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HomeMy WebLinkAbout2017-11-13 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. Monday, November 13, 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 5:00-5:30 PM 1. Appointment of two Candidates to the Architectural Review Board and Four Candidates to the Historic Resources Board for Terms Ending December 15, 2020; and two Candidates to the Planning and Transportation Commission for Terms Ending December 15, 2021 2. Special Recognition for Police and Fire Personnel who Responded to the Wildfires in Napa, Sonoma, Lake, and Mendocino Counties in October 2017 3. Meritorious Awards Recognizing the Cardiac Lifesaving Skills of two Individuals at the 2017 Annual Moonlight Run & Walk 4. Proclamation Honoring Pickleball in Palo Alto 2 November 13, 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. Agenda Changes, Additions and Deletions City Manager Comments 5:30-5:40 PM Oral Communications 5:40-5:55 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 5:55-6:00 PM 5.Approval of Action Minutes for the October 30, 2017 Council Meeting Consent Calendar 6:00-6:05 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 6.Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 22, 2018 for a Public Hearing for Objections to Proposed Weed Abatement 7.SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Repealing Chapter 9.17 (Personal Cultivation of Marijuana) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code; Repealing Ordinance No. 4422; and Amending Chapters 18.04 (Definitions) and 18.42 (Standards for Special Uses) of Title 18 (Zoning) to Prohibit Medical Cannabis Dispensaries and Prohibit Commercial Cannabis Activities, Except for Deliveries. Environmental Assessment: The Ordinance is Exempt in Accordance With Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines (FIRST READING: October 30, 2017 PASSED: 9-0) 8.SECOND READING: Adoption of an Ordinance Updating the Fiscal Year 2018 Municipal Fee Schedule to Adjust Development Services Department Fees (FIRST READING: October 2, 2017 PASSED: 7-1 Tanaka no, Scharff Absent) 9.Direct Staff to Return to Policy and Services Committee With Amendments to the Municipal Code for the Regulation of Seismic Vulnerable Buildings (Continued From October 16, 2017) Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 6:05-10:00 PM 10.PUBLIC HEARING: Adoption of a Resolution Certifying the Final Environmental Impact Report (EIR) for the Comprehensive Plan Update; a Resolution Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) Related to Significant Environmental Q&A MEMO 3 November 13, 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. Impacts, Mitigation Measures and Alternatives; a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and a Resolution Adopting the Updated Comprehensive Plan Dated June 30, 2017 With Desired Corrections and Amendments, Which Comprehensively Updates and Supersedes the City's 1998-2010 Comprehensive Plan, Except for the Housing Element Adopted in November 2014. (This is the Third Public Hearing; the First Hearing was on October 23, 2017, Continued to October 30, 2017 and Further Continued to November 13, 2017.) 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 November 13, 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 Sp. Policy and Services Committee Meeting November 14, 2017 City/School Committee Meeting November 16, 2017 (THIS AGENDA PACKET WILL BE PRODUCED ON NOVEMBER 9, 2017) Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report City of Palo Alto Investment Activity Report for the First Quarter, Fiscal Year 2018 Council Roster Public Letters to Council Set 1 CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 13, 2017 The Honorable City Council Palo Alto, California Appointment of two Candidates to the Architectural Review Board and Four Candidates to the Historic Resources Board for Terms Ending December 15, 2020; and two Candidates to the Planning and Transportation Commission for Terms Ending December 15, 2021 On November 13, 2017, the Council is scheduled to appoint two (2) candidates to the Architectural Review Board (ARB) and four (4) candidates to the Historic Resources Board (HRB) for terms ending December 15, 2020; and two (2) candidates to the Planning and Transportation Commission (PTC) for terms ending December 15, 2021. Voting will be by paper ballot. Background On October 24, 2017, the Council interviewed applicants for the ARB, HRB, and PTC. Applications can be viewed online HERE. The recording of the interviews can be viewed online HERE. Architectural Review Board Vote to appoint two (2) three-year terms on the Architectural Review Board (ARB) for terms ending December 15, 2020. The first two candidates to receive at least five votes (required) will be appointed. The 3 ARB Candidates are as follows: 1. Wynne Furth (Incumbent) 2. Amie Neff 3. Osma Dossani Thompson Historic Resources Board Vote to appoint four (4) three-year terms on the Historic Resources Board (HRB) for terms ending December 15, 2020. The first four candidates to receive at least five votes (required) will be appointed. The 7 HRB Candidates are as follows: 1. Martin Bernstein (Incumbent) 2. Carl Darling 3. Rita French 4. Gogo Heinrich Page 2 5. Roger Kohler (Incumbent) 6. Michael Makinen (Incumbent) 7. Margaret Wimmer (Incumbent) On October 24, 2017, Valerie Madeline Driscoll withdrew her application for the Historic Resources Board. Planning and Transportation Commission Vote to appoint two (2) four-year terms on the Planning and Transportation Commission (PTC) for terms ending December 15, 2021. The first two candidates to receive at least five votes (required) will be appointed. The 7 PTC Candidates are as follows: 1. Michael Alcheck (Incumbent) 2. Rebecca Eisenberg 3. David Hirsch 4. Rebecca Parker Mankey 5. Lisa Peschcke-Koedt 6. Rishiraj Pravahan 7. William Riggs On October 23, 2017, Sarah Flamm withdrew her application for the Planning and Transportation Commission. On October 24, 2017, Kate Jason-Moreau withdrew her application for the Planning and Transportation Commission. Department Head: Beth Minor, City Clerk Page 3 City of Palo Alto (ID # 8654) City Council Staff Report Report Type: Special Orders of the Day Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: Pickleball Proclamation Title: Proclamation Honoring Pickleball in Palo Alto From: City Manager Lead Department: City Clerk Attachments:  Attachment A: Proclamation Honoring Pickleball in Palo Alto Proclamation Honoring Pickleball in Palo Alto WHEREAS, Pickleball is one of the fastest growing sports with