that presents strategies to reduce fuel build-up and the risk of catastrophic wildfire in the Palo Alto foothills. Palo Alto Municipal Code Compendium of municipal ordinances and codes, including zoning regulations. Palo Alto Sanitation Company (PASCO) Provider of trash collection services to Palo Alto residents and businesses. Palo Alto Unified School District (PAUSD) Special district that provides public education to residents of most areas of Palo Alto, areas of Los Altos Hills, Portola Valley, and the Stanford University campus and a limited number of outlying areas1. Owns and operates elementary and secondary schools throughout the City. Parkway A low-speed road laid through a garden or park-like landscape, usually with median and roadside plantings. More narrowly, a planted strip between a curb and a sidewalk. Paratransit A “door to door” transportation service offered to individuals who cannot use conventional public transit service due to physical, visual, or cognitive disabilities. Parking, Unbundled A strategy in which the cost of parking spaces for housing or commercial units are separated from rental or sales prices. 1 The PAUSD boundary is not fully contiguous with the City limit. The Monroe Park neighborhood is outside of the PAUSD boundary. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 40 COUNCIL DRAFT – JUNE 12, 2017 Particulate(s) Particulates, or particulate matter, includes a wide range of solid and liquid inhalable particles, including smoke, dust, metallic oxides, aerosols and other tiny bits of solid materials that are released into and move around in the air. Particulates are produced by many sources, including burning of diesel fuels by trucks and buses, incineration of garbage, mixing and application of fertilizers and pesticides, road construction, industrial processes such as steel making, mining operations, agricultural burning (field and slash burning), and operation of fireplaces and woodstoves. Particulate pollution can cause eye, nose and throat irritation and other health problems. Particulates are categorized by diameter; PM10 and PM2.5 are particulate matter with diameters of 10 microns and 2.5 microns, respectively. Passive Open Space Open space that is set aside for the purpose of resource conservation, protection of public safety, or visual enjoyment rather than active recreation. Pavement Management Program City of Palo Alto Public Works program that analyzes and prioritizes the maintenance and repair of road surfaces. Peak Hour For any given traffic facility, the daily 60-minute morning or evening period during which traffic volumes are the highest. Pedestrian-oriented Form of development that makes the street environment inviting for pedestrians; for commercial areas may be characterized by special sidewalk pavement, zero front and side yard setbacks, buildings of varied architectural styles, street-facing window displays, an absence of front yard parking, benches and other amenities; for residential areas may be characterized by sidewalks, parkways, front porches, low fences, lighting and other amenities. Pedestrian Transit-oriented Development Overlay (PTOD) A land use policy intended to encourage a compact mix of residential, office, retail, service and public uses in areas that have a high potential for pedestrian activity, generally within one-half mile of existing and planned transit stations. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 41 Performance Standards Zoning regulations that allow uses based on a particular set of standards of operation rather than on the particular type of use; may be established to limit noise, air pollution, emissions, odor, glare, vibration, dust, dirt, heat, fire hazards, waste, traffic generation, and visual impact. Permeable Paving Paving through which water easily passes. Also called “porous paving.” Persons with Disabilities Persons with developmental, physical, or mental impairments that substantially limit one or more life activities. Planned Community (PC) Ordinance A local zoning provision that allows flexibility in land uses and development standards for a particular project, subject to controlled conditions and a finding that the project has a public benefit. Planning Area The geographic area covered by the Comprehensive Plan; corresponds to all land within the Ccity limits plus land in the unincorporated area that relates directly to the City’s planning needs as designated by Santa Clara County LAFCo. Planning and Transportation Commission City Council appointed board of seven Palo Alto residents; responsible for reviewing and making recommendations to the City Council on proposals for development, the subdivision of land, amendments to zoning, land use studies, the annual Capital Improvement Program, the Comprehensive Plan and other development regulations. Planting Pocket A small landscaped area within the normally-paved parking lane, used to separate on-street parking spaces from one another and create the impression of narrower streets. PM10 Particulate matter less than 10 microns in diameter; includes a wide range of solid and liquid inhalable particles, including smoke, dust, metallic oxides, and aerosols. See also “Particulate Matter.” PALO ALTO COMPREHENSIVE PLAN GLOSSARY 42 COUNCIL DRAFT – JUNE 12, 2017 Pocket Park Very small landscaped area or plaza in an urban area, providing visual relief, passive recreation (sunbathing, reading, public dining, etc.), nature enjoyment, or a public gathering space. Point Source Sources of air or water pollution that enter the environment at a single point such as a smokestack or drain pipe rather than in a dispersed manner. Policy A specific statement of principle or of guiding actions that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its goals and objectives before undertaking an action program. Pollutant Any introduced gas, liquid, or solid that makes a resource unfit for its normal or usual purpose. Precise Plan A plan for a sub-area of the City that implements the Comprehensive Plan through specific provisions and standards for how individual properties may be developed. See also “Coordinated Area Plan” and “Specific Plan.”. Preliminary Development Review Ordinance City Council adopted ordinance that allows applicants to submit conceptual development plans for City Council comment prior to formal submittal for City approval. Preserve A land area or property that is formally protected and managed so as to safeguard its ecosystem, flora, fauna, and physical features. Prime Farmland State Department of Conservation Farmland Mapping and Monitoring Program classification; indicates farmland that has the best combination of physical and chemical characteristics for the production of crops. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 43 Program An action, activity, or strategy carried out in response to an adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “where” of goals and objectives. Property Owner An individual who holds the deed or title to a tract of land. Public Art Sculpture, painting, murals, and other forms of artwork that are placed in public spaces or in public view to enrich and add visual interest to the built environment. Public Art Commission (PAC) City Council appointed seven-member board, responsible for advising the City in matters pertaining to the quality, quantity, scope and style of art in public places, and for acquiring and siting permanent works of art, specifically outdoor sculpture. Public Facility See also “Community Facility.” Public/Private Partnership A merging of public and private resources to achieve an end result or product that would be difficult to achieve through public or private activity alone. May refer to the delivery of services, such as child care, or to the construction of buildings, such as cultural facilities. Public Way A public path, walkway, street, alley, trail, or other publicly owned space through which people have the right to pass. Purple Pipe Infrastructure used to convey recycled water. Q Quasi-judicial Decision Making Decisions that involve application of existing laws and policies to a specific situation. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 44 COUNCIL DRAFT – JUNE 12, 2017 R Receiver Site A site to which development rights are transferred or upon which higher densities are allowed in exchange for foregoing development on another site. Recycled Water Converted wastewater that has been treated so that it may be used again for new purposes. Redevelop To demolish existing buildings; or to increase the overall floor area existing on a property, or both, irrespective of whether a change occurs in land use. Regional Shopping Center In Palo Alto, a shopping center with a primary trade area covering at least the Peninsula and South Bay areas, usually anchored by several department stores and offering a broad array of goods and services. Regional Center A commercial activity center of citywide and regional significance, with a mix of shopping, offices, and some housing. Regional Water Quality Control Board (RWQCB) Regional agency responsible for implementing State and federal Clean Water Acts. Defines beneficial use of Bay waters, sets and enforces water quality and discharge standards, and formulates plans and strategies to improve water quality. Regional Water Quality Control Plant (RWQCP) Wastewater treatment facility operated by the City of Palo Alto and serving the City and nearby environs including East Palo Alto, Los Altos, Los Altos Hills, Mountain View and Stanford. Regressive Fee A fee in which the per unit amount lessens as the amount subject to the fee increases PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 45 Remote Parking A parking lot on a site other than the property that it serves, usually at a substantial distance and often connected by shuttle bus. Renewable Energy Energy generated from a natural source that is not depleted when it is used, such as energy from sunlight, wind, tides, or geothermal heat. Renewable Resource Natural resources, such as water and air, that can be replaced by natural ecological cycles or sound management practices. Research and Development (R&D) Economic sector oriented around the development and application of new technologies. Residential Arterial Major roadway mainly serving through-traffic; takes traffic to and from expressways and freeways; provides access to adjacent properties, most of which are residential properties located on both sides of the roadway with direct frontages and driveways on that roadway. Residential Neighborhood Areas of the City characterized by housing, parks, and public facilities; boundaries are based on patterns of land subdivision and public perceptions about where one neighborhood stops and another begins. Resilient/Resiliency The ability to come through a bad event(s) and restore the community and its critical infrastructure and key resources, including the environment. A resilient community adheres to best practices of emergency management by being aware of possible risks and threats; taking steps to prepare for, prevent or mitigate those risks and threats; and building capabilities to respond to and recover from them. The ability of a system to absorb the effects of climate change, maintain function, and adapt, reorganize, or evolve into a way that improves the sustainability of the system and anticipates future effects. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 46 COUNCIL DRAFT – JUNE 12, 2017 Revitalization Restoring new life or vigor to an economically depressed area, sometimes through public improvements that spark private investment. Ridesharing Two or more persons traveling by any mode, including but not limited to carpooling, vanpooling, buspooling, taxipooling, jitney, and public transit. Ridge Trail A regional trail comprised of a series of interconnected trails traversing the hills around San Francisco Bay, forming a ridge line ring around the Bay several hundred miles in length; about 50 percent complete in 1997. The trail is promoted and managed by the non-profit Bay Area Ridge Trail Council. Right-of-way The strip of land over which certain transportation and/or other public facilities are built, including roads, railroads, and utility lines. Riparian Corridor or Riparian Lands The strip of land of native vegetation along the banks of a perennial or intermittent stream or creek established by and dependent on the water supply provided by the stream or creek. Runoff That portion of rain or snow that does not percolate into the ground and is discharged into streams instead. See also “Stormwater/Stormwater Runoff.” S Safe Routes to School Pedestrian and bicycling routes that provide safe access to and from schools. San Francisco Water Department Municipal utility that provides Palo Alto with water, sourced mainly from the 117 billion-gallon Hetch Hetchy reservoir. San Mateo Transit (SamTrans) Primarily bus transit system serving San Mateo County, with connections to San Francisco and Santa Clara Counties. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 47 Santa Clara County Hazardous Waste Management Plan Mandatory planning document prepared pursuant to the AB 2948 (Tanner bill); focuses on the management of hazardous wastes generated within the County and the facilities needed to serve these wastes. Santa Clara County Urban Runoff Management Plan County Plan that presents recommendations to local governments to improve the quality of stormwater runoff, identifies actions to be taken by private industry to reduce discharges, and assigns a priority rating system for stormwater control measures. Santa Clara Valley Congestion Management Program (CMP) See also ”Congestion Management Program.” Santa Clara Valley Urban Runoff Pollution Prevention Program Locally implemented program to achieve compliance with the federal Clean Water Act; includes an array of measures designed to reduce water pollution from urban runoff. Santa Clara Valley Transportation Authority (VTA) Agency that provides transit services, conducts transportation planning, and implements the State-mandated Congestion Management Program for Santa Clara County. Santa Clara Valley Water District (SCVWD) Regional agency responsible for the management of water resources in the Santa Clara Valley, including groundwater, reservoirs, creeks, and potable water. See also “San Francisco Water Department.” Scale The relative proportion of the size of different elements of the built environment to one another; the measurement of the relationship of one object to another. Scenic Route A highway, road, or drive that, in addition to its transportation function, provides opportunities for the enjoyment of scenic resources, views, and access to areas of exceptional beauty or historical interest. Scenic Roads in Palo Alto are University Avenue, Embarcadero Road, Oregon Expressway/Page Mill Road, Sand Hill Road, PALO ALTO COMPREHENSIVE PLAN GLOSSARY 48 COUNCIL DRAFT – JUNE 12, 2017 Foothill Expressway, Interstate 280, Junipero Serra Boulevard, and portions of Arastradero Road. Sea Level Rise The increase in mean sea level resulting from the increased volume of water in the world’s oceans; sea level rise is primarily caused by the climate change effects of land ice that is melting and sea water that is expanding as it warms. Second Unit A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. Also calledSee also “aAccessory dDwelling uUnit.” “in-law” unit or “granny flat.” Sedimentation Process by which eroding soil is carried by stormwater run- off and deposited, usually along the course of a stream or creek. Seismic Caused by or subject to earthquakes or earth vibrations. Seismic Hazard Zone The State of California, Seismic Hazards Mapping Act identifies areas within the state where landslides and liquefaction are most likely to occur. The Act requires special investigation of these sites before some types of buildings may be constructed. Property owners must disclose that property lies within such a zone at the time of sale. Seismic Retrofit Structural upgrading of buildings to minimize or abate potential hazards in the event of an earthquake. Seismically-induced Flooding Includes flooding from earthquake-induced dam failure, tsunamis, and seiches (earthquake-induced waves on lakes and other water bodies). Senior Care Facility Housing licensed by the State Health and Welfare Agency, Department of Social Services, typically for elderly residents who are frail and need assistance. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 49 Senior Coordinating Council (SCC) Non-profit Palo Alto organization providing a broad range of services to seniors including transportation, health care, housing, counseling, social work, support, and home repair. Sensitive Receptor Used in noise analyses to describe any land use that is susceptible to the effects of loud noise, including hospitals, nursing homes, schools, child care facilities, and residential areas. Service Organization A voluntary non-profit organization where members meet regularly to perform charitable works either by direct hands-on efforts or by raising money for other organizations. May also be referred to as a civic organization, Setback The horizontal distance between two points such as a property line and a structure. Shall Signifies a directive That whichthat is obligatory or necessary. Shared Housing A single dwelling unit that is occupied by persons of more than one family in order to reduce living expenses and provide social contact, mutual support, and assistance. Shopping Center In Palo Alto, a group of commercial establishments, planned, developed, owned or managed as a unit, with off- street parking provided on the site. Short-term Parking Facility A parking area designed for rapid turnover, where the duration of stay is usually short (e.g., less than two hours). Should Signifies a directive to be honored in the absence of significant countervailing considerations. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 50 COUNCIL DRAFT – JUNE 12, 2017 Shuttle Bus A bus or van service that transports passengers between or among fixed stops for free or fare. See also jitney. Sign Ordinance Local legislation regulating the location and design of signs. Signage General term referring to public and private signs and their design attributes. Significant Adverse Impact A substantial detrimental effect on the environment as determined by application of the California Environmental Quality Act; may include impacts on air, water, or land resources, among others. Single Family A dwelling unit intended for occupancy by one family that may be independent from any other structure or that may share common walls with an adjoining structure. Single- Family Detached Home A dwelling unit intended for occupancy by one family that is structurally independent from any other dwelling unit. Single Occupant Vehicle A private automobile containing a driver and no passengers. Single Room Occupancy (SRO) A dwelling unit, typically consisting of a single room of 80 to 250 square feet, with a sink and closet, that may include private bathroom, bathing and kitchen facilities or may utilize communal facilities. Slope Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 51 Small Lot Single-Family Single-family homes on lots smaller than “standard” City lots; typically less than 5,000 square feet. Usually characterized by narrow (or zero) setbacks, smaller homes, and greater lot coverage than conventional development. Small Scale Change A proposed alteration to a previously approved building design or site plan that will not significantly change the character or impact of the project as approved. Solid Waste General category that includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood. Sunnyvale Material and Recovery Transfer (SMaRT) Station© Public facility in Sunnyvale at which solid waste from Palo Alto and other jurisdictions is sorted to remove recyclable materials for resale. Source Reduction Minimizing the quantity of total waste generated by reducing the use of non- recyclable material; replacing disposables and products with reusable materials, reducing packaging, reducing the amount of organic wastes generated, purchasing repairable items, and by using products and materials more efficiently. Source Reduction and Recycling Element Locally adopted plan required by the State that describes how the jurisdiction will reduce its solid waste disposal by 25 percent by 1995 and 50 percent by 2000; prepared in accordance with regulations established by the California Integrated Waste Management Board. Source Separation Separation of waste materials in a manner that enables the City to gain more control over recycling and quantify the material disposed in its jurisdiction. South-of-Forest Area (SOFA) Area of mixed residential, institutional, and commercial uses generally located south of Forest Avenue and south of the University Avenue/Downtown business district. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 52 COUNCIL DRAFT – JUNE 12, 2017 Southern Connection A potential new roadway extending from the west end of the Dumbarton Bridge along the edge of the Bay to Highway 101 near the Embarcadero Road/Oregon Expressway interchange. Special Status Species Any plant or animal species identified by the State or federal governments as rare, endangered, or threatened; such species require protection and conservation due to their rarity, scarcity, or danger of extinction. Specific Plan A legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. See also “Coordinated Area Plan” and “Precise Plan..” Sphere of Influence (SOI) A boundary established by the Local Agency Formation Commission (LAFCo) that encompasses all land in the cCity limits plus land in the unincorporated area that could ultimately become part of the City through annexation. Stakeholder An individual with a high level of interest or concern in something, such as a public resource, development project, political action or property. State Implementation Plan State Plan required by the Federal Clean Air Act to attain and maintain national ambient air quality standards; adopted by local air quality districts and the State Air Resources Board. State Historic Buildings Code Regulations prepared by the State Historic Building Safety Board and adopted by the State of California Building Standards Commission that require enforcing agencies to accept reasonably equivalent alternatives to the California Building Standards Code (CBSC) and other applicable regulations when dealing with qualified historical buildings. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 53 Storm Drain A device used to capture stormwater runoff, usually from streets or other non- permeable surfaces, and transport it via pipes to ditches, creeks, channels, and other drainage courses. Stormwater Collection Storm Drain System Network of pipes, drains, and channels designed to convey rainwater that does not seep into the earth to creeks and the Bay. Storm Drainage Master Plan City of Palo Alto document setting priorities and identifying long-range improvements to the City’s storm drainage system. Stormwater/Stormwater Runoff Surface water resulting from precipitation events or snow/ice melt. Stormwater runoff is generated when stormwater flows over land or impervious surfaces, rather than infiltrating into the ground. Street Furniture Those features associated with a street that are intended to enhance the street’s physical character and be used by pedestrians, such as benches, trash receptacles, kiosks, lights, and newspaper racks. Street Tree(s) Trees planted in medians or along sidewalks in the public right-of-way that are intended to enhance the visual quality of a street, provide shade, absorb pollutants and noise, and provide habitat for urban wildlife. Street Tree System Term used to collectively describe all of Palo Alto’s street trees. Subsidence Localized sinking of the ground, usually caused by groundwater withdrawal. Superfund Federal funding source for the clean-up of a priority list of contaminated sites in the United States. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 54 COUNCIL DRAFT – JUNE 12, 2017 Support Services Any of a wide array of social services that provide information, assistance and referrals, such as child care, job training and placement, health care, and counseling, to citizens. Surplus Property Land or structure owned by a public agency, such as the City of Palo Alto or the School District, that is no longer needed for the delivery of public services or protection of public health, safety, and welfare. Sustainable/Sustainability The balance of environmental health, economic prosperity, and social equality and the simultaneous consideration of current and future needs. Sustainable Communities Strategy (SCS) A plan that each of California’s metropolitan planning organizations must prepare as part of its regional transportation plan to show how the region will meet its greenhouse gas emissions reduction targets. Sustainability/Climate Action Plan (S/CAP) A City of Palo Alto plan is currently preparing to provide a pathway to achieving sustainability goals and exceeding State requirements for greenhouse gas emissions reductions. T Telecommuting Using computers, telephones, modems, fax machines, and other telecommuni- cations devices to connect to a workplace from a remote location (such as home) rather than physically being in that workplace. Through-traffic Traffic with both origins and destinations outside a particular area of reference, such as a City or neighborhood. Title 24 Regulations adopted in 1977 by the California Energy Commission; contains prescriptive standards for wall, ceiling, and floor insulation, vapor barriers, glazing, infiltration, climate control systems, and water heating equipment. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 55 Traffic Calming Refers to measures that make permanent, physical changes to streets to slow traffic and/or reduce volumes; also can include education and enforcement measures to promote changes in driver behavior. Traffic Circle A raised island in the center of an intersection that helps reduce speeding by forcing drivers to slow. Transbay Pertaining to travel between the east and west sides of San Francisco Bay. Transfer of Development Rights (TDR) Program in which a landowner’s development rights are relocated from a site where development is considered undesirable (due to environmental impacts) to another site chosen based on its ability to accommodate more development. Transit Corridor A major bus or rail route; may also be used to describe land uses along the route. Transit Mall Street or portion thereof that has been closed to general auto traffic and redesigned to accommodate bus or light rail vehicles and pedestrians. Transit-oriented Development Form of development that maximizes investment in transit infrastructure by concentrating the most intense types of development around transit stations and along transit lines; development in such areas is designed to make transit use as convenient as possible. See also “Pedestrian Transit-oriented Development Overlay.” Transitional Housing Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 56 COUNCIL DRAFT – JUNE 12, 2017 Tree Task Force Ad hoc committee created by the City Council in 1993 to study tree planting, maintenance, and funding issues. This entity evolved into "Canopy" which incorporated in 1996. See “Canopy” Transportation Demand Management (TDM) A coordinated set of strategies that are designed to reduce the use of single occupancy vehicles, and thereby reduce both traffic and parking demand. Transportation Management Authority (TMA) In Palo Alto, an independent non-profit organization that works collaboratively with the City and the business community, is responsible for coordinating TDM programs. Tree Technical Manual A companion document to the Heritage Tree Ordinance; provides guidelines for required care of Protected Trees and regulates the removal and replacement of both public and private trees. Trip Generation The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the impact of additional development or transportation facilities on an existing, local transportation system. Trip Reduction An approach to reducing traffic congestion that minimizes the necessity of driving alone or at all. U Understory The layer of vegetation, such as shrubs, plants, and small trees, that grows between the ground and the canopy of larger trees. Underutilized Parcel Land that is not being used to its full potential and could be redeveloped with a more economically productive use. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 57 Uniform Building Code A national, standard building code that sets forth minimum standards for construction. Urban Creek A creek segment that runs through a developed area and has typically lost some or all natural features, and may be partially or fully channelized. Urban Design The art and science of giving form, in terms of both beauty and function, to selected urban areas or to whole cities; addresses the location, mass, and design of various components of the environment and combines elements of urban planning, architecture, and landscape architecture. Urban Forest Term used to describe trees, plants, soil and associated organisms along streets, in parks, and in yards throughout the City; collectively, these trees form a canopy that supports wildlife and provides environmental benefits. Urban Service Area Area where City services and facilities provided by the City and other public agencies are generally available, and where urban development requiring such services should be located. User-friendly Transit Transit that is designed to be safe, convenient, and easy to use; may also include use of small, environmentally friendly transit vehicles. Utilities Fund Component of Palo Alto’s revenue stream generated through rates for various City services including water, sewer, gas, electric, refuse, and storm drainage. Utilities Advisory Commission (UAC) City Council appointed five-member board, responsible for advising the City on long- range planning and policy matters relating to the electric, water and gas utilities. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 58 COUNCIL DRAFT – JUNE 12, 2017 V Vacancy Rate The ratio of unoccupied housing units to total housing units; or the ratio of unoccupied leasable non-residential floor area to total leasable non-residential floor area. Vehicle Miles Traveled Miles traveled by vehicles within a given geographical area during a specified period of time; calculated by multiplying the number of vehicle trips by trip distances. Vertical Curb A curb with well-defined right-angled edges to discourage drivers from parking on the sidewalks. Vertical Integration The mixing of one land use over another in a building of two stories or more, for example residential units over a retail store. Very Low-Income Households with incomes between 0 and 50 percent of the areawide (Santa Clara County) median family income. Thresholds vary depending on the number of persons in the household. Village Residential Land use category that allows specific traditional types of housing that contribute to the pedestrian orientation of a street or neighborhood, at low to medium densities. Vision A shared dream of the future characterized by long-term idealistic thinking. Provides the foundation for the development of the goals, policies and programs. A vision is not a binding goal and may not be achievable in the lifetime of those participating in the drafting of the Comprehensive Plan. Vision Zero A project to improve traffic safety, based on the concept that every traffic collision and death is preventable, either through engineering, education, or enforcement. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 59 Volunteer Transfer Program (Sschools) Program that enables students in one School District to attend school in another as authorized by the Allen bill. Voucher A certificate worth a particular dollar amount but transferable only for a specific commodity (such as rent or transit) rather than for cash. VTA See also “Santa Clara County Valley Transportation Authority.” W Walkable Neighborhood An area designed and constructed in such a way to provide and encourage pleasant, easy and efficient pedestrian movement. Wastewater The spent or used water from individual homes, a community, a farm, or an industry that often contains dissolved or suspended matter. Wastewater Recycling The practice of using highly treated effluent from a wastewater treatment plant for landscape irrigation and other non-potable purposes. Water Resources Term used to collectively describe groundwater (aquifers), surface water (bays, rivers, creeks, oceans, etc.), precipitation, and water supply. Watershed The total area above a given point on a watercourse that contributes water to the flow of the watercourse; the entire region drained by a watercourse. Western Area Power Administration (WAPA) Federal agency that oversees the allocation of federal energy resources in the Western United States. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 60 COUNCIL DRAFT – JUNE 12, 2017 Wetland(s) A lowland area, such as a marsh, that is saturated with moisture all or part of the year. Standards for defining wetland boundaries consider hydrology, vegetation, and soil conditions. Wildlife Corridor A landscape element that serves as a link between historically connected habitats or landscapes that are otherwise separated. Wildlife corridors provide avenues along which wildlife can travel, migrate, and meet mates; plants can propagate; genetic interchange can occur; populations can move in response to environmental changes and natural disasters; and individuals can re-colonize habitats from which populations have been locally extirpated. Williamson Act Known formally as the California Land Conservation Act of 1965, the Williamson Act is a state law designed as an incentive to retain prime agricultural land and slow its conversion to urban uses. Each year landowners are offered reduced property tax assessments if they agree to not develop their land for the following ten years. The lowered assessments are based on the agricultural use of the land rather than its “market value.” X,Y,Z Zone “A” Term used by the Federal Emergency Management Agency (FEMA) to indicate those areas subject to inundation by a 100-year flood. Zone “AE” Term used by Federal Emergency Management Agency (FEMA) to indicate areas subject to inundation by a 100-year flood, where the flood level is referenced to a fixed elevation relative to sea level. Zone “AO” Term used by Federal Emergency Management Agency (FEMA) to indicate areas subject to inundation by a 100-year flood, but only at depths of 1 to 3 feet and with flooding typically caused by sheet flow on sloping terrain. PALO ALTO COMPREHENSIVE PLAN GLOSSARY COUNCIL DRAFT – JUNE 12, 2017 61 Zoning The division of a city or county by legislative regulations into areas, or zones, which specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the General Plan. Zoning Map Map that depicts the division of the City into districts or “zones” in which different uses are allowed and different building and lot size restrictions apply. Zoning Ordinance A set of land use regulations enacted by the City to create districts that permit certain land uses and prohibit others. Land uses in each district are regulated according to type, density, height, and the coverage of buildings. # 100-year Flood Plain The area subject to flooding during a storm that is expected to occur on the average of once every 100 years, based on historical data. 13-Point Parking Program Program adopted in 1995 by the Palo Alto City Council to manage parking supply and demand in the University Avenue/Downtown area. 1985 Land Use Policy Agreement Sets forth policies regarding land use, planning and development. The agreement governs unincorporated Stanford University Lands located in Santa Clara County among the County of Santa Clara, the City of Palo Alto, and Stanford University. 