more than 2.5 million participants in the United States; and WHEREAS, Pickleball is an intergenerational, low impact, competitive sport that is easy to learn, inexpensive to play and promotes camaraderie, teamwork, kindness and enjoyment for individuals and the community as a whole; and WHEREAS, Pickleball volunteers and enthusiasts share their joy of Pickleball and build community by providing nets, paddles, balls and a gathering place at Mitchell Park to host free drop-in clinics; and WHEREAS, the Palo Alto Chapter of the nonprofit Silicon Valley Pickleball Club reaches out to Palo Altans of all generations, from youth to super seniors who may be isolated, to give them a welcoming place to play Pickleball, which helps improve their physical, social, and emotional health; and WHEREAS, records show that the number of people who play Pickleball at Mitchell Park totals over 300 participants each week on only three tennis courts; and WHEREAS, the Bay Area Senior Games Pickleball event will be hosted by volunteers at Mitchell Park next May for the third year running, which had 147 competitors last year, some over 80 years old; and WHEREAS, the Pickleball classes which have been taught by volunteers and offered in the City of Palo Alto’s Enjoy! Catalogue have all been full; and WHEREAS, the City of Palo Alto Parks and Recreation Commission has established an Ad Hoc Committee focused specifically on promoting Pickleball in Palo Alto. NOW, THEREFORE, I, H. Gregory Scharff, Mayor of the City of Palo Alto, on behalf of the City Council do hereby proclaim appreciation for the sport of Pickleball and recognize the health and wellness benefits it provides to the Palo Alto community. Presented: November 13, 2017 ______________________________ H. Gregory Scharff Mayor CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 13, 2017 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the October 30, 2017 Council Meeting Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 10-30-17 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 12 Special Meeting October 30, 2017 The City Council of the City of Palo Alto met on this date in the Council Chambers at 5:09 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Special Orders of the Day 1. Introduction of Lord Mayor, Professor, Dr. Eckart Wuerzner of Heidelberg, Germany and the Heidelberg Delegation. Council took a break from 5:19 P.M. to 5:53 P.M. Action Items 1A. Discussion and Consideration of the Planning & Transportation Commission's Recommendations Regarding the Comprehensive Plan Update and Adoption of Resolutions Certifying the Final Environmental Impact Report (EIR) for the Comprehensive Plan Update; Adopting Findings Pursuant to the California Environmental Quality Act (CEQA), and Adopting the Updated Comprehensive Plan Dated June 30, 2017 With Desired Corrections and Amendments, Which Comprehensively Updates and Supersedes the City's 1998-2010 Comprehensive Plan (Two Public Hearings Will Be Held: October 23, 2017 and November 13, 2017. On October 23, 2017, the City Council may Consider Action on the Planning & Transportation Commission’s Recommendations, Providing Direction to Staff, and Certification of the Final EIR. Other Actions Will be Deferred Until the Hearing on November 13, 2017.) (CONTINUED FROM OCTOBER 23, 2017). Public Hearing Continued at 5:57 P.M. from October 23, 2017. Public Hearing closed at 6:33 P.M. DRAFT ACTION MINUTES Page 2 of 12 City Council Meeting Draft Action Minutes: 10/30/17 MOTION: Mayor Scharff moved, seconded by Council Member Filseth to thank the Planning and Transportation Commission for their input and thoughtful consideration of changes to the Comprehensive Plan. MOTION: Council Member Wolbach moved, seconded by Council Member Fine to: A. Thank the Planning and Transportation Commission for their input and thoughtful consideration of changes to the Comprehensive Plan; and B. Replace Program L1.3.1 with Policy L-1.4, “commit to creating an inventory of below market rate housing for purchase and rental. Work with neighbors… that is affordable so that the City consistently attains the quantified goals for housing production in the adopted Housing Element.” SUBSTITUTE MOTION: Council Member DuBois moved, seconded by Council Member Filseth to: A. Thank the Planning and Transportation Commission for their input and thoughtful consideration of changes to the Comprehensive Plan; and B. Upgrade Program L1.3.1 to Policy L-1.4. SUBSTITUTE MOTION PASSED: 6-3 Fine, Kniss, Wolbach no MOTION: Council Member DuBois moved, seconded by Council Member Kou to: A. Replace in Program L4.8.2, “for retail at Stanford” with “for non-profit office, small medical office, or retail uses at Stanford;” and B. Move Policy B-2.1, Program B4.2.1, Program B4.2.2, Program B4.6.2, and Program B4.6.3 to the Land Use Element under Goal L-4 and renumber the Business and Economics Element and Land Use Element accordingly. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part A, “on non-ground floor” after “retail uses.” DRAFT ACTION MINUTES Page 3 of 12 City Council Meeting Draft Action Minutes: 10/30/17 MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Kou to: A. Replace in Program L4.8.2, “for retail at Stanford” with “for non-profit office, small medical office, or retail uses on non-ground floor at Stanford;” and B. Move Policy B-2.1, Program B4.2.1, Program B4.2.2, Program B4.6.2, and Program B4.6.3 to the Land Use Element under Goal L-4 and renumber the Business and Economics Element and Land Use Element accordingly. MOTION RESTATED: Council Member DuBois moved, seconded by Council Member Kou to move Policy B-2.1, Program B4.2.1, Program B4.2.2, Program B4.6.2, and Program B4.6.3 to the Land Use Element under Goal L-4 and renumber the Business and Economics Element and Land Use Element accordingly. MOTION PASSED: 9-0 MOTION: Council Member Fine moved, seconded by Council Member Wolbach to add a new Program L2.4.8, “identify development opportunities for Below Market Rate housing and more affordable market rate housing on publicly owned properties in a way that is integrated with and enhances existing neighborhoods.” AMENDMENT: Council Member Kou moved, seconded by Vice Mayor Kniss to remove “market rate” after “more affordable” from the Motion. AMENDMENT FAILED: 4-5 DuBois, Filseth, Kniss, Kou yes MOTION PASSED: 6-3 Filseth, Holman, Kou no MOTION: Vice Mayor Kniss moved, seconded by Council Member XX to implement the Planning and Transportation Commission Priority 4 changes. MOTION FAILED DUE TO THE LACK OF A SECOND MOTION: Vice Mayor Kniss moved, seconded by Council Member Fine to add to Program L4.6.1, “the Coordinated Area Plan should include a study of the feasibility of converting parts of University Avenue to a pedestrian-only zone.” DRAFT ACTION MINUTES Page 4 of 12 City Council Meeting Draft Action Minutes: 10/30/17 SUBSTITUTE MOTION: Mayor Scharff moved, seconded by Council Member Wolbach to add a new Program, “study the feasibility of converting parts of University Avenue to a pedestrian-only zone.” AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member XX to add to the Substitute Motion, “or California Avenue” after “University Avenue.” AMENDMENT TO THE SUBSTITUTE MOTION FAILED DUE TO THE LACK OF A SECOND AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Fine moved, seconded by Council Member XX to replace in the Motion, “pedestrian-only” with “non-motorized only.” AMENDMENT TO THE SUBSTITUTE MOTION RESTATED: Council Member Fine moved, seconded by Council Member XX to replace in the Motion, “pedestrian-only” with “bike and pedestrian-only.” AMENDMENT TO THE SUBSTITUTE MOTION WITHDRAWN BY THE MAKER SUBSTITUTE MOTION RESTATED: Mayor Scharff moved, seconded by Council Member Wolbach to add a new Program, “study the feasibility of converting parts of University Avenue to a pedestrian zone.” SUBSTITUTE MOTION PASSED: 9-0 MOTION: Council Member Wolbach moved, seconded by Vice Mayor Kniss to add a new Program T1.2.5, “pursue full participation of Palo Alto employers in the Palo Alto Transportation Management Association.” MOTION PASSED: 9-0 MOTION: Council Member Filseth moved, seconded by Council Member DuBois to: A. Update Goal L-1 to “a compact and resilient city prioritizing diverse and vibrant neighborhoods and compatibility with shopping and services, work places, public facilities, parks, and open spaces;” and B. Renumber Policy L-1.2 to Policy L-1.1 and replace “strengthen” with “prioritize;” and DRAFT ACTION MINUTES Page 5 of 12 City Council Meeting Draft Action Minutes: 10/30/17 C. Move and renumber Policy L-1.1 to L-1.2. AMENDMENT: Council Member Wolbach moved, seconded by Mayor Scharff to remove Part A from the Motion. AMENDMENT PASSED: 7-2 Holman, Kou no MOTION AS AMENDED RESTATED: Council Member Filseth moved, seconded by Council Member DuBois to: A. Renumber Policy L-1.2 to Policy L-1.1 and replace “strengthen” with “prioritize;” and B. Move and renumber Policy L-1.1 to L-1.2. MOTION AS AMENDED PASSED: 9-0 MOTION: Council Member Wolbach moved, seconded by Vice Mayor Kniss to replace in Policy L-1.3, “promote infill development” with “Palo Alto has a preference for infill housing. Infill development” and “that is compatible” with “should be compatible.” MOTION PASSED: 5-4 Filseth, Fine, Holman, Kou no MOTION TO RECONSIDER: Council Member DuBois moved, seconded by Mayor Scharff to reconsider the last Motion. MOTION PASSED BY ACCLAMATION MOTION: Council Member Wolbach moved, seconded by Vice Mayor Kniss to replace in Policy L-1.3, “promote infill development” with “Palo Alto has a preference for infill housing. Infill development” and “that is compatible” with “should be compatible.” MOTION FAILED: 2-7 Kniss, Wolbach yes MOTION: Council Member Wolbach moved, seconded by Council Member DuBois to add to the Introduction under the “Maintaining and Enhancing Community Character” heading, “in residential neighborhoods, commercial centers, and employment districts” after “best features” and “foster inviting pedestrian-scale commercial centers and distinctive employment districts” after “preserve neighborhoods.” DRAFT ACTION MINUTES Page 6 of 12 City Council Meeting Draft Action Minutes: 10/30/17 INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to replace in the Motion, “distinctive” with “distinct.” MOTION AS AMENDED RESTATED: Council Member Wolbach moved, seconded by Council Member DuBois to add to the Introduction under the Maintaining and Enhancing Community Character heading, “in residential neighborhoods, commercial centers, and employment districts” after “best features” and “foster inviting pedestrian-scale commercial centers and distinct employment districts” after “preserve neighborhoods.” MOTION AS AMENDED PASSED: 9-0 MOTION: Council Member DuBois moved, seconded by Council Member Holman to add a targeted list of Community Indicators as identified by the Comprehensive Plan Update Citizens Advisory Committee. SUBSTITUTE MOTION: Council Member Fine moved, seconded by Mayor Scharff to add a targeted list of Community Indicators including: A. Measure, greenhouse gas emissions; Metric, 80 percent below 1990 emissions by 2030 (Sustainability and Climate Action Plan goal); Recommended Monitoring Frequency, annually as part of Earth Day Report; and B. Measure, Vehicle Miles Traveled (VMT) per capita; Metric, decrease per year; Recommended Monitoring Frequency, annually as part of Earth Day Report; and C. Measure, Jobs/Housing balance (expressed as a ratio of jobs to employed residents); Metric, Ratio of jobs to employed residents; Recommended Monitoring Frequency, every 4 years; and D. Measure, Below Market Rate (BMR) units; Metric, number of units; Recommended Monitoring Frequency, annually as part of report to California Department of Housing and Community Development (HCD); and E. Measure, progress toward Housing Element goals; Metric, annual report to HCD; Recommended Monitoring Frequency, annually as part of report to HCD. DRAFT ACTION MINUTES Page 7 of 12 City Council Meeting Draft Action Minutes: 10/30/17 AMENDMENT TO THE SUBSTITUTE MOTION: Council Member Filseth moved, seconded by Council Member XX to direct Staff to propose a list of Community Indicators. AMENDMENT RESTATED AND INCORPORATED INTO THE SUBSTITUTE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Substitute Motion, “direct Staff to propose up to three additional Community Indicators.” (New Part F) SUBSTITUTE MOTION AS AMENDED RESTATED: Council Member Fine moved, seconded by Mayor Scharff to add a targeted list of Community Indicators including: A. Measure, greenhouse gas emissions; Metric, 80 percent below 1990 emissions by 2030 (Sustainability and Climate Action Plan goal); Recommended Monitoring Frequency, annually as part of Earth Day Report; and B. Measure, Vehicle Miles Traveled (VMT) per capita; Metric, decrease per year; Recommended Monitoring Frequency, annually as part of Earth Day Report; and C. Measure, Jobs/Housing balance (expressed as a ratio of jobs to employed residents); Metric, Ratio of jobs to employed residents; Recommended Monitoring Frequency, every 4 years; and D. Measure, Below Market Rate (BMR) units; Metric, number of units; Recommended