1989 Citywide Land Use and Transportation Study 1989 City Council approved Palo Alto planning document that established non- residential development limits (in square feet) for different geographic areas in the cCity. PALO ALTO COMPREHENSIVE PLAN GLOSSARY 62 COUNCIL DRAFT – JUNE 12, 2017 ATTACHMENT F: COUNCIL MOTIONS ON DRAFT ELEMENTS TABLE F-1 MAY 1, 2017 COUNCIL DIRECTION ON THE TRANSPORTATION ELEMENT Link to tracked changes version of element: http://www.paloaltocompplan.org/wp-content/uploads/2017/05/3_transpoelement- june12cc_tracked.pdf Adopted City Council Motions* Resulting Revisions to the Draft Element MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Fine to direct Staff to include in the final Draft of the Comprehensive Plan Update: 1. Transportation Infrastructure Investments: A. Improvements within existing rights-of-way that provide for traffic calming or relatively small increases in roadway capacity by adding turn lanes or making other intersection adjustments; and List of improvements from May 1 draft Element carried forward unchanged, consistent with motion. No changes necessary. B. Full grade separations for automobiles, pedestrians, and bicyclists at Caltrain crossings; and C. Retrofit/improvements to existing grade separated Caltrain crossings for pedestrians and bicyclists at California Avenue and University Avenue; and D. Construction of new pedestrian and bicycle grade separated crossings of Caltrain in South Palo Alto and in North Palo Alto; and E. Pedestrian and bicycle improvements derived from the 2012 Bicycle and Pedestrian Transportation Plan as amended over time; and F. The United States Route 101/Adobe Creek bicycle and pedestrian bridge; and G. El Camino Real intersection and pedestrian safety/ streetscape improvements including existing and potential underpasses; and H. Downtown mobility and safety improvements; and I. Geng Road extension to Laura Lane; and J. Middlefield Road corridor improvements. MOTION AS AMENDED PASSED: 9-0 MOTION AS AMENDED RESTATED: Vice Mayor Kniss moved, seconded by Council Member Wolbach to direct Staff to include in the final Draft of the Comprehensive Plan Update: 2. Transportation Infrastructure Assumptions: Adopted City Council Motions* Resulting Revisions to the Draft Element A. Elements of the County’s Expressway Plan 2040 in or near Palo Alto, including widening Oregon Expressway- Page Mill Road with High Occupancy Vehicle (HOV) lanes and a separated bicycle/pedestrian trail between Interstate 280 and Foothill Expressway intersection improvements along Oregon-Page Mill between Porter Drive and Hansen Way and at El Camino Real, reconfiguration of the interchange at Interstate 280/Oregon Expressway-Page Mill Road, and an ITS/signal system Countywide; and No change B. United States Route 101 southbound improvements from San Antonio Road and Rengstorff Ave.; and No change C. Caltrain modernization including electrification; and Added to list in Roadway and Intersection Improvements section D. Bus rapid transit in mixed flow lanes on El Camino Real using curbside boarding platforms and queue jumping; and Added to list in Roadway and Intersection Improvements section E. Improved circulation in the Palo Alto Transit Center, including direct access to El Camino Real for transit vehicles; and Added to list in Roadway and Intersection Improvements section F. Add to the Roadway and Intersection Improvements Sub-section, “the City will review these proposals as provided for in the regional collaboration policies contained in this Element” after “under the jurisdiction of the City.” MOTION AS AMENDED PASSED: 9-0 Added wording to Roadway and Intersection Improvements narrative. MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Fine to direct Staff to include in the final Draft of the Comprehensive Plan Update: 3. Other Transportation Element Revisions: A. Reducing reliance on single occupant vehicles through Transportation Demand Management (TDM), expansion of the shuttle program, bicycle & pedestrian improvements, and other means; and No change. B. Effective first mile/last mile solutions; and No change. C. Continuing to work to address traffic congestion; and No change. D. Enhancing connectivity; and No change. E. Addressing neighborhood impacts; and No change. Adopted City Council Motions* Resulting Revisions to the Draft Element F. Managing parking demand and evaluating changing parking needs over time; and Policy T-5.1 revised: “All new development projects should meetmanage parking demand generated by the project, without the use of on-street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease.” G. Prioritizing pedestrian and cyclist safety; and No change. H. Meeting the needs of transit dependent communities; and No change. I. Preparing for technological and societal changes that will affect transportation and parking demand; and No change. J. Prioritizing Caltrain grade separations and regional cooperation; and No change. K. Remove from Program T1.24.1, “that new development projects must pay to the City;” and Removed wording. L. Replace in Program T2.3.1, “adopt” with “explore;” and Replaced wording. Also added phrase “adopt standards for vehicular LOS, and” based on staff direction. M. Add a new program T5.1.5, “consider reducing parking requirements for multi-family uses as a way to encourage new multi-family housing and the use of alternative modes where reduction in parking would not impact the neighborhood;” and Added new program T5.1.5. N. Add to Policy T-5.11, “and uses” after “of nearby businesses;” and Added wording. O. Add to Program T5.11.1, “and local businesses and other stakeholders” after “and neighborhood groups;” and Added wording. P. Add to Policy T-5.6, “and explore mechanized parking” after “structured parking;” and Added wording. Adopted City Council Motions* Resulting Revisions to the Draft Element Q. Add a Policy in support of autonomous vehicle development and deployment; and Added new Policy T-1.5: “Support the introduction of fleets of autonomous, shared, electric motor vehicles with the goals of improving roadway safety (especially for vulnerable road users), improving traffic operations, supporting core mass transit routes, reducing air pollution and greenhouse gas emissions, enhancing transportation opportunities for the disadvantaged, and reclaiming valuable land dedicated to motor vehicle transportation and parking.” R. Add to Policy T-2.4, “while maintaining the ability to customize to the Palo Alto context” after “roads in Palo Alto;” and Added wording. S. Replace in Policy T-1.24 , “evaluate transportation funding measures” with “pursue transportation funding opportunities;” and Replaced wording. Note that Policy is now T-1.25. T. Add to Policy T-5.6, “on” after “including;” and Added word. U. Add to Policy T-5.11, “recognizing that fully addressing some existing intrusions may take time” after “and uses.” MOTION AS AMENDED PASSED: 9-0 Added wording. TABLE F-2 MAY 1, 2017 COUNCIL DIRECTION ON THE LAND USE AND COMMUNITY DESIGN ELEMENT Link to tracked changes version of element: http://www.paloaltocompplan.org/wp- content/uploads/2017/05/2_LandUseElement_June12CC_Tracked.pdf Adopted City Council Motions* Resulting Revisions to the Draft Element MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Filseth to direct Staff to include in the final Draft of the Comprehensive Plan Update: 4. Land Use & Community Design Revisions: A. Remove Program L1.9.2; and Program L1.9.2 [L23] removed. B. Add a new Program L2.4.7, “explore mechanisms for increasing multi-family housing density near multimodal transit centers;” and New Program L2.4.7 added. C. Add to Policy L2.9, “and explore opportunities to expand retail opportunities;” and Added wording to Policy L2.9 [L124]; did not include second “opportunities” to avoid repetition. D. Remove from Program L3.5.1, “Land use issues. Evaluate the City’s policy of excluding basements from the gross floor area and maximum floor area ratio limits in the zoning ordinance. Consider zoning revisions, including greater setbacks, to limit basement size and increase basement setbacks from adjacent properties;” and Deleted first bullet, “Land Use Issues” from Program 3.5.1 [L64] E. Remove from Program 4.1.1, “and consider whether these limits should be applied in other Centers;” and Removed wording from Program 4.1.1 [L66] F. Add a new Program 4.7.2, “explore adding additional Floor Area Ratio (FAR) for retail at Stanford Shopping Center;” and Added new Program L4.7.2. G. To clarify that software development is allowed Downtown; and Added “software development” as an allowed non-retail use in the Regional/Community Commercial land use designation. H. Replace in Policy L-1.3, “promote infill development in the urban service are that is” with “infill development in the urban service area should be;” and Revised First sentence of Policy L- 1.3 [L3]. I. Add to Program L-1.3.1, “as appropriate” after “remove these barriers;” and Added wording to Program L-1.3.1 [L4] J. Replace in Program L9.6.1, “citywide average” with “citywide standard;” and Replaced word in Program L-9.6.1 [L171] K. Return to Council with additional information pertaining to moving the Policy regarding assessment of school impacts associated with legislative actions from the Community Services Element to the Land Use and Community Design Element; and Formulated revised policy on assessment of school impacts with input from the City Attorney’s office. See new Policy L-2.11: “Ensure regular coordination between the City and PAUSD on land development activities and trends in Palo Alto, as well as planning for school facilities and programs. Under State law, impacts on school facilities cannot be the basis for requiring mitigation beyond the payment of school fees or for denying development projects or legislative changes that could result in additional housing units. The City will, however, assess the reasonably foreseeable environmental impacts of development projects that result in new school construction or enrollment.” L. Add to Program L2.4.2, “and no reduction of retail square footage results” after “retail is maintained;” and Added wording to Program L2.4.2: “Allow housing on the El Camino Real frontage of the Stanford Research Park and at Stanford Shopping Center, provided that adequate parking and vibrant retail is maintained and no reduction of retail square footage results from the new housing.” M. Explore and potentially support new, creative and innovative retail in Palo Alto; and Added new Program L4.1.2: “Explore and potentially support new, creative and innovative retail in Palo Alto.” N. Replace in Policy L-6.3, “require” with “encourage.” MOTION AS AMENDED PASSED: 8-1 Kou no Replaced wording in Policy L-6.3 [L105] TABLE F-3 MAY 15, 2017 COUNCIL DIRECTION ON THE SAFETY ELEMENT Link to tracked changes version of element: http://www.paloaltocompplan.org/wp-content/uploads/2017/05/6_SafetyElement_June12CC_Tracked.pdf Adopted City Council Motions* Resulting Revisions to the Draft Element 1. Safety Element Revisions MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Fine to direct Staff to prepare a revised draft of the Safety Element for referral to the Planning and Transportation Commission incorporating the following changes: A. Consolidate programs in the Safety Element where feasible to establish a balance between policies and programs similar to other elements; and Staff reviewed and made minor revisions to reduce unnecessary text. No Programs were deleted or moved. B. Add to Policy S-3.2 or S-3.3, “vapor intrusion prevention;” and Added wording to Policy S-3.3. C. Remove from Program S1.7.2, “this includes remaining fully operational after a catastrophic (7.9 magnitude) earthquake, other natural disasters, moderate terrorist attack or crisis;” and Removed wording. D. Update Program S2.6.2 to include “explore” in the second sentence; and Added wording. E. Add to Policy S-1.3, “as needed” after “development proposals;” and Added wording. F. Add to Policy S-1.9, “including in the context of climate change and sea level rise;” and Added wording. G. Replace Program S2.14.3 with, “periodically update the Fire Department Standards of Cover document;” and Replaced wording. H. Replace Program S2.6.2 with “continue to use a seismic bonus and Transferable Development Rights (TDR) Ordinance for seismic retrofits for eligible structures in the Commercial Downtown (CD) zone;” and Replaced wording. I. Add a program, “evaluate the Transferable Development Rights (TDR) Ordinance so that transferred development rights may be used for residential development on the receiver sites;” and Added program. J. Replace in Policy S-3.9, “increased” with “requiring;” and Replaced wording. K. Remove from Program S2.6.3, “to include sunset dates by which transfer obligations must be fulfilled;” and Removed wording. Note that this is now Program S2.6.4. L. Add to Program S1.7.2, “as an essential service building” after “Public Safety building.” Added wording: “Design the new Public Safety building to essential service standards and to meet the needs of the public safety departments…” AMENDMENT AS AMENDED PASSED: 9-0 TABLE F-4 MAY 15, 2017 COUNCIL DIRECTION ON THE NATURAL ENVIRONMENT ELEMENT Link to tracked changes version of element: http://www.paloaltocompplan.org/wp- content/uploads/2017/05/5_NaturalEnviromtElement_June12CC_Tracked.pdf Adopted City Council Motions* Resulting Revisions to the Draft Element 2. Natural Environment Element Revisions MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Vice Mayor Kniss to direct Staff to prepare a revised draft of the Natural Environment Element for referral to the Planning and Transportation Commission incorporating the following changes: A. Consolidate park funding and acquisition policies from the Natural Environment Element to the Community Services Element and seek other opportunities to align the elements and reduce redundancies; and Deleted Programs N1.10.2 [N25], N1.10.4 [N27], N1.10.5 [NL152], and N1.10.6 [L151], which duplicated programs located in Community Services and Facilities Element under Policy C-4.1 B. Explore 150 feet as the desired stream setback metric for Program N3.3.1 in the Natural Environment Element about updating the code to require larger stream setbacks along natural creeks west of Foothill Expressway; and Revised Program N3.3.1: “Update the Stream Corridor Protection Ordinance to explore Adopt 150 feet as the desired stream a setback along natural creeks in open space and rural areas west of Foothill Expressway. This 150-foot setback would that prohibits the siting of buildings and other structures, impervious surfaces, outdoor activity areas, and ornamental landscaped areas within 150 100 feet of the top of a creek bank…” C. Replace in Program N6.12.2, “forums to ensure that future activities” with “forums and engage with other governmental agencies and representatives to ensure that activities;” and Replaced wording. D. Replace in Program N1.7.2, “and domestic” with “feral and stray;” and Replaced wording. E. Remove from Program N1.4.1, “sources may include the California Natural Diversity Database, as updated in accordance with federally- and State recognized organizations, including the United States Fish and Wildlife Service and California Department of Fish and Wildlife, as well as the California Native Plant Society and the Audubon Society;” and Removed wording. F. Replace in Policy N-4.8., “by reducing” with “by exploring ways to reduce;” and Replaced wording. G. Add to Natural Environment Vision Statement, “urban forest” after “creeks, parks;” and Added wording. H. Add to the Natural Environment Vision Statement, “and health” after “provide ecological;” and Added wording. I. Replace in Program N3.3.1, “at least 25 feet” with “at least 30;” and Replaced wording. J. Direct Staff to provide clarity for the last two bullet points in Program N3.3.1; and Revised Program N3.3.1: The uUpdate to the Stream Protection Ordinance s should establish: Exceptions to the 100-foot setback are as follows: • Design recommendations for development or redevelopment of sites within the setback, consistent with basic creek habitat objectives and significant net improvements in the condition of the creek. • Conditions under which Ssingle- family property is and existing development are exempt from the 1500-foot setback. • Appropriate setbacks and creek conservation measures for undeveloped parcels. K. Replace in Program N6.3.3, “appropriateness” with “effectiveness;” and Replaced wording. L. Add to Program N6.7.1, “in the Noise Ordinance” after “review procedures;” and Added wording. M. Add to Program N7.2.2, “including the Carbon Dioxide (CO2) emissions of construction materials and demolition” after “greenhouse gases;” and Added wording. N. Replace in Program N1.10.2, “pursue” with “explore” and remove “such as Renzel Wetlands and the Gamble House and Gardens as public parks to preserve the community serving purpose of these areas into the future;” and Replaced wording, moved to CSF Element under Policy C-4.1 O. Direct Staff to ensure the Comprehensive Plan language is consistent with prior Council direction regarding Urban Forest as infrastructure; and This references a Council motion regarding EIR Scenarios 5 and 6 from August 22, 2016. Staff reviewed motion and confirmed direction. Moved Policy N-1.2 to be the first Policy under Goal N-2; added words “natural and” before “green infrastructure” in the Policy. P. Replace in Program N2.1.1, “remain relevant” with “set leading standards for tree health practices.” MOTION AS AMENDED PASSED: 8-0 DuBois absent Replaced wording. TABLE F-5 MAY 22, 2017 COUNCIL DIRECTION ON THE BUSINESS AND ECONOMICS ELEMENT Link to tracked changes version of element: http://www.paloaltocompplan.org/wp-content/uploads/2017/05/8_BusnEcon_June12CC_Tracked.pdf Adopted City Council Motion Resulting Revisions to the Draft Element Business & Economics Element Revisions MOTION AS AMENDED RESTATED: Mayor Scharff moved, seconded by Council Member Wolbach to direct Staff to prepare a revised draft of the Business and Economics Element for referral to the Planning and Transportation Commission including the following changes: A. Replace in Policy B-6.1, “containing” with “prioritizing” and add “start-ups” after “small office.” Policy B-6.1 revised: “…area containing prioritizing retail, personal service, small office, start- ups, restaurant…” B. Add to Policy B-4.2, “start-ups” after “small businesses.” Policy B-4.2 revised: “…small businesses, start-ups, non-profit organizations…” C. Add to Program B-4.2.1, “start-ups” after “small businesses.” Program B-4.2.1 revised: “…to accommodate small businesses, start-ups and other services.” D. Add to Policy B-4.3, “and start-ups” after “small businesses.” Policy B-4.3 revised: “…of small businesses and start-ups.” E. Add to Policy B-3.1, “add real accounting of unfunded pension liability and unfunded benefit costs.” Policy B-3.1 revised: “Promote a comprehensive approach to fiscal sustainability that includes careful monitoring of revenues and expenditures;, efficient City operations;, and land use, business and employment strategies;, and real accounting of unfunded pension liability and unfunded benefit costs.” F. Replace in Program B1.1.1, “direct the Palo Alto Office of Economic Development to implement the” with “implement an…” Revised Program B1.1.1 to: “Direct the Palo Alto Office of Economic Development to , Implement and periodically amend the an Economic Development Policy to guide business development in the City.” G. Add to Policy B-2.3, “with a priority on neighborhood quality of life.” Policy B-2.3 revised: “…work together with a priority on neighborhood quality of life.” H. Remove Program B4.6.2. Program B4.6.2 removed. I. Remove Program B4.6.3. Program B4.6.3 removed. Adopted City Council Motion Resulting Revisions to the Draft Element J. Replace in Policy B-5.1, “flexibility” with “efficiency.” Policy B-5.1 revised: “…predictability and flexibility efficiency for those…” K. Replace in Policy B-5.3, “strengthen the role of the Office of” with ”Focus on.” Policy B-5.3 revised: “Strengthen the role of the Office ofFocus on eEconomic dDevelopment to…” L. Clean up and potentially merge Policies B-6.5 and B-6.6 for consistency and confirm if these policies belong in the Business and Economics Element. Program B-6.5 has been reworded to focus on business viability rather than land use: “Strengthen the commercial viability of businesses along the El Camino Real corridor by, for example, encouraging the development of well-designed retail, professional services and housing.” Program B-6.6 has been slightly reworded and will be moved to the Land Use Element. “Recognize El Camino Real as both a local serving and regional serving corridor, defined by a mix of commercial uses and housing. ( New Policy ) M. Replace Goal B-2 with, “A thriving business environment that complements and is compatible with Palo Alto’s residential neighborhoods and natural environment.” Goal B-2 revised to add “…complements and is compatible with Palo Alto’s…” N. Replace Policy B-2.4 with, “Consider a variety of planning and regulatory tools including growth limits, to ensure change is compatible with the needs of Palo Alto neighborhoods.” Policy B-2.4 revised: “Use Consider a variety of planning and regulatory tools, including growth limits, to ensure change is compatibleilit with the needs of y between Palo Alto’s thriving business districts and its healthy, stable neighborhoods.” O. Replace in Goal B-5, “flexibility” with “efficiency” and in Subsection Flexibility and Predictability, replace “flexibility” with “efficiency.” Goal B-5 reworded: “City regulations and operating procedures that provide certainty, predictability and flexibility efficiency and help businesses adapt to changing market conditions.” Background text was also revised to be consistent: “…while maintaining flexibility efficiency and adaptability as market conditions change.” Adopted City Council Motion Resulting Revisions to the Draft Element P. Replace in Retail, “retail sales tax provides approximately five percent of total revenues" with “retail sales tax provides approximately XX percent of general fund revenues.” Checked City’s budget report for FY 2017/18 as well as most recent available quarterly sales tax digest. Updated statement to “five 5.3 percent of general fund total revenues.” MOTION AS AMENDED PASSED: 9-0 ATTACHMENT F CAC Comments and Meeting Minutes April 18, 2017 Meeting - Implementation Section, Governance, Introduction, Cover and Glossary Sections May 16, 2017 Meeting - Cover, Introduction, Governance, Online Comp Plan/ User's Guide/Future Improvements 1.CAC comments 2.Draft Meeting Minutes April 18, 2017 Comp Plan Update Citizen Advisory Committee Comments and Minutes Implementation/Cover/Introduction/ Governance/Glossary Don McDougall 1 CAC Member Don McDougall’s Notes on Implementation of the LIVING COMPREHENSIVE PLAN April 18, 2017 I agree with the sentiment captured here that the Comprehensive Plan is a Living Document. This is an important concept in its development, adoption and future use. In order to facilitate and ensure its future Life, I suggest the Review and Update definition should be more robust and complete. Observations: •Frequently CAC have been told that very few (15% or 5% or 20%) of the previous plan Programs were completed. •Any previous annual report by the PRC does not seem or have received much publicity if even visibility or transparency. •Frequently CAC have been told there were too many Programs to review. Questions or Issues: •The section (copied below) does not indicate or suggest at what level PRC should review and report or if the report should be qualitative or quantitative. •The section does not suggest what kind of updates are encouraged or allowed – priorities changes, deletions, additions, editing of Policies or Programs? It simple says priorities will evolve. •The section does not say who (Council) approves updates. Suggestions: •The PTC should provide an Annual Qualitative report of the progress towards all of the Goals defined in the Plan. I believe this would meet State Law or Municipal Code or would like to hear otherwise. •The PTC should provide suggestions to Council for changes in Policies. •The PTC should not have to report on Programs that were defined as Regular or Ongoing. •The PTC should review all other (non-regular) Programs at a frequency determined by Priority. High priority Programs should be reviewed Annually, medium biannually and low on a 5 year basis. •The PTC should provide a Quantitate report on the Programs reviewed (what % have been complete, or in regular status or not doing well). It should not be a surprise. I’m sure there are other details to such an approach but if we want this to be a truly LIVING COMPREHENSIVE PLAN with confidence that it will be vigorously followed and its progress transparent to the Palo Alto citizens some version of these Suggestions must be adopted! Bonnie Packer’s Comments on the Draft Introduction and Governance Element April 18 In the 1990’s the comp plan focused on neighborhood associations and volunteerism, which is very, very good. However, in the current era, we have become more aware of the need to create more effective avenues for civic engagement of residents eager to do so. Shift the references from neighborhood associations to non-profit or private civic, environmental, cultural, neighborhood and social services organizations throughout this element. Introduction under Major Themes: add before “small businesses” “ private, non-profit civic, environmental, cultural and social services organizations ” Governance: In the narrative, greatly expand the language about Civic and Service Organizations – do not limit the discussion to neighborhood organizations. There are dozens of these organizations providing services in child care, youth and senior activities, volunteerism, environment, civic engagement: e.g., Avenidas, PACCC, YMCA, YCS, ACS, Kiwanis, Rotary, Canopy, Acterra, Red Cross, PTAs, Neighbors Abroad, youth sports organizations, Woman’s Club, League of Women Voters, Palo Alto Forward, Palo Alto Community Foundation, Friends of the Palo Alto Library, PA Chamber of Commerce, Environmental Volunteers – to name just a few. These organizations are a natural way for the City to connect with its residents and encourage a more active civic life. Make the following changes – underlined. Change the title: CIVIC AND NEIGHBORHOOD ORGANIZATIONS to CIVIC, ENVIRONMENTAL, CULTURAL, NEIGHBORHOOD AND SOCIAL SERVICES ORGANIZATIONS GOAL G-2 Informed and involved civic, environmental, cultural, neighborhood and social services organizations and residents. Policy G-2.1 Continue to provide information on the City’s website about non-profit or private civic, environmental, cultural, neighborhood and social services organizations addressing subjects like planning and environmental issues, earthquake preparedness, neighborhood beautification, event planning, how to communicate with City Hall, and guidelines for establishing and managing non-profit or private civic, environmental, cultural, neighborhood and social services organizations .[Previous Program G-7] Policy G-2.2 Establish and enhance two-way communication between City staff and non-profit or private civic, environmental, cultural, neighborhood and social services organizations . [Previous Policy G-5] Delete Program G2.2.1. It doesn’t belong in this Element. Where feasible, assist residents Bonnie Packer’s Comments on the Draft Implementation Plan April 18 Please include the links to each Element in the Implementation Plan Table – clean copy. These links are in the Implementation Table with CAC Priority – provided as link only, but not in the Table you are asking us to send to CC. The ranking of programs in the staff report based on our very unscientific dot exercise is inappropriate. While some noted that we learned something from the dot exercise, this should not be the prime driver of how the programs are ranked. To be able to determine the status of the implementation of the programs, please consider adding a procedure to the Implementation Plan where one can track whether these programs are included in the work plan of the various departments. Perhaps you could include links to the department’s annual work plans so one (i.e., the Planning & Transportation Commission) can ascertain whether these items are actually being considered. Note: the City Council is expected to review the Shuttle Vision Plan on April 17. This Plan should be explicitly referred to in the Transportation Element and in the top priority item T1.14.1 Where did the following four priorities come from? They did not come from the CAC. Are these the City Council’s current priorities? At the adoption of this Plan in 2017, the City sees the following four broad priorities: Increase the Proportion of Affordable Housing Reduce Single-Occupant Vehicle Trips Protect and Sustain the Natural Environment Maintain a Safe Community with neighborhood improvement, beautification, and planting projects. [Existing Program G-9] Policy G-2.3 Encourage civic participation by civic, environmental, cultural, neighborhood and social services organizations in the governing process by providing easy access to data media channels and other creative means. [Existing Policy G-6 Add a program under this Policy: Facilitate the easy availability of City facilities to non-profit or private civic, environmental, cultural, neighborhood and social services organizations for their meetings and events for a greatly discounted fee. Policy G3.2 add “civic organizations” after “residents” In the Glossary: consider including definitions of neighborhood associations, social service organizations, civic organizations, arts and cultural organizations, clubs, etc. Annette Glanckopf’s Comments on the Implementation Section, Introduction and Governance Section April 18 IMPLEMENTATION SECTION I do not/did not support using the dot system as a priority setting tool. Not everyone was prepared, so in some cases dots were just applied to items that already had support…or people were lobbied in front of the charts to put a dot on their favorite program. While some of the items rightly surfaced as high priority, I do not feel this method adequately addresses ongoing programs. Each Element should stand on its own. The dot method is unbalanced, since the majority of the programs are for Community services and Planning & Transportation. In the matrix on staff comments under lumping together Land Use, Transportation, Natural Environment and Safety. No Police, Fire, and OEs items were prioritized in the dot method. I found it interesting in the full implementation matrix that •Police had 8 programs. •OES & Fire both had 14 programs. •Utilities had 31 •Public works had 71 Moreover, why are Community Services and Businesses lumped together? I do not agree with the High Priority items: such as Shop Palo Alto (tried many times before and was a failure. This is tied to my comments on the “help” the city provides small businesses), impacts of online shopping (to me is a low priority with everything else going on). Also although not politically correct, I feel there are too many high priority items prioritized for children and not enough for seniors (Largest segment of population) and those with special needs. INTRODUCTION – marked up version Meeting Housing Supply Challenges: It is not clear to me that Palo Alto safeguards single family neighborhoods. I would remove that phrase Meeting Residential and Commercial needs: Under city is committed to retaining businesses Although this sounds very nice, I have not seen any actions to support this lofty goal….especially since so many small businesses are leaving and it is so difficult for new businesses to get through the permitting process. Remove the wording “is committed to retaining businesses” or have council develop a concrete policy to help businesses esp small ones. Page I-5: Remove sentence under use and organization of plan “ The hundreds of citizens & officials who have prepared…..” It is self-serving and not needed. GOVERNANCE SECTION: Page G3: Include the Citizen Corps Council on the list of Boards and Commissions per the request of the Director of Emergency Services and the Chair of that Committee. GOAL G-1 Effective opportunities for public participation in local government. Program G1.2.1 Continue use of neighborhood organizations, City website, local media, online technologies and other communication platforms to keep residents informed of current issues and to encourage citizen engagement. [Previous Program G-4] MY COMMENT: Continue use of neighborhood organizations” should be “Continue communication with neighborhood organizations” GOAL G-2 Informed and involved civic and neighborhood organizations and residents. Policy G2.1 Continue to provide information on the City’s website about neighborhood and civic organizations addressing subjects like earthquake preparedness, neighborhood beautification, event planning, how to communicate with City Hall, and guidelines for establishing and managing neighborhood and civic organizations. [Previous Program G-7] MY COMMENT: •There is no place currently on the city website that refers to neighborhoods, although the website redesign committee asked the city to link to the PAN (Palo Alto Neighborhoods) site. •The topics selected to highlight this point are very random….Where did neighborhood beautification come in – this has never been a priority, nor can I ever remember any action by the city in Midtown. Public Art, bathrooms, dog parks? •Event Planning? The city is going to provide information on how to plan events? If the intent of this term was to schedule rooms, then use that terminlogy •Omit the entire last part about guidelines for establishing & managing neighborhood organizations. There are no “city guidelines for establishing and managing neighborhood and civic organizations.” NOR SHOULD THERE BE, •Nor do I know where to find out "how to communicate with City Hall" apart from the info on each commission/department's page. ADD PROGRAM: Continue to hold regular town hall meeting with neighborhoods ADD PROGRAM: Support neighborhood associations by allowing them period use of public meeting rooms. PolicyGg2 2 .Establish and enhance two-way communication between City staff and neighborhood groups . [Previous Policy G-5] Where feasible, What does this mean? It works quite nicely now as is. Program G2.2.1 assist residents with neighborhood improvement, beautification, and planting projects. [Existing Program G-9]3 The only effort that I am aware of to assist neighborhoods is Canopy. Working with them is usually an individual project not a neighborhood one. I suggest removing this policy. What about public art, or dog parks, or noise, urban blight, leaf blowers or code enforcement? DEFINITIONS: I understand that many terms have been removed, since they aren’t mentioned in comp plan document. However, I would lobby to retain the following ones. The comp plan will be used for reference, and this is a great place for a dictionary. The ones I think should be retained are •Bollard •Building envelope •Charette •Inclusionary housing •Land banking •Mitigated negative declaration •Negative declaration •Non-conforming •Regressive fee •Transitional housing •Uniform building code •Vacancy rate •Vertical integration COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 1 of 46 TUESDAY, April 18, 2017 Rinconada Library – Embarcadero Room 1213 Newell Road Palo Alto, CA 94303 5:30 PM TO 8:34 PM Implementation Plan/Governance Chapter/Introduction/Cover and GlossaryCall to Order: 5:30 P.M.1 Co-Chair Keller: Comprehensive Plan update, Citizens Advisory Committee of Tuesdays, April 18th, 2017. 2 The time is 5:35 and will the secretary please call role? 3 Present: Filppu, Garber, Glanckopf, Keller, Kleinhaus, Levy, McNair, Packer, Peschcke-4 Koedt, van Riesen 5 6 Absent: Hetterly, Hitchings, McDougall, Moran, Summa, Sung, Titus, Uang, 7 8 Oral Communication: 9 Co-Chair Keller: Thank you. The first item on the agenda is oral communications. I don’t see anybody 10 here who is from the public that wishes to speak so that’s completed. 11 Staff Comments: 12 Co-Chair Keller: Then we have comments from Staff and I guess part of what we can talk about is last 13 night. 14 15 Elaine Costello: I’m going to let – I’m actually going to talk a little bit about what we’re going to do 16 tonight and the schedule going forward. Then Elena can talk about little bit about last night, is that ok? 17 Tonight, we are – oh, thank you. Tonight, we are going to go over the – it’s on the consent agenda to do 18 the Implementation Chapter and recommend that to the City Council. That will be out the first item and 19 then we’re actually going to do governance as the second item and then the other three cover, 20 introduction and glossary as the third item. That’s how we’re going to organize this and just to give you 21 – this is our – as Arthur calls it, our (inaudible) ultimate meeting, our second to the last meeting. The 22 final meeting will be May 16th and that section is called wrapping it up. There are a couple of items and 23 one is to talk about the user’s guide and what you think would be useful. We don’t have anything 24 budgeted for that yet but what would be useful as a user guide, what’s necessary, what would be nice, 25 and what’s important to do in that. Then another thing that Arthur had suggested was to talk about 26 lessons learned from this kind of Citizen’s Advisory Committee. To think about what went well and what 27 might be improved for this kind of group in the future. Then we’re going to have a celebration. That’s 28 the plan for the next and final CAC meeting. Then the Council is going to pick up the pace. On May 1st, 29 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 2 of 46 they’re going to be considering – this is all on the last page of your Staff report, page 11. They’ll be 1 looking at the Land Use and Transportation Elements, which will reflect the changes that they had 2 requested since they reviewed your recommendations. Then on May 15th, they’ll be doing Natural 3 Environment, Safety and Business and Economics Elements. On June 5th, they’ll be doing an 4 acknowledgment of your very good work. On June 12th, they’ll finish up with the recommendations that 5 you’re working on tonight, the introduction and the governance and the glossary and the 6 implementation sections. Then it moves on to the PTC, with the idea that the PTC will work on this over 7 the summer and get it back to the Council so that it can all get approved this year, in 2017. That’s the 8 plan and the schedule for going forward. We will send you out – once we have a link for the Land Use 9 and Transportation Element review by the Council on May 1st, we’ll send you all a link to it. Then I’m 10 going to ask Elena to talk about a little about last night’s – she was there. Then we’ll move on to the 11 topics, does that work for you? 12 13 Elena Lee: Just really briefly, so we went to City Council last night for the revised draft ordinance on 14 accessory dwelling units and after – it was a great turn out. There were 65 public speakers and then it 15 was pulled off the consent calendar by Council; 65 public speakers. A lot of dialog between the Council 16 Members and a compromise that was made. As a result, they did pass an ordinance regarding accessory 17 dwelling units on a vote of 7-2 and basically, what they did in terms of amending the ordinance was to 18 add back in a minimum lot size of 5,000-square feet. Also, to clarify that the additional FAR would only 19 be applicable to a new ADU. It also requires directing Staff to return with basically an update to Council 20 on a quarterly basis as well as a study session for the PTC. It was a good discussion and in the end, we 21 have the revised draft ordinance that will be going back to City Council on a second reading in about 2-22 weeks and then it will be effective in June. Staff right now is also working a fact sheet because one of 23 the issues is that there’s a lot of confusion about what State regulations apply and what local regulations 24 apply so we’re going to be putting together a document that clarifies that. We’ll make that available to 25 the public as soon as possible and this is a big topic. If you have any further questions, feel free to let 26 myself or Chitra know. Thank you. 27 28 Co-Chair Keller: I think that there was also a – I’m not sure if this was part of the motion because I was 29 at home and I couldn’t see it but I believe there was a referral for Eichler home – neighborhoods. For 30 compatibility of ADUs with Eichler neighborhoods to be part of the Eichler Design Guidelines. Am I 31 correct in that? 32 33 Elena Lee: No, that is correct. The direction was to include it in the process to add basically, an objective 34 standard; for example, maximum height or orientation of windows. For example, the ordinance right 35 now includes a provision saying that there shall be no doors or openings that are within 6-feet of the 36 property line so it would be something comparable to that. Again, that would be part of the – an 37 ordinance perusable and it wouldn’t – and so it – ADUs would not be subject to a planning permit; 38 permits have to be ministerial. 39 40 41 Agenda Items: 42 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 3 of 46 Co-Chair Keller: Thank you. So, the next agenda -- yes, go ahead. 1 Shani Kleinhaus: (Inaudible) 2 Elena Lee: Ministerial permits cannot be appealed. 3 Co-Chair Keller: They – my understanding is ADUs cannot be appealed nor if I am correct in the 4 statement there, that there is no notice to neighbors? 5 Elena Lee: That’s correct. State is precluding us from doing that. 6 Shani Kleinhaus: (Inaudible) 7 Co-Chair Keller: Could you be on the microphone? Is there – can you get a microphone near you? Thank 8 you. Shani? 9 Co-Chair Garber: Jeez, Len. 10 Shani Kleinhaus: When you said something about Eichler’s. Does that include the Mackay, which is 11 almost the same except doesn’t have the heated floors or whatever and it’s the (inaudible) glass? 12 Co-Chair Keller: I believe that Mackay’s where not specifically mentioned last night. At least I didn’t hear 13 them mentioned but there was a specific mention of Eichler’s. Maybe Elena can tell us whether 14 Mackay’s are part of the Eichler design process? 15 Elena Lee: Not that I am aware of but that’s – certainly I can mention that to Amy. That process has just 16 started so I don’t think anything has been decided at this point. 17 Shani Kleinhaus: It would be good to mention that because other than the heated floors, all the 18 windows – the building is all windows. It’s kind of the same at the Eichlers except – yeah. 19 Co-Chair Keller: Yes, Len. 20 Don McDougall: There we go. To – could you explain a little bit further on the Eichler Design Guideline 21 process and the ADU ordinance that is being developed. Which is coming first? Is the Eichler Design 22 Guideline going to inform the ordinance or vice versa? I’m very curious about that. 23 Elena Lee: Basically, we’re under some pressure because the State regulation is already effective and so 24 there are requirements that the City does have the ability to put additional discretions on but we need 25 to adopt an ordinance as soon as possible. Given that, we do have the ongoing Eichler Guidelines but 26 that process has just started so the intent is for this to be – the ordinance to be effective and then to the 27 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 4 of 46 wrap the Eicher specific requirements as part of the Eichler Design Guidelines. The ordinance will be 1 effective first and then the Eichler Design Guidelines will be ongoing. 2 Co-Chair Keller: In other words, once the ordinance becomes effective, then people can build ADUs in 3 Eichler neighborhoods without respect to the Eichler Design Guidelines because they will not yet exist. 4 There was an amendment proposed by Council Member Holman to limit ADUs to 12-feet in Eichler 5 neighborhoods but that was not accepted so that’s not in the ordinance. It’s – therefore, they can be 17-6 feet high and as can they can be in any neighborhood. Anyone else? 7 1. Consent: Implementation Plan Chapter 8 9 Co-Chair Keller: Thank you. Now we’ll talk about the Implementation Chapter. I don’t think we need to 10 go around on this but anybody wishes to speak and then we’ll entertain a motion. Anybody wish to 11 speak on the Implementation Chapter? Ellen. 12 13 Ellen Uhrbrock: I just wanted to introduce the idea that I wrote in a memo to the Committee. Basically, 14 I’m suggesting that we make the chapter of the implementation readable at a glance by Staff, by public 15 vendors and Council and each program scored on its progress from 0 to 100%. You update this annually 16 before the Council retreats in the – in January or so and sets priorities for the year. Publish it as a 17 separate appendix through the Comp. Plan and it’s a progress report to the City Council and the City 18 Manager who will want to have a good leadership and shared with all. 19 Co-Chair Keller: Thank you. Alex. 20 Alex Van Riesen: First, I’d like to say thanks for the food for dinner. That was very nice, it’s very 21 thoughtful every time but it was a great spread, thank you. First or second I guess, I wanted to say that I 22 agree with Ellen and I think I had very similar thoughts. I – especially along the lines of there being 23 something more than just the 5, 10, 15-year review process. My sense was that – my suggestion was 24 that we actually -- by the way that they’ve set the priorities up with departments owning them, that 25 actually, there is an annual review process for each department and that each department is required to 26 produce a report on their progress with each priority, with each proposal and policy that’s under their 27 purview. That those are then – I agree. I think either put in some kind of review from but I think the 28 most important would be online. Where people can go online and see annually what priorities are there 29 and how are they doing with them; in some form of a summary of that. We can talk more about that in 30 the introduction as well but I saw this on page 3, it was interesting -- I note that under review and 31 update, I read Don McDougall’s comments and I too was struck by that. That why isn’t there something 32 more consistent or more regular and I suggest the annual and posted. The other thing was that I thought 33 that the last time – well, one other thing about the writing. In the first paragraph of the Implementation 34 Plan where it says the City has identified a list of implementation programs intended to provide – this is 35 basically a restatement of the first green paragraph I think and I wondered if that was necessary? It 36 seemed like we could just edit that out unless there was a reason for restating it twice. The second thing 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 5 of 46 is, I guess I was interested just in hearing – it says that in the green paragraph, it says the Palo Alto’s 1 budget process and it will ultimately be – and it was ‘the’ and then it was changed to ‘a’. I’m curious, I 2 think ‘the’ has more power or more significant and I was wondering why it was changed. I – in light of 3 that, I would like to hear the argument but without a convincing argument, I think it should stay ‘the’ 4 (inaudible) to even give it some added heft. Next thing as just a question for me, last time we talked 5 about – I think we were going to get an email with links to all the most current versions of the parts of 6 the plan, weren’t me? I don’t remember – did you send that out? Then I missed that, ok. What’s that? 7 Female: It’s in the Staff report. 8 Alex Van Riesen: The one that we were emailed? 9 Joanna Jansen: Right. It’s – with that – the table the came with the links is Attachment C in the Staff 10 report. If you go to the link that’s here… 11 Alex Van Riesen: Oh ok. 12 Joanna Jansen: …that table that’s linked to it, will have the links to the elements in it. 13 Alex Van Riesen: Got it. Thank you. Ok, that’s it. 14 Co-Chair Keller: Thank you. Annette. 