Monitoring Frequency, annually as part of report to California Department of Housing and Community Development (HCD); and E. Measure, progress toward Housing Element goals; Metric, annual report to HCD; Recommended Monitoring Frequency, annually as part of report to HCD; and F. Direct Staff to propose up to three additional Community Indicators. SUBSTITUTE MOTION AS AMENDED PASSED: 9-0 MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to continue Agenda Item Numbers 3- 285 Hamilton [17PLN-00309]… and 11- PUBLIC HEARING/QUASI-JUDICIAL: 999 Alma… to a date uncertain. DRAFT ACTION MINUTES Page 8 of 12 City Council Meeting Draft Action Minutes: 10/30/17 MOTION: 9-0 Council took a break from 8:40 P.M. to 8:53 P.M. At this time Council took up Agenda Item Numbers 4-10. Minutes Approval 4. Approval of Action Minutes for the October 16, 2017 Council Meeting. MOTION: Vice Mayor Kniss moved, seconded by Council Member Wolbach to approve the Action Minutes for the October 16, 2017 Council Meeting. MOTION PASSED: 9-0 Consent Calendar MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to approve Agenda Item Numbers 5-9. 5. Resolution 9715 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing the City Manager to Regulate Operation of Personal Delivery Devices, Also Known as Autonomous Robots Within the City of Palo Alto for an Approximate 1-year Period.” 6. Approval of Amendment Number 1 to Contract Number S18169410 With Dixon Resources Unlimited in the Amount of $69,862 for a Total Not-to-Exceed Amount of $100,762 to Conduct the California Avenue Parking Management Study and Approval of a Budget Amendment in the California Avenue Parking Permit Fund. 7. Approval of Salary Schedule Amendments for Service Employees International Union (SEIU), Local 521 and the Utilities Management Professional Association of Palo Alto (UMPAPA). 8. Approval of a 5-year Contract With EnvisionWare, Inc. for Maintenance of the Automated Materials Handling Systems (AMHS) at Rinconada and Mitchell Park Libraries for a Not-to-Exceed Amount of $448,634. 9. Approval of a Professional Services Agreement With BKF Engineers for the Amount of $450,000 Over a 3-year Term for On-call Surveying and Design Support Services. MOTION PASSED: 9-0 DRAFT ACTION MINUTES Page 9 of 12 City Council Meeting Draft Action Minutes: 10/30/17 Action Items (Continued) 10. Adoption of an Ordinance of the Council of the City of Palo Alto Repealing Chapter 9.17 (Personal Cultivation of Marijuana) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code; Repealing Ordinance No. 4422; and Amending Chapters 18.04 (Definitions) and 18.42 (Standards for Special Uses) of Title 18 (Zoning) to Prohibit Medical Cannabis Dispensaries and Prohibit Commercial Cannabis Activities, Except for Deliveries. Environmental Assessment: The Ordinance is Exempt in Accordance With Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. MOTION: Mayor Scharff moved, seconded by Council Member Filseth to: A. Find the proposed Ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3); and B. Adopt an Ordinance prohibiting medical cannabis dispensaries and prohibiting commercial cannabis activities in the City of Palo Alto except for deliveries. The Ordinance would also repeal the temporary ban on outdoor cultivation due to new State law that regulates outdoor cultivation for personal use. AMENDMENT: Council Member Fine moved, seconded by Council Member Wolbach to add to the Motion, “using commercial cannabis regulations in nearby cities and our existing Public Peace, Morals, and Safety Codes as guides, direct Staff to return to Council within 6 months with options that would: i. Permit commercial cultivation, testing, manufacture, retail, and distribution of cannabis; and ii. Distinguish between sale and use on site; and iii. Create a monitoring mechanism. INCORPORATED INTO THE AMENDMENT WITH THE CONSENT MAKER AND SECONDER to remove from the Amendment Part i, “cultivation, testing, manufacture.” INCORPORATED INTO THE AMENDMENT WITH THE CONSENT MAKER AND SECONDER to add to the Amendment, “distinguish between consumption by smoking versus other types of consumption.” (New Part iv) DRAFT ACTION MINUTES Page 10 of 12 City Council Meeting Draft Action Minutes: 10/30/17 INCORPORATED INTO THE AMENDMENT WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Amendment, “distinguish between medical and recreational use.” (New Part v) AMENDMENT TO THE AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to replace “within 6 months” to “in 6 to 12 months.” AMENDMENT TO THE AMENDMENT FAILED DUE TO THE LACK OF A SECOND AMENDMENT TO THE AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to replace “return to Council” with “return to the Policy and Services Committee, followed by the Planning and Transportation Commission, and then Council.” AMENDMENT TO THE AMENDMENT RESTATED AND INCORPORATED INTO THE AMENDMENT WITH CONSENT OF THE MAKER AND SECONDER to replace “return to Council” with “return to the Policy and Services Committee.” AMENDMENT AS AMENDED RESTATED: Council Member Fine moved, seconded by Council Member Wolbach to add to the Motion, “using commercial cannabis regulations in nearby cities and our existing Public Peace, Morals, and Safety Codes as guides, direct Staff to return to the Policy and Services Committee within 6 months with options that would: i. Permit commercial retail and distribution of cannabis; and ii. Distinguish between sale and use on site; and iii. Create a monitoring mechanism; and iv. Distinguish between consumption by smoking versus other types of consumption; and v. Distinguish between medical and recreational use. AMENDMENT AS AMENDED FAILED: 2-7 Fine, Wolbach yes MOTION PASSED: 9-0 At this time Council returned to Agenda Item Number 1A. 1A. Discussion and Consideration of the Planning & Transportation Commission's Recommendations Regarding the Comprehensive Plan DRAFT ACTION MINUTES Page 11 of 12 City Council Meeting Draft Action Minutes: 10/30/17 Update and Adoption of Resolutions Certifying the Final Environmental Impact Report (EIR) for the Comprehensive Plan Update; Adopting Findings Pursuant to the California Environmental Quality Act (CEQA), and Adopting the Updated Comprehensive Plan Dated June 30, 2017 With Desired Corrections and Amendments, Which Comprehensively Updates and Supersedes the City's 1998-2010 Comprehensive Plan (Two Public Hearings Will Be Held: October 23, 2017 and November 13, 2017. On October 23, 2017, the City Council may Consider Action on the Planning & Transportation Commission’s Recommendations, Providing Direction to Staff, and Certification of the Final EIR. Other Actions Will be Deferred Until the Hearing on November 13, 2017.) (CONTINUED FROM OCTOBER 23, 2017). MOTION: Council Member DuBois moved, seconded by Council Member Filseth to implement Planning and Transportation Commission Consensus Item 1. AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to remove the proposed revision to Policy L-1.6. 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, “add to Policy L-1.6, ‘such as’ after ‘plans to guide development.’” MOTION AS AMENDED RESTATED: Council Member DuBois moved, seconded by Council Member Filseth to implement Planning and Transportation Commission Consensus Item 1, and add to Policy L-1.6, “such as” after “plans to guide development.” MOTION AS AMENDED PASSED: 6-3 Fine, Kniss, Scharff no MOTION: Mayor Scharff moved, seconded by Vice Mayor Kniss to accept no additional Planning and Transportation Commission Consensus Items. MOTION RESTATED: Mayor Scharff moved, seconded by Vice Mayor Kniss to accept Planning and Transportation Commission Consensus Items 3, 6, 8, and 9 and no additional Consensus Items. MOTION PASSED: 9-0 MOTION: Mayor Scharff moved, seconded by Council Member Fine to implement changes included in the Errata Table/Comp Plan Corrections and Clarifications. DRAFT ACTION MINUTES Page 12 of 12 City Council Meeting Draft Action Minutes: 10/30/17 MOTION PASSED: 8-1 Holman no MOTION: Mayor Scharff moved, seconded by Council Member Holman to continue this Item to November 13, 2017. MOTION PASSED: 9-0 Agenda Changes, Additions and Deletions None. 11. PUBLIC HEARING/QUASI-JUDICIAL. 999 Alma: Council Determination on a Waiver Request From the Retail Preservation Ordinance. Environmental Assessment: Exempt in Accordance With the California Environmental Quality Act (CEQA) Section 15061(b)(3) Guidelines (STAFF REQUESTS THIS ITEM BE CONTINUED TO A DATE UNCERTAIN). Study Session 3. 285 Hamilton [17PLN-00309]: Applicant Requests a Prescreening Discussion for a Possible Text Amendment That Would Allow Development Exceptions for Rooftop Decks Within the Downtown Area, Including the Subject Property. Environmental Assessment: The Subject Request is not a Project in Accordance With the California Environmental Quality Act (CEQA). Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Council Member Holman requested an update regarding Council Contingency Fund support of disaster relief for the North Bay fires. Council Member Wolbach reported his attendance at the Santa Clara Valley Transit Authority El Camino Real Rapid Transit Policy Advisory Committee. The Committee recommended each member city consider participating in a right-lane High Occupancy Vehicle (HOV) lane pilot along El Camino Real. Adjournment: The meeting was adjourned at 11:03 P.M. City of Palo Alto (ID # 8445) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: Declaration of Weeds a Nuisance Title: Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 22, 2018 for a Public Hearing for Objections to Proposed Weed Abatement From: City Manager Lead Department: Fire Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting January 22, 2018 for a Public Hearing for Objections to Proposed Weed Abatement For the 2018 Weed Abatement Cycle Recommendation Staff recommends that Council adopt the attached resolution: 1) Declaring weeds to be a public nuisance; 2) Setting January 22, 2018 for a public hearing on objections to proposed weed abatement; and 3) Directing staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code. Background On April 18, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for administration of weed abatement. For the past 40 seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management with results satisfactory to Palo Alto residents. Discussion Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. The procedures: City of Palo Alto Page 2 - Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement. - Public Notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the abatement will be carried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing. - Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections the Council may allow or overrule any or all objections. If objections are overruled, the County will be asked to perform the work of destruction and removal of weeds. The action taken by the Council at the November 13, 2017 meeting will set this public hearing date for January 22, 2018. Resource Impact There is no direct fiscal impact of this action to the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties. The Weed Abatement Program is a cost recovery program and does not receive funding from City or County general funds. Policy Implications This procedure is consistent with existing City policies. Environmental Review The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. Attachments:  Attachment A: Weed Abatement Setting for Pub Hearing Resolution 1 Resolution No. ____ Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting January 22, 2018 for a Public Hearing for Objections to Proposed Weed Abatement R E C I T A L S A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 2018 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2018 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map. SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code: IT IS FURTHER ORDERED that a public hearing shall be held on the 22 day of January, 2018 at the hour of 6:00 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration; IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code. SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed. 2 SECTION 4. The Santa Clara County, County Counsel has determined the Weed Abatement Program to be categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Deputy City Attorney City Manager _____________________________ Fire Chief _____________________________ Director of Administrative Services CITY OF PALO ALTO OFFICE OF THE CITY CLERK November 13, 2017 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance of the Council of the City of Palo Alto Repealing Chapter 9.17 (Personal Cultivation of Marijuana) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code; Repealing Ordinance No. 4422; and Amending Chapters 18.04 (Definitions) and 18.42 (Standards for Special Uses) of Title 18 (Zoning) to Prohibit Medical Cannabis Dispensaries and Prohibit Commercial Cannabis Activities, Except for Deliveries. Environmental Assessment: The Ordinance is Exempt in Accordance With Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines (FIRST READING: October 30, 2017 PASSED: 9-0) This Ordinance is before you today for a second reading. It was first heard on October 30, 2017 where it was unanimously passed by the City Council. ATTACHMENTS:  Attachment A: ORD Amending 9.17 Regulation of Marijuana (DOCX) Department Head: Beth Minor, City Clerk Page 2 NOT YET APPROVED 170503 th TS/ORD Amending 9.17 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Repealing Chapter 9.17 (Personal Cultivation of Marijuana) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code; Repealing Ordinance No. 4422; and Amending Chapters 18.04 (Definitions) and 18.42 (Standards for Special Uses) of Title 18 (Zoning) to Prohibit Medical Cannabis Dispensaries and Prohibit Commercial Cannabis Activities, Except for Deliveries. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1: The Council of the City of Palo Alto finds and declares as follows: A. On June 9, 1997, the Palo Alto City Council adopted uncodified urgency Ordinance No. 4422 declaring the establishment and operation of medical cannabis dispensaries to be a prohibited use under the City’s zoning ordinance. B. On October 24, 2016, the Palo Alto City Council adopted Ordinance No. 5399, prohibiting the outdoor cultivation of cannabis. That ordinance had a sunset date of one year from the date the ordinance took effect. C. On November 8, 2016, California voters passed Proposition 64, known as the Adult Use of Marijuana Act (AUMA), which legalized the use, sale, and consumption of recreational cannabis by persons 21 years of age and older. D. In June 2017, the California Legislature passed SB 94, which consolidated the state regulation of medical and recreational cannabis into the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), taking the place of the Medical Cannabis Regulation and Safety Act and the AUMA. E. The MAUCRSA provides base standards for personal cultivation of cannabis and allows local jurisdictions to legislate additional standards. (See Health and Safety Code section 11362.2). F. The MAUCRSA permits commercial cannabis activities subject to state licensure, but preserves local governments’ authority to regulate or ban commercial cannabis activities. (See, e.g., Business and Professions Code section 26200). G. Medical cannabis dispensaries and commercial cannabis activities are not listed in the City’s zoning code as permitted or conditionally-permitted land uses, making them prohibited under the principles of permissive zoning provisions. (See, e.g., City of Corona v. Naulls (2008) 166 Cal.App.4th 418). Nevertheless, the state may not necessarily recognize the application of permissive zoning principles as to cannabis-related uses. H. In order to protect the public health, safety, and welfare, the Palo Alto City Council desires to replace the existing uncodified prohibition of medical cannabis dispensaries NOT YET APPROVED 170503 th TS/ORD Amending 9.17 in Ordinance No. 4422 with new Code section 18.42.150 to prohibit medical cannabis dispensaries and prohibit commercial cannabis activities, with the exception of deliveries. The Palo Alto City Council also desires to repeal Ordinance No. 5399, codified at Chapter 9.17 of Title 9 of the Palo Alto Municipal Code, in recognition of new state law regulating cultivation for personal use. SECTION 2. Chapter 9.17 of Title 9 of the Palo Alto Municipal Code is hereby repealed. SECTION 3. Ordinance No. 4422 of the City of Palo Alto is hereby repealed. SECTION 4. Chapter 18.04 of Title 18 of the Palo Alto Municipal Code is hereby amended to add new subsection 18.04.030(a)(94.5) to read as follows: (94.5) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. (A) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in Division 10 of the California Business and Professions Code. “Commercial cannabis activity” does not include personal uses allowed by Health and Safety Code sections 11362.1 and 11362.2 or personal medicinal uses allowed by sections 11362.765 and 11362.77, as amended from time to time. (B) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (C) “Medical cannabis dispensary” is a facility where cannabis is made available for medicinal purposes in accordance with any provision of state law that authorizes the use of cannabis for medicinal purposes. SECTION 5. Chapter 18.42 of Title 18 of the Palo Alto Municipal Code is hereby amended to add new section 18.42.150 to read as follows: 18.42.150 Cannabis Cultivation and Commercial Activities (a) Prohibition of commercial activities. Commercial cannabis activity is not permitted. NOT YET APPROVED 170503 th TS/ORD Amending 9.17 (b) Exception for qualified delivery services. Notwithstanding the prohibition in section 18.42.150(a), delivery of cannabis from a business located outside the City of Palo Alto is permitted subject to the conditions of California Business and Professions Code section 26090, as amended from time to time. This section does not permit any temporary, persistent, or fixed physical presence used for commercial cannabis activities besides delivery vehicles in the active state of making a delivery to a specific person and location (c) Prohibition of medical cannabis dispensaries. Medical cannabis dispensaries are not permitted. (d) Regulations. The City Manager is authorized to approve and enforce regulations consistent with this section. (e) Enforcement. The City may enforce this section and its regulations in any manner permitted by law and is entitled to recover all costs, including attorneys fees, related to enforcement. The violation of this section is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief. SECTION 6. 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 7. CEQA. The City Council finds and determines that this Ordinance is not a “project” within the meaning of section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. / / / / / / / / / / / / NOT YET APPROVED 170503 th TS/ORD Amending 9.17 SECTION 8. 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 ______________________________ Deputy City Attorney City of Palo Alto (ID # 8646) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: SECOND READING: Development Services Muni Fee Schedule Title: SECOND READING: Adoption of an Ordinance Updating the Fiscal Year 2018 Municipal Fee Schedule to Adjust Development Services Department Fees (FIRST READING: October 2, 2017 PASSED: 7-1 Tanaka no, Scharff Absent) From: City Manager Lead Department: Development Services Department This ordinance was first heard by the City Council on October 2, 2017 and was passed 7-1 with Council Member Tanaka voting no, and Mayor Scharff absent. During the course of the staff presentation for a second reading on October 23, 2017, this item was pulled from the consent calendar to address some questions from the Council. Staff has prepared answers to Council’s questions on a small set of fees that were addressed at the October 23, 2017 City Council meeting. 