15 Annette Glanckopf: Well, I don’t disagree with anything that has been said so far and actually Bonnie, 16 you’ll be very happy to know that I agree with you on a number of points that you’ve written. I’m not 17 sure about what you’re going to do with this whole section and this dot matrix concept. I am not a 18 supporter of that, haven’t been, won’t be for the reasons I stated in the letter I wrote. I feel very 19 uncomfortable for any vote to be taken forward to the City Council. When I looked at what you’ve got 20 here, I mean I still think each element show stand alone. If you want to prioritize, prioritize with 21 elements. It’s not clear to me why and maybe there is a great reason but why community services and 22 businesses are lumped together, for example. Then everything else is lumped into another category. I 23 don’t agree with what came out like shop Palo Alto, which I was involved with a number of years ago 24 and I could talk chapters about that. I don’t think it should be a high priority nor really analyzing the 25 trends of online shopping with every other crisis that’s happening in the City. That’s my own personal 26 view on that. I also think it was really fascinating when you look at it, it’s just a matter of numbers. You 27 know, Don did a great job of figuring out how many numbers wherein each category and how many 28 were ongoing etc. but I looked at it -- since these things are all sort of lumped together, I’m not sure 29 where we are going with the priorities but in the document that we had -- police had eight programs, 30 OES, and fire both had fourteen, utilities had thirty-one and Public Works had seventy-one. I didn’t even 31 begin to count community services, transportation or planning. None of those were a priority. I mean 32 they are all critical departments and that’s why I think that I agree with what Alex said. That maybe we 33 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 6 of 46 should think more about departments and the interchange and again, I’m more for prioritizing each 1 element as opposed to just lumping everything together with this dot process, which maybe some of the 2 things came out which are great and we would all agree on. I think there’s a lot of darts that we can 3 actually throw in there and just reading Bonnie’s note, I agree with what she said in her letter. I don’t 4 know where those priorities came from in this section. Maybe you could talk to that? 5 Co-Chair Keller: Thank you. Bonnie. Oh, you want a – do you want a response to that? 6 Annette Glanckopf: It would be nice to know. (Inaudible) Excuse me. It would be nice to know where 7 the priorities came from but also, what you’re going to do with this dot matrix as far as taking it to 8 Council? 9 Elaine Costello: Well, we don’t plan to take the dot matrix to Council. We – what we did, was we took 10 the highest scoring ones, ones that got more than half the available points and made sure that they 11 were in the ‘S’ Category; short term. That’s all we did, so if you look at the chart that’s in the Staff 12 report. If something is highlighted as ‘M’ and it got – and it made this chart because it got a lot of dots 13 from the members, it went from ‘M’ to ‘S’. That’s all we’re going to do. We’re not going to do anything 14 else with it. 15 Annette Glanckopf: (Inaudible) 16 Elaine Costello: The Council is not going to get – we’re not going to go any further. We just used it as a 17 way to refine. To make sure that the things that were important to the most people and none of them 18 were important to everybody, show up in the Short-Term Category and that’s it. That’s all we used it for. 19 It just changed a couple of priorities from ‘M’ to ‘S’, that’s all. 20 Co-Chair Keller: Thank you. Bonnie. 21 Bonnie Packer: Again, thanks for the food and it’s nice to know that we agree on things. One of the 22 things that I mentioned in my comments was that I noticed is that in the line version of the – this table 23 with the implementation table, had a link to the elements but the one that you’re going to send forward 24 doesn’t have those – doesn’t have the link to the elements in it. That might have been an administrative 25 oversight of some sort. 26 Elaine Costello: We’ll link it to the element that it was used to prioritize. 27 Bonnie Packer: Yeah, but the – it didn’t have the links in the version that we have. 28 Elaine Costello: You mean the hard copy version that you have? 29 Bonnie Packer: Yeah, I didn’t… 30 Elaine Costello: Yeah, yeah. 31 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 7 of 46 Joanna Jansen: The hard copy version is really the intent… 1 Bonnie Packer: Yeah, but it doesn’t show up on the… 2 Joanna Jansen: …was to try to… 3 Bonnie Packer: … it doesn’t show up in the – on the online copy either; the links, in this version. 4 Anyway, you’ll figure it out. 5 Elaine Costello: Right. 6 Bonnie Packer: Ok. The other thing – talking about how many programs there wherein each element 7 and all in ranking and all that. One of the things that are really missing is that there are a number of 8 policies that don’t have very many programs or any and those policies, in this implementation plan, the 9 way – since you’re only – you only have programs. Those policies will get lost and a lot of those policies 10 are pretty important. In the Business Element, there is a number of policies without programs. The 11 Governance Element had policies that don’t have – this whole thing about not including the policies 12 somehow in this document, again, it just makes it an imperfect document. The other recommendation I 13 have, which is in line with what Ellen and Alex were saying. Is that maybe another way to monitor the 14 progress of these programs is to link to the department’s work plans and to see if these programs – to 15 what extent they are actually in the work plan. The work plan, I guess is driven by the budget and there’s 16 a lot of things that go into developing the work plans of each department. Based on what the City 17 manager decides to do with the City’s money. That would be something for people to see. Well, has the 18 City Council allocated funds for this particular program and is it in this department’s work plan and are 19 they working on it? If it’s to be determined, then that’s in there too but that would be one way to do it. 20 You know with modern technology, this linking is a great way to do with without creating a lot of paper. 21 That’s what I would suggest and the other point is that – oh, just a – things are always ongoing and last 22 night, though they never got to it, is the Transit Vision Plan or the Shuttle Vision Plan that is now out. I 23 thought it was a great report, I read it and it was great. That would be great to have that referenced in 24 that – it was one of those. Was it T-1.14.1, that talks about expanding the shuttle? I would recommend 25 putting that into the next version of the Transportation Element that goes to Council because they have 26 that study now to look at. They may be looking at it before or after they do the Transportation Element. 27 Elaine Costello: Can I just clarify that? Yeah, that’s a very – a really good point. One of the things that 28 you’re going to see when you see the programs and the policies that go to Council is that we did go – 29 this is kind of a constantly changing set of policies and programs. We’re working with the CAC, we’re 30 also working with the Council and we’re also getting updates from Staff, like hey, this is actually – don’t 31 write it as doing this later. It’s underway now so we’ve actually tried – we’ve working really hard with 32 transportation actually. They’ve been great about giving updates because you guys haven’t reviewed 33 these since last year – it’s been a year and a lot has happened in a year. You will see changes like that. 34 You’ll see – so the word – don’t get to (inaudible) to the wording of the any of these programs because 35 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 8 of 46 they have been updated and consolidated and reflect Council direction. What we tried to do was give 1 you – we tried to pick a still point in a turning world and say, prioritize these so yes, we’ve already – 2 we’ve caught that going forward. 3 Co-Chair Keller: Thank you. Shani. 4 Shani Kleinhaus: Some of the programs in here I’ve commented on before on mistakes and they 5 haven’t been fixed. I know with – those things would just move forward with mistakes in them. I just 6 (inaudible) one of them was from Phil (inaudible) that corrected the language to (inaudible) but there 7 are others. There are other things that I thought we’d reached consensus and it’s not reflected in here 8 so there are things that seem to have never been changed, even though there was a lot of discussions. 9 I’m not comfortable with this. I mentioned – I can’t always sit and write things so when we come here, I 10 mention them. L-3.2.1, the language is (inaudible) proposed in 1/03/17 Staff report said pursue did not 11 specify mechanism; that’s the program. Obviously, that’s a mistake. I commented on this before. I don’t 12 know what to do with this. I’m not comfortable moving forward something that has mistakes in it and 13 things that we’ve discussed and just didn’t make it in. 14 Elaine Costello: I think one of the issues here and there may be some things that people wanted that 15 other people didn’t want or whatever but in the language in these programs, in order to say here is – 16 this – we linked you to what version we used. There have been updates since then that picked up some 17 of the comments and some of the changes so there are later versions. Particularly, of land use – in 18 particular, there are later – several later versions of land use and there are later versions of 19 transportation. 20 Shani Kleinhaus: So, what we look at here is not the current version? 21 Elaine Costello: It’s not the current version. It’s a version – it’s because all you’re being asked to do here, 22 it’s not to review the wording or – it’s to prioritize among the programs conceptually. So, you’re not 23 being asked if this is exactly the program language you would use. You’re just being asked relative to all 24 of these different, how – what would you think is the most important to do right away? 25 Shani Kleinhaus: With language that is not current. 26 Elaine Costello: With language that has – may have changed since then, yes. 27 Shani Kleinhaus: I have a problem working like that. I need to know what I’m voting for and what I’m 28 looking at. There is L-1.12.3, so many times we asked not to look at residential in a community center. 29 It’s still in here and I don’t know if that moves forward or not? It’s just – I don’t know. Other things, I 30 think a lot of the people who came here to speak about the people with disabilities and were looking for 31 more support. There’s only one program that really addresses them directly that I can see but I may 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 9 of 46 have missed some. It’s not a high priority, it doesn’t have an ‘S’, it has a medium so I don’t know. I’m not 1 comfortable looking at something that’s not current. 2 Co-Chair Keller: Thank you. Stephen. 3 Stephen Levy: On the priorities statement in there, I share Annette’s concern. I would suggest kind of 4 the follow language, which I think is reflective of what goes on under priorities. Which is that each year 5 the City Council sets priorities at their annual retreat and in 2017, the priorities are. They aren’t these 6 but this is a living continuous document and as far as I know, there are no 15-year City priorities. The 7 priority process is an annual process that the Council does at the retreat so there will be different 8 priorities next year and this document in 2017, should reflect the actual language that the retreat 9 adopted for the 2017 priorities. This section says, as of 2017 the priorities are and that’s wrong. These 10 are not the priorities that were adopted at the retreat. The second is a question to Elaine. You sent an 11 email out saying, I received a bunch of suggestions for consolidating or reorganizing the programs. Do 12 you have anymore and I see nothing in here that suggests whether if any of that was done or what the 13 result was? 14 Elaine Costello: I realize that this is one of the problems of working with the CAC and the Council at the 15 same time. Trying to get – I mean it’s what happens when – we had to get – we got the implementation 16 out to the subcommittee a couple of months ago and so we tried to stay with the same version so that 17 you weren’t always looking at a completely – that the CAC wasn’t always looking at a totally different 18 version every time. The subcommittee would prioritize one version and then the CAC would prioritize 19 another version so we stayed with the same version to set priorities. These are not the language – this is 20 the not the policy language or the program language. We’ve actually made revisions to respond to those 21 comments, which will be in what goes to Council. 22 Stephen Levy: So, this is not the Implementation Plan. This is what we did the dot exercise… 23 Elaine Costello: This is how you set the priorities. This is not – this is just so we know what you wanted 24 as your short-term priories, your medium, and your long term. As we combined programs in 25 consolidation, if it had been – if it got votes to be short term, it stayed short term but the language has 26 changed and we did not try – we figure that we had two kinds of potential confusion. One was every 27 time we came to a meeting, we gave you a totally different set and you went, what happened to the last 28 set? We figured at least keep it consistent and we’ve done that with every element and every plan. We 29 kept it consistent all the way through, from the subcommittee through and so we did the same thing 30 here. 31 Stephen Levy: So, back again, how about the priory point? These are not the retreat priorities and there 32 are, as far as I know, no living 15-year priorities. It’s in an annual process that changes with the Council 33 so why shouldn’t we say, every year the Council picks them. They’re priorities and in 2017, the priorities 34 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 10 of 46 are and list the ones from the retreat. I still don’t see where these came from. They are not what was 1 adopted at the retreat. 2 Elaine Costello: Joanna is going to… 3 Joanna Jansen: The – I think part of the confusion arises because the word priorities are used in 4 different ways and certainly, I can see how that is confusing. This section agrees in the existing Comp. 5 Plan. In the Implementation Chapter, there is a section called priorities and so this is basically, our take 6 on kind of what we’ve heard throughout this process of what are the main things that have up over and 7 over again in drafting this version of the Comp. Plan. 8 Stephen Levy: Now, wait a minute. The City means the City Council. 9 Joanna Jansen: Yeah. 10 Stephen Levy: What you heard here is not the City’s priorities. It may be the CAC’s priorities but this 11 says the City’s priorities and there is an official document that is updated every year. 12 Joanna Jansen: Right. 13 Elaine Costello: Let me just try this one? 14 Joanna Jansen: Go ahead, yeah, please. 15 Elaine Costello: I think that’s a very good point Stephen and we should just go through and clarify that. 16 Stephen Levy: Ok. 17 Elaine Costello: That the Comp. Plan has had these kinds of priorities in it in the past. That we picked up 18 tradition but we should not confuse that with City priorities. So, we’ll just clean that up. Thank you. 19 Co-Chair Keller: I’m going to speak first and then I’m going to call on you because… 20 Female: (Inaudible) 21 Co-Chair Keller: Also, I’m going to respond that as well and then I’ll call on you. One of the things about 22 priorities is that the City Council’s annual priority setting, which usually rolls over for more than one 23 year, are not the long-term priorities. They are immediate [phonetics][fowsi] of the City in terms of 24 short term – we’re going to put a particular effort into these things. That’s to be distinguished from 25 long-term priorities that are going – ongoing processes of the City. I would not consider the City’s 26 Council one or two-year priorities setting process to be setting the priorities for the Comp. Plan. I think 27 that those are longer term things and I just want to make that distinguishing. Another thing is that, in 28 terms of something that Bonnie said, I agree with your frustration of looking at these programs in 29 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 11 of 46 isolation. I think that -- the way I look at this is that the home for the programs is actually in the 1 elements and this is why I am personally, very pleased that the programs were put back into the 2 elements where they can see them in context with the goals and policies and programs together. I see 3 the Implementation Plan as an index into the policies – sorry, the programs. You can see them at a 4 glance together and indicate some sort of relative priority setting that goes on. One of the things that 5 happen on the Planning Commission is that there’s an annual Capital Improvement Program process in 6 which the PTC looks at the various Comp. Plan – I mean the various capital improvement projects that 7 are recommended by Staff but there isn’t a proactive – as much as a proactive process. The PTC has 8 perennial leave – worried about – be frustrated with proactive processes opposed to reactive processes. 9 I see if the PTC were to be the – the PTC is really the keeper of the Comp. Plan from my point of view. If 10 the PTC were to have the annual process for reviewing all of the programs and seeing where they were 11 and making recommendations to the Council. Then deciding which – whether – where we were and 12 bubbling some of those up to be – this should be a CIP item where appropriate or this should be 13 budgeted; have a process where the PTC recommends that. I think that in some sense the 14 recommending body – obviously, it’s up to the Council but I think that would be a good use of the PTC to 15 evaluate that – to evaluate these programs on an annual cycle basis. I think that that would be a good 16 thing for the PTC do. It would be hard for the Council to do because it’s quite long and detailed. Bonnie? 17 Bonnie Packer: Yeah, I agree with what you are saying Arthur but I have another suggestion. What if we 18 just delete that section in the introduction that says priorities because it’s a moving target, as we all 19 realize. The Comp. Plan is a 15-20-year document; maybe 30-year because we’ll take another 15-years 20 for the next update. That we – because you could have – all of a sudden you could have sea level rise 21 emergency and the priorities for the next couple of years are dealing with that in 10-years let’s say. We 22 can’t – putting priorities – (inaudible) adoption of the plan in 2017 that these are the priorities but that 23 doesn’t really help anybody using this document to know what the priorities were in 2017. Just because 24 it was in the earlier Comp. Plan, that doesn’t mean we have to keep it in and you might want to explain 25 that in your – in the Staff report to the City Council when this is delivered to them. Thank you. Oh, 26 another thing, about the PTC being the keeper of the Comp. Plan and the review of the capital 27 improvement document, that’s only for capital projects. So, who was looking at all the other programs 28 that do not require capital budgeting? I really think that’s a City Manager job and I would imagine that 29 the City Council would want somebody in the City Manger’s Department looking at this Implementation 30 Plan as well. 31 Co-Chair Keller: I’m suggesting that the PTC have that role and just as it has the role for the CIP. It 32 should have the role for the programs to review them and provided a report on that status. Getting 33 input from the appropriate departments just as it does for the CIP. Alex? 34 Alex Van Riesen: (Inaudible) 35 Elaine Costello: It’s the City Council. 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 12 of 46 Alex Van Riesen: (Inaudible) Oh, sorry, my bad. I would allow – I would say to push this to the City 1 Council to decide whether to create a much more broad priority section where we anticipate these 2 being issues for the next 15-years. If they choose to do that or eliminate the section so that was my 3 thought on that. I wanted to add one additional comment to this and I want to get into this more with 4 the introduction but it seemed that one of the desires in all this; in governance and in connecting this is 5 bringing ownership and getting people involved. One of the things I realized being on this Committee I 6 had no idea we had a Comprehensive Plan. I mean if I thought about it, I would have known but I’ve 7 been thinking about that more and more. How do we get people connected to this and it just strikes me 8 that we’re going to need to think about, even in the introduction or even in governance, how do we – 9 how are we going to get people connected and concerned about what we’re doing here? I guess that’s 10 why I was suggesting that in these department evaluations, it struck me that that may be a place to 11 invite people to participate or to have some community volunteers to be a part of evaluating in an 12 ongoing basis the Comprehensive Plan versus just once every 15-years. That there’s some kind of 13 regular – I’m not saying that would necessarily solve the problem but how to have more regular contact 14 with the document rather than in such large chunks. 15 Co-Chair Keller: Thank you. Shani. 16 Shani Kleinhaus: (Inaudible) C-19.3 supports programs for caregivers of seniors and people with 17 disabilities and so on. It has medium and I think that would be really helpful to a lot of the people that 18 came to speak to us so I would like to see that become a higher priority than medium. The bird-safe 19 design, which is something that I have been advocating for. It has medium and it has two dollar signs 20 next to it. There are so many Cities around here that are already doing guidelines and there’s so much 21 available. It shouldn’t be too much work and it shouldn’t be more than one dollar sign and I think Palo 22 Alto should push it a little up since the City is already doing a lot of that through the grain building 23 design so might as well formulate it in a way that’s easier. I think I would like to see that one pushed to 24 sooner and less expensive. The one on caregivers for seniors and people with disabilities, a lot of people 25 who came here were exactly that. Thank you. 26 Co-Chair Keller: I’m going to interject a comment which is that the term relative priority is a misnomer 27 and I think I mentioned this last time; it’s really relative timing. Short term is not a priority, medium term 28 is not a priority, long term is not a priority, it’s a timing. Routine is not a priority, it’s a timing. If you 29 changed this category and this heading to relative timing, you would eliminate a lot of the concerns that 30 we have because the saying – the issue is you can’t do everything all at once and people understanding 31 phasing of things and timing of things. Just because it’s long term doesn’t mean it’s low priority and I 32 think if we made that change. It would be good to clarify that and I think that would help. Annette. 33 Annette Glanckopf: Well, to just react to that, I don’t know how you can express what the priorities are 34 but maybe in another column but I won’t get into that. I have three comments. I agree I don’t think the 35 priorities really add anything to this document. Even though there are carry overs from the last plan, for 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 13 of 46 all the reasons that have been stated, I think I would just like to suggest that they are eliminated. I think 1 that a – on a second topic. I think when you go back to the Council -- I’d like to pick up what Bonnie said. 2 If every department, when they did their work plan, had some sort of link – where they were required to 3 do a link to the Comp. Plan program, policies, etc., that would make what Bonnie said very easy. Now 4 when we come to Council to push whatever point we want, we always quote from the Comp. Plan. I 5 think it’s very doable but you have to sort of set the standard at the beginning of the year when people 6 are putting their work plans together so I would put that in as a suggestion to the Council and let them 7 decide what they would like to take forward. Finally, I’m going to mention this one last time but one of 8 my things that I’ve been very interested in is the Office of Business Development or whatever it’s called. 9 None of my changes have been reflected in the document and I think personally, it’s very much of a 10 policy decision as far as what the City wants this office to do. We have some very lofty statements, 11 which I don’t agree with the state – I don’t disagree with the statements because it’s all great to retain 12 small businesses. I don’t know how they’ve ever done that or help small businesses; especially the mom 13 and pop shops. If it’s – it’s great as a goal but it concerns me because that is not the direction of our City 14 in that office and so to me, the Comp. Plan is not in sync with the current policies of the City. So, that to 15 me, should be another question to the City Council and if they really want to do these lofty things, which 16 are great. I’m not at all disputing that or the wording but I think that they need to make a decision and 17 then really beef up that department and actually try to go out there and do the things that are in the 18 document. Especially, I don’t think – other than the Chamber, no City employee that I’ve seen is really 19 out there trying to help the small businesses and mom and pop stores. That’s the last time I’m going to 20 mention that but I feel really strongly about that. 21 Co-Chair Keller: Thank you. Dan. 22 Co-Chair Garber: I think priorities is better located actually in governance and I’ll speak more about that 23 when we get to governance. 24 Co-Chair Keller: Thank you. Ellen. Microphone. 25 Ellen Uhrbrock: This brings me back to the need for a smaller and readable summary there. I learned 26 early in my work here that not very many people even knew how to write any kind of an executive 27 summary. A few of us knew how to (inaudible) and we just can’t summarize things so what I would like 28 is a combination of the implementation and the Governance Chapter, is to have a start with thinking 29 about who’s going to read this and what do they need? What does the customer need? The first thing I 30 think they need – we need is who to call at City Hall? Whose department is this and I love the app that 31 the City has created called Palo Alto 311? I don’t think it’s used as much as it could be and something 32 similar that is about who to call. They ought to be the departments that you have in the governance 33 gala, plus the non-profits that are supported by the City. I’m thinking of Avenidas for example, which is 34 had a half a million-dollar support and the Palo Alto Players and so forth. Who to call and what is the 35 context, that’s section one. Then I’d like to take those twos tables, one and two, which I can’t find at the 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 14 of 46 moment but one and two and make it into one. The criteria of what would be in that one table in the 1 summary would be the routine things, the IP things, and the short-term things. In effect, what you’ve 2 got is a short-term executive summary of the plan; the Comprehensive Plan. Which will have changed 3 every year as the years go by and has to be updated on an annual. The annual progress report, I just 4 tossed the 0 from 100% of those that are on the table, would give you an idea that we are working on 5 that or we aren’t or -- it will help you. At a glance, you want to summarize where are we, what needs to 6 be done and who do I talk to and work on it. Then last of all, this follows a request I made at the very 7 first meeting of this organization is that you need a glossary. All of your phrases need to be translated to 8 the public so that they can read it. This has to be a readable publication wherever it is. I remember one 9 night here I asked who reads and who uses the Comp. Plan? Only one of you responded and that was 10 Dan and so you’ve got to have people to be interested and read it and give them information that the 11 public wants. 12 Co-Chair Keller: Thank you. Lisa. 13 Lisa Peschcke-Koedt: Just an overall comment. Actually, along with the lines that you said, Arthur. I 14 think if we were – whatever goes to the Council, I think that one column that we’ve been calling priority 15 really should be the relative timing because that’s what we’re talking about. We’ve all said everything in 16 there we still think is a priority to do. A question though, going to the other comments is -- I know we’re 17 near the end of our CAC but would it be helpful whether it’s partly from the dot exercise, even though 18 it’s not perfect or something else that we’ve done to say, of all these things we think we really should do 19 these first and I think is where you are going with the timing but they’re not quite the same thing so it’s 20 like what’s the highest priority? We talked about that last time about how do we determine out of all 21 the things we think we should? To your point, in each element there’s something that we think is most 22 important and how do we do those first? Not to take the others off the list but just to do them first but I 23 don’t think that’s captured in the relative timing and we haven’t really done that. It goes back to that 24 kind of high, medium, low understanding that even low is still stuff we think we should do because it’s 25 something we put in the plan. I am curious – the first point is that I agree with you on the column of 26 what we have now but then the open question is, is there something more that we should do to help 27 the Council? Just to say that we think in each element these are the more important to do first. 28 Co-Chair Keller: Thank you. Amy. 29 Amy Sung: I actually this the programs being each on their own very much. I remember from early on 30 that my understanding is that policies are a guideline and that what gets implemented is the programs 31 themselves. I have a list of programs – instead of going through the whole book, finding out – teasing 32 out every program, I think this is very, very useful menu to have. As far as those policies that do not 33 have a program associated with it, my understanding is that those are the policies that are important 34 and programs will be developed over time. So, with the policies there, somebody will look at them and 35 say huh, we need to have a program to carry out this policy. This is really a very live document and so 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 15 of 46 maybe you will also have to separate the policies so that you can use this like a manual in many ways. 1 You can go from programs to see how they – any programs that you can use that are currently being 2 carried out or that you can look up policies and say I have such and such ideas. Which policy is applicable 3 and from there, what programs can be developed? This is how I looked at it. This Comp. Plan will be 4 used and it’s not leisure reading that everybody will read from like a whole book and chapter after 5 chapter. This is how I imagined that we would excel and then we will sort the data according to what is 6 the needs. With this one, I think that it could be carried out. The – I was wondering about the priorities. 7 When I first wrote – I wanted to thank you very much that at the end of every page it says if it’s short or 8 medium. Often times when I read the document I’m thinking my god, last time I read it, it was a week 9 ago and what does IP stand for? I think this is fantastic. We need to have a glossary at the end but this 10 kind of a quick reminder is super, super helpful so thank you so much for that. The other thing is a 11 priority. I think maybe we do not mean that it is a priority in terms of what Council terms as a priority. 12 For example, we spent a huge amount of energy and time devoting in transportation and that – what 13 that TMA? That management program? That was deemed very important so it is not -- maybe the 14 priority is not the right way to say that this is what we have deemed very, very important and has a 15 really, really high priority stake that needs to be paid special attention from there on and that it’s 16 ongoing and so that is that. One last thing is that I wanted to respond to Annette’s comment about 17 business. In the business subcommittee, the Chamber was there and we also had different 18 representatives from the Chamber of Commerce that attended our meeting. It was very, very important 19 that they started out by saying that no business will start – open their shop and start the business by 20 thinking that I have planned to stay small and that my goal for the business is just so that serves the 21 neighborhood as the goal. That was really important for us to understand that every business seeks to 22 excel and expand and that is how they major the success so for a business to be thriving, I think it’s very 23 important that businesses pay for a lot of the services that the City provides. We want to support all 24 levels of business that is operating here in Palo Alto and I must say that serving on the business 25 subcommittee was one of my most enjoyable moments. Thank you. 26 Co-Chair Keller: Thank you. Bonnie, do you want to say anything else? 27 Bonnie Packer: Yeah, this has been a great discussion and I just was rereading the introduction to the 28 Implementation Plan and looking at it and I think we’ve got it. You might want to call it – instead of 29 relative priority in the introduction, call it timing priority but everything that is an ‘S’ is a high priority 30 because it’s going to start within 5-years. Maybe that could be clarified more explicitly in the 31 introduction and then because – I don’t know if this is an excel spreadsheet or not but then you sort all 32 the S’s and say hey, did we start this yet? Next year, the City Manager or the Planning and 33 Transportation Commission could say hey, we have all these items. Did they get started because they 34 were all ‘S’s and I would think that every couple of years or however you want to do it, this column – 35 this priority column in the table could be the ongoing organic thing that keeps moving forward. Well, 36 this -- the S’s maybe by next year will turn into IPs and the M’s may in a couple years be in the ‘S’ thing 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 16 of 46 because it’s within 5-years of that date. That would be a nice – it will be a rolling document and maybe 1 that could be spelled out more in the implementation. I just thank everybody for their ideas because 2 that’s how this discussion generated this idea. Thank you. 3 Co-Chair Keller: Thank you, Bonnie. Do you want… 4 Elaine Costello: Can I just…. 5 Co-Chair Keller: Go ahead. 6 Elaine Costello: …. make one comment? I just wanted to say that as I listen to people, I think the relative 7 timing is clearer than the relative priority because I see the difference now and I see where the 8 confusion comes around when you call it a priority. You think well, what about the Council’s priorities 9 and then you realize well, really what we’re talking about is in the Comp. Plan, these are the relative. We 10 are going to make that change so thanks. I just want to... 11 Co-Chair Keller: Thank you. Alex. 12 Alex Van Riesen: This is just a very quick thing. I noticed – I don’t know what the – how the tables will be 13 used that wherein the Staff notes but in table one, I noticed that L-4.8.1 was labeled as a two but it 14 actually only had eleven dots so it’s actually technically a three. I didn’t know if that’s going to be 15 reproduced. It doesn’t sound like this is a public table; it’s just for us. So, for what it’s worth. 16 Co-Chair Keller: Thank you. I’d like to – anybody else want to talk? I’m going to say a few things 17 afterward. Ok. A couple things. First of all, I’m glad Bonnie talked about excel download because that 18 was of the things on my list here to talk about and I think that your suggestions on how to do it are great 19 and I totally support that. The second thing is that there are comments that we’ve been struggling with 20 the idea of important and I want to make a distinction that a lot of us who’ve done project management 21 understand. That is the distinction between the urgent and the important. Sometimes you do the urgent 22 first even though it’s not important because it’s time critical and that’s why I think that the idea of 23 incorporating priority into timing is kind of muddy. That’s why I think it’s best to think of it as relative 24 timing as Staff as agreed – as Elaine agreed to do but I think that the priorities are really – in terms of 25 what Stephen had talked about, as an annual priority setting where things might bubble up and even 26 within short or medium term, those things are prioritized and chosen to – on an annual basis, which 27 ones you decide to commence for various reasons. For example, I would say -- just to make a distinction 28 here, I would say that California Avenue concept as a coordinated area plan is important. I would say the 29 Fry’s Electronics concept area plan is urgent. Just to make a distinction between that to illustrate that as 30 an example because I think that when – if the lease is up in 2019 if we don’t do a coordinated area plan 31 for Fry’s, it’s lost is shelf life, you know? It’s not going to be useful for effecting what happens to that site 32 if we don’t do it right away and I sure hope that as the Comp. Plan is put to bed. That the City Council 33 immediately does not pass go, does not collect $200 but immediately does the – start—commences the 34 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 17 of 46 Comp. – the (inaudible) area plan for Fry’s. The last thing is that I think it would be helpful -- I think 1 we’ve sort of dances around this and Staff should correct me if I’m wrong but this is my interpretation of 2 what the approval process for this is. I think this is illustrative and I’m sure that Staff will correct me 3 because I’m going to make mistakes but in some sense, what we have here is that we have been 4 generating – our job has been to generate the Comp. Plan changes, ok? It’s been a moving target 5 because this has been reviewed by Staff, reviewed by the City Council and so there are all kinds of things 6 in the process, in flight and thing are changing. When you look at something, the question is what’s the 7 image of what you’re looking at? You’re looking at one version of one document and one version of 8 another document so there certainly is a consistency issue that we’ve been dealing with. Staff is going to 9 have to make everything consistent in order to be able to give it to the PTC. PTC is going to see a 10 consistent view of the world and so it’s been cleaned up from that because, in some sense, the PTC is 11 generally the keeper of the Comp. Plan. They are the ones who adopt – who recommend adoption of 12 Comp. Plans, recommend the adoption of Comp. Plan changes and things like that. We’re in some sense 13 being the author of it and the PTC is recommending it. They are going to do a review process and then 14 it’s going to go to Council and by the time that happens it will be in rest in that sense. It will all be 15 completely consistent and published. Now, the interesting thing is that the consistency is a – it will be 16 consistent only when it’s published. It won’t be consistent after that. 17 Co-Chair Garber: It will be more consistent than it is today. 18 Co-Chair Keller: Yes, but the issue is that the consistency will occur at the time it’s published and the day 19 that it’s published because once changes happen to it, it will diverge. The excel spreadsheet will – 20 programs will diverge as things change; as the land use things change. There’s are a bunch of changes 21 that happen as amendments that happen to the Comp. Plan and that will evolve and therefore, it will 22 again, diverge again. One of the things that I want to talk about next time is the understanding of what 23 we learned from this process as to what we should recommend for the 2030 Comp. Plan; it starts in 24 2030. That start -- that goes into effect there because after all, the last Comp. Plan started in 1992. It 25 started in 1992 and the process from 1992-1998 with the citizen group starting from the beginning 26 doing revision and then what happened is it went to the PTC and then Council. In this case, it went to 27 the PTC first. The PTC did its work, the Council was not reviewing that in a timely manner and then the 28 process was kicked over to the public and then back to the PTC for a very brief review so that’s sort of a 29 different process. I think we need to understand better so we can recommend saying, here’s the time 30 capsule of what you should do in 2025 in order to start the Comp. Plan process again. If Staff would like 31 to comment upon what I said and correct it if I’m wrong? 32 Elaine Costello: (Inaudible) 33 Co-Chair Keller: Ok, great. Yes, Alex? 34 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 18 of 46 Alex Van Riesen: Can I just follow up on that? Is it possible – I think I really want to echo that I think the 1 conversation about what did we learn in this process is essential; it’s great. The summary you just gave 2 about comparing how the first round went with this, is there any way that could be written up? 3 Co-Chair Keller: I think that’s what – part of we’ll do at the next meeting is… 4 Alex Van Riesen: That was very helpful to hear. I would like to have to think about. 5 Co-Chair Keller: Yes, part – I’m not sure – well, we’ll have the minutes of the meeting but the issue is 6 that part of what we’ll do at the last meeting is lessons learned, which is it what should be read – I think 7 that should be opened up in 2024-2025 and figure out what to do when the Comp. Plan cycle starts 8 again. 9 Alex Van Riesen: Right. I just want to read the historical process again. 10 Co-Chair Garber: (Inaudible) In the introduction there is a very brief… 11 Alex Van Riesen: Oh, ok. 12 Co-Chair Garber: … outline without the details that Arthur’s included. 13 Alex Van Riesen: That we’re going to talk – oh ok. 14 Co-Chair Garber: But I – you know, it can be done. 15 Alex Van Riesen: Ok, it caught my eye. 16 Co-Chair Keller: Ok. So, thank you. I will entertain a motion on what to do about the Implementation 17 Chapter? 18 MOTION 19 Co-Chair Garber: I will move that we move the Implementation Chapter forward as Staff has drafted it 20 with the – in the end to be amended by the comments that we have given Staff this evening. 21 Female: Second. 22 Co-Chair Keller: Any discussion? I think we’ve had enough. 23 Co-Chair Garber: I have nothing more to add. 24 Co-Chair Keller: Ok. All in favor, please raise your hand. 25 Co-Chair Garber: That’s unanimous. 26 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 19 of 46 Co-Chair Keller: All opposed? All abstentions? We have one abstention. 1 MOTION PASSINGS 10-0-1 2 Co-Chair Keller: Ok, great. Why don’t we take a 5-minute stretch break and then we’ll come back and do 3 the Governance Chapter? 4 2. Action: Governance Chapter/Introduction/Cover and Glossary 5 Co-Chair Keller: Ok, so, what we’re dealing with now is the Governance Chapter and I think what we’ll 6 do is – we will go around the room and Dan wishes to start us off. 7 Co-Chair Garber: So, a couple of comments, very generally and this is not a criticism as much as an 8 observation. Perhaps I will start it off by mentioning that in the 1960’s, for about 8 or 9-years, my 9 mother was involved with the League of Women Voters in the State of Illinois and she was one of the 10 editors of the State of Illinois voter’s handbook. This chapter of governance reminds me of a lot of that 11 work. Where it’s describing the elements of the (inaudible) and how they interact and work with each 12 other. I actually had a slightly different expectation about how this chapter might be formed, which was 13 less about the governance of the City and more about the governance of the Comp. Plan in the City. To 14 that end, there is a subtle difference about what it is the chapter and what it’s attempting to do. I would 15 – it occurs to me that one of the most important things that this chapter could do would be to create a 16 schedule of activities that are designed – that outlines what is required by the City Council, by the PTC 17 and the other departments to govern and implement the Comprehensive Plan annually, every 2-years, 18 every 5-years, every 10-years. That schedule lays out the deliverables that the Comp. – that – for 19 instance, the City Council needs to do, which would include they do they're prior – their off-site every 20 year that includes the priority settings. They would also then look at the Comp. Plan and the programs 21 and say, uh ha. Here’s the new set of programs that we should be focusing on. Have we done this, have 22 we not, etc. Then that schedule would then also show that presumably, the PTC would have worked on 23 these things or really to tease these things out of the Comp. plan for the Council to then act on their 24 recommendations or alternatives that they would bring to the Council to work through. Then, 25 presumably, the other responsibilities of the departments would be that you would be able to see how 26 they also interact. Again, potentially annually, every 5-years, every 10-years or however we want to slice 27 and dice that up. Those are two very general comments about the entire chapter. The other thing is that 28 in terms of what are the overall levers, mechanisms, tools, that the City needs to make sure that the 29 Comp. Plan is implemented and works. I was really searching for in the policies and programs what the 30 specific resources where that were – that had responsibilities to be assigned to this. So, I’m echoing 31 Annette’s comments about the Office of Business Development and how critical that is to actually cause 32 the Comprehensive Plan to have traction in our community. Presumably, a large part of the mission of a 33 business developer is going to be called out in the Comp. Plan. Now they are going to have other 34 responsibilities that have nothing to do with the Comp. Plan but presumably, they’re going to have a 35 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 20 of 46 large responsibility there. If you recall when we first started these conversations a year and a half ago 1 and I cannot remember if it was the first meeting or the second or the third but there was also a 2 conversation around a function in the City that doesn’t exist, which was somebody that takes 3 responsibility for all the data that needs to be collected and published. We are looking in a way that we 4 have never done before as a City and that is to base a lot of the decisions – a lot of decisions around 5 data and that data is distributed in any number of different parts of the City and it exists – we’re looking 6 for it in places where it doesn’t exist today and it needs to exist. In order for it to really have function 7 context and meaning and import to moving the concept of the Comp. Plan forward, I believe that it’s 8 important that there is somebody that is actually assigned to that. In much the same way that the 9 auditor is assigned to track that sort of information but the auditor’s looking at that information from 10 the rear and we’re looking for somebody that is – whose responsibility or maybe I’m talking about a 11 person here but it may be an office or it may be something but it needs to be a dedicated resource that 12 recognizes that it’s their responsibility to go out and pull all that information so that it's (inaudible) and 13 guiding the effort of the Comp. Plan in general. Again, three very general sort of comments that I will 14 offer in terms of starting the conversation off. 15 Co-Chair Keller: Thank you. I would hope that the topic of making information available, if it’s not 16 already, the part of the job of our Chief Information Officer Jonathan Reichental, then may it should be. 17 Also, I’m wondering whether the issues of the things you don’t get (inaudible) how the Comp. Plan gets 18 implemented, maybe that belongs in the Implementation Plan. That’s what the title is. Anyway, why 19 don’t we start with Bonnie? 20 Bonnie Packer: Ok, I submitted some comments which probably none of you had the chance to read but 21 my main point that I wanted – that I think – the introduction to this, the narrative and the section on 22 civic and neighborhood organization could be expanded to be a lot broader. To include all kinds of non-23 profit, private organizations, in the City that do a lot of good stuff and that was what my comments are 24 about. The phrase that I’m suggesting is that we add in a number of places is private, non-profit, civic, 25 environmental, cultural and social service organization but also other places to say civic, environmental, 26 cultural, neighborhood and social service organizations. In different places and that’s all spelled out or 27 suggested changes to goals and policies and under goal G-2. The reason is because these organizations 28 exist and work a lot with the City and I listed some that I just thought up yesterday but there’s probably 29 a lot more. Avenidas, Palo Alto Community Child Care, the YMCA, YCS, ACS, Kiwanis, Rotatory, Canopy, 30 Altera, Red Cross, the PTAs, Neighbors Abroad, the different youth sports organizations, the Women’s 31 Club, The League of Women Voters, Palo Alto Forward, Palo Alto Community Foundation, Friends of the 32 Palo Alto Library, Palo Alto Chamber of Commerce, The Environmental Volunteers and of course, the 33 Neighborhood Associations; to name just a few. You know, there are others but I think these are the 34 organizations that if the City wants to work with and inform citizens, these clubs where people meet and 35 come together for various purposes is a great avenue for the City to reach. I want to give just a short 36 historical perspective. Back in the early 90’s, remember that the City wanted to hold some event and – 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 21 of 46 for the citizens and they only notified the Neighborhood Associations. Well, where I live, there was no 1 Neighborhood Associations so that whole neighborhood in south Palo Alto didn’t know about this event 2 so, me and a couple friends formed a Neighborhood Associations so we could get the notices. Those 3 were the days before the internet before there was a better way to communicate with the populous so 4 to speak. That’s why I think we have to think beyond just Neighborhood Associations because 5 Neighborhood Associations do great things but they’re not necessarily representative of the whole 6 neighborhood because everybody has different opinions about things but these different interest’s 7 groups, service groups, volunteer groups, have a lot to offer and it’s a two-way street. That’s why I 8 would add that –add the language – I was just adding the language that’s in the memo I submitted. The 9 other thing is to – under policy – add a program under, I think Policy G-2.3, to facilitate the easy 10 availability of City facilities to these organizations. Make it easier for them to rent and perhaps offer – 11 there is a discounted fee for non-profits but maybe it could be more discounted because space – 12 meeting places are always hard to get. So, those are my thoughts on that and in response to Dan’s 13 comments, I think those are some good ideas. I don’t disagree but maybe they belong in the 14 implementation – the first part in the Implementation Chapter. Thank you, bye. 15 Co-Chair Keller: Thank you. Amy. 16 Amy Sung: Can I come back later. I’m still reading my – forming my thoughts. 17 Co-Chair Keller: Sure. Lisa. 18 Lisa Peschcke-Koedt: I didn’t have anything to add to the whole governance. I do agree with Bonnie’s 19 point on adding the other associations because I think that’s a key part of the community so I agree with 20 it. I actually had my card up earlier just for one question for next meeting, which was more of a curiosity 21 but I think it might take a little advance notice on it. Remember at the very beginning we had a – I think 22 she was an Associate Professor at Stanford from Finland or something like that. They were doing – they 23 were involved in the very beginning of doing this Citizens Advisory Group. I’d be very curious kind of 24 what if anything we’ve learned from that and is this something that can be used elsewhere, which goes 25 to the lessons learned and that discussion so I just want to raise it before we are done. Thank you. 26 Co-Chair Keller: Thank you. Annette. 27 Annette Glanckopf: I have quite a few comments. First of all, I agree with Bonnie on some of the points 28 that she made and I do think that we are missing a lot of these other organizations. One area that I think 29 we’re missing them is that when the Website Design Committee came together, one of the 30 recommendations for this Committee was that the City reference all of these organizations and make 31 links from the City’s site to these external places; that’s never happened. Some of the text in here talks 32 about connections to the City. Continue to provide information to the City’s website about the 33 neighborhood and civic organizations, that has really never been done so I think it’s a good idea. I think 34 that all of these organizations should be part of the process. They should be communicated with and 35 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 22 of 46 they should be connected to on the City’s website so I agree with that. Starting at the top – but I don’t 1 think that the City needs and can treat all of these organizations in the same way. I’ll just give you one 2 example and then I’ll go back through some of my prepared comments. Neighborhood organizations or 3 other non-profits, let’s say the Boy Scouts of America or – ok, how do we turn that on? Maybe a better 4 example might be neighborhoods and rotary or Kwanis. Some of these organizations are informal, some 5 of them are 501C3s, some of them are pacts and so I think they’re – while I think it’s critical that the 6 word get out and we connect to everyone and inform them as Bonnie said. I don’t think the City can and 7 should treat them the same way. Going back to what I started with, in program 1 – G-1.2.1, continue use 8 of neighborhood organizations. That does not make any sense. Continue the use of neighborhood 9 organizations so this could be continued communication with neighborhood organizations and then we 10 could list all of the organizations that Bonnie suggested and I think that would be good but the wording 11 there is very, very awkward. In the next goal, G-2 policy G-2.1, again, that really does concern me as 12 well. I mentioned that there are no places currently on the City’s website that refers to any of these 13 outside agencies. The topics that you have highlighted here and maybe it’s a carry-over from the last 14 Comp. Plan, I think are limiting. Neighborhood beautification, we haven’t done anything with that for 15 years. This has never been a priority. I can never remember any action by the City in mid-town. We’ve 16 left off lots of things that could be included like public arts, public bathrooms, dog parks, signage, urban 17 blight, so there’s a lot of things that the City can do but the ones that are listed, I think it’s really a short 18 list. Event planning, the City is going to provide information on how to plan events. Where did I find 19 that? I thought that was really very strange. They’ve never done that either. If the intent of this term 20 was to schedule rooms to help neighborhoods or other organizations schedule rooms, then that should 21 be stated as such. Then there’s this whole thing about – I can’t just find it right immediately. Maybe I – 22 about guidelines for establishing and managing neighborhood organizations. You know again, I had it 23 and I’ve lost it. I guess it’s policy G-2.1. We had a huge discussion – the neighborhoods had a huge 24 discussion with Council about this. The resolution was that neighborhoods were responsible for dividing 25 – defining what a neighborhood was, what their boundaries were, etc. This has already been discussed 26 by City Council. The City – matter of fact, I – this really upsets me to think that the City is going to be 27 establishing guidelines for neighborhoods. Again, that was a big point of contention and there should 28 not be any guidelines. The two things that were worked out with the City on this whole topic because it 29 was a Council item, is number one and I would like to see this as a program, continue to hold regular 30 town hall meetings with neighborhoods. Again, it can be done with – that’s not – that’s very partisan. 31 That has nothing to do with one side or the other but I don’t think communication to all stakeholders in 32 the City should be communicated for these town halls. I think to continue to hold regular town hall 33 meetings with neighborhoods should be a program. The second one that I have here was support 34 Neighborhood Associations by allowing them period – periodic, it should be – use of public meeting 35 rooms. That was the other thing that the Council had worked on. Again, I put the point of distinction 36 that I think the Council should be helping, for example, rotary, find meeting rooms or some of these 37 other 501C3s or the Boy Scouts etc. This was already discussed by Council and I think we should codify 38 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 23 of 46 those; It’s two simple programs. Policy G-2.2, I think we can beef this one up. Establish and enhance 1 two-way communication between City Staff and neighborhood groups and again, I would be very happy 2 to add all the ones that Bonnie said that where feasible. Actually, right now with technology, this is very, 3 very easy to do. You can sign up – any group can sign up for almost any department’s information links 4 so I would like to see either removing this or enhancing it in a way because right now, I can’t imagine 5 anyone that wants to be connected is not getting multiple emails from every department. Again, I think 6 that needs to be reworking – reworded. The last one on this one is program G-2.2.1, assist neighbors – 7 residences with neighborhood improvements. Again, I’m not really – again, that’s a very small list. 8 Beautification and planting projects, again, I’m not sure what the City has done to help residents with 9 neighborhood improvements. Maybe if we were a blighted City, that would make a lot of sense. Canopy 10 has been phenomenal. They are really the ones that come out and help plant trees etc. and it’s usually 11 an individual effort though; it’s not a neighborhood. I would like to see that policy removed because 12 again, there’s public arts, dog parks, noise, urban blight, leaf blowers, code enforcement. There’s a 13 whole bunch of things that you could add that the City should be working with neighborhoods on, not 14 just beautification and planting. I know that’s a lot of time and effort but I’ve been very involved in this 15 topic and there is already been some precedence so thank you. 16 Co-Chair Keller: Thank you, Annette. Len. 17 Len Filppu: Yes, thanks. The first comment I have is on page G-2 and it’s about the copy. It’s not the 18 programs or the policies but it’s an important opportunity. In the very first paragraph, the second 19 sentence is reading, the City Council has two standing Committees, the Finance Committee and the 20 Policy and Services Committee. In addition to their legislative duties, Council Members represent the 21 City on a variety of local, county, region and statewide Boards. I think it’s a great opportunity and it is 22 important to the citizens of Palo Alto if you take the opportunity to mention that one of the Committees 23 that the City serves on is the joint School Board and City Committee. Those are the two elected bodies 24 we have. There are many citizens who feel they never speak to one another. That they’re like two 25 islands unto themselves and the only common ground is the citizens so I think it would be a good jester 26 in the City’s part to mention that as one of the important Committees. I don’t know whether it’s a 27 standing Committee or not but you get my point. Can I just do a jarring split infinitive, please? On G-5, 28 the second paragraph, Palo Alto will continue to seek out new technologies that will allow interested 29 residences to more effectively engage. Let’s just say to engage more effectively in the civic life of the 30 City. I don’t go around looking for those but that one just slapped me. Now, down on that same page 31 when we talk about civic and neighborhood organizations. The second sentence reads, many individuals 32 find it easier and more compelling to engage in neighborhood improvement rather than City-wide 33 activities. That’s kind of weak and it – and limp and I would offer that we delete that sentence and 34 improve it with this replacement, that “many individuals find that the best way to improve their City is 35 to work at the neighborhood level.” It’s the same thing but it doesn’t give the idea that people are 36 looking for the easy way out and that’s in their neighborhood and its less work and kind of a thing. I’d be 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 24 of 46 happy to send these to you as well. Ok, I agree with Annette wholeheartedly about a program to 1 continue to hold Town Hall meetings. These things really work when you identify a neighborhood or a 2 couple neighborhoods and bring representatives out. In our (inaudible) of the neighborhood, we got 3 immediate action on some traffic calming and dangerous intersections as a direct result of these Town 4 Hall meetings. These are excellent and I urge us to add them. Also, the City has provided our (inaudible) 5 group after a long fight in battle with rooms to meet at the library. Empty rooms that are shut down, 6 waiting to be used and they were – and I think the service – the Community Services has – was 7 developing a policy on this so I agree that if there’s an opportunity to mention free or reduced use costs 8 for neighborhood groups. There’s one other one on page G-10 and its Goal G-2. We’ve deleted 9 encourage the formations of neighborhood organizations to facilitate effective resident participation in 10 the community. That’s deleted because the organizations are now well established. Well, I’ll bet like 11 Bonnie’s situations when she wasn’t represented by a neighborhood organization, I bet there are places 12 in the City that are not represented by a neighborhood organization. Regardless of that, it says oh, it’s 13 also covered in G-2.4 and I don’t find a G-2.4 anywhere so the little note on the – the little box note that 14 you have to read like a Mad Lib if you know – for those of you who know what I mean. It says that it’s a 15 G-2.4, that’s not here. I would keep that in. I would make a one-word change and I think it would really 16 express the flavor or the spirit of what the City is trying to do. I’d say encourage the success of 17 neighborhood organizations to facilitate effective resident participation in the community. Kill the word 18 formation and include the words success because the City does this. They have things like the know your 19 neighbor outreach program that we’ve – our neighborhood association has been able to get a $1,000 to 20 have a neighborhood-wide party in the circles every summer. They’re really – I think the City ought to 21 take this advantage to – this opportunity to show that they really are doing some work in this area. 22 Thanks. 23 Co-Chair Keller: Thank you. Ellen. 24 Ellen Uhrbrock: This week I was in or last week, in complete awe when the newspaper gave the list of 25 employees at Palo Alto and the salaries and they were well over pages and pages and pages. That 26 brought to my mind the fact that this compliance thing is basically or governance – it’s the CEO and that 27 is the City Manager and you’re going to have a new one coming in. I would love – is there an available 28 big chart that shows you how all these things are connected and what has to be supervised and 29 controlled and financed? Does everybody know the hierarchy of managing it? I don’t know but that’s the 30 thing that the City Manager has to cope with. Well, that’s not adequate. I would like very much to 31 consider this as really a job description of here’s what you’ve got to deal with, this large group and this 32 budget and treat it as the business that it basically is. I think that the – in my little condensed version, 33 which is basically a separate Comp. Plan for the short-term projects and that also includes (inaudible) 34 that projects are routine and the projects that are in place so there is something that can be measured 35 on how much work that’s been done on it; annually done. The additions on the who’s call – who to call 36 would be all of the organizations which the City has a financial connection with. So, you know who to 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 25 of 46 call within the City. Policies are fine but outreach to other things that are not –organizations that are1 not financed by the City but especially, like the Town Hall suggestions. That you take it to all parts of the 2 City and I also would think – often have thought that during the many sessions, that all of us here on this 3 CAC can do things in our local neighborhood. They made a big deal out of representing the whole City 4 and having South Palo Alto have more members there and I think that we can do a lot of one on one 5 work in our own communities and work with those too. I think that’s a role that I look forward to playing 6 after this is all over. I will work as much as I can with the senior organizations to see that they are 7 involved in the City plans and the part – feel a part of the community. So, I think it’s a very important 8 chapter and I want it to be readable and I want it to be used and it is something that you start as a 9 reference and then go from there and see what interests me there and read more. It is an index and 10 everybody should know where it is and publicize it and really make it a best seller here in Palo Alto for 11 the citizens. 12 Co-Chair Keller: Thank you. Alex. 13 Alex Van Riesen: I agree with most of the comments that I heard before. I also just want to say that I 14 think that the Town Hall meetings is a great idea and I think it actually gets at what I think is one of the 15 bigger – when I read this section, I think this section feels very important to me because it feels like it’s 16 raising a big issue about what is the level of ownership of the people of Palo Alto for Palo Alto? I actually 17 think the City stands at a place of concern about this. I live in South Palo Alto and I’m noticing that a high 18 number of people are moving into the area and I think it’s no surprise. People have always moved in 19 because of the schools but I think they’re also moving in as investments to buy the houses and 20 properties. I saw some folks two doors down from me, they bought the house that was there. It was a 21 1,000-square foot Mackay; there was only two of them, they have no kids. They tore it down and built a 22 two-story big house that’s more than they need. It doesn’t take a brain surgeon to know that they were 23 making an investment and building something that they could then later sell for a profit. I guess it struck 24 me that as I interact with them, as I’ve tried to say hello and get to know them. They do not strike me as 25 prime candidates as stakeholders in Palo Alto. I think with a lot of these changes and the economic 26 changes, I think the City needs to think about how do we develop stakeholders or even champions and 27 I’d like to even use that terminology, for Palo Alto? Who are people that are going to lead in the various 28 neighborhoods? I just want to say, by looking around the room, not just those of us that are present and 29 no offense intended but the vast majority of this group is on the second half of life. I think that – 30 Whitney excluded – but – not – very, very personal but – well… 31 Whitney McNair: (Inaudible) 32 Alex Van Riesen: …yeah, we’ve very, very close. I think that is a concern because as I thought about this 33 and being a parent who has kids in the elementary school. What I have noticed is that you don’t really 34 own Palo Alto until you probably buy a house. If you’re in your 20-somethings and you’re renting or 35 you’re living here -- I don’t think when I was renting or living, I didn’t own Palo Alto. I wasn’t that 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 26 of 46 invested in the well-being of Palo Alto. I’m not saying that renters are bad people. I think that ones who 1 want to live here maybe but once you buy, all of a sudden you feel differently about things. Then when 2 you have kids, you go into this thing called the elementary school and then they suck all the volunteer 3 life out of you. I think the thing that I would say is the City needs to think strategically about how to get 4 volunteers because of young folks in 30’s and 40’s, they are – we’re volunteering like crazy out our 5 school. I mean, you guys probably all relate to this. I have to turn down 50% of the things that I am 6 asked to do for my kid’s school, even though my kid’s school is ranked number one in the entire state 7 and you’re just wondering, what is going on here? 8 Co-Chair Garber: It’s all you, Alex. 9 Alex Van Riesen: It’s all me. Yes, they all want me. That’s what I dream about at night. I guess I wanted 10 to say on page G-2, as Palo Alto intends to uphold its reputation as one of the Countries most livable 11 Cities, the City and Council are committed to widening the circle. I actually think that that should be 12 changed to developing champions for the well-being of Palo Alto -- developing leaders. We need to not 13 – we need to be thinking about the next generation and the people who are actually going to lead this 14 City and developing them now. I think we also need to identify the target groups and this would be a 15 sub-project. Who are the groups that are newer to the City? That we’re really going to have to connect 16 with if we want to build a stakeholder element. One of the groups that I would argue is the immigrant 17 Chinese community to be specific. In my neighborhood, there are – most of my neighbors – that’s – that 18 are coming in are immigrant Chinese folks and I’m realizing some of the grandparents that are raising 19 the kids don’t know the language and they don’t know anyone. How do I connect with them? How do 20 we connect with them as a City and make them feel as participants and stakeholders and owners in the 21 City; as an example? Going onto page G-5, I just wanted to emphasize this again, that at the first 22 paragraph there are a number of City mobile applications that citizens can download and use to report 23 issues or problems that they would like to see the City to address. Palo Alto also maintains the 24 transparent development review process. Again, I think that transparent development review process 25 should be specifically online, with a link to it and how to see how the budget is even connected to that 26 and how the spending is being done. In relationship to Len’s comment on G-5. Down there at the 27 bottom with civic and neighborhood organizations. My comment when I read this was huh? Where it 28 said, many individuals find it easier and more compelling, I totally agree with Len’s comments, to engage 29 in neighborhood improvement. I find it almost impossible to engage in neighborhood improvement. Let 30 me tell you, my wife and I, we try to sponsor parties in our neighborhood. We tried to do it at Christmas 31 and Easter. Every time we do it, we get 40 people who come to our house and they say this is the 32 greatest thing. This is so fun. Everybody brings food and they all have a great time. They go, we should 33 do this more often. Never happens again unless we initiate it on that annual basis. I just want to suggest 34 that there’s a problem there and this is probably different than most of us remember growing up. 35 Where you knew your neighbors and you were connected and I’m just saying, we have tried to get to 36 know our neighbors and to build some sense and it has been difficult. Lastly, I think I’ve made – the 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 27 of 46 volunteerism, I just think that is a big issue. I guess one of the radical suggestions that I wanted to make 1 and I don’t know where this fits. It’s just an idea that I had but I actually wonder if we shouldn’t say one 2 class for this – this will go over well I’m sure in Palo Alto schools but one period for both semesters of 3 some year, maybe senior year, is dedicated towards each student being involved in the participation in 4 some element of the Comprehensive Plan and walking it out. That is a senior year requirement that in 5 the first half to read the Comp. Plan, to understand what it – hear strategies like what does it mean to 6 be involved in a City? How could be involved and then the second semester, you’re actually assigned an 7 element of the Comp. Plan, an actual program and you and a group of students are tasked with 8 executing and figuring out how to save on the money issue, right? Also, they can put it on their resume. 9 Amy Sung: You passed citizen’s test. 10 Alex Van Riesen: I also just wanted to highlight a couple of other things. One is that I think the most 11 effective gathering spot in my neighborhood is the Eichler Swim Club and I think we need to find out 12 what are the other places where people are already naturally meeting? The Eichler – another one is 13 Green Meadow. If you want to think – I think more information is transmitted through the Green 14 Meadow Swim Club and if you’re not in it, you just feel like you’re out of the loop. I’m not in either of 15 them but it’s just that you realize that this is where people really converse. Especially during the summer 16 but these would also be excellent places and other parts to have these town meetings. I think there’s 17 going to need to be some time to build up some momentum and they should be held; anyway. I already 18 said we need to take some cross-cultural issues into effect especially when language and diverse 19 cultures is an issue. I guess – I said my assumption and I got my idea – my high school project. Ok, done. 20 Co-Chair Keller: Thank you. Whitney. 21 Whitney McNair: Well, if it makes you feel any better I actually volunteer at Gun High school on a pretty 22 regular basis, in a high school senior civic class through the ULI, which… 23 Alex Van Riesen: What is that? 24 Whitney McNair: It’s Urban Land Institute and they give the seniors a fictitious project for 25 redevelopment of an area with a lot of issues associated with is and they use Lego blocks and a 26 complicated model to look at the finance piece of it. Each person is assigned a responsibility like a 27 neighborhood liaison, a representative to the City, marketer, a finance person and a site planner and 28 they get in groups of 5 and they have to create a plan and present it to a fictitious City Council. It’s a… 29 Male: (Inaudible) 30 Whitney McNair: …it’s a great program so I actually – we do it at Gun High School pretty regularly. 31 Alex Van Riesen: Encouraging. (Inaudible) 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 28 of 46 Whitney McNair: The students are phenomenal at it. Anyway, so some students are looking at this kind 1 of thing and getting at least a taste of it. I didn’t have much to say about the Governance Chapter, other 2 than -- I actually don’t know if the components that are in the Governance Chapter if those are best 3 suited to be in a Comprehensive Plan or in some other document in the City. I don’t think anyone is 4 looking to the Comp. Plan to find these sorts of goals and using it in a way that one might expect them 5 to. I kind of feel like the Governance Chapter could be incorporated into the introduction section and so 6 your kind of describe the framework that is the Comp. Plan. You talk about that there’s a vision, the 7 goals, the policies and the programs and how they nest together. How should one use the document? 8 What are the key issues within it? What was the update? What was the process that we followed and 9 what sort of input was received by the community and sort of give somebody a sense of how it was 10 created and how you could use it? Anything above and beyond that, I think is just sort of extra. 11 Co-Chair Keller: Thank you. I actually have comments on a bunch of different things, including the 12 Governance Element. The first thing is the cover page. I think it’s ironic that we have a picture on the 13 cover page of Boarder’s Books. 14 Female: (Inaudible) 15 Co-Chair Keller: Ok, great. (Crosstalk) That’s fine. 16 Co-Chair Garber: (Inaudible) 17 Co-Chair Keller: I just think it’s ironic that they have that there so anyway. I guess we’ll do the 18 introduction later as well? 19 Elaine Costello: Yes, we’re going to do the introduction (inaudible). Oh, I’m sorry. We want to – yeah, 20 we’re getting too casual here. We want to finish this so we can do the cover and the introduction and 21 the glossary. 22 Co-Chair Keller: Great. 23 Elaine Costello: Yeah, so… 24 Co-Chair Keller: So, I don’t know – on page G-5, there’s a deleted paragraph and I kind of like that 25 paragraph. I don’t know why it was deleted. It seems that the idea of it widening the circle of residents 26 to provide expertise. I think we should rely more on our citizens than on consultants, wherever 27 appropriate because after all, they’re free and they are committed. Secondly, there’s a comment on 28 page G-9, where it says third level decision making is ministerial and then at the bottom of that it says 29 and public input is not required. Is that the same thing saying that it’s not allowed? Please clarify, do you 30 mean it’s not allowed or not required because not required means that it isn’t allowed. If it’s not 31 allowed, say so. In terms of policy G-1.1, that’s the first thing you come to is policy G-1.1 and it’s talking 32 about delegating appropriate decision making for the Planning and Transportation Commission, which in 33 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 29 of 46 fact does not take place. That was a proposal talked about but in fact, the Delegation (inaudible) Review 1 Board and the Planning and Transportation Commission is an advisory board. It does not – the Planning 2 and Transportation Commission has no decision-making power with the exception of being able to 3 initiate (inaudible), which is not the same kind of decision I think you mean. That’s needs to be 4 reworded and then it says to simplify and shorten the project review process. Is that all we care about 5 with what the PTC and ARB are doing? To simplify and shorten the project review process. It seems to 6 me that that’s the wrong thing to think about. It’s actually as a process – the – from my point of view, 7 the purpose of the PTC is to analysis projects and recommend them rather – (inaudible) projects, 8 ordinances, Comp. Plan changes, things like that and to recommend – for recommendation to the 9 Council; that’s at the PTC. That’s what the policy should be of the PTC instead of what’s over here. For 10 the ARB, it is a decision-making process but again, the goal is not to simplify and shorten the project 11 review process. It is to analysis projects for whatever their guidelines are for the compatibility with the 12 City and the standards and all that kind of stuff; the design standards. That’s what it should be talking 13 about, not this. What I would like policy G-1.1 to really be about is the idea that we want citizen 14 involvement. Sometimes this is sort of what’s happening in G-1.2. To me that’s more important than G-15 1.1. G-1.2 is to enhance two-way communications between resident organizations and City Council and 16 providing access to information. In some sense, that’s what’s really going on. We want input into the 17 decision-making process of Council. We want a dialog there and in particular, the – one of the things 18 that needs to be talked about in this is the idea that was – there was something made – it was a policy 19 made by the City Council in the last few years and that is that Staff reports come out not according to 20 the Brown Act Requirements of 72-hours in advance but actually, 10-days in advance for the City 21 Council. Last minute things actually mean that the item gets re-agenized and I think that should be in the 22 Comp. Plan because really, that’s an important process of what’s going on. The idea that we get early 23 Staff reports in order to get public participation and that’s – new thing before there change the project, 24 change – new information, new designs mean that you’re going to discuss it but you can’t make a 25 decision on. It you have to defer it to another meeting and I think that’s – to me, that’s the essences of 26 governance from a land use point of view and that’s what needs to be first. Ok, the next thing that I 27 have here is that I agree also with the comments of – that Len made and the comments that Annette 28 made. I’m very intrigued by the idea of this Gun High School class. I actually also volunteer at Gun High 29 School. I’m the public transit coordinator so I’m the one who is the liaison between Gun High School and 30 the VTA for the 88 bus, soon to be the 288 series of buses. I think that there is certainly a matter of 31 involvement. We need to think about how we do bring – involve – I’m thinking in terms of involving new 32 residents. I think it’s not only new residents because of different ethnic groups or different cultural 33 things or whatever but I think the issue is that we need to think about how we involve new residents in 34 what’s going on and realize, as you pointed out, that when people are involved – when they have school 35 aged kids, they are going to be involved in the schools. That’s – their kids are everything to them and 36 being involved in the schools has a high priority pay off. One of the things that I think is worthwhile 37 thinking about is the idea of engaging. I realize that you talked about people in their early stage of life or 38 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 30 of 46 later stage of life but I think that when people volunteer in the schools – now they use to volunteer in 1 the schools and their kids graduate from school. The kids graduate from high school and they are empty 2 nesters so engaging those people in volunteering with the City and being involved in the City governance 3 is the next stage of what makes sense. I think that we should take particular effort to transition them 4 into volunteering with the City, where they were volunteering with the schools. Finally, the issue is that 5 I’m still going to complain about the fact that a coordination between the City and the school district is 6 greatly lacking in terms of this document. There was a program in here to require that we consider 7 impacts on schools, in terms of in the Community Services and Facilities Element. It was a program to 8 consider impacts on schools of legislative changes and that was taken out. It was supposed to be moved 9 into land use and it somehow never got in there. I’m still really annoyed about that and frustrated with 10 the process of that. I think it should have been a program – a policy and it should be there but in any 11 event. In governance, that’s something that makes sense in governance, which is the issue of 12 coordination between the City and the school district in terms of land use issues, in terms of school 13 capacity issues, in terms of coordination, and in terms of services. The fact that the park – a lot of park 14 land – park like land in neighborhoods is actually school playgrounds. So, I see the issue in governance is 15 where it belongs. The idea of coordinating between the City and the school district and it goes beyond 16 the City school district -- I forget what the exact name of the Committee but that is a standing 17 Committee. It needs to be mentioned in here. Also, we might want to make as a footnote the 18 realizations because not everybody realizes that Palo Alto – not all of Palo Alto is in the school district 19 and people don’t realize that. Monroe Park is in Palo Alto and not in the Palo Alto Unified School District 20 and also not all of Palo – not all the school districts in Palo Alto like Los Altos Hills and Stanford 21 University and a little part of Portola Valley, it’s actually in – Portola Valley address is on Alpine Road are 22 actually in the Palo Alto Unified School District so it’s kind of an arcane collections of places but it is – 23 the bulk of it is in the City of Palo Alto. Are there any other comments that we have? I guess we have a 24 few things over here. Why don’t we go with Bonnie? 