1. Service conductor switch greater/less than 800 amps – why does the larger cost less than the smaller ($209 v. $367)? It is correct that “Greater than 800 amps” has a lower fee than “Less than 800 amps”, and these fees were set based on an analysis of actual costs to inspect these types of applications. Inspections for the larger are usually connected to larger scope projects that may have a combination of related inspections and overlapping field review. The larger scale projects benefit from economies of scale and types of staff assigned to each inspection. In contrast, Less than 800 amps projects have higher fees because they are generally small scale projects that require a single specialized inspection. 2. Landscape plan review – SF Residential - $1,193 seems out of scale with other fees; why is this so high? This fee includes compliance with regulations specific to landscaping, including a state mandated water efficiency ordinance and the City of Palo Alto Urban Forest Master Plan requirements. The fee is based on the 3.5 hours of intricate plan review required to cover both requirements. These fees are only triggered for landscape plans attached to a building permit, if the square footage of landscape for new City of Palo Alto Page 2 development is an area of 500 sq. ft. or more, or if the square footage of landscape for rehabilitated projects is an area of 2,500 sq. ft. or more. 3. Carnivals and Fairs – please define what events trigger this and prior applications This is a “legacy” Commercial permit that has been in our Muni Code for decades but has not been assessed in recent memory. This is designed to be used for large scale productions such as a circus, county fair, or carnival which would require extensive review of site plans, egress routes, as well as tent, ride, generator and cooking facility locations. This permit would also include several hours of on-site inspection (ride safety, tent anchoring, exit signage, fire extinguishers, etc.) to ensure public safety. City sponsored events and neighborhood or backyard events would not trigger this special permit and are typically inspected by the on-duty Engine Company from the district in question. This allows the Fire Department a no-cost means to promote public safety and goodwill, while also “pre-fire planning” how best to handle any emergency that might occur at the venue. 4. Parade Float – please define what events trigger this and prior applications This is a “legacy” Commercial permit that has been in our Muni Code for decades but has not been assessed in recent memory. This permit was designed to be used for large scale parades requiring the design review and inspection of dozens of mobile floats for fire resistance and structural integrity. 5. Place of Assembly – please define what events trigger this and prior applications This Commercial permit is for long-term, ongoing, venues used as gathering places for groups larger than 50 people. These would include restaurants, theaters, concert halls, etc. These facilities are inspected (exiting, CO2 & propane, sprinkler & alarm systems, ansul systems, extinguishers, signage, lighting, etc.) and permitted on an annual basis to ensure public safety. This fee does apply to non- profits, schools, etc., but not outdoor events. Basically, this permit is for large rooms inside buildings that are used for congregating. 6. Tent or Air Supported Structure – can you provide an example of this (if not a jumpy house)? Please define what events trigger this and prior applications. Also a question of whether this applies to city sponsored events. The Fire Department is bound by the California Fire Code (CFC Sec. 3103.2) to permit tents and membrane structures in excess of 400 square feet. This standard exists to protect the public from poorly engineered and improperly anchored structures which have been known to injure and even kill individuals due to collapse, fire, or becoming airborne in strong winds. The Fire Department follows the guideline set forth by the CFC to review any proposed structure which exceeds the minimum square footage. Working with the Building Department, a determination is made whether the proposed structure warrants a review of the engineering City of Palo Alto Page 3 and anchoring systems (as well as proposed: egress paths, exiting signage, and location of electrical/heating/extinguishers/etc.), at which time the permit fee would be assessed. This Commercial permit has been used for structures on the order of HP’s 20,000 square foot “tent” (April 2016), and has never been applied to a “jumpy house”. City sponsored events and small neighborhood or backyard events would not trigger this permit and are typically inspected by the on-duty Engine Company from the district in question. This allows the Fire Department a no-cost means to promote public safety and goodwill while also “pre-fire planning” how best to handle any emergency that might occur at the venue. Conclusion In an effort to clarify that many of the permits in question are geared toward commercial scale events, Staff is proposing to modify the fee titles as part of the FY 19 budget process while eliminating seldom used fees and making minor adjustments to any fees that need to be realigned to be fully cost recoverable. Attachments:  Attachment A: Ordinance for the FY 18 Muni Fee Schedule to Adjust Development Services Fees Not Yet Approved  1  Ordinance No. ____  Ordinance of the Council of the City of Palo Alto to Update the Fiscal Year 2018  Municipal Fee Schedule to Adjust Development Services Department Fees  The City Council of the City of Palo Alto does hereby ORDAIN as follows:  SECTION 1. Findings and declarations.  A. In 2016, the Development Services Department completed Phase I of a fee study to  update certain non‐valuation‐based fees for services, reserving an update of valuation‐based  fees for Phase II of the fee study.  B. In 2017, the Development Services Department completed Phase II of the fee study,  which recommended adjustments to the Department’s valuation‐based fees, the adoption of  an operating reserve, and associated changes.  C. On September 19, 2017, the Finance Committee reviewed the fee study and  recommended adoption of an ordinance updating Development Services Department fees in  accordance with the study’s recommendations, adjusted by the annual salary and benefits  adjustment of 5.5 percent.    