25 Bonnie Packer: Thank you. I want to respond to what Alex was saying about reaching out to other 26 groups and I think my suggestion of including a whole list of these different types of organizations is a 27 way to do it. To add to my list, you might – I think there’s a Chinese Parents Club that is quite active that 28 could be included; groups like that. We don’t have to identify them in the Comp. Plan but that type of 29 groups could be identified like the swim clubs like Eichler and the places where people gather. Looking 30 at the section, I think it’s the last one, the development review section Goal G-6. That seems to me that 31 that is really covered in land use somewhere so maybe it doesn’t really need to be here because it’s 32 talking about – it’s – the Development Center is one place where some residents interact with the City 33 but it’s not the only place. You know, it’s just one of those places so I think it’s probably more – it’s 34 appropriate for land use but I’m not – don’t feel strongly about that. Also, Goal G-5, managing change, 35 and stakeholder collaboration. I think that is also covered in land use, where we encourage – have – I 36 think there’s some programs or policies that encourage more participation of people in these decisions. 37 Then there’s one – a couple of other things. I wonder if it’s appropriate or not to have a little section 38 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 31 of 46 that describes our Municipal Code and what it covers. I don’t think people are aware that there are laws 1 in Palo Alto and it’s called the Municipal Code and there’s no place for them to find out about it. Even 2 though I agree with you Whitney, this might not be a place where people will go to learn about civics in 3 Palo Alto. It might be something we want to through in there. One other thing and I don’t know how to 4 express this and it was something that has always concerned me. That is the public hearing process that 5 we have at City hall where one person gets up and says something and then another person gets up and 6 says something and we don’t have a vehicle for constructive dialog. We may want to -- as I say, I don’t 7 know how to word this but we may want to have a program or policy which says, consider creating 8 (inaudible) Citizens Committees concerns controversial issues that are before City Council before the 9 public hearing. So, the people can get to listen to one another, just as we have been listening to one 10 another and see where people are coming from. The City Council will be bombarded with different 11 ideas but there’s no way for the citizens – the City Council may discuss amongst themselves, that’s now 12 nine but soon will only be seven people but if you have – if there’s a concerted effort, I know it will add 13 to the Palo Alto process but it may make the Palo Alto process a lot more civil so people understand 14 where they are coming from – where people are coming from. I would like to have – consider looking 15 into the public hearing process to get more meaningful citizen input by having Citizen’s Committees. I 16 don’t know how that would work with the Brown Act. I don’t know what -- the City Attorney’s Office 17 might have to look into that but I’ve always – for the past 25-years that I’ve been involved in civic stuff 18 here, it’s always bothered me. That the public hearing process is really archaic and ineffective I think. 19 Thank you. 20 Co-Chair Keller: Thank you. I think it’s an integrating thing and maybe that can be done at the PTC level 21 too. Amy? 22 Joanna Jensen: I’m sorry. 23 Co-Chair Garber: (Inaudible) 24 Joanna Jansen: Excuse me. Can I just respond really quickly? Thanks. I just wanted to point out Bonnie, 25 that Policy G-5.1, I think does or it certainly would, in my mind, be intended to do what you were just 26 talking about but maybe if that doesn’t hit the mark… 27 Bonnie Packer: Yeah, maybe instead of just effectively manage change but to effectively deal with public 28 policy or make it broader so it’s not just on a land use issues but it could be other issues. You know, that 29 people have to get together and discuss. Yeah, that’s – I appreciate that. Yeah, that does attempt to do 30 it so maybe that could be expanded a little bit. 31 Co-Chair Garber: I have Amy and then Annette, Alex and then myself. 32 Co-Chair Keller: Amy. 33 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 32 of 46 Amy Sung: Ok, thank you. I had just really broad comments and so it starts from G-2 about 1 neighborhood organizations. I do recognize that there are some neighborhoods that have a strong and 2 very cohesive neighborhood organization like Mid-town and the one that Alex mentioned in Meadow. 3 Alex Van Riesen: Swim club? 4 Amy Sung: No, your neighborhood organization so it sounds like it – and I do recognize that it’s a very 5 active and you have organized activities. The neighborhood that I am in and also, I think, the other 6 neighborhoods, it is just not as organized and active. I think that is one thing to realize and I really like 7 the ideas that we will include a bunch of organizations. For instance, if the City is coming out with a new 8 policy and it’s very important that the City will notify the stakeholders so you need to know who to call – 9 who to contact. For example, if you’re doing a park, you also want to notify the Boy Scouts of America 10 and the Girl Scouts because – and these other youth groups that are active in outdoor. Also, we have the 11 community gardens and you can also notify the scouts – did I mention that because I have two boys – I 12 have two sons and they were active in the boy scouts and so that’s my family and these other youth 13 groups at that age often need to do community services. I am just thinking that our neighborhood 14 organizations could expand to include a lot of the organizations that we know that are active. Also, they 15 can serve as stakeholders when the City has some new policies or revisions. You want to get them 16 involved and get their input so that is not a policy that is made in a vacuum. Then G-4 is talking about 17 volunteer and involvements. I do real estate as my business and when I moved to Cleveland, Ohio, I 18 remember the first day we moved into our house, there were gift baskets and the welcome wagon. 19 Then when I moved to Palo Alto it was like where is the welcome wagon? There is no such thing and so 20 I’ve been talking about that with some of my colleagues – some of my buyers. Particularly, when they 21 come here, how do we introduce them and orient them and I would serve as that person to introduce 22 them to Palo Alto. I would say try this location, try these activities and if you are interested – I think that 23 this is a way a City can come up with -- you are the Visitor Center, you are the welcome wagon. Give us 24 something that we will hand out to new buyers to our City and answer Alex’s question, your 25 neighborhood, you are seeing a lot of Chinese families that have moved in. What do they do? More 26 Cities have these ESL programs, I would tell them to enroll in the program. That gives you more than just 27 language training. It gives you the new cultural of the expected norm that is the cultural differences and 28 that is the starting point. Also, many of the parents who are here because of the language barrier, what 29 do they do? They have a lot of experience from where they come from. I remember mentioning it to the 30 CEO at Avenidas and so I suggested to her that this is an (inaudible) tab to volunteer groups. They have 31 plenty of time, they have plenty of experiences and they wanted to participate but they need a revenue 32 to bring them in and so that is the volunteers. We need to try a way to, first of all, give them something 33 so they know where to start and I think that is very important and then the liaison. In my trade group, 34 we have a liaison from the Council that will come because our group is an advocate of property rights 35 and because of that, it is a very important that policies that are changed that involve property rights, we 36 want to be in the loop. I think that our City Council can either themselves serve as liaisons to many 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 33 of 46 organizations or they can appoint representatives to service that role and that will create the 1 communication channels. One last thing is what I observed at the City Council last night. I wanted to 2 follow up on what Bonnie said about that everybody gets 2-minute to comment. If I look around the 3 room tonight, I think that we get a lot of communications back and forth and follow ups but when you 4 have a huge group like in the beginning, we each were given 2-minutes. If I were first to talk, I say 5 whatever I said and my 2-minutes is up. When it comes to Whitney, she would gather a lot of thoughts 6 along the way and she would say something and then that would spark something that I thought like oh, 7 I wanted to say that but I already used my 2-minutes and I think that really – in a big group, how do you 8 organize that in such that you created this two-way communication and that is a challenge. More 9 fundamentally, I think Vice Mayor Kniss puts it really, really plainly. It is unfortunate that we’re 10 becoming very partisan. We hold onto our belief and then it's displayed in public so in our – the way that 11 we speak, in our behavior and in our body language, it does not show that we are neighbors. I just 12 thought that a lot of activities and the engagements, besides the politics is a way to bring neighbors 13 together. We -- Palo Alto, has a lot of turnovers and we have a lot of people that moved in and these are 14 the new neighbors so we engage them. We have people who have been living here 50-60-years. They 15 also need to be engaged but that’s my thoughts. Thanks. 16 Co-Chair Keller: Thank you, Amy. Annette. 17 Annette Glanckopf: Well, all those good comments, it’s really hard to follow that but I wanted to just 18 sort of summarize some thoughts that I had as we were going around the room. Also, I don’t know if 19 you’re going to be able to give interesting ideas to Council that doesn't really have a place anywhere 20 else but I’d like to also echo my thoughts about volunteerism. There are lots of different organizations 21 that require volunteers, as we all know and the City has really tried very hard to go out and get new 22 faces and has actually been pretty successful in the last couple of rounds. A lot of the other departments 23 and other needs, still need volunteers and there’s been some discussion in the past about having a 24 person in the City, whether it be a volunteer itself or whatever; a paid Staff, that could sort of get the 25 word out that these are all of the volunteer opportunities that are available so I don’t know if that could 26 be a program or a goal or anything. We’ve talked about this for many, many years and I think it really is 27 a good idea for someone to be able to explain maybe all the Boards and Commissions and whatever, as 28 well as the organizations that Bonnie mentioned. I throw that out as an idea that has been knocking 29 around for a while and I think it’s great. Back to newcomers, there are a lot of – in the old days, when 30 we were in the 50’s, there were these little newcomer clubs around the Country and so Amy touched on 31 that. It was really part of the Mother’s Club or whatever but that might be an interesting idea. I’m not 32 suggesting that we put it back in the Comp. Plan but certainly the real estate community could help by 33 connecting – if we had a group like that, we could really make more connections into a lot of these 34 activities. Whether it could be someone officially elected or appointed or just general things like the 35 Police Department washing cars, which is an opportunity. One sort of random thought that sort of ties 36 into this volunteering at the high schools is that we have this program Palo Alto – called Leadership Palo 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 34 of 46 Alto that really talks a lot about putting this all together but it’s only for a small group of people. The City 1 could develop a Government 101 kind of session that – again, I don’t include this as a policy or anything. 2 It’s just sort of an interesting idea to put in some of the comments to Council. They could teach 3 periodically that would have what Ellen said, which is here’s sort of about who you talk to and this is the 4 structure of the City and many of these things about land use etc. I think that might be sort of tied in 5 with volunteerism and the Newcomer’s Clubs. Now, as far as newcomers, we have this very active 6 program called Emergency Services Volunteers, which is sort of built on the neighborhood watch so if 7 your block has someone that’s involved, they are probably going to deliver your basket of fruit but we 8 don’t have someone on every block so it’s very random. As far as the public hearings, the one thing that 9 we’ve been very successful – I’d just like to pick up – this is a random thought and not a program. We 10 have been very, very successful in getting a lot of interaction as opposed to just sort of talking and not 11 getting any immediate feedback, at these little community meetings. A lot of planning does this or Town 12 Hall also, where you sort of have an open forum and it’s almost like a Senator or someone who would 13 have office hours. We’re you can just sort of go in and talk about things but I’ve gone to a lot of these 14 topic-specific meetings so rather than before a public hearing, you could have this sort of, let's walk 15 around the room and talk to everyone and see charts and they do that a lot with land use and have City 16 Council people there and you can chat with them or key people in the City. You can chat about ideas and 17 that’s also -- try with the Town Hall so I just wanted to sort of tie that together in my own mind and 18 again, it’s more of a random thought as opposed to making a program out of it. Finally, with a little bit of 19 humor, Amy, I’ll say to you after – you’ve put so much time and effort in this so maybe when you have 20 more free time after we’re done, you can get more involved with your neighborhood association. 21 Co-Chair Keller: Thank you, Annette. Alex is next. That’s no problem and I think that I’ll just indicate that 22 I agree entirely with what Annette has said. In particular, in terms of what Amy said about 23 neighborhoods associations and that it would be good to strengthen those. It would be good to connect 24 the real estate community so that when people move into the community, then the real estate 25 community connects them with their neighborhood association. I think that would be good to integrate 26 people. Alex? 27 Alex Van Riesen: Just a couple of follow-up comments. One, Arthur in – oh, sorry. I just wanted to 28 responded to your comment, you said G-5, you liked that paragraph. That paragraph is actually still in 29 the document. It’s on page G-2, they just moved it. They edited it a little bit but it is still in there because 30 I remember reading that comment about widening the sphere and that same language is at the bottom 31 of G-2 so it’s broken into two paragraphs. I think that’s the same – most of that paragraph is still there. 32 Also, on the policy of G-1.1., when you were commenting on the simplify and shortening. I was trying to 33 think of what was the origin of that? I remember – I think, if I’m not mistaken, the origin of that was a 34 story I told about a guy who went through the architectural process for 4-years and they kept changing 35 it and saying that wasn’t – I – that wasn’t ok and I think he was finally pulling his hair because he 36 couldn’t get his building built. I think that was the origin of that language but I think you may be right. 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 35 of 46 Simplify and shorten are not the right words but I think that was the origin of that and that the process 1 seemed to long and when the people felt it was drawn out or felt like they were kind of messed over. 2 Like the expectations were set and then later on -- so I don’t know. That was – I want to say that I like 3 the Gun class. I think it would be awesome if we just moved – I think as Whitney said, we move from a 4 fictitious element to actually giving them real problems in Palo Alto. It sounds like you were dealing with 5 fictitious or made up scenarios but let’s give them real things and work on it. I wanted to suggest that 6 the key volunteer transition and I will admit that this is completely antidotal to my own life; is middle 7 school. My kids are at Ohlone and I’ve noticed that over this last year, they are both in 5th grade, that 8 with each progressive month, I go less to school. They’re on their own and I realized – I’ve decided that I 9 am going to go back to school every day in May because I really like the school but I like being around 10 their teachers and I want to communicate things to people before we leave. I think the thing that strikes 11 me is that we need to capitalize on this transition because what I find happening is if I don’t go to school 12 with them, I’m putting all my volunteer effort back to my own obese of to-dos, right? I think I’d like to 13 have someone maybe be a volunteer coordinator in the City and explore the middle school and this 14 freed up energy when are kids start to – I’m not saying they’re done. I know I’m in for a hellish next 3-15 years. I guess I wanted to also be aware -- I don’t remember what we said about this in the Land Use 16 Element but it seems like with the passing of the building of separate units that the City Council just did. 17 There’s some kind of inverse thing potentially here for dealing – creating neighborhoods. So, antidotally, 18 my neighbors who have lived in their house for 17-years realize that they could make more money if 19 they moved into one of their smaller houses in Santa Clara and rented out their Palo Alto home. Now 20 their Palo Alto home has seven people living in it. One of them in the garage so when you open the 21 garage, it’s like a full room, it’s like a diorama. What I realize is, they have no interest in the 22 neighborhood or in connecting with us and we’ve tried but they are so transient. I feel the tension of 23 creating those other units and creating more – actually, it’s a Stanford grad. who’s created an app. for 24 people who are coming to the area looking for jobs and they will place you in houses with other people 25 comparable to you. This is – I mean, it’s just genius run amuck. I don’t know. I don’t think they will tell 26 me because they don’t want to me to know. (Crosstalk) Ok, I’ll find out and I’ll bring it back to you. 27 (Crosstalk) She’s a nice person but she’s a genius, right? They actually fit people that they think will work 28 together but they pack them in and people are making good money. I do want to say that there was a 29 program that was put out, I think it was the Emergency Service – they put out something like – not like 30 do you want to be a junior policeman but do you remember that? It was a class – what was that? 31 (Crosstalk) You know – it was like – yeah, but you could be any age and learned how to sort of – I think 32 there should be a program like that for a neighborhood champion or something because I think that was 33 effective. I think – I looked at that class and they had 30 people taking that and I’m like -- I think there 34 needs to be structure to developing the volunteers. 35 Co-Chair Keller: Great. Well, we’re running out of time for this thing. 36 Alex Van Riesen: Sorry. 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 36 of 46 Co-Chair Keller: Dan, you wanted to talk again? 1 Co-Chair Garber: Just briefly and I will – It’s ok. For the sake of time, I will not tell a story but I did want 2 to come back and agree with Whitney. I think I love some of these suggestions that we’re coming up 3 with and I think they’re – some of them are extremely important for us. There’s probably some place 4 that should be the Palo Alto’s User Guide or something, where these things should be located in as 5 opposed to the Comp. Plan. Certainly, the website – the City’s website has bunches of this stuff. It could 6 be organized differently but any case, I do think there is – I don’t want to lose a lot of things. I think that 7 some of the things that my Co-Chair mentioned about the – how the Planning Commission should 8 operate, for instance, should really be part of the by-laws of that Board. That’s where that should reside 9 and be owned. I know other things – as opposed to like the Comp. Plan. Anyway, I’ll leave it to Staff to 10 sort that out and maybe there will be some suggestions that we can come back to but I do agree. We 11 shouldn’t lose a number of these ideas because I think that I will agree with all of you. I think they are 12 extremely important. Especially, for this moment in our community, which is struggling with the whole 13 issue of communication, empathy, and understanding of what these issues are that we’re all trying to 14 muddle through. 15 Co-Chair Keller: So, I’ll take it out – finishing this and then we’ll come back to deal with the glossary, the 16 introduction, and the cover. The first thing is that what we really want is a Palo Alto 411. Palo Alto 311 is 17 kind of broken because you get a notice saying it’s completed but you have no idea what they’re going 18 to do about it and it doesn’t get done. It gets checked off as completed, well, what does completed 19 mean? Anyway, it would be nice if the development process where more transparent to those of us who 20 are in the community. There used to be a list of all development proposals. I know there’s a monthly 21 thing but I mean, comprehensive. The monthly thing is only the major ones, not the individual – not 22 every – not a list of every proposal submitted or every project. There used to be a list of that and it’s 23 gone and I’m not sure what happened to it. One of the things that the Brown Act makes hard is that we 24 have a public comment process and then the body deliberates. I wish that there was an opportunity that 25 after the motion is made, to basically say, wait a second? I’d like to comment on the motion. I didn’t 26 know what the motion was about and I’d like to be able to comment on that. I’m not sure how we’d do 27 that but it’s a problem. At this point, let’s – you want to say something? 28 Elaine Costello: Maybe we should move on. 29 Co-Chair Keller: We’re going to move on to the cover page, the introduction, and the glossary. 30 Elena Lee: Could I say something one thing? 31 Co-Chair Keller: Sure. 32 Elena Lee: In just to reference what you mentioned, that right – we – you know, we are trying to make a 33 lot of improvements in terms of what’s available to the public and so we have what’s called Building Eye 34 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 37 of 46 and that’s a new interface that we have that lists all pending projects on a map. You can open that up 1 via the planning website and you can see all of the pending development in the City. 2 Co-Chair Keller: Ok, great. I know people had some issues but that’s – it’s a good – that’s a useful thing 3 but it may be -- there may be some other interfaces that we can create. Let’s talk about – Bonnie, do 4 you want to go first on the cover, the introduction, and the glossary? 5 Bonnie Packer: Thank you. The only thing I had a suggested in my comments on the introduction is that 6 we add the reference to other organizations. It’s in my written comments I’ve – it’s in the section under 7 major themes. Building community and neighborhoods, I suggested adding the references to all those 8 other organizations. I don’t have any comments on the cover. I don’t care what pictures you put there. 9 As long as they are current, I guess and the glossary, I was going to suggest that if we’re going to add 10 these organizations, then maybe we have definitions of what a service organization is. I don’t know. It 11 may be too cumbersome but if we’re going to refer to them, we may – what’s a Neighborhood 12 Association, what do we mean by a Civic organization? However, I don’t know if those – if people would 13 agree on what those definitions would be so something to consider. That’s all. 14 Co-Chair Keller: Thank you. Amy. 15 Amy Sung: (Inaudible) 16 Co-Chair Keller: Amy said she doesn’t have much to add. Lisa? Nothing. Annette. 17 Annette Glanckopf: Well, I have a comment on the definitions. Now, I understand that you removed a 18 lot of these things because you’re not referring to them. However, I don’t think anyone is going to be 19 saying, oh gee, that’s in there and it’s not in the Comp. Plan. I think that there is a need -- I think Ellen 20 mentioned it and other people did, there is a need for a solid glossary that defines all sorts of terms. So, 21 this is a very logical place to look for one so I really think that you should leave some of these terms in 22 because we do use them a lot in the City. I have a list of things that I thought were – you eliminated that 23 should be there. I also think you should add things like accessory structure to differentiate that between 24 accessory dwelling unit but that’s my own point. I also notice the (inaudible) and although we do talk 25 about that area, it’s the only neighborhood that is mentioned in there and I’m not sure that’s the exact 26 terminology that they – the geophagy that they would use. Anyway, I want to lobby this group to retain 27 the definitions because I do think that that is one place that people will go to just to try to figure out 28 things. 29 Co-Chair Keller: Thank you. Len. 30 Len Filppu: Yes, thank you. On the cover itself, I do think that we can maybe consider some new photos. 31 I like [Crunchy] and there’s a lot of [Crunchy] here. A couple shots of Bay Lands but we could show some 32 soccer fields, some tennis courts, kids playing in the – on some of the City provided creational areas and 33 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 38 of 46 maybe a good shot of downtown. Just – there’s a – just give it a little bit more divergent if you can and 1 when people said the photo – these are dated so I mean, you have [phonetics][Skelly] in there and I 2 know it’s really difficult but they’re gone and whatever. As to the introduction, on page I-1, the green 3 box that talks about the vision. In the second paragraph, it says Palo Alto Comprehensive Plan strives to 4 build a coherent vision of the City’s future from the visions of diverse populations. I just think we’re 5 double vision there. It sounds clunky to me, it feels clunky to me so I would offer that the second visions 6 be changed to input. So, that we build a coherent vision of the City’s future from the input of a diverse 7 population. That’s more active to a – what a government ought to be doing. Oxford comma throughout, 8 you guys have tried – I – please done misunderstand me. I can’t imagine the amount of blood-sweating 9 through your brows writing and revising this. I compliment you greatly. The Oxford common, on 10 continues, to use it and there are places where it still can be done. Let me go back to my final comment 11 and that is on the neighborhood thing. Again, on I-2, major themes of the Comprehensive Plan. Building 12 community and neighborhoods and just after small businesses on the third line, libraries, parks, cultural 13 centers, small businesses and Neighborhood Associations are central components of neighborhood life. 14 Just add Neighborhood Associations. I’m not yet convinced on Bonnie’s argument that we list all of the 15 volunteer organizations. Where do you draw the line? Where does it stop? Some of them, as earlier 16 have been mentioned, are advocacy organizations and a number of things. I think that the neighbors 17 who live and reside in the City have a special voting right for our government and have a special 18 connection and that the – then the activities that they’re involved in is a secondary kind of operations 19 going on. I don’t know exactly how to – there is a wide variety but I think the neighborhoods and 20 Neighborhood Associations and resident organizations of voting citizens in this community have a little 21 bit of a closer tie to the government. Thank you very much. 22 Co-Chair Keller: Thank you. Elaine – I mean Ellen. 23 Ellen Uhrbrock: I seemed to have lost my cover but I really don’t care a great deal about what’s on the 24 cover but I do agree that it needs updating more with action pictures taken today. I –on the problem of 25 listing all the organizations, I agree would be too long of a list. That’s where you put them in the section 26 on who to call and there are the names of the organizations that need to be listed by their names and 27 then who’s the contact person if you want to know more about this. This is a real problem and being a 28 citizen or being – moving into any area, it’s knowing who is who and who you might want to make a 29 contact with for whatever reason. I think the who to call is the place for that. I want to say tonight, 30 listening to you, especially Amy and Annette, you give me many ideas on what I can do on your 31 suggestions and it's interesting – Avenidas Village incidentally has just started a task force to study on 32 volunteerism for the seniors in Palo Alto. I think you could be of great help to us and we could be of help 33 to the community by doing this so thank you very much. I also am in contact with the people at Stanford 34 and elsewhere that are dealing with the second half of live things and this is a wonderful idea I think, to 35 shift the volunteerism. When you’re already feeling obligated that I belong City and I’m a part of it so I 36 have benefited greatly from listening to all of the people here tonight. Thank you. 37 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 39 of 46 Co-Chair Keller: Thank you. Alex. 1 Alex Van Riesen: On the glossary, I just think this is a best. This thing is so long and appropriately so, I 2 don’t know if this is what Annette was getting at in terms of including other terms in it. I – my concern 3 would be being where you would stop or draw the line with that and so I kind of feel like – I think -- I 4 would suggest that this needs to be limited to the words that are in the Comp. Plan but there needs to 5 be some kind of – I agree. There needs to be some handbook or some place for citizen activation where 6 you can find out what everything means so I agree with that. I can’t imagine lengthening this. In terms of 7 the – I think the double edge sword of the front page is that when you put pictures on, the double edge 8 sword is you appeal to the people who identify with the pictures but you lose out on all the people who 9 don’t. I don’t know if pictures are the best way to go unless you (crosstalk) – exactly. Well, animals 10 would be highly – well, there’s dogs here though so they’d be happy. (Crosstalk) There’s – well, I guess – 11 I realize – I agree that they are outdated but I wonder if there is another way to go that would connect 12 people but the pictures are always dicey because people don’t – if they don’t see themselves in it 13 someway, they don’t feel connected. In terms of the introduction, I want to agree right off the bat with 14 what Whitney said about probably combining this. Put these somewhere in governance – I mean 15 governance into the introduction. I actually find the governance section could be – I realize it has goals 16 so maybe it doesn’t work but there are parts of it that feel very inspiring or very hopeful about what we 17 hope Palo Alto to be. It feels like part of the governance things could be in there. I don’t know exactly 18 how to do that. I haven’t given that a ton of thought. I realized when I read on page I – is it I or 1? Is it I-19 2? I-2, in the building community and neighborhood, second line, it says libraries, parks, public – well, 20 arts and cultural centers. I actually scratched that out at first and put community centers but then I 21 realized that was probably meant by public facilities. I guess it raised for me the questions of how we 22 understand community centers in Palo Alto. This brought up even with what’s happening with 23 Cubberley and I think you guys know, Cubberley is coming up – 2019 the lease is being renewed. I guess 24 it just struck me that community centers – my experience are that I participated in Cubberley Day for 25 the last few years but they meet in a tremendous amount of needs within the City and I’m finding that 26 it’s often cultural groups and groups that are more on the fringes. I just struck me that that was worded 27 that way so I don’t know if we want to keep that but it probably seems like we should. The other one 28 was in the paragraph right above it, where it says that includes all land within the City limits, the 29 Stanford University Campus and other property in unincorporated – I didn’t realize – it felt like – as our 30 discussion, it’s been about parts of the Stanford stuff like the – what is it called? It’s there – the Business 31 Park? Is, that right? We never really talked about the University campus so is our sphere of influence 32 really the campus? It is. It’s interesting, I never felt like in our conversations that that’s been true. It’s 33 always been the Business Park or… 34 Co-Chair Keller: I think the Business Park is within the City limits but the sphere of influence includes 35 Stanford University. 36 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 40 of 46 Alex Van Riesen: Ok. 1 Co-Chair Keller: It’s a technical destination. 2 Alex Van Riesen: Ok, cool because I didn’t understand that. On page I-3, I just noticed in the reducing 3 reliance on the automobile, there was nothing in that paragraph about parking. I don’t know if there 4 needs to be but you did use other things that you’re going to change to try to reduce reliance on the 5 automobile but given that parking is something right now they’re – I think that’s going to be a continual 6 issue. I was – on meeting housing simple challenges, the next paragraph, fifth line, community priority in 7 this plan seeks to increase the supply of housing. I wondered, wasn’t that part of our debate about 8 either affordable or what affordable was or more affordable housing because changing the supply of 9 housing is merely – you know what I mean? Just housing for whoever can afford it so I wasn’t sure what 10 we were gunning for with that but the way it’s written, this plan seeks to increase the supply of housing 11 is just more housing for whoever; for the highest bidder. I don’t know what we were going for there. 12 Anyway, we can come back to that or that’s a question. On keeping Palo Alto safe, as I read this, I 13 realized that the title didn’t seem to actually match what you’re trying to say here. I think – I would 14 suggest that we change it to keeping Palo Alto prepared. Actually, you use the language preparing and 15 preparedness in the paragraph and what all these elements seem to describe is being ready because you 16 can’t really stop these things from happening but you can be ready for them when they do. I think it 17 provides a different imagine of being prepared versus – safe is often an image, I think is connected to 18 crime or sometimes is it a safe neighborhood, at least that’s where my mind went. Then meeting 19 residential and commercial needs, I noticed that it seems to omit small and independent business in 20 here. Am I wrong in that? That – now I realize that that was a big thing that we talked about in part of 21 our vision but it doesn’t or in priorities but it doesn’t really come up that strongly in here so I would 22 insert – if it’s to match what’s come before, I think in the governance section, small and independent 23 businesses. Then in I-5, I wasn’t sure but at the very last line, the Comprehensive Plan or even the next 24 generation, however, the long-term idealistic thinking embodied in each vision statement. There is 25 something about idealistic. I don’t know, maybe it’s because I’m a more present-oriented person but I 26 read that like more idealistic like it’s never going to happen. I thought that maybe there is another word 27 like however the long term strategic thinking or creative thinking or I don’t know. I would suggest 28 strategic for that. I was curious that the EIR is not a part of this plan, is that true? At the top of I-8 it says 29 no EIR, will you cut that out? Are we just – did we take that out for a reason? Top of page I-8, an 30 Environment Impact Report has been prepared but then we just – I was just curious. 31 Joanna Jansen: It’s true that an EIR has been prepared and it still in process right now and it’s also true 32 that it’s a separate document and it’s not part of the plan. 33 Alex Van Riesen: Ok. So, did we take it out just… 34 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 41 of 46 Joanna Jansen: I have not really ever seen a General Plan that discusses the EIR as part of the plan 1 itself. My feeling is that it’s a little bit confusing because it is a very separate document and it’s not a 2 regulatory document. It kind of lives to facilitate that adoption of the Comp. Plan and then memorialize 3 the mitigation measures but it’s not an on-going kind of parallel side by side part of the plan. 4 Alex Van Riesen: Great, that’s helpful. Thank you, that’s it. 5 Co-Chair Keller: Whitney. 6 Whitney McNair: I don’t really have any comments. I would echo those that Len brought up earlier. 7 Co-Chair Keller: Thank you. Dan. 8 Co-Chair Garber: I have very little to add but the only thing that I will add is in the description of goals, 9 policies, and programs, I believe, in my mind a program is all these things that have been described here 10 but what I would actually say is that what defines a program is that a resource has been applied to it. 11 Meaning that there is something assigned to it, there is time and money and I might just change the 12 language in the way you are using the resource. That’s… 13 Elaine Costello: What page are you on? 14 Co-Chair Garber: The markup page I-7. Just above other components of the plan but that’s what really 15 distinguishes it, as different from policy and goal because neither policy and goal have resources applied 16 to them. 17 Elaine Costello: Some of them will actually though but that’s ok, we can that up. 18 Co-Chair Garber: That’s it. 19 Co-Chair Keller: Thank you. I have written down on my list three things plus I have some comments on 20 the document. Three things that I have written is the Oxford comma, the supply of affordable housing. 21 We should emphasize affordable housing and not the merely supply of housing because really, we want 22 to increase the ratio of affordable housing; the amount of affordable housing in the City. Not just 23 increase housing in general, and reinstate the paragraph about EIR. This just makes a reference to it and 24 I think that the EIR – even though it’s defined at a point in time when the Comp. Plan is adopted, I think -25 - I know of people who’ve gone back to the 2010 – the Comp. Plan from 1998-2010 and looked at that 26 EIR and compared it to what happens. I think that’s a wonderful exercise and if this doesn’t reference 27 the EIR, nobody – that sort of makes it harder to that. This doesn’t say that it’s part of this document. 28 It’s a reference to the document and it’s a regulatory requirement of this document to do an EIR. In the 29 words to the Mikado, if it is so, why not say so? Anyway, the next thing is with respect to the pictures. I 30 have a – (inaudible) the pictures, we certainly should update the pictures but not have a picture of 31 Borders Bookstore, which no longer exists. I would not put a picture of Hanna House but if you want to 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 42 of 46 put a similar picture, why not the Perennial Stanford Theater, which is a gorgeous building and has 1 similar attractiveness. Instead of a lone bicyclist, which seems kind of sad. I think (inaudible)(crosstalk)… 2 Co-Chair Garber: (Inaudible) 3 Co-Chair Keller: … Yeah, I think what you want to take a picture of is the gazillions of students who are 4 leaving school. You can take a picture of any of the middle schools or any of the high schools, especially 5 Gun High school. The kids sort of barreling down the street on bicycles, a big pack of them. That would 6 make a great picture so I would hope that you could gather a picture like that. Finally, with respect – 7 Co-Chair Garber: Within the bike lane. Not all over the street. 8 Co-Chair Keller: That’s right. 9 Elaine Costello: I was just going to say taking over the street. 10 Female: With no helmets on. 11 Elaine Costello: Right, no helmets. 12 Co-Chair Keller: No, I actually see them with helmets, I actually do. 13 Male: (Inaudible) 14 Elaine Costello: Smoking. 15 Co-Chair Keller: That’s right. Anyway… 16 Elaine Costello: Earbuds in. 17 Co-Chair Keller: … I have an objection to the deletion on page I-4 of the redline version, where it says in 18 the last paragraph, but not at the expense of the City’s residential neighborhoods. I don’t know why that 19 is taken out. Development needs to be done not at the expense of the City’s residential neighborhoods. 20 Put that back, please. With respect to Table 1, I believe that governance, which is on page I-5, 21 governance needs to be one of the elements. It’s there – it’s missing and I think it should stay but it’s 22 missing. Governance is an element. It’s not a chapter, it’s an element. Well, I think it should stay as an 23 element. 24 Elaine Costello: We need to clarify that. 25 Co-Chair Keller: In any event, in this draft, it’s an element, it should be listed there as an element and 26 it’s not. It is listed – just like community service and the facility is an element not required by the State, 27 governance is an element not required by the State. With respect to the glossary, a couple of things. I 28 have some comments on there. Firstly, let me find it. I agree with restoring things. It does not – let me – 29 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 43 of 46 (inaudible) a glossary is not a dictionary. You don’t worry about what things are in a dictionary or not 1 necessarily referenced by an essay that you write. You look up for your information and they are useful 2 things for information. With respect to Capital Improvement Programs, the CIP is a rolling 5-year 3 program. It’s not a 5-year program in the sense of Soviet and Russia, where they would basically have a 4 5-year plan and then other 5-year plan 5-years later. It’s a rolling plan, every year for the next 5-years. I 5 would replace the Comprehensive Plan Advisory Committee from 1992 and replace it with the Citizens 6 Advisory Committee for the Comp. Plan; us. That should be mentioned there. There should be a 7 mention of a Concept Plan because we do have this notion of a Concept Plan, which is referenced by the 8 Comp. Plan. In particular, East Meadow Circle is a concept plan – (crosstalk) No, no, East Meadow Circle 9 is a concept plan and therefore, that concept needs to be referenced. Coordinated area plan is another 10 beast but concept plan is one that we started to do, which I think is kind of BS but in any event, we have 11 one. Ok… 12 Co-Chair Garber: I think it’s a CP, concept (inaudible) 13 Co-Chair Keller: Exactly. I think we should – I that the term that’s referenced in the EIRs and should be 14 specifically defined in here is a cumulative impact. I think people don’t know exactly what it means. I 15 think we should define it and it should be in there specifically. I think that we should – we should define 16 grade crossing. 17 Male: Grade crossing? 18 Co-Chair Keller: Grade crossing. There is a mention in the Comp. Plan about grade crossing which is a 19 Caltrain grade crossings. 20 Male: (Inaudible) 21 Co-Chair Keller: Yes, that’s why it needs to be defined. A grade crossing is, for example, it’s an at-grade 22 crossing where Caltrain has the train – the East Meadow and Charleston and… 23 Co-Chair Garber: (Inaudible) 24 Co-Chair Keller: That’s right. 25 Co-Chair Garber: People (inaudible) 26 Co-Chair Keller: It’s where there’s a crossing at the grade with Caltrain and that should be defined 27 because it’s mentioned in various places. The horizon year needs to be updated from 2010 to 2030. I 28 think that that’s funny. I would put back inclusionary housing. Maybe you want to call it inclusionary 29 zoning but it isn’t – it is a concept that should be put back. I think that jobs/housing balance is 30 redundant with jobs/house ratio, which is more specific; we don’t need that. Somewhere else, I saw that 31 the land use circulation map has been renamed so if it’s renamed there, it should be renamed here. I – 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 44 of 46 in terms of low income, moderate income, and whatever, where it mentions area wide medium family 1 income. That’s a great definition but it specifically refers to Santa Clara County and therefore in 2 parenthesis, it should refer to Santa Clara County as what the area that we’re talking about so people 3 know because that is what it is officially. In terms of median, one-half of the set is more and one-half of 4 the set is less. You either say more or less or you say greater of fewer. You’ve sort of mixed your 5 metaphors there. I want to put Mitigated Negative Declaration back. I – moderate income – also 6 mentioned Santa Clara County. I would put Negative Declaration back, those are important terms that 7 people get to all the time. We need to know what they are talking about. I’m not sure why the 1998 8 City-wide land use and transportation study needs to go away. I would put non-conforming use back. I 9 would put the Northern California Power Agency back. I would mention in the Palo Alto Unified School 10 District a footnote that says the (inaudible) of Palo Alto is not in the Unified School District; mainly 11 Monroe Park. Also, that some of the Palo Alto Unified School District aren't in – is outside of Palo Alto. I 12 think that would be useful information. It’s not the planning Commission, it’s the Planning and 13 transportation Commission on the page of 39. I think – I understand that the only region shopping 14 center we have is the Stanford Shopping Center and we probably should say so. I would put vacancy rate 15 back, that is useful and mentioned by various ordinances and such. In particular, it’s an interesting thing 16 – threshold for decontrol of ground floor retail in downtown so that is a useful concept. That’s it for me. 17 Are there any other last minutes’ comments before we adjourn? Dan. 18 Co-Chair Garber: Question for you all, does anybody feel strongly that are names should be in the intro? 19 Elaine Costello: Your names? 20 Co-Chair Garber: Yes, on I-9. 21 Joanna Jansen: Oh, I’ll also just mention that I think that we anticipate that there will – as in the existing 22 Comp. Plan, be an acknowledgment section in the adopted Comp. Plan. 23 Co-Chair Garber: In the back, some place. Yeah, I… 24 Co-Chair Keller: I think that they should be… 25 Female: (Inaudible) 26 Co-Chair Keller: I think that they should be in the back, along with the Planning and Transportation 27 Commission and the City Council and whatever who – people who served both – during the whole 28 process. 29 Elaine Costello: Right, right. That’s what we’re planning to do. 30 Alex Van Riesen: I think they should be in the front but we should be able to give ourselves rapper 31 names. I think… 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 45 of 46 Co-Chair Garber: That’s like the street I grew up on and my pets name? 1 Co-Chair Keller: Ok, great. Amy, any quick things? 2 Amy Sung: Yes. Actually, I didn’t have a lot to add to the intro but I just wanted to touch upon the 3 housing scene because that’s what I do professionally. 4 Co-Chair Keller: The Housing Element because we’re not talking about the Housing Element tonight. 5 Amy Sung: It’s on page I-3… 6 Co-Chair Keller: Ok. 7 Amy Sung: … talking about meeting housing supply challenges. There’s a – every time we talked about 8 housing, people talked passionately about affordable housing. I think that I wanted to just touch upon 9 the affordable housing. Affordable housing as we know it is no longer referred to those less fortunate 10 who are the most typical – what we typically think of. Affordable housing has multiple thresholds and 11 depending on who you talk and everybody thinks differently about affordable housing. Specifically, 12 housing in Palo Alto and in the entire peninsula/Bay Area, we need housing of all levels. Yesterday at a 13 hearing and also so often, people will say well, when I first moved to Palo Alto, I worked really hard and 14 people that wanted to move here, therefore, should also work really hard so that they start somewhere. 15 The thing is, when I moved here, I bought my home when my husband and I were both young engineers 16 and we worked really, really hard. I must tell you today, those young people who wish to buy a home in 17 Palo Alto, working really, really hard is not enough. They work really hard and I see it. They work harder 18 than I use to do but they – that alone, cannot buy a house here in Palo Alto. I think it is very important to 19 say that we will supply housing and leave out that affordable because what kind of affordable are we 20 talking about? For those young professionals over those that are extremely needing help with Measure 21 A that we passed last year; that is the homeless. There are all sorts of levels of help that we can think of 22 and lending help. There is a particular young professional that I am thinking of, they do not financial help 23 but they need help in supply. When we talk about this group, they are not looking at multi-million 24 dollars of luxury. That is (inaudible). All sorts of people – if they do not require financial help so I wanted 25 to really, really emphasize that we are going to supply all levels of housing. Thank you. 26 Co-Chair Garber: Does the word diversity in housing help? Ok, not raise that controversial word. 27 Co-Chair Keller: So -- (crosstalk) thank you. So, I actually agree with Alex’s comment that with the 28 emphasis on affordable housing and I’ll tell you why quickly. The answer is that in all the (inaudible) 29 Housing Element periods, sometimes, not very often, we have met our reallocation overall but we have 30 never ever our allocation of affordable housing. Never even come close and so we are always so far 31 behind in providing affordable housing and we have come close in providing market rate housing 32 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 46 of 46 according to the arena needs and therefore, an emphasis on affordable housing is not misplaced. 1 Especially, since it’s so hard to do. With that, I will adjourn the meeting at 8:43. 2 Feedback for Continuous Improvement: 3 Future Meetings: 4 Next meeting: May 16, 2017 – Rinconada Library (Embarcadero Room) 5 6 Adjournment: 8:34 p.m. 7 1.CAC comments 2.Draft Meeting Minutes May 16, 2017 Comp Plan Update Citizen Advisory Committee Comments and Minutes Cover/Introduction/Governance/Glossary/ Future Lessons CAC Comments on Intro and Governance May 16, 2107 Annette Glanckopf Almost done! Green Boxes: Color looks very nice, but can the font be bigger. I find it very hard to read with the green background. INTRODUCTION Protecting & Sustaining the Natural Environment: I do not know where it fits..we talk about the urban forest, but it would be great to add something that talks about the impact of overbuilding and losing permability …maybe if this protecting the urban forest is a vision, we should also talk about concept of maintaining lot coverage and a healthy area for water to seep into the soil…esp in R1 neighborhoods Meeting Residential & Commercial Needs The city should be committed to attracting and preserving locally owned neighborhood serving businesses Eliminate the phrase in the first paragraph :especially in areas of mobility & greenhouse reduction”. Even though this is an admirable goals, I do not think mention of specific types of businesses belong here. Providing Responsive Governance & Regional Leadership Add highlighted wording It encourages collaboration among citizens, businesses, neighborhood associations and local officials. Uses and Organization of Plan Remove wording “Hope you will find it useful, easy-to-read document. “ much too fluffy and not needed, not too many people will sit down and read the Comprehensive plan cover-to-cover. In paragraph that starts State Law, remove word “above” that follows Table 1 – unless it really is right above the text. In definition of Policy. Why remove the wording “but it is not mandatory”. I suggest leaving it in. As staff has presented previously, the city has not always taken action on all policies in comp plan. Implementing the Plan Question: I thought that prioritization was not going to be done in the comp plan? If this is correct, then do we need the statement “ Additionally the city council may change the prioritization of programs through the regular 5 year review cycle of the implementation plan.” The council always has this prerogative. GOVERNANCE Goal G1: Program G1.1.1 and the wording “neighborhood associations” to read “Enhance 2-way dialog communication between residents, neighborhood associations, other organizations, and the city council…” Goal G2: Policy G2.3 Program G2.3.1 Add Coordinate with neighborhood association. Suggested rewording “Collaborate with neighborhood associations to continue town hall meetings……” Goal 2: Policy G2.4 Program G2.4.1 Add complimentary or no-charge Offer the use of city facilities to civic, environment, cultural, neighborhood associations and social service organizations for meetings & events at complimentary or discounted rates. Note: Over the last 2 years, staff, council and PAN have spent considerable time in discussing the role of neighborhoods and the no-charge use of city owned facilities. Goal G4: Program G4.1.4 reword appreciation package to welcome package. Annette’s comments on Future Comp Plan 5/16/17 Pros •Lots of good experienced people spent long hours working on this •good to have co-chairs •good to have subcommittees •city staff responsiveness •public speakers and letters with content •group listening to recommendations of subject matter experts •taking majority/minority opinion forward •reducing redundancies and repetitions between elements •public outcry against council actions removing programs •agendizing elements for council as only action item Cons •elimination of programs from comp plan by council •composition & selection of members •group way too large. keep to 11-15 members •negative attitude by some CA members when positions mentioned they did not support •consultants lacked Palo Alto view •too much paper •too long a process •city soliciting comments via open city hall •not involving chamber earlier •not sufficient group discussion when a new idea is brought up o we didn't catch on till later, how to champion or disagree o People not listening and thus bringing up same idea after it had been mentioned CAC Comments on Governance and Glossary May 12, 2017 Don McDougall A few comments: Introduction Major Themes, - Protecting and Sustaining the Natural Environment Second sentence “connected network of connected open spaces, parks, and green spaces” does not capture the idea and policies of the Element that the “connections” are important in their own right. Maybe “ network of open spaces, parks, green spaces and their connections”? Governance Goal G-4, Policy G-4.1 Maybe “encourage volunteers from youth to seniors”. “Including” implies that they need special encouragement where as youth and seniors do most of the volunteering today. It’s really a continuum of age groups volunteering that we need to encourage? Goal G-4, Policy G-4.1 Program G4.1.1 Maybe this could be more than one program or made clearer. “expand opportunities for volunteer assistance” – assistance to or by volunteers? Awareness of organizations seems like a good program by itself – and important. And recognition may or may not be part of the awareness. Goal G-4, Policy G-4.1 Program G4.1.4 If we’re going to reach out to the real estate community to develop a package (which would seem to be in their self interest, shouldn’t the program encourage their participation in helping as well? Glossary Should include “Preserves” since both the Baylands and Foothills are defined as “Preserves”, with the implication at least and the fact that they have different origins, purposes, protections and rules of use than “Parks”? CAC Comments on Glossary May 16, 2107 Co-Chair Arthur Keller Jobs/Housing Balance: remove this definition. It is incorrect and redundant with Jobs/Employed Residents Ratio. Moderate Income: reference area as Santa Clara County, as was done for Low Income Peak Hour: should reference morning or evening commutes, not daily. That is, there is a morning peak hour and an evening peak hour, not just a daily peak hour. Pocket Park: should indicate public dining. Private dining facilities are not pocket parks. Or maybe remove dining altogether as an explicit item. Ridge Trail: Can we get an updated figure, rather than using one from 1997? Santa Clara Valley Water District (SCVWD): Should reference that Palo Alto gets its water from the San Francisco Water Department. Should also define San Francisco Water Department, which gets its water primarily from the Hetch Hetchy Reservior. Transit-oriented Development: Should reference Pedestrian and Transit-oriented Development (PTOD), which is a Palo Alto-invented reference and refers to the California Avenue area as an optional overlay. Trip Reduction: minimize the necessity of driving alone or at all. Very Low-Income: reference area as Santa Clara County, as was done for Low Income. Please add this definition: Electric Vehicle Supply Equipment (EVSE): a device that supplies electrical energy for recharging an electric vehicle. Level 1 EVSEs use 110V AC power. Level 2 EVSEs use 240V or 208V AC power. Level 3 EVSEs provide even faster charging. CAC Comments May 16, 2107 Hamilton Hitchings Here is my in-place comments. Sorry its a little late. If you do not have time to print it, let me know and I can print it and distribute it. Citizen Advisory Committee Post-mortem Feedback by Hamilton Hitchings •The entire committee came to consensus on all the elements and was able to agree broadly on many topics including: o The need for affordable housing o The need to prevent the growth of single occupancy vehicle trips and improve alternatives o The need to reduce GHG o The importance of public safety and community services •For the few controversial land use issues the committee could not agree on we did a good job of laying out choices that represented the different points of view for the city council to vote on •The subcommittees were a big success and are a must have for next time •Staff should attend the subcommittee meetings along with the consultants •Out of the loop consultants not familiar with Palo Alto caused some problems initially •The committee was made up of a cross section of Palo Altans and there was a good effort to select sufficient representation from South Palo Alto •Despite having a 3 to 1 application to acceptance ratio, some committee members who were accepted eventually dropped out and a few others attended barely over 50% of the meetings •Better screening is needed and should include: o A higher level of up-front commitment from participants o PTC should have a voting seat o Stanford should have a voting seat o The Chamber of commerce should have a voting seat but it must be someone who represents the small businesses and not just the big and medium sized ones o More renters o More working parents with students in the Palo Alto public schools who are not from the developer community o Continue to ensure South Palo Alto is sufficiently represented next time o A concerted effort should be made to select members who accurately reflect the concerns of the community o Subject matter expertise should be one of the considerations (like Shani had on the environment, Arthur on transportation, Annette on emergency services, Elaine on transportation) which is very helpful for crafting programs and policies at the subcommittee level o Committee size should be reduce to 15 (22 was too many) o It’s a good opportunity for folks who are considering running for city council because they will learn so much about how the city works •There was not a good job of incorporating the PTC and the original draft. In the case of the transportation element, the PTC had significantly improved it. •Having City Council define the Goals was good but it would have been helpful if they provided more upfront guidance in-terms of their desired output and about specific policies they wanted to see or remove. Problem is it felt like 9 different opinions rather than one unified voice of the council •The coordination with city council was poor •City council’s proposal to remove all programs was disastrous •However, there should be a better mechanism to substantively incorporate city council feedback such as reducing the number of programs •More time should be spent up front solidifying the role of what the committee will produce and getting strong buy in •Have the City Council more closely follow the Comp Plan •More thorough review of citizen input and keep the public more informed about the status such as posting revisions to the elements online and allow citizen comments CAC Comments May 16, 2107 Ellen Uhrbrock To: Co Chairs Arthur Keller and Dan Garber CAC Comprehensive Plan 2030 Re: Who is Interested in your Opinions? Who do you call in City Hall? The job of recommending action on programs in the Comp Plan has been given to the Planning and Transportation Commission. Please encourage members of the CAC and public to attend meetings and share their comments with the PTC. Encourage members of the CAC and public to follow Palo Alto affairs on the city web site: Channel 26; You Tube; Daily Post and Weekly. I will encourage senior citizens to communicate with the city – and the PTC in person and on-line. CAC members can do this through local neighborhood Town Halls. The Comprehensive Plan 2030 can do this by including the names and contacts of staff responsible for each program included in the Comp Plan. Please keep the contact list current and up to date. The Council wants, needs and depends on public input. The public wants and needs to know – WHO TO CALL IN CITY HALL Thank you – Ellen Uhrbrock COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 1 of 35 TUESDAY, May 16, 2017 Rinconada Library – Embarcadero Room 1213 Newell Road Palo Alto, CA 94303 5:30 PM TO 8:30 PM Cover/Introduction/Governance Chapter/GlossaryCall to Order: 5:35 P.M. 1 Co-Chair Garber: Will the secretary call roll please? 2 Present: Garber, Glanckopf, Hetterly, Hitchings, Keller, Kleinhaus, Levy, McDougall, 3 McNair, Moran, Packer, Peschcke-Koedt, Summa, Uang, Uhrbrock, 4 5 Absent: Titus, van Riesen, Sung, Filppu, Nadim, Emberling 6 7 Oral Communication 8 Co-Chair Garber: Thank you. Welcome to the last meeting of the CAC. Several of you have to 9 leave early this evening. Can I get a show of hands of everybody that needs to go? I know that -- 10 Don, Doria, and Shani. Anyone else? Jennifer. I know that Don is leaving immediately. Shani, 11 you need to leave when? Ok. Jennifer, when do you need to go? OK. I had hoped to do the 12 continual learning piece – the feedback piece with as many people as we can so how many 13 people have comments on the – on our first agenda item? The action on the cover and 14 introduction governance chapter and glossary? I’m seeing one hand, two hands, three hands. 15 Well, maybe we can get through that quick and then I’m thinking that before we lose people, if 16 it all seems ok, maybe we could do the feedback first and then go to the other items. Is that ok 17 with people? Ok. With that – before we get into that. I’m not seeing anyone here for oral 18 communications from the public. 19 20 Staff Comments: 21 1.May 1, 2017, City Council hearing22 2.June 5, 2017, City Council Proclamation for CAC23 3.Next Steps24 25 Co-Chair Garber: Staff, you have some opening comments before we get to our agenda items. 26 27 Hillary Gitelman: Yes, thank you and thanks to all of you for your service on the Committee. I 28 hope you will make time to come to the Council on June 5th for a proclamation thanking the 29 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 2 of 35 CAC for its work. I don’t know exactly what time it will be but my guess is that it’s going to be 1 around 6 o’clock. It always happens right at the beginning of the meeting so you don’t have to 2 stay for the whole darn thing. We will get you more information about the exact time as the 3 day gets closer. Then, just really fast, I know the time is short and those of you who have been 4 watching know all the details here but on May 1st the Council received again your 5 recommendations on land use and transportation. Staff had made a bunch of changes based on 6 their earlier review and really tried to tighten up the programs and reduce redundancy and the 7 like; very well received. I think the Council made substantive changes you could count on your 8 hand. I mean it was really not a lot of substantive change. With transportation, they accepted 9 our recommendation about infrastructure improvements. A whole list that we included in the 10 narrative and they wanted a policy on automatous vehicles, which was something new and 11 great; we’re happy to add that. On land use, they really confirmed all of the policy direction 12 that they had waited on before and they like the way we – what we had done as a Staff is taking 13 a lot of the housing programs and policies that the CAC had worked on and grouped them 14 together towards the beginning of the element and they bought off on that. The new policy 15 that they asked us to add was about school impacts. That’s really a carryover from the existing 16 Comp. Plan so we’re working on language for that, which will go back to them when they see all 17 of the elements together on June 12th. Then last night – just last night they heard natural 18 environment and safety. Once again, very appreciative of the CAC’s work. Particularly the 19 subcommittee’s that worked really hard on that – on those elements. They did make some 20 edits and changes but nothing that kind of rocked our world. I think it was on the holes of a very 21 well received work products. They continued business and economics to next week so we will 22 be doing that at the Council next week. Then as I mentioned June 5th is a proclamation on 23 honoring all of you and then June 12th will the last Council opportunity to provide us with 24 feedback before they refer this to the Planning and Transportation Commission. Our hope is 25 that Planning and Transportation Commission will complete their work over the summer and it 26 will go back to the Council for final adoption in October. We may be calling on you, come this 27 fall, even though your work is done but we may want you to come back for a command 28 performance and support the Council in the adoption of the final work product that we’ve all 29 put so much time and energy into. That’s the wrap-up. Oh, and I know Annette wanted to make 30 sure that everybody was aware of a meeting that PAN is holding this weekend or no, next – the 31 24th, right? 25th? 32 33 Annette Glanckopf: I will just comment on it. One of the hot topics although, it’s sort of 34 diagonally related to the Comp. Plan but not 100% in the Comp. Plan is ADUs; Accessory 35 Dwelling Units. Next Thursday night, 7-9, Mitchell Park, Palo Alto Neighborhoods and Jonathan 36 Lait, who is Hillary’s number two, are going to be presenting. It’s not going to be a pro or con 37 meeting. It’s just going to be like let's get the facts. Nothing but the facts, ma’am so I think it 38 will be really interesting and there’s a lot of questions out there. Staff has done an absolutely 39 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 3 of 35 wonderful job of trying to figure out all the answers so it can be presented in just a very 1 forthright way. Arthur, I guess compliments also for his input to the process. 2 3 Co-Chair Garber: Hamilton. 4 5 Hamilton Hitchings: Hillary, this is – I don’t know how to ask this question but how much 6 change is the PTC going to make and what is that process like? 7 8 Hillary Gitelman: Well, the PTC’s role is to review and make recommendation – the PTC and 9 the Council recently met in joint session and Dori can tell you more offline but I think the 10 Council was pretty clear about don’t reinvent the wheel. We want you to do a review, we know 11 you can add value to this work product but you only have 90-days and we really don’t want to 12 rethink the big policy issues. That was their direction and we’ll have to see. We’re going to be 13 working with them pretty intensively over the summer to help them formulate a 14 recommendation and get it back to the Council in September. 15 16 Agenda Items: 17 1.Action: Cover/Introduction/ Governance Chapter/Glossary18 19 Co-Chair Garber: Ok. With that, rather than going down the line it seems like we only have a 20 couple of comments. Who would like to go first? Annette. 21 22 Annette Glanckopf: Say, I’m obviously technically unimpaired. Just really, I think most of the 23 comments I turned in are in writing but the one thing that I was struck with was that I was 24 reading through this and maybe it’s my older eye. Is that although this looks really nice but 25 when you start looking at some of these little green headings, I could hardly read them. That 26 might just be something to think about. Increasing the font size on those. I’m not so sure why 27 it’s smaller. Most of my other questions – I’ll just go through them really quickly. In the topic 28 meeting house – meeting residential and commercial needs. I wanted to a plug for locally 29 owned neighborhood serving businesses. I think we need to continually put that in the plan. I 30 was concerned that – especially after listening to Council go on and on about visionary, let’s not 31 have specific examples and meeting residential needs. There’s something in the first paragraph 32 about attracting businesses. Especially, in the areas of mobility and greenhouse reduction. I 33 thought that was being too specific. Not that we don’t want to do that, it’s very admirable but I 34 would like to see that wording eliminated because you could probably go through a whole long 35 list of things that you would like to attract. In providing a response of governance and 36 leadership. Most of my comments would be that there was an encouraging collaboration 37 among citizens, businesses and I think it should be neighborhood associations and local 38 officials. Neighborhood associations sort of got left out and I’d like to see that highlighted. 39 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 4 of 35 Again, this is already in writing. There was a table that is in the uses and organization of the 1 plan and there is some word table above. I don’t know how it’s all going to sort out when you 2 edit it but I would remove the word above so you make sure that the table -- it refers to table 3 one and so make sure that table one is really above the text as opposed to below it or on the 4 next page. In that section, the uses and organizations of the plan, I was really struck by the fact 5 that you wanted to omit this concept about the goal – they talked about goals – policies as a 6 specific statement of the principle of guidelines actions. It implies a clear commitment but is 7 not mandatory. I would like to see but is not mandatory left in there. I’m not sure why that was 8 omitted. I think that was very clear on what the Council said. In implementing the plan, I have a 9 question on that. Is there – there was some comment about prioritization and I didn’t realize 10 that we were really going to prioritize actual policies or goals. I thought maybe we would do 11 high, medium or low or year time frame and so on but if we aren’t going to do the prioritization 12 in the Comp. Plan, then I am not sure we need the statement that the City Council may change 13 the prioritization of programs through the regular 5-year cycle. I mean that’s always been a 14 Council prerogative so you just might want to look at that and make sure it’s consistent with 15 what the Council has. In the Governance section, basically, I have a couple places where I think 16 that neighborhood associations need to be called out and probably one of the biggest changes 17 that I would like to see is under Goal 4, Program G-1.4. They talk about new members – new -- 18 welcome people coming into the real estate environment. They talk about an appreciation 19 package and that wording doesn’t work for me. I would say a welcome package. I think that 20 really works better than appreciation and somehow, that seemed very marketing. You can read 21 the small little wording changes but basically, it has to do with the addition of neighborhood 22 associations and rentals. It says discounted rates but it also should say complimentary because 23 the neighborhood associations have had a long set of discussions with the City Manager and 24 Council about providing free meeting space to neighborhood associations once a year. I think 25 that would make it more accurate. 26 27 Co-Chair Garber: Ok, thank you. Jennifer, are you ready? 28 29 Jennifer Hetterly: Sure. I apologize, I wasn’t here last month when you all discussed the 30 Governance Chapter so I don’t have lengthy comments but I do have a couple. First, specifically, 31 Program G-3.1, the Staff report indicates that a specific reference to PAUSD was added but 32 there’s no reference to PAUSD. It’s about regional collaboration and I do think that needs to be 33 explicitly called out in the Governance Chapter. A bigger concern was sort of more generally, I 34 thought was really missing from this chapter was any discussion of maintaining public trust as 35 part of our Governance vision. That we want to have an inclusive, transparent, accountable 36 governance process and it seems to me that there ought to be something in there that goes to 37 those issues, which are important to everybody. Do you want implementation sections 38 comments now also? Ok. I just had a couple there also. On page – that’s the narrative I guess, 39 the introductory narrative? Yeah. What did I say? Something different. Sorry. Page 2 – the 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 5 of 35 bottom of page 2, maintaining and enhancing community character. In Council’s discussion last 1 – last Comp. Plan discussion, there was some talk about whether or not the Comp. Plan should 2 take a position on more or less or same amount of new development. I think the way this last 3 addition here, future land decisions will encourage sustainability – sustainable development, 4 infill within the urban surface area and neighborhood preservation. I think the intent is that we 5 want to – we want infill when it happens to happen in the urban service area but as it reads, it 6 looks as though it’s saying we want to encourage infill in the urban service area and it wasn’t 7 clear to me that that was Council’s direction. I would prefer to see it say limit infill to the urban 8 service area and I would like to see neighborhood preservation move to the middle of that 9 three-item list. Page 5 deletes that clause about thriving business community that serves local 10 residents and brings revenue to the City but not at the expense of the City’s residential 11 neighborhoods. I would like to see that clause restored. Finally, page 110, I’m not sure what the 12 motivation was or why there was a change from – in the second paragraph under implementing 13 the plan. There’s added language that – let me find the beginning. Decisions about 14 development projects, capital, and improvements etc. will be reviewed for conformance to 15 evaluate consistency with the plan. I think conformance was the old Comp. Plan language and 16 that’s been deleted. I’m not sure why we would change that from asking for conformance to 17 just evaluating whether there’s consistency. To me, there’s a substantive – different meaning 18 between those two phrases so I would I like to see conformance restored. Thank you. 19 20 Co-Chair Garber: Thank you. Dori and then Hamilton. Where their others after Hamilton? Shani. 21 22 Dori Summa: Thanks. I’m sorry, I also missed the last meeting but with regards to the 23 Governance Element. The general tone of it kind of surprised me because it seemed to be 24 about development and planning, more than governance. I would like – I think I agree with the 25 previous two speakers. I thought a sense of the responsibility and the trust that the electric 26 places into – places on elected officials were kind of missing in this and I would like to see more 27 of that. Also, I thought there was too much of an emphasis on regional responsibilities. With 28 regards to the specific phrase that Jen just mentioned, I would like to see that included also but 29 you know, promote commerce but not at the expense of residential neighborhoods. I thought 30 the comment about mobility areas and greenhouse gas reduction areas that Annette 31 mentioned was kind of funny because I don’t think of greenhouse gas reduction—it’s not like 32 you can contain that to an area. It’s every place and you can’t even contain it to Palo Alto so 33 that – so, I thought that could have been worded better. I understand that some of these 34 comments are holdovers from the previous plan but I do not – there’s a bunch of stuff about 35 giving Boards and Commissions more decision-making authority, which I understand was in the 36 old plan but I think it should have been taken out because it’s inconsistent than with the chart 37 that describes – below that describes the Boards and Commissions duties. The Planning 38 Commission and the ARB are advisory bodies, especially the Planning Commission I think, so I 39 think those – I think that could be improved. Yeah, I thought the general tone was not as much 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 6 of 35 about the duties and responsibilities of governance as much as it was sort of about reiterating 1 things about planning and development efficiencies. Then, I’m – I feel a little bit like at the end 2 here we got really rushed and I understand that everybody wants to keep it on schedule for the 3 Council and the Planning Commission but I think it’s a little unfortunate that we didn’t have a 4 subcommittee for governance. That we really had no time to do any correlations of the 5 elements across the entire Comp. Plan. Thanks. 6 7 Co-Chair Garber: Hamilton and then Shani. 8 9 Hamilton Hitchings: First I want to agree with a couple points from the previous speakers. 10 Dori’s point on the Commission and Board and Committee duties and updating that language. 11 The second is on the difficulty of reading; you know I had a really hard time reading this too. 12 The black on the dark green in the really small font is tough and my eyesight is not that bad so I 13 think that would be helpful if it was a little easier to read. My primary comment though is not 14 my own. I wanted to read a letter that was submitted by one of the members of the 15 community, Nielson Buchanan. I’d like my last words on this Committee not to be my own but 16 to be those of somebody else in the community. I’m just going to read his letter, which – since 17 he is out of town today. I strongly urge everyone to take in the heart -- to heart and mind a key 18 value statement in the current comp plan. To paraphrase, currently there is a prominent 19 statement that city strives to promote commerce but not at the expense of residential 20 neighborhoods and then he adds, in the quest of modernizing the comp plan I hope leaders and 21 Council will note and amplify this statement. This statement should be positioned in the 22 introduction to the Comp Plan. That’s my comment. 23 24 Co-Chair Garber: Thank you. Shani. 25 26 Shani Kleinhaus: I agree with Dori and Jen on their comments and also, with Hamilton. My 27 comments are about the glossary. Can I go into those? 28 29 Co-Chair Garber: Yes. 30 31 Shani Kleinhaus: Ok, so the first one is the creek setback. In Palo Alto, it’s defined on top of the 32 creek bank; like the exact top of the bank. Every other community, including the agencies that 33 look at that, define the top of the bank or the drape line of the immediate riparian vegetation, 34 whichever is wider. That way you actually protect the drape line and riparian vegetation as well 35 so I think that should be here because that’s the custom for every community except for Palo 36 Alto. I did the drape line so that’s on page 13. On page 21, green infrastructure, I think adding 37 connectivity for wildlife. We’ve talked about that and potentially – yeah, adding to the green 38 infrastructure. First, it talks about nature features but often it’s constructed features like we do 39 things for swells for water – storm water and things like that. It’s not all natural. Some of it is 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 7 of 35 actually architecture or designed but the wildlife connectivity here is very important so maybe 1 both these things. Page 41 talks about resilient or resiliency and I think the word ecology is 2 missing. So, a system to absorb defective climate change, maintain – I think ecological function 3 – ecology function shows also be part of that; not just human function. I’m not sure that we are 4 only talking about climate change. I think there are a lot of different things that deal with a 5 resilience that has to do with dealing big (inaudible). There could be a flood, it could be an 6 economic downturn, it could be a lot of different things and they’re not all natural. Those are – 7 I think that’s what I had. One more, the definition of the creek on page 12. It talks about natural 8 water courses flowing from the hills to San Francisco Bay. Usually characterized by distinct 9 channel and a band of dense vegetation along the banks but we’ve discussed urban creeks as 10 well. Even though they are in concrete, they are still creeks and we wanted to treat them 11 differently but we don’t want to ignore them so I think we need to have – maybe split that in 12 some way into two types of creeks. That’s it, thank you. 13 14 Co-Chair Garber: Thank you. Arthur. 15 16 Co-Chair Keller: Thank you. I think I really appreciate the work of Staff and the work of this 17 Committee. I think it was a hard – a lot of work that we did over about 1-year and a half, give or 18 take. I also would like to agree with pretty much the comments that have been made in this 19 session just now. I’ll just add to what Shani said just a moment ago because I do think we 20 should think about channelized creeks which are in concrete versus creeks that are more of a 21 natural riparian kind of setting. That also needs the distension between those that are – like San 22 Francisquito Creek, which is a more of a natural setting. Some of the creeks that go through 23 Barron Park, some of them are more natural and some of them are less natural. Then west of 24 Foot Hill Expressway and I think those distinguishing tried to be captured to some extent and 25 then there was a whole discussion about it at the City Council the other night. I think that 26 clarification in this definition would be helpful. I also provided some definitions – some 27 improvements to definitions which I assume are not controversial in my comments but I’m not 28 going to repeat them. One thing that I mentioned was electric vehicles supply equipment, 29 which is useful because of – in the Transportation Element and it’s not defined properly there 30 so that could be used there. I, basically, think that it’s great that we’ve got to this stage and I 31 look forward to hearing your comments in the next portions about where we go from here. 32 33 Co-Chair Garber: Just a couple of quick ones for me. It is not clear to me whether we need 34 potentially two additional items in the glossary. One is the definition of the applicant and the 35 other one is the definition of the property owner. I don’t know if we use that language in 36 particular in the Land Use Element but if we do, it would be worth defining those as a way to 37 help people not always use the word developer. Which we tend to use like Kleenex and it loses 38 meaning. My other comments were nits but I did want to agree with the meeting in resident – 39 meeting residential and commercial needs. My sense there is that there needs to be a stronger 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 8 of 35 emphasis on the interest of the residential neighborhoods and the residents first before the 1 commercial ones. I think that’s pretty consistent with the view of this Committee. Annette. 2 3 Annette Glanckopf: (Inaudible) 4 5 Co-Chair Garber: That was my last one so goes ahead. 6 7 Annette Glanckopf: Well, I just have to comment on what Shani said. We really need to look at 8 the resilience definition. To be honest, I did not look and read every single one of these 9 definitions and I applauded Shani for doing so but that has nothing to do with – we use the 10 term all the time in emergency preparedness so let me get a better definition for at least that 11 component. If everyone is agreed to a -- and we can – that should be added. 12 13 Co-Chair Garber: Ok, I’m not seeing anyone – oh, Ellen. 14 15 Ellen Uhrbrock: (Inaudible) 16 17 Co-Chair Keller: Microphone. 18 19 Ellen Uhrbrock: Please add to the glossary a definition of a stakeholder. 20 21 Co-Chair Garber: Ok, if there’s nothing else. I’m sorry, what? Arthur. 22 23 Co-Chair Keller: It’s interesting that the definition of resilience really – in here that’s on page 24 45, talks about resilience with respects to climate issues. Future effects and maintain the 25 function of climate change. That was different from, I think, the definition that people talked 26 about at Council. They were talking about with respect to the Public Safety Building last night 27 where resilience was to respect of things like earthquakes, natural disasters, floods, terrorist 28 attacks and things like that. I just wanted to postscript that to what Annette just said. 29 Co-Chair Garber: Alright, I’m not seeing any other people that would like to speak. May I enter 30 – would someone like to make a motion to recommend this to the Council? Hillary? 31 32 Hillary Gitelman: I would just like to clarify. I think the easiest thing to do would be to get a 33 motion to transmit these drafts with the CAC’s comments. I don’t know that we’re going to be 34 able to do another iteration before the 12th. If we can, we would but if not, we will do what we 35 did in the prior elements which were transmitted your comments and the transcript. Arthur? 36 37 MOTION 38 39 Co-Chair Keller: I move that the CAC recommend adoption of the… 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 9 of 35 1 Co-Chair Garber: Cover, introduction, Governance, glossary. 2 3 Co-Chair Keller: …the cover, introductions, glossary and Governance to the Council. Give the 4 CAC – give the Staff discretion to be able to include the non-controversial things that we talked 5 about tonight and the comments submitted tonight. Transmit that the Council along with our 6 minutes and notes. 7 8 Annette Glanckopf: Second. 9 10 Co-Chair Garber: Seconded by Annette. All those in favor, raising hands? All those opposed? 11 None. Any abstentions? One abstention, Jennifer. 12 13 Jennifer Hetterly: I would like to abstain just from the Governance section since I hadn’t 14 participated in that process. 15 16 Co-Chair Garber: Far enough. Ok. 17 18 MOTION PASSES 15-0-1 19 20 2.Discussion: Online Comp Plan and User’s Guide Brainstorm*21 22 [Committee discuss the 3rd item first] 23 24 3.Discussion: Lessons Learned and Future Improvements*25 Co-Chair Garber: If I may, I would like to take a few minutes here and talk about goals and 26 pluses and deltas, is that is ok? 27 28 Co-Chair Keller: Are we talking about – I thought we were talking about the lessons. 29 30 Co-Chair Garber: We are going to do the goals first because several people have to leave. 31 32 Co-Chair Keller: Ok. 33 34 Co-Chair Garber: Then we will go back to that. I am now walking over to something called a flip 35 chart. So, I wanted to sort of collect our goals here and have a brief discussion/query of you as 36 to how close we have gotten to any of those and I would like to collect our pluses and our 37 deltas, which both Annette and Hamilton have actually – do we have those At Places? Ok, great. 38 The two – Arthur and I had talked earlier and the two goals that we had going in where define 39 consensus where possible and where it isn’t, collect all views of the topics discussed and report 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 10 of 35 them to the Council for action as opposed to debate them as we had talked about previously or 1 argue – had a constructive conversation about it at the very beginning of this process. The 2 second one was to create a safe place to talk about these issues so we all felt comfortable 3 sharing our views. Are there other goals that we should be putting up here? Arthur, if you could 4 so I don’t have to look behind my head here. 5 6 Co-Chair Keller: Sure. Anybody who wants to speak? Bonnie? Microphone. 7 8 Bonnie Packer: Is there something At Places that I am missing? 9 10 Co-Chair Keller: There’s a memo that was in the back of today’s packet and the memo talked 11 about homework and it was also mentioned in the Staff report. 12 13 Bonnie Packer: I don’t have part of this (inaudible). Oh, in the packet. 14 15 Co-Chair Garber: I wanted to go back to our very beginning and remind ourselves what it was 16 that we were going to achieve. 17 18 Co-Chair Keller: Maybe for the benefit of this group, I’ll read the memo. Shall I do that? 19 20 Co-Chair Garber: Sure. The first item is going to be taken as one of the separate items so you 21 can skip that. Just go to number two, three and four. 22 23 Co-Chair Keller: It says goals, the Co-Chairs sincerely hope that you will join us for the last CAC 24 meeting. As part of our final meeting, we are organizing our discussion of the continual learning 25 agenda item into the following parts. One is one that we will talk about later. Two is Goals. 26 What were the goals the committee was to attain when it started? The co-chairs will share their 27 understanding of these goals with the group and then ask for other committee members for 28 their understanding of what these goals were. The co-chairs will then lead a brief discussion to 29 learn how well these goals were met – or not. Then (inaudible) pluses and deltas, we’ll talk 30 about that later. 31 32 Co-Chair Garber: Yeah. So, where their other goals other than these two that we had? Lisa? 33 34 Lisa Peschcke-Koedt: I think -- broadly for what we are doing here, correct? 35 36 Co-Chair Garber: Very broad. 37 38 Lisa Peschcke-Koedt: Alright. Then, it was certainly to review the policies that were coming 39 from the City and provide our input to the programs. So, to the – more to the implementation 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 11 of 35 part in the programs. I think that was a clear one that we were given. I’ll come back later to was 1 that a pro or was that con but it was clearly a goal. Then, I think another one was that we all 2 had was – it goes to a safe place, which was we all got to share our views, right? There wasn’t 3 just one person talking all the time or something like that. Those were the two. 4 5 Co-Chair Arthur: Anyone else? 6 7 Co-Chair Garber: Ellen, you had your hand up? 8 9 Ellen Uhrbrock: Will you read the goals again? I can’t really… 10 11 Co-Chair Garber: You can’t read my writing? 12 13 Ellen Uhrbrock: No. 14 15 Co-Chair Garber: The first one was – it’s long and I just abbreviated it up here. 16 17 Ellen Uhrbrock: That’s good. 18 19 Co-Chair Garber: Find consensus where possible and where it isn’t, collect all views of the 20 topics discussed and report them to the City Council for action. 21 22 Ellen Uhrbrock: Ok. 23 24 Co-Chair Garber: As opposed to resolving them here. 25 26 Ellen Uhrbrock: Alright. 27 28 Co-Chair Garber: Create a safe place to talk about these issues so that we all feel comfortable 29 sharing our views. Those were the two that the Co-Chairs had offered initially. Then the ones 30 that Lisa just mentioned where to – that we were to review the policies and give input on 31 programs. That we all got to share our views, which took us a couple meetings to figure out. 32 Shani? 33 34 Shani Kleinhaus: Listening to the… 35 36 Co-Chair Keller: Microphone. 37 38 Shani Kleinhaus: … and getting public input, is that in there? 39 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 12 of 35 Co-Chair Garber: Ok. Hamilton. 1 2 Hamilton Hitchings: This is a little bit heightened – might be to high level but I mean I feel like 3 the goal was to do the long-term plan for Palo Alto to provide a stewardship for – to try and 4 create really the best possible future that we can for Palo Alto by setting the policies that are 5 within the control of the City. 6 7 Co-Chair Garber: Create best possible future, is that ok and it’s probably not spelled correctly. 8 Jennifer. 9 10 Jennifer Hetterly: In the create best possible future on a more granular level, my understanding 11 was that our purpose was to integrate both public and input and PTC input and the existing 12 Comp. Plan in a satisfactory manner. 13 14 Co-Chair Garber: Integrate existing Comp. Plan and PTC input and public. Ok. Anyone else? 15 Annette. 16 17 Annette Glanckopf: A simple goal was just getting it done. I mean that’s getting it off the table, 18 right? Also, getting it approved maybe. 19 20 Co-Chair Garber: Ok. 21 22 Co-Chair Keller: Stephen. 23 24 Co-Chair Garber: Stephen. 25 26 Stephen Levy: We had two different… 27 28 Co-Chair Keller: Microphone. 29 30 Stephen Levy: … it is on. 31 32 Co-Chair Keller: Ok, maybe just a little closer then. Thank you. 33 34 Stephen Levy: We had two different Council that appointed members. We did not appoint our 35 members. There are lots of comments in the notes, Hamilton, and others, that I agree with. If 36 the goal was – it should have been to have a Committee that was a representative of the 37 residents and others in Palo Alto. That was a failure and it hamstrung this effort. There was one 38 renter, there was one person, Ellen, who represented the senior population. The Chamber was 39 not represented, business was not represented, developers were not represented. We had a 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 13 of 35 [phonetics] [curphufal] to whether Whitney and Heidi and Arthur were voting members or not. 1 It was a failure to me. 2 3 Co-Chair Garber: Ok, so the… 4 5 Stephen Levy: …and it affected everything. 6 7 Co-Chair Garber: Members are – where… 8 9 Stephen Levy: That wasn’t our goal because we didn’t control it. 10 11 Co-Chair Garber: Understood but the question here is was the membership representative of 12 the City? Bonnie. 13 14 Bonnie Packer: Yeah, I agree with Stephen. One of the things that I was hoping as a personal 15 goal and it's sort of related to share views and that was to learn from one another about 16 different views. What we failed to do was to have a process where we could have meaningful 17 dialogs with respect to the views. It just – just now, when people had some good comments 18 and some I could agree with 100% and some maybe I could agree with 70%. There was no 19 opportunity to have a discussion on the individual comments because the way the meetings 20 were structured, it was this boom, boom, boom. Somebody said something, somebody said 21 something else, somebody said something else. Except in the Committees, at these Tuesday 22 evening meetings, we did not have an opportunity to have an in-depth discussion on some of 23 the issues. It could have been better – I don’t know how it could have been arranged better but 24 that was another area where we shared views but did not adequately discuss them. 25 26 Co-Chair Garber: I’m going to paraphrase that. 27 28 Bonnie Packer: I also would have hoped that we could have all learned from each other from 29 our different perspectives and of course, had this – the appointees had been from a more 30 diverse representation of the community’s interest. We could have even learned more and to 31 respect other – different viewpoints and grow from learning about those different viewpoints 32 and not get stuck in our way. That was one thing that I was looking forward too. I think to some 33 extent, that was a success but because we are not completely representative, it wasn’t a great 34 success. 35 36 Co-Chair Garber: So, the way that I have paraphrased this is where did we learn from others 37 and there’s a spectrum of CAC and subcommittees so we can come back to that, perhaps. 38 39 Annette Glanckopf: Is that a goal, I mean… 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 14 of 35 1 Co-Chair Garber: I’m not sure it is but it’s worth measuring I think. 2 3 Annette Glanckopf: I think it’s important but… 4 5 Co-Chair Garber: Yeah, I’m going to allow it. Elaine. 6 7 Elaine Uang: I’m not – well, it – I just – I’m not sure this is necessarily a collective goal but I 8 think just building off of what Bonnie was saying. I think a personal goal that I would have liked 9 to have seen fulfilled a little bit better was just a collegial environment and getting to know 10 everybody a little bit better on a more personal level because I think that is what kind of 11 facilitates that sort of learning opportunity. I had hoped, I guess initially, that this was a place 12 where we could all get to know each other much better. 13 14 Co-Chair Garber: Did I – Did we get to know each other better? Ok. Annette. 15 16 Annette Glanckopf: Well, I just wanted to add to what Elaine and Bonnie said. I think both of 17 these are excellent and I actually would agree with my own personal goal and I’d maybe make it 18 in the personal comment. I was really struck by a conversation I was having with another 19 Committee and I wonder if the next time through – this is sort of off-topic but it’s relevant to 20 this point. When the Cubberley Committee, I know Bonnie, you were on that, met, they took 21 the areas that they were going to be looking at and they split all the members into groups. So, 22 you would take each element and you’d split members and you’d have to work on the 23 composition to get the right selection. That's really where they did all the dialog and the sharing 24 and they got to know each other and they really had that vital conversation. Then that group 25 came back to the bigger group and presented. This is really sort of a suggestion for the future 26 and I don’t know if we can do that because of various reasons with the Comp. Plan but if we 27 had done it that way, we would have all gotten to know our group much better, we would have 28 gotten to share our views and probably learn from each other. I thought that was an excellent 29 way to go. 30 31 Co-Chair Garber: The process that they used again, just in brief. 32 Annette Glanckopf: It’s a little different, I don’t know. Bonnie can talk to how they split them 33 into groups but there were a number of different areas that the Cubberley Task Force was 34 looking at… 35 36 Bonnie Packer: (Inaudible) 37 38 Annette Glanckopf: Pardon? Oh, I thought you were. Ok. Jen was. Ok, Jen can talk 39 about…(crosstalk) 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 15 of 35 1 Co-Chair Garber: This was where working groups and the working groups came back together. 2 3 Annette Glanckopf: ...but the concept would be here, for the Comp. Plan is each one of the 4 elements that we’re looking at. We would have a subgroup for maybe some of the smaller ones 5 anyway and make sure the composition in that group was balanced as Bonnie described. Then 6 they would report back. Jen, do you want to comment on how… 7 8 Jennifer Hetterly: Yeah, I think… 9 10 Co-Chair Garber: One moment Jen. Let me just get Stephen because he was before you. 11 12 Jennifer Hetterly: Oh, of course. 13 14 Co-Chair Garber: Go ahead. 15 16 Stephen Levy: I think maybe Hamilton… 17 18 Co-Chair Keller: Microphone. 19 20 Stephen Levy: …one – it’s on. 21 22 Co-Chair Keller: You just need to be a little bit closer if it’s on. 23 24 Stephen Levy: One challenge was the size. The size combined in retrospect – the three-minute 25 of everybody going around the room didn’t work; it took up too much time. My own perception 26 was basically talking at each other. In our business and economic subcommittee, we had the 27 very shortest element. We had what two, three- hour meetings or three meetings but it felt 28 really good. In the Land Use Committee, we had really different opinions but it felt better. I 29 think we were cramming too much into an agenda to have a conversation. We have two or 30 three meetings on elements that were very, very long and it was hard. I mean, the 31 subcommittee atmosphere felt a lot better; a lot more collegial to me. Maybe it has to do with 32 the size. 33 Co-Chair Garber: Ok, good. I captured the discussion process in size over here. Anything else? 34 Shani. 35 36 Shani Kleinhaus: (Inaudible) 37 38 Co-Chair Keller: Microphone. 39 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 16 of 35 Shani Kleinhaus: (Inaudible) 1 2 Co-Chair Keller: Microphone. 3 4 Shani Kleinhaus: We tried to see some of the comments like you only go once. Remember 5 those cards? Like green, if you like what somebody says and red if you don’t like it. We tried to 6 do other things and they didn’t go very well. I think we can keep that in mind that we did try to 7 create more or Staff suggested a variety of ways to facilitate more discussion. They either 8 would have taken a lot longer than we have or we didn’t like them and so I’m not sure – you 9 can’t know everybody. I think we need to look at the product and to Stephen, you feel that 10 there were some that were not represented. I can think of a lot of subcategories of me that 11 were not here, right? Like the things that I care about. I would have liked to see six more people 12 from different groups and some that know about toxins and others – they weren’t here. So, we 13 had one person more or less look at environmental issues and I think you represented those 14 groups really well. I don’t know that you need a lot more people to represent one type of thing 15 because we already had like you said, too many in a way. That’s all. 16 17 Co-Chair Garber: Ok, I – oh, Dori? 18 19 Dori Summa: Shani kind of said what I was going to say but I think given the constraints of the 20 time frame, which was not something that we got to decide at all. I don’t really see how it could 21 have been much different. We probably should have spent twice as long on this and had many 22 more subcommittee meetings because they were more productive just purely because of the 23 numbers. That’s all. 24 25 Co-Chair Garber: Ok. I’m going to go quickly through – oh, Whitney? 26 27 Whitney McNair: I would just like to say that I was thinking about that I agree. I think the 28 positive was the subcommittee as well. I think more of the discussion came out at the 29 subcommittee and there was a willingness to listen to different opinions but I think the size was 30 one component of it. The other thing is that subcommittees were done sort of by issue or topic 31 and it was different when it got back to the collective CAC. It was more like a group edit session 32 over and over again. We were able to dive into issues in the subcommittee and I think that was 33 helpful to further different ideas. 34 35 Stephen Levy: One other thing, Dan. 36 37 Co-Chair Garber: Yeah? 38 39 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 17 of 35 Stephen Levy: The length of the sections and the number of programs and policies in some 1 sections led to an editing complex or an editing focus. I had thought originally that we were at 2 more division and policy level and not expected to rewrite every line or every third line in the 3 Comp. Plan. That would – it felt like it devolved into me, except for the very few policy issues 4 where the Committee did achieve its goal of offering differing opinions when we had differing 5 opinions like on the height limit. I think the structure of the thing got into this language about 6 this word or that word rather than what kind of City do we want. 7 8 Co-Chair Keller: Dan? 9 10 Co-Chair Garber: Arthur. 11 12 Co-Chair Keller: A few things. Firstly – 13 14 Bonnie Packer: I just have one more thing. 15 16 Co-Chair Keller: Yeah, I haven’t talked at all. One thing is that the process of appointing the 17 CAC was flawed. First of all, I agree with the premises that were made that it should only be 18 residents and that there are other people who are a representative that aren’t voting. They 19 don’t live here, they work here or they do other things here but it’s essentially just like the 20 Planning Commission – Planning and Transportation Commission; they are required to be 21 residents. I think it makes sense for the CAC to be comprised of residents. I do think that what 22 happened is the City Manager appointed the CAC and it was done in a way that was skewed in 23 various ways. So, the Council had to correct that and appoint new – additional people, which 24 essentially made it – made the group even more unwieldy. Now I note that the previous Comp. 25 Plan, which was finished in 1998, it was started in 1992 and it was a Committee of 37 people. It 26 was a larger Committee but on the other hand, it had a longer charter. What happened here is 27 that the whole process was in some sense confused. There was a PTC process that went on for 28 four, five, six years. Then there was a CAC process that was expected to last a year, year and a 29 half and it lasted more like 2-years. I think that they were unrealistic expectations of how long it 30 would last. There where – I think it would have been better if the Council had – when it formed 31 the CAC, had articulated what it’s goals were in terms of who should be appointed and what 32 kinds of representation was needed. Maybe even the Council should have appointed it because 33 after all, they are worried about not – a Council appointed thing would have to be a Brown Act. 34 We wound up being Brown Act anyways, so it would have been better if they have just gone – it 35 would have been faster if they had just gone through it and appointed us in the first place and 36 had the appropriate balance; is what they should have done. I also think that in a group of 21, 37 25, 37; in a large group, it does not make sense to have us be able to do detailed deliberations 38 here. It would not – just as Shani mentioned, we really didn’t have an alternative in terms of 39 how we do it, other than giving everybody a fair share to speak. We experimented with that 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 18 of 35 and we experimented also with the idea of having more of a discussion afterward where people 1 could raise their cards. I think that that balance between everybody speaking and people 2 commenting afterward and a discussion was helpful when we were dealing with one element at 3 a time. When we had more than one thing on the agenda, the topics – the popcorning 4 afterward didn’t work very well because they were – tended to be abbreviated so we couldn’t 5 have one round of everybody commenting and enough time to popcorn on that. We were sort 6 of – we spent a lot of time on land use and transportation, which I think were really important. 7 Those are perhaps the most important elements. We talked about integrating them and we 8 never did. Not clear to Council to integrate them. Maybe the Planning Commission will look at 9 them as an integrated unit but I’m willing to bet that it won’t happen. I think we took – we 10 looked more at the 1998 Comp. Plan. I think we did not take enough advantage of what was in 11 the PTC recommended drafts. There was a lot of work there. It was done intensively over a 12 period of years and I think we would have been well served to have done more work based on 13 the PTC draft. Not all of it was good but it was more – it was an intensive amount of work that 14 we essentially, largely abandoned and didn’t start – not completely starting from scratch but 15 essentially didn’t start from there and I think in retrospect, that would have been a better thing 16 to consider in detail. I think that it would have been more helpful if in terms of the public 17 commenter – the public commenter was – we had at the beginning, we tended not to see much 18 of it until later on. The questions were kind of diffuse and it was not clear. The question – to 19 extent that when the public commented, it was not clear how to actualize their comments. 20 They weren’t encouraged to make comments on specific programs or policies; they were high 21 level. It was not clear sometimes what the comments really meant or what they were talking 22 about. I think that to some extent that when we think about this, let’s think a little bit – maybe 23 next time let’s think a little bit more about how we incorporate public comments so that we can 24 ask them more specifically to comment on particular things that they would like to see and 25 particular things that they would like to change. I do think that there are opportunities for 26 being at a high level and perhaps we could have done more about that at the very beginning. 27 Maybe we could have had a meeting before we got into any of the elements where we had 28 some high-level discussions about that – about what we see as the future of this City. I’m 29 guessing that we would have had, for 25-people on the CAC or 24, we would have had 24 or 25 30 views. I think that there would have been that much difference in terms of that and I’m sure 31 what that would have happened. Except maybe brought out some high-level issues for us to 32 think about. I think that in some sense, the main thing that I would do differently is one, I would 33 take more advantage of the PTC’s work. Two, I would have had a plan to have this take more – 34 a longer time anyway rather than the rush. We sort of extended the time anyway and then we 35 rushed at the end. I think we should have been more realistic and I think the next go around 36 should be more realistic about how long the process really takes. 37 38 Co-Chair Garber: Hang on, I wanted to get… 39 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 19 of 35 Bonnie Packer: It’s a follow-up of exactly what he said. 1 2 Co-Chair Garber: Ok, quickly and then Dori and then Julia. Ellen, did you have something more? 3 Then Elaine and then Lisa and Whitney. (crosstalk) 4 5 Bonnie Packer: Ok, I just want to – because I was a graduate and alum. of the… 6 7 Co-Chair Garber: First one. 8 9 Bonnie Packer: … the 37 – oh, wait, am I on? Yeah, I’m on. Of the 1992-1997 Comp. Plan 10 process and what you said Arthur, that’s exactly what happened. It was – we started out with 11 vision – big vision – 37 of us, we started out thinking the really high level and then we were 12 given like classes on architecture 101 or zoning code 101. All the members of the – we were – 13 got a lot of information to go with. Then we broke into subcommittees on issues and we had 14 good substantive discussions. Then after all that stuff got put in, then there were Committees 15 that did the editing; they actually did that and that was in subcommittee. I don’t remember all 16 the details but for the future Comp. Plan, somewhere there may be a file of how previous 17 Comp. Plans were done and you might – somewhere, these comments – because exactly what 18 you said Arthur is what happen in the previous Comp. Plan and how that was developed. We 19 started the high level. We had a swat analysis and it was really exciting and you got a lot of 20 input from the public. Now the PTC work might have been good but that had no public input 21 and that was – it had very little. There were two – I understand that there were two people on 22 the Committee when PTC got together and it was some stuff and I looked a lot of that in the 23 beginning of this. I had the PTC book that you gave us and we did try to integrate it or at least I 24 did. I looked at that and I think the Staff did. Anyway, I recommend to Staff that we have future 25 Comp. Plan processes have a file somewhere so our comments are not lost. So, I agree with 26 what Arthur was saying because I experienced it and it was good and that was the Comp. Plan 27 that we looked at. 28 29 Co-Chair Garber: Previous to this one. 30 31 Bonnie Packer: That was a pretty good plan and we only had to really change it a little bit really. 32 33 Co-Chair Garber: Thank you, Dori. 34 35 Dori Summa: Really quickly because I have to leave. I don’t think it was the best process. I don’t 36 think it was the worst process. I think one of the problems was that the people that were 37 chosen to be on this Comp. Plan where chosen mostly, almost all of us, because they had 38 predictable and reliable points of view that were already expressed. I’m not sure that was really 39 the best idea. It’s a little overly politicalized for my taste but I would really like to – as I have to 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 20 of 35 leave, I would really like to thank the Staff especially and the Co-Chairs who tried, I think, really 1 hard to make this be as good as a process as it could be. Yeah, you get another – come to the 2 Planning Commission, you get another cut at it. 3 4 Co-Chair Garber: Dori, thank you. Shani, you are taking off too? Thank you too. Julia. 5 6 Julia Moran: So, a couple things are that it looks like we’ve gotten – gone past goals and onto 7 pluses and so… 8 9 Co-Chair Garber: We kind of went there, didn’t we? 10 11 Julia Moran: …I decided to jump in. I would say again, this is more of a Council appointing 12 versus us as a Committee but I think it seems that -- or the City Manager. The appointments 13 were made, it seems to me, a little to politized in a way and too focused on the Land Use 14 Element. I mean, it seems pretty clear that the reason why five more people were added on 15 and the imbalance had to do with that element. Although, I would say all of the elements are 16 significantly important and you’re – we missed the diversity in those other elements because 17 we were so focused on that. With that, the – I mean when there – I think that we need to – if 18 we want to have more diversity on our – on these, we need to change the application and 19 change the outreach. I saw the application the first time that it came out and I said, I haven’t 20 been on enough Commissions and Committees. I’m not going to get this, I’m not going to apply 21 for it. Then, so you know, I didn’t do it and then the second round came out and said they 22 wanted people under 35, renters, and south side of Palo Alto. I thought about it and realized 23 that if I don’t apply for this, no one like me is going to apply for this because we just don’t fit 24 the criteria. The application needs to be changed if you realistically want people younger, 25 renters, to be a part of these Committees. Secondly, the Council needs to do a better job. The – 26 those three criteria, they picked five people to add to the Committee. None of them were 27 under 35, none of them are renters and I assume most of them were from the south side of 28 Palo Alto. I was picked as the sixth person to replace someone who had been taken off. If 29 you’re going to say that that is important to you, follow up on it and add those people. I mean 30 again, none of you are part of that decision but I think that absolutely needs to be pushed 31 forward in future Committees if that’s actually something that’s cared about. I wish – we’ve 32 talked about a few things that we wish we had done at the very beginning. I remember one of 33 the first meetings, maybe two meetings, we spent so much time on how we were going to 34 structure the meetings and how many minutes we were going to get and I wish we would have 35 spent more of that time on what we wanted the structure of the Plan to be in. I know that was 36 – it was difficult because of there – the Council has a way that they want to see the Plan and we 37 kind of realized through the process that we might want it to be a bit different. I think it would 38 have been incredibly useful to have a better working meeting with the City Council and really 39 worked through instead of trying to guess what they really meant or didn’t mean in a more 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 21 of 35 casual setting. How much should we flush out these programs and what should we be focusing 1 on? I think a lot of that was guess work done towards the end and I think the Chairs did a good 2 job of clarifying a lot of that but it would have been nice to have that from the beginning; a bit 3 more structure. As for – just a quick comment on the – or antidote, on the safe place goal, we 4 also talked about those red and green cards. I think that the Committee did work really hard in 5 making this a safe space. I thought it was fantastic when we had those red and green cards and 6 it was horrible. Everyone agreed that it just felt nasty and regardless of whether we have 7 different views or not, no one wants to hold up a giant red x saying (made a sound). I 8 appreciated that about the group. Thanks. 9 10 Co-Chair Garber: Whitney, I think you were next. 11 12 Whitney McNair: We had – let’s see. There are two goals, one was to create a way to share 13 different viewpoints and one was to create the best possible future for the City. Those are two 14 that you wrote up there. I had this down – I had written down my lessons learned and 15 something that was just raised really, that I feel the needs to voice it. It’s a little bit of a popcorn 16 but I’m going to say it anyway. I see the City as a balanced ecosystem. It is – has different 17 entities and different uses for different purposes. To say that only residents should be involved 18 in a process for a City, I think is pretty short sided. For me, I represent the largest landowner in 19 the City of Palo Alto and one of the largest employers in some – an entity that is not leaving. It’s 20 going to be in Palo Alto forever. I think companies that choose Palo Alto, they choose it for a 21 reason. They are invested in the future of Palo Alto. Many of their employees live in Palo Alto 22 and they want to know what’s happening in Palo Alto too. There shouldn’t just be an automatic 23 distrust of their knowledge, their ideas, or their motivation behind being involved in a public 24 process. They have a lot of different viewpoint and information that the group here doesn’t 25 have and I think to meet the goals that you have identified for yourself to say that they 26 shouldn’t be involved is, I think, is a mistake. At a minimum, I think the Chamber should have 27 been involved or some other entities. I recognize that when I started, I was sort of seen as an 28 outsider in here and it’s frustrating that after 2-years there might be some lingering issue with 29 my involvement. I hope that I provided another vantage point from which to consider ideas and 30 that I cared about the project and the outcome of the project. I recognize that trust takes a long 31 time to build and the group sort of started out a little shaky on the trust but I thought over 32 time, we really grew to become a more cohesive group and the trust was stronger. I think the 33 subcommittee – by breaking up the format and using the subcommittees, I think that really 34 helped build the trust. There was a point in time I think, at one of the Council actions that kind 35 of dissolved that trust to some extent but I do believe that the group – in the way the group – 36 the way the CAC was working together, that trust was on the rise and people felt more 37 comfortable in sharing their opinions. 38 39 Co-Chair Garber: Thank you. Lisa and then we will come back to Elaine and Ellen. 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 22 of 35 1 Lisa Peschcke-Koedt: Some of these have already been made – said. It’s kind of to the positive 2 and then to the negative or change things. So, the positive was certainly that I got to work with 3 all of you. I mean I think it’s been a great experience and I learned a lot. Yes, I wish I had known 4 you even better personally so there are things that I would have improved but that’s definitely 5 been one. The fact that the City Council and Staff actually had a CAC at all, I think is very 6 positive because many Cities wouldn’t. Whether we think we did a great job or not a great job, 7 the fact that we exist at all, I think is a very positive. I think this type of involvement should go 8 forward. Then going to the goals, it feels like we met most of them so that’s a positive. So, I’ll go 9 to the negative or the delta but it is in the context of that I am still glad that I did this and I’m 10 glad we did this, right? So, it’s only in the sense of the improvement. I – thinking back to the 11 very beginning, I do still feel that we may have gotten a clear message from City Council as to 12 our role but I don’t know that City Council was actually aligned with it. The City Council 13 members should have obviously changed during our 10-year on the CAC, right? I think at the 14 very beginning when the – coming from City Council -- and I know Dan and Arthur you shared 15 that with us, that the Council really wanted us to focus on the programs more than on the 16 vision and the higher level and such, which frankly – to Bonnie’s point too. I don’t find as much 17 fun but it’s certainly important. It would have been a lot of fun, I think several people 18 mentioned this if we could have done at the very beginning that more holistic, big picture, black 19 sheet of paper – well, what is the future in the context of already having a very good plan, 20 right? We weren’t starting from scratch. I think it would have done a few things, one is bringing 21 us closer with Council and where they were going. Secondly, I think it would have given us all 22 that chance to really think of the big picture and see the – I don’t know, the vision part of it. 23 That would then give us a better foundation than to dive in and do the programs. I would do 24 that differently. Whether in the future City Council and Staff would want a body like the CAC to 25 get involved more broadly or more narrowly is totally their decision but I think it depends on a 26 little bit on – maybe a little bit more thought into that and also communication with us in the 27 CAC. Along those same lines, I think it would have been helpful if at the beginning and then a 28 couple times during if Council had been willing or could have had representatives of Council 29 rather than the full sitting Council, to have some joint meeting with us like in this room. To 30 really talk through things, how are we doing, are we doing what they are thinking, what they 31 are looking for and is it working for us? You know, are we on the right track as far as – I think 32 that would have been helpful and that is not in any way a negative to Staff who has done an 33 awesome job from my perspective. I actually feel that it’s not quite fair because we’re all in a 34 sense working for the City Council and this context in a way. It’s helpful to have that direct 35 dialog so that’s not in any way a negative. It’s really more of how would we have added to that. 36 Several of us have mentioned but I do think this group, when we started, was too big and 37 whether it’s Annette’s idea of how to do that but another thought I had along the same lines 38 was have a larger group, maybe 50, that’s kind of a vetting and input and then place a smaller 39 group that’s the real CAC maybe. In a business context, I tend to find that if you have more than 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 23 of 35 10 people, you’re not going to get decisions made. Now, if you’re not a decision-making body, it 1 doesn’t really matter but if the future one, they might be more focused on that and where 2 actually coming to decisions and aligning on positions. I think 10 is about max and I like the idea 3 of a representative. I absolutely feel that it should include the younger and renters and etc. that 4 you said. Also, to Whitney’s point, I think there should be some business. So, whatever it is but 5 its only 10 people and they are the ones that do the core brunt work of this with Staff and with 6 City Council. A broader group could then have more constituencies and more representation. 7 You would go back and forth to them but they wouldn’t be doing the deep dive work, it would 8 be more of here’s the idea that we are working on. Let’s get inputs and have we missed 9 anything. Maybe get a flavor for what the feel is. So, that was one thought. Sorry, minor in the 10 context of my comments but I do think that Stanford and the school should have voted. I don’t 11 think Planning and Transportation Committee should because they get it later and so I think 12 that was appropriate but I don’t think that – but again, hopefully, we still heard the good 13 inputs. I think – oh, the last would be more of a question and it may be for later but is whether 14 Staff and the Council found having the CAC useful? I would be very interested in the feedback 15 from that. I mean, going back to the goals, did we do what – even though it changed what the 16 Council wanted and has it been helpful and is there anything that we would do differently in 17 that perspective. Sorry for that long -- but again, even with all that I said on the things that I 18 would do differently, I’m very glad and honored that I got to be part of it and at least to get to 19 know you all a little bit. I would have liked to know you better but – and it was worthwhile. It 20 was really great to see the commitment and just the fact that we all care a lot about our City. 21 So, anyway. 22 23 Co-Chair Garber: Lisa, thank you. I’m forgetting who was next. Ellen or Ellen and then Elaine. Go 24 ahead. Then, Annette, we will come back to you and Hamilton or Stephen, Annette and then 25 Hamilton. 26 27 Ellen Uhrbrock: Basically, I see this as a management problem and maybe they appointed the 28 wrong people. What they did was put out an application and maybe not thought through as 29 well what they wanted to achieve but every one of us actually applied for the job and we got it. 30 I applied – I’d be very interested to know why each of us did so but I applied because I think 31 that I can and my job is to be a link to the senior population, which is really a pretty silent 32 population and input to City Council affairs. I have worked at from the beginning, to be a link 33 through my different networks, which is an idea I got from Hillary when we were working on 34 the expo. May 30th, 2015. When they first asked us to pool out networks, I was shocked. I 35 thought it was an invasion of privacy and I still do, I still do but nevertheless, I’ve come around 36 to it and I’m pretty good at working my networks now. I have learned a lot from the experience 37 of being on this job, which I applied for. Why did I apply, because I was asked by one of the 38 senior groups who monitor the transportation progress of the long-term plan and the only way 39 I could do it was to apply for the general CAC? Then hope that I get appointed on the 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 24 of 35 Transportation Committee. Now one of the interesting things (inaudible) experiences on the 1 Transportation subcommittee, which I think accomplished a lot, was that one of the members 2 stated or at least the way that I interrupted it, that the Council didn’t want us to look at the 3 programs. The programs are what interests me the most and I always – when I was reading and 4 doing my homework, I would just scan the policies and then I would look at the programs and 5 see how could the seniors participate in this. A good example is the goal of shared writing and 6 cutting SOVs. How could seniors participate in this and what they can do? I not only want them 7 to participate but I want the data to go down into the big database to see it’s a working and 8 active group. Basically, I think it’s our fault if we didn’t contribute what the City Council wants 9 and we did our best and I’m really pleased to know all of you. I have to tell you, my last 10 community to the senior groups and using my network was a statement saying it’s over. This is 11 your last chance to convey ideas to the City Council through the CAC. From now on, you do it 12 through the Planning and Travel Commission and that’s where it’s moved to and we’ve got to 13 move with it there. 14 15 Co-Chair Garber: Great. Thank you. Elaine and then we will go to Stephen, Annette, Hamilton 16 and then Arthur once (inaudible). 17 18 Elaine Uang: I feel a little bit bad because I wasn’t going to say very positive and optimistic 19 things so I apologize for following you. On the two goals that you set out first; did we collect 20 views? I think we did do a good job of that so I’ll start with that. I do think that was a positive 21 that we were able to – maybe it wasn’t the best process and I know we didn’t get to have the 22 discussion that we would have liked to but I think we were able to at least place hold a lot of 23 different views so that’s good. As far as a safe place, I actually on several occasions have raised 24 to Staff that I did not feel that this was a safe place. Both in this larger Committee and in the 25 subcommittee level. I think – Don McDougall is not here but he put it well one time. I just had a 26 casual conversation with him afterward and he said it’s actually really great when people show 27 passion and that is definitely something to be foster. I think there were moments where one 28 person’s passion may have triggered another person’s dismissiveness or I – not I – I can’t – I’m 29 not sure what the right word is. I think it obviously – a lot of times the passions would induce 30 other passions and then the counter passion would not always be productive or not productive. 31 It’s all productive, they are all important viewpoints. I guess I’m saying that I didn’t feel like we 32 all respected each other’s views and sometimes there were some comments that didn’t 33 sufficiently acknowledge other points of views. I just want to put that out there because I do 34 think that was a – it made it certainly a very difficult and unpleasant process for me. I would not 35 say that serving on this body, while most of you are very lovely and I enjoy meeting and 36 working with you but I would not say that this was fun. I think this was too long. It was almost 37 2-years. I’m really worried about how inaccessible this process is to the general public. This is 38 supposed to be a general plan for 15-years that is going to really impact a lot of people in this – 39 in our City. Not just the residents but the people who work here and the people who come here 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 25 of 35 to play. It will affect a lot of people, some who might live here only for 2-years and some who 1 might live here for another 40. I am really concerned that – while I’m glad that a body like this 2 exists. If you really want this to be successful going forward, I think it really needs to be made to 3 be fun and made to be understandable so that people understand what’s going on and what is 4 happening. I think we had a tendency to dive into the weeds a little bit too much. I think for a 5 body like this it’s going to be most accessible when people kind of understand high-level things 6 so I agree with a lot of those let’s talk about the vision comments. That’s really where – 7 everybody’s got a vision and yes, we might not agree with 25 people or 50 people or whatever 8 the overall vision is but people want to play in the sandbox of visions and imagine what their 9 life is going to be. Keeping it at that level is probably where you would get the greatest number 10 of input from the most diverse group of people – the broadest group of people. I also want to 11 echo Bonnie’s comments. One of the things that I continue – I always had a concern and this 12 existed for whole the 2-years of this process was that we weren’t getting a really grounded 13 education on A: what a general plan is supposed to be and what it’s supposed to cover. B: how 14 our City works? You know we have a Council-manager model. I’m not sure that a lot of us really 15 understand that or know what our local government system is and so Staff and the 16 professionals who run our City do a really good job of running our City. In a way, the elected 17 officials aren’t really the folks who are supposed to do all the minutia and the nitty gritty. They 18 are supposed to make the higher level strategic decisions. I wish we would have gotten a 19 grounding in how our City is run financially a little bit better. I think that was a big missing 20 component and also just how our City intersects with other localities and agencies. What is the 21 lay of the land? How does Stanford work? How does – what’s our jurisdiction over Stanford? 22 What is the County line? Where do the County agencies come from? We just didn’t have that 23 background and so a lot of times we were just shooting out our hip that whatever we feel like is 24 the answer of the day but there’s real information that should go into the thoughts and the 25 comments that we offer and when we – absent that. I learn a lot for sure but I think it would 26 have helped if all of us had got in a basic grounding. Yeah, I guess – yeah and I do also want to 27 echo some of Julia’s thoughts about having more young folks. I liked Hamilton’s comments and 28 his written comments about having folks in high school. If you think about it, in 2030, I don’t 29 think anybody here in 2030 is going to be in their 30s or their 40s and so I think the youngest of 30 us will probably be in our 50s or something like that. 31 32 Hamilton Hitchings: (Inaudible) 33 34 Elaine Uang: No, I mean I am serious, right? We – I’m a little bit scared for the future of Palo 35 Alto because we didn’t put anybody on this body who is going to realistically represent the 20 36 and 30s or whatever in 2030. 37 38 Co-Chair Garber: Bonnie needs to wait around to do her 3rd one. 39 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 26 of 35 Elaine Uang: Yeah but I am sorry Bonnie, you’re still not going to be 30 in 2030. 1 Bonnie Packer: (Inaudible) 2 3 Elaine Uang: I guess I just want to put that in context because that was something that always 4 worried me at the very beginning of this process. It still worries me, I feel like, to some degree. 5 The reasons why I – my husband and I chose to stay in Palo Alto was -- in a way I think – I’m a 6 little bit worried that they will be in jeopardy in 15-years. Sorry to be a downer but that’s where 7 I stand. 8 9 Co-Chair Garber: No problem, great. Thank you. Stephen, then Annette, Hamilton and then 10 Arthur. 11 12 Stephen Levy: I think there are a lot of mistakes that were done to us and I think there’s one 13 real whopper that we did to ourselves. We are a group divided about growth and divided about 14 what that means for so-called residential neighborhoods. I lived in a residential neighborhood 15 most of my life and I disagree with everybody who used that phrase but we should talk about it; 16 not my experience. I know homeowners that live in residential neighborhoods that also 17 disagree with you. I think there was a confusion between residents and homeowners but the 18 thing that we did to our self was we didn’t pick five meetings to peruse, educate, and talk to 19 ourselves. Five meetings about what growth means and the impact of growth. He nibbled 20 around it on this program. We fought about the language on moderate job growth in the 21 Business Element but we never had hours and hours and hours of discussion that would 22 humanize us, maybe bring us together and educate us about what are the real differences and 23 facts. 30-years ago we used more water than we do now and we have 15,000 more people. 30-24 years ago we had 4,000 more kids in the schools. 30-years ago the air was dirtier. 30-years ago 25 there was less traffic, I agree. I agree with that but we got caught up in all this fear stuff and 26 never really took on that central (inaudible) issue in which we could have informed our self and 27 offered something back to the Council. I don’t expect that we would agree but I would expect 28 that we would better understand and clarify the disagreements. The second muck-up that was 29 kind of something that we bought into but it was done to us was that this is a Comp. Plan. It’s to 30 2030 and that’s all I work on in my life is for people to do stuff to 2030 and 2040. It’s not what 31 Palo Alto should be like in 2018. In that respect, it doesn’t matter a damn woot what the last 32 City Council or this City Council, which disagreed with the last City Council means. They 33 shouldn’t be telling us what to do. We should be planning for a City in which there will be five 34 more new City Councils. There are always transitions in power. Look at Washington. If all you 35 did was say well, Obama was for this but he’s out and now Trump’s for this. We ought to do 36 what he says. That’s no way to plan anything and so we got caught up in what we think about 37 what is happening today, not 2030. I’ll end with that there are 45% of the people who are like 38 Julia, they are renters. There are almost not 20% of the people who are like Ellen. That’s a 39 scandal for the formation of a Committee. I think we should have had a developer. If you – I 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 27 of 35 disagree with you about residents but there are resident developers, there are resident 1 business owners, there are resident people from Stanford. I went to the meeting on Friday, the 2 Silicon Valley at Home Housing Authority of Santa Clara meeting on housing for low-income 3 residents and they had a developer and they had someone from the league of California Cities, 4 who disagreed with a lot of the policies. It was a really good discussion with a lot of consensus 5 at the end. I think those people should be brought in. I think the structure of the Committee 6 really hamstrung us. 7 8 Co-Chair Keller: I think Annette, were you next? 9 10 Co-Chair Garber: I apologize. Annette, thank you. We’ll come back to you, Bonnie. 11 12 Annette Glanckopf: Well, it’s in a transition into my real comments. I wanted to just add some 13 positive things. I think it was good that we did the Housing Element as a sort of earlier. It would 14 have been really cool to have a liaison from that group to participate in this one. I think also, as 15 far as a positive, I thought time comments with all respect to – I agree, we didn’t have enough 16 dialog etc. but that, in many ways, was very good. It all made us a little bit crisper and moved it 17 along. Of course, the chocolate was one of the highlights of the whole thing and the food as 18 well so thanks again to everyone. Especially Lisa and all the good meals that we received from 19 the City. I think on the cons, I agree that the dots did not work at all for me. That many of our 20 comments on the Comp. Plan where really to prescriptive. They were really—Council really 21 called that out also so I think that was something that we have to worry about to the next – but 22 I would really like to go into this whole thing about what we’ve been talking about as far as 23 vision. That would have been good I think. I agree with the comments that were made that 24 there could have been more education at the beginning of each section. Actually, I think this 25 time the vision was sort of done by that one-day effort – I forgot what it’s called. Palo Alto 26 something. Does anybody – this sort of came together and really did attracted a huge audience 27 of people from the City and that really did bring together a lot of visions. Although, it really 28 never went into the Comp. Plan. It really was sort of a recruiting for this Comp. Plan but I’m 29 going to leave my comments on how I think recruiting should be done to another time. That 30 obviously was a real failure for whatever reasons because we didn’t have the composition that 31 everyone would have desired. I am still a little bit on the fence about this concept of voting and 32 non-voting members. I’m not sure why we even had that. We didn’t even take that many votes. 33 There were only a couple of things and I don’t think it really would have made a difference one 34 way of the other if we counted the non-voting members in or out. I think Whitney has been an 35 amazing resource and to Stanford, obviously, is an absolutely critical stakeholder in this whole 36 process. So, I think – I always learned every time Whitney spoke so that’s obviously critical. I 37 think the Chamber – I say this with two feelings. They should have been included obviously 38 because it’s a key element. Of course, with a Staff of two, it would have been very, very hard 39 for them to make a commitment for this length of time so maybe someone from their Board or 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 28 of 35 someone from their membership could have been a developer like Stephen said or someone 1 else that had a business viewpoint. I would have liked to see a really small, locally owned 2 business person but boy, that would really be impossible because they spend all their time 3 keeping the doors open. I think the school – again, this has nothing – it’s not a personal 4 comment. I didn’t think the school – having someone from that community was – the School 5 Board, was particularly critical. I think more so having parents with small kids that could really 6 represent. That to me was a critical element and I would be fine to have the Planning 7 Commissioner be a voting member. Again, I am totally ambivalent or curious about this whole 8 thing about that perspective. Many of our Boards and Commissions don’t always require 9 residency so that doesn’t seem to be a real barrier. Maybe if we had someone that was going to 10 represent something that was not Stanford or schools or something that I can’t even think of. 11 Sustainability that came from back east or came from another community, that wouldn’t be 12 appropriate but I think we need to think about that with a grain of salt. Chamber, School Board 13 no. I think it would have been interesting to have a Council liaison. If you look at a lot to the 14 Boards and Commission, they actually have a Council Member that’s assigned to this group and 15 I think that there really has been a barrier between this group and Council. We really haven’t – 16 we sort of have to wait until we get it to Council before we get any feedback and then we have 17 to come back and sort of redo things. I still think it would be an incredible challenge to get 18 volunteers, especially the younger people to come to this. I’m not saying that they shouldn’t be 19 here, whether it be a teen or a young parent. Boy, it’s hard to get people to volunteer for 20 anything so I think that’s a wonderful aspirational goal. I think it’s a real challenge to find the 21 right persons so we’re lucky you came and joined the effort. In closing, I think saying everything 22 we did about not having maybe the right mix of people. I think it was really important in the 23 subcommittee thing that we had the Staff’s from the different departments because even 24 though we might not have had the right composition in many people’s minds, which I am fine 25 with. We really did have the Staff that related to the element that would come and talks about 26 the issues and we could have had more, I think, education but they came and said this is what’s 27 happening. They added, I think, the content to any of the discussions that we were having. 28 Maybe we missed a little bit but my feeling is that in the end, we did come out with a product 29 that we’re taking to Council that is an excellent document and it is – even though we did have a 30 couple of stumbling points and I can’t say that I agree with every single thing in here because I 31 don’t but I think it was a collaborative process. I do think it will serve as a really good goal as we 32 move forward to 2030. It’s hard to know what the future looks like. We could – I have to say 33 this, we could have one great earthquake and we might be a small town with 10,000 people 34 again. 35 36 Co-Chair Garber: With no cars. 37 38 Annette Glanckopf: With no cars, right. So, it’s really hard to think about the future and we just 39 have to do the best that we can and maybe, as sort of a compromise is having the Comp. Plan 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 29 of 35 be reviewed periodically. You can sort of say this is the way it’s going and boy, that thing does 1 not make sense at all. I would like to see some way that you could half way through – if none of 2 these things became a problem or something else became an issue, how that could be inserted 3 into the document. Again, I just feel that we should be proud of what we’ve done and I do think 4 it did come out to represent lots of different views. 5 6 Co-Chair Garber: Annette, thank you. Hamilton, Arthur and then Bonnie or Bonnie... 7 8 Hamilton Hitchings: Thank you. There are so many great comments tonight. This is really – I 9 really love what everyone is saying and I’m going to reiterate some of them and make a couple 10 of additional points. I want to start with you, Whitney. I really appreciated you being on the 11 Committee. It was really helpful and it was wonderful to have somebody from Stanford that I 12 could throw ideas against so thanks for listening. I really appreciate you being here. Just on 13 Stanford, you know one of the questions is about whether Stanford should vote? The thing for 14 me is Stanford basically agreed to put all this land under the control of Palo Alto so I just feel it’s 15 not really fair if they don’t have a say the policies of Palo Alto. They are – essentially Palo Alto 16 was the town for Stanford. I mean they are fundamentally integral and like Elaine said, while I 17 come from a very strong residential perspective so technically, I should be for only residents. I 18 mean the community is much more than just the residents. It’s the businesses, it’s Stanford, it’s 19 the small business owners so I do think that it makes sense to have them. Like Annette said, it 20 doesn’t – the voting doesn’t really matter because, at the end of the day, it’s the Council that 21 does it. We are here to put together a body of things and that’s why I think we should support 22 the PTC representation and we should have had the Chamber of Commerce more involved. 23 Really somebody who’s going to represent all the businesses as well. Elaine, thanks for sharing. 24 If I contributed to that in my excitement about policies and about making you feel like it wasn’t 25 a safe space, I want to apologize. 26 27 Elaine Uang: (Inaudible) 28 29 Hamilton Hitchings: You know, I do get passionate… 30 31 Co-Chair Garber: She is talking about me. 32 33 Hamilton Hitchings: …about policy. Yeah, (crosstalk) – but I really appreciate you sharing and I 34 just want you to know that I have a lot of respect for your opinions. The next things are that I 35 want to talk about something that Stephen and Bonnie said, which I thought was spot on. 36 Bonnie, couldn’t you have said this at the beginning. Not that – we were so cumbersome so I’m 37 not sure it would have helped but I hope we can do this next time. That is that I love this idea 38 that you are talking about that at the beginning of the Council, we don’t start – we don’t dive 39 into the editing. We say these – this is our vision and we sort of talk about the vision. Then we 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 30 of 35 talk about these are the big issues. We all knew land use was – and how fast are we going to 1 grow is the big issue so rather than like we’ll get to that when we do the Land Use Element, we 2 talk about that. I like what Stephen was saying. It would have been great to hear this is why I 3 believe this because it’s really easy to ascribe motivations but they are not always – sometimes 4 those are projections as opposed to how actually people feel. If we had started this discussion 5 with Stephen saying this is what I believe and this is why I believe it and here’s my experience 6 on it. This is kind of getting to Bonnie’s thing. Rather than try and have these conversations on 7 everything, focus on the big issues that are really the decision because once you get past those, 8 then it’s a lot—it’s much more minor. It’s more about these editing and stuff like that. The – 9 where that—the real magic is what happens is if you do that up front and then you go to the 10 Council and you say this is what we think and get the Council feedback out front. For me, the 11 biggest failure in this entire process was our interaction with the Council. It didn’t help that we 12 had sort of a transition of the Council but at the beginning, we were told that we want you to 13 focus on the programs and we were then basically—partly because it got a little bit bloated but 14 also for other reasons as well, they stripped out all the programs. It’s like, you told us to do this. 15 We just spent a year on it and now you’re stripping it out so we had a fundamental – it’s very 16 hard to hit a moving target. We all know, we’ve all worked on projects. When the goal of the 17 project is changed 2/3 of the way through, it’s really disruptive. I feel like there needs to be 18 more upfront commitment by the City Council that essentially can’t be changed by subsequent 19 elections regardless of who’s in power. I mean, I thought Stephen’s point about this – it would 20 be like if Washington, their funding and defunding the entire department every two to four 21 years. You have total chaos and nothing gets done. The same thing here, we need to have 22 consistency and think that basically, the process of the CAC interacting with the Council was 23 just fundamentally broken. There wasn’t really a clear enough road map. It wasn’t adhered to. 24 There wasn’t enough interaction back and forth. Some of the City Council discussions had been 25 very superficial. I don’t think we have necessarily delivered the maximum value to them 26 because I don’t think there was mutual – essentially, we didn’t agree with the Council on what 27 we were supposed to deliver to them and so they weren’t really completely happy. Tom DuBois 28 would say, there are too many programs and we’re like we are too big to deal with that kind of 29 feedback so there wasn’t that process. If we focused on the big issues first, then go to the 30 Council to buy off on them. I think everything after that would be smoother and we frontloaded 31 that. I have a couple other things. The summit was really good and I think 5-years is too long 32 just because they're too many things that can change. Then the last thing – oh, and another 33 thing is I learned so much about this City and this process. Another thing that I thought was 34 really interesting, which hasn’t been mentioned is about Staff. So, Staff did a great job. It’s not 35 easy to be in their shoes with a room full of people with conflicting opinions that they have a lot 36 of passion about. The thing that impressed me the most about Staff is they listened very well, 37 they incorporated our feedback and they leveled up several levels. I mean essentially, 38 collectively we were struggling in the beginning and then by the end, I felt like we were really 39 good in what we did. That was partly because of some circulation in Staff and the Staff kept 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 31 of 35 getting – the people working on this kept getting better and better. Since you are here, you can 1 take those (inaudible). They really listened and they really incorporated things. I thought that 2 went really well. The last thing is that despite the challenges that we’ve had and the 3 disagreements that we have had, we’ve actually agreed on a lot. You know, at the end of the 4 day, even though we all realize that there could have been a substantially better selection 5 process. There will never be a selection process which people say was good. It’s just a political 6 reality. The fact that if you like 100% of the stuff in here, it probably wasn’t a compromised 7 document but I do think that we did produce a good output at the end. Thank you for listening. 8 9 Co-Chair Garber: Hamilton, thank you. Bonnie. 10 11 Bonnie Packer: I just really agree 100% with what Annette said and Hamilton said so I’m not 12 going to repeat all that. I think what you’ve got now is some ideas for the future. People have 13 said, let’s review the Comp. Plan. It’s taken 10-years since this process started so if we’re going 14 to have a new Comp. plan in 2030, you’re going to have to start this in 3-years, again. 15 16 Hillary Gitelman: 2021, you get your application in. 17 18 Bonnie Packer: 2021, ok, so you’re already. So, I’m thinking that to get people involved, we 19 could be a combination of reviewing this existing plan, getting other citizens involved in the 20 process, having more summits and having kind of lecture education series to prepare people for 21 the next plan on economics, on forecasting, on the future of retail because there are lots of 22 articles in the paper now about what retail – how retail is changing. How commerce and 23 neighborhoods are not at odds of one another because if it weren’t for commerce, we wouldn’t 24 be eating or driving or using our cell phone. I mean it’s all –we’re – it’s all part of our lives. What 25 is zoning about? We can have a series of – invite the public to come to these things to get ready 26 for thinking about the future and this could be a City – little school that the City could have. It 27 was kind of like – I’m being nostalgic about the Comp. Plan thing that I was on in 90’s but that’s 28 what we had. We had all kinds of speakers coming to use. We had [Andres Waynee] come and 29 talk to use about all the planning ideas at the time that were exciting. We might of have an 30 economist. I don’t remember it all but it was a lot of stuff. The other thing though that we 31 should – we probably should have more of and maybe we could have done it on our own but 32 required reading before we came to each element on studies that were going on currently. I 33 didn’t know that the study for the shuttle was going on until it just came out. It’s a great report 34 on how our shuttle system could be improved. There’s no mention of that in the Comp. Plan 35 because we didn’t know it was happening. I mean somebody new but I didn’t. All the other, 36 there was the park’s study that was going on and there’s the Bay Lands Master Plan. There are 37 all kinds of stuff that should be in the public’s eye, starting 2020 or 2021. That this is stuff that 38 you should – know your City and know how your City can think in the future. A plan Bay Area is 39 another thing that we should be – everybody should know about if you are interested in the 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 32 of 35 future of the City. We are part of a region so those are just some examples of stuff that you 1 might be thinking about for the future. Yeah, that’s about it and I want to echo the —my 2 appreciation of all the hard work that the Staff did and the Co-Chairs. Yeah, you said it so well 3 so I don’t have to say it again. Ideas for the future – I’m looking forward to reviewing this Comp. 4 Plan in about 2 or 3-years and see how we are doing. If it’s done by then. 5 6 Co-Chair Garber: Lisa. 7 8 Lisa Peschcke-Koedt: Is – actually, just a very quick one. We took a group picture quite a while 9 back. Is it available? Super. Can you send it around? Super, thank you. 10 11 Co-Chair Garber: Arthur. 12 13 Co-Chair Keller: Firstly, I think that it’s the job of the Planning and Transportation Commission 14 to periodically review the Comp. Plan and consider changes to it. Unfortunately, I don’t think 15 the Planning and Transportation Commission has done that much. They certainly didn’t do it 16 when I was on it except for the review for this Comp. Plan. I think that the vision of what was – 17 what the task of updating the Comp. Plan morphed. When the Planning Commission first 18 started doing in 2007 – or – I don’t know. I got on the Comp. Plan in 2006 and it seemed like 19 shortly thereafter we started working on it. It was a long time ago. The idea was to update it 20 and simply make some minor changes to it. The PTC started to do that but the Council never 21 reviewed what we did for a long time. Then what happened was it went to the Council – a new 22 Council came on and says we need to do the Comp. Plan and we need to broaden the input to 23 it. Then the scope increased dramatically and therefore, it wasn’t nearly – wasn’t just a minor 24 tweak to the Comp. Plan update. It was – actually, changed the horizon from originally it was 25 2020 and then it was 2025. By the time we got it started is was 2030. For me, the horizon of 26 2030 doesn’t mean that we’re providing Comp. Plan for 2030. It means we’re planning a Comp. 27 Plan for every single year for when the Comp. Plan is adopted through 2030, which means it 28 needs to be a living document that handles the conditions of today and it handles the 29 conditions of 13-years from now; not just the conditions of 13-years from now. I also think that 30 it is important that we had voices like Whitney. I thought that was important. She added a lot of 31 value to the – to us, to our discussion so I think it’s important stakeholders – we could have had 32 more stakeholders. I agree with the idea of having small businesses involved but I’m not sure 33 how we could make that feasible. I’m not sure how we could have had maybe some – I think 34 having more young people involved and more seniors involved, I think would have been helpful. 35 I wonder about if it’s even 2-year process, having a high school student involved is kind of hard. 36 Especially, in their junior and senior years, it’s kind of hard. Especially if the process doesn’t 37 finish and then it goes on and then they are gone when they go off to college. I don’t know how 38 to do that. I do think – I understand that when we were appointed, there were members who 39 were appointed who were residents and then there where ex-official members who were from 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 33 of 35 Stanford, from the School Board, and from the PTC. My understanding of an ex-official member 1 is somebody who has the power of the floor but not the power to vote. That’s my 2 understanding of how (inaudible) order and all that kind of stuff handles ex-official members so 3 that’s where that came about. I think that does make sense and the next time, we need to think 4 about how that is structured to perhaps do that better. If we had to do this all over again, I 5 think that it might have been better to do a process closer to what done in ‘92-’97 but that 6 would have taken the luxury of having 5-years, as opposed to a process where we thought we 7 doing it with the PTC on a small process. I also think that one of the things that I’ve noticed 8 when I was on the Planning Commission for 8-years is that if you have a particular project that 9 people like or don’t like, they’ll fail the auditorium. If you have a law and 15 to 20 people come 10 out, that’s a lot for dealing with a law. When you are dealing with the Comp. Plan, it’s very hard 11 to get people to understand that essentially, it’s like an amendment to the Constitution. 12 Everything flows from that but people don’t generally come out to speak on issues that are 13 effective in the Comp. Plan. It was actually near the end of the PTC process on the Comp. Plan 14 where we were actually getting people to come out. We had a lot of people come out and 15 commented on the Transportation Element, for example. I think it – we had half a dozen 16 people, at most maybe 8 or 10 at the most times when people came out and talked at this 17 meeting. I’m not sure what we could have done better in terms of outreach. I wish had more 18 representation in terms of the schools and in terms of things that happened there. There was a 19 scheduling issue, we changed to correspond to their schedule but then they couldn’t make it 20 after all, which was unfortunate. I think that Stanford is an important part of the community 21 but most people, not everybody but most people move to Palo Alto for the schools. Some 22 people move for other reasons but most people when they come here, they’re here because – 23 they come here originally because they want their kids to go to Palo Alto schools so I think that 24 is important. I’d like to – people have acknowledged Dan and I and our work. I’d actually like to 25 acknowledge all of you. I think that we could not have done this without everybody working 26 together. I think it was a rather collegial group. I think people did have an opportunity to 27 express different views. I think that we were trying to figure our way along in terms of how 28 voting went and part of that was because of Council comments about how the voting process – 29 we were sort of finding out way through that. I think that when we wound up with the idea of 30 trying to achieve consensus where we could and trying to identify cohesive points of view when 31 we couldn’t achieve consensus. I think that was a good goal but I’m not sure how well we 32 achieved it. I think that when we have consensus, that should have been better presented to 33 the Council as opposed to here are the changes the Commission meant. I think if it was a 34 consensus, it should have been clear as opposed to an issue to consider. I think – I wish the 35 Council had given us more feedback and we had an opportunity to review what the Council said 36 and revised what we did. Mostly that went to Staff to revise and I think Staff did as good of job 37 as they could but there was a little input opportunity for us to weigh in and reflect on Council 38 feedback. In a longer process that may be what we’re talking about in terms of what Bonnie 39 had experienced in the ‘90s. I think that maybe that would have had a better opportunity for 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 34 of 35 providing that. I think that in – if we were – in 2030, things are going to be a lot different I 1 expect. We don’t even know how it’s going to be different. My crystal ball is pretty crowded 2 and I assume most of yours are. I’m hoping that we have a process more of a major revision in 3 2030 as opposed to an incremental update. 4 5 Co-Chair Garber: How many feel that they changed their minds on a topic over the course of a 6 year and a half? 7 8 Hamilton Hitchings: Just say cake and I think you will get a consensus. 9 10 Co-Chair Garber: Anyone? 11 12 Lisa Peschcke-Koedt: I would like to hear your view, Dan and also, ideally Hillary’s on how this 13 had gone. 14 15 Co-Chair Garber: I think mine is in here. 16 17 Lisa Peschcke-Koedt: You’ve got yours already? 18 19 Co-Chair Garber: It’s been expressed in a variety of ways. I actually think I’m going to write 20 something. Hillary? 21 22 Hillary Gitelman: Yeah, I don’t want to take a lot of time but someone didn’t mention all the 23 homework that you did. I have been so impressed by the amount of reading and thinking all of 24 you have done in this process. Really, it was so wonderful to come every month and to go 25 around. I know it was frustrating when we were doing the three-minute thing but you each 26 offered individual perspectives and insights to the process. It was because you had done some 27 thinking about these issues and that’s the kind of value that we get as planners out of these 28 community processes. I hope you feel good about that. I hope you feel good about the work 29 products we created. It’s been a pleasure working with all of you and don’t forget to come on 30 the 5th of June for your proclamation. 31 32 Co-Chair Garber: Lisa, I will share with you this. I did have some personal goals. I really viewed 33 my role here more as a facilitator. To try and find ways to get the community, as represented 34 by us, as good or bad as we could. Finding a way to talk with each other about these issues as 35 best we could. I didn’t look to actively, although I did at times, advocate particular issue one 36 over the other. I was really holding a lot of that in abeyance to be able to – I think there is 37 greater opportunity for all of our progress by hearing us speak and that was as important as 38 what it was we said. As part of that, I – with the exception of one topic, I really separated 39 myself from a lot of other things that were happening in the City so that I wouldn’t be 40 COMPREHENSIVE PLAN UPDATE CITIZENS ADVISORY COMMITTEE DRAFT MINUTES Page 35 of 35 perceived of as influencing or having a hidden agenda or thing like that. One of the things that I 1 ended up getting involved with, as you all know, is basements. I had a personal commitment 2 that I had made to Arthur at the beginning which was to share all the correspondence with him 3 that I received, which I think I actually managed to do. I was interested in getting to know all of 4 you. I didn’t have a chance to meet with all of you one on one. Some of the members that 5 aren’t at the tables are the ones that I primarily did not have that chance but for me, that was 6 the most rewarding part of all of this. [Video ended] 7 8 9 Celebration of Appreciation of CAC Members 10 11 Adjournment: 8:30 p.m. 12 Attachment G June 1, 2017 Comprehensive Plan Update 2030 Draft Elements For Council Consideration at June 12, 2017 Hearing Hard Copies Provided for City Council only. Hard Copies to be available at City libraries and City Hall 5th floor. Electronic Copy Available at www.PaloAltoCompPlan.org City of Palo Alto (ID # 8009) City Council Staff Report Report Type: Informational Report Meeting Date: 6/12/2017 City of Palo Alto Page 1 Summary Title: Surplus Property Donated to Nonprofit Organizations Title: Report on Surplus Property Donated to Nonprofit Organizations From: City Manager Lead Department: Administrative Services Recommendation This is an informational report and no Council action is required. Discussion On October 6, 2008, Council adopted an ordinance amending Section 2.31.010 of Chapter 2.31 to Title 2 of the Palo Alto Municipal Code, to allow the donation of unusable or obsolete City property and equipment to nonprofit organizations supporting the city’s programs. The ordinance specified that the City’s donation of surplus property “shall be contingent on a written agreement that any profits from the sale of such items shall be used for the purchase of equipment, books or capital expenses related to the program supported by the nonprofit organization.” It also specified that the City Manager “shall identify all property donated to nonprofit agencies pursuant [to the ordinance, and] in January of each year, the City Manager shall provide a report to the city council that includes an inventory of the items donated by the City and all contributions made to the City from nonprofit organizations that have received surplus city property.” In calendar year 2016, Children’s Theatre had one surplus donation: Items donated to nonprofit: Costume Stock (damaged or no longer in use) Date of transfer: October 1, 2016 Nonprofit name: Friends of the Palo Alto Children’s Theatre (Friends) Value of donated items: $3,000 Proceeds of nonprofit items received from items donated by the City: $3,258 Nonprofit contribution to the City: Friends made a $45,000 donation The $45,000 is an annual donation, made by the Friends of the Palo Alto Children’s Theatre. It is planned, budgeted revenue, to offset the cost of contractors for theatrical productions. The Stores Warehouse did not have any donations in calendar year 2016.