SECTION 2. The Council of the City of Palo Alto adopts the Development Services  Department Reserve Fund Policy, as set forth in Exhibit “1” and incorporated herein by  reference.  SECTION 3. The Council of the City of Palo Alto adopts the changes to the Municipal  Fee Schedule as set forth in Exhibit "2" and incorporated herein by reference.  When effective,  such fees shall supersede any prior inconsistent fees charged by the Development Services  Department.  SECTION 4.  The amount of the new or increased fees and charges is no more than  necessary to cover the reasonable costs of the governmental activity, and the manner in which  those costs are allocated to a payer bears a fair and reasonable relationship to the payer's  burden on, or benefits received from, the governmental activity.   SECTION 5.   Fees in the Municipal Fee Schedule are for government services provided  directly to the payor that are not provided to those not charged. The amount of this fee does  not exceed the reasonable costs to the City of providing the services. Consequently, pursuant to  Art. XIII C, Section l(e)(2), such fees are not a tax.  SECTION 6.   Effective Date. The fee increases proposed for FY 2017 described in  Exhibit A shall become effective no sooner than sixty (60) days from the date of adoption of this  ordinance.  2  SECTION 7. CEQA. The adoption of user fees is exempt from environmental review  under the California Environmental Quality Act (CEQA).  (See CEQA Guidelines Section 15273.)  INTRODUCED:   PASSED: AYES: NOES:  ABSENT:   ABSTENTIONS:  ATTEST:  ____________________________  ____________________________  City Clerk Mayor  APPROVED AS TO FORM: APPROVED:  ____________________________  ____________________________  Deputy City Attorney City Manager  ____________________________  Director of Development Services  ____________________________  Director of Administrative Services  Page 1 of 2    Development Services Department  Reserve Fund Policy    Section 1. Purpose  The purpose of the Development Services Department Reserve Fund (DSDRF) is to build and  maintain an adequate level of unrestricted funds available to cover any unforeseen shortfalls  that arise outside of the regular budget planning process, as well as one‐time, nonrecurring  expenses that will build long‐term capacity The fund may not be used to create or hire new full  time benefited positions. The department intends for the operating reserve to be used and  replenished within a reasonable period of time. This policy will be implemented in conjunction  with the other financial policies of the City and is intended to support the goals and strategies  contained in those related policies and in strategic and operational plans.     Section 2. Definitions and Goals  The DSDRF is a designated fund set aside by action of the City Council. The target of the DSDRF  is equal to three (3) months of average recurring operating costs; with a range of 23 (minimum)  to 27 (maximum) percent with a target of 25 percent of average recurring operating cost.     The DSDRF is dynamic and will be reviewed and adjusted in response to internal and external  changes. In addition to calculating the actual reserve at the fiscal year‐end, the reserve fund  minimum, target and maximum can be adjusted by the Council as necessary each year during  the annual budget development process. These reserves will be reported to the Finance  Committee and City Council.  Section 3. Funding of Reserves  The DSDRF will be funded by a five (5) percent increase to all Development Services  Department fees as listed in the City’s Municipal Fee Schedule beginning in Fiscal Year 2018,  upon City Council approval, through Fiscal Year 2022. The City Council may, from time to time,  direct that a specific source of revenue be set aside for the DSDRF.   Section 4. Accounting for Reserves  The DSDRF will be recorded in the City’s accounting system and financial statements titled as  the Development Services Department Reserve Fund. The DSDRF will be maintained in  accordance with the City’s investment policy.    Section 5. Authority to Use the DSDRF  Authority to use the DSDRF will remain with the City Council. The City Manager will submit a  request to use the DSDRF to the City Council. The Director of Development Services  Department will prepare the report identifying the need for access to the DSDRF and confirm  that the use is consistent with the purpose of the reserves as described in this policy.  Determination of need requires analysis of the sufficiency of the current level of reserve funds,  the availability of any other sources of funds before using reserves, and evaluation of the time  period for which the funds will be required and replenished.         Exhibit 1 Page 2 of 2    Section 6. Fee or Rate Stabilization   DSDRF may be added to the Development Services Department revenue projections by action  of the City Council and held to manage the trajectory of future year rate increases.    Section 7. Reappropriation of DSDRF  At the end of each fiscal year the DSDRF will be reappropriated to the following fiscal year in  accordance with Palo Alto Municipal Code Section 2.28.090.     Section 8. Relationship to Other Policies  The City Manager maintains City Council approved policies, which may contain provisions that  affect the creation, sufficiency, and management of the DSDRF. It will be the responsibility of  the City Manager and Director of Administrative Services Officer to notify the Director of  Development Services if changes to city‐wide policies impact the DSDRF. These policies may be  City Council approved policies such as the Investment Policy or administrative policies within  the confines of the Municipal Code.    Section 9. Reporting, Monitoring and Review of Policy  The Director of Development Services is responsible for ensuring that the DSDRF is maintained  and used only as described in this policy. Upon approval of the use of DSDRF, the Director of  Development Services and the Director of Administrative Services will maintain records of the  use of funds and plan for replenishment. Staff will provide reports to the City Council within the  annual budget process, or sooner if warranted by internal or external events.                 Exhibit 1 Municipal Fee Schedule Proposed Fee Business Registry Fee $50.00 Technology Surcharge Note: This surcharge will be added to all fees in Development Services. 1.8% per fee A. $1.00 ‐ $1,000.00 Delete B. $1,000.01 ‐ $2,000.00 Delete C. $2,000.01 ‐ $25,000.00 Delete D. $25,000.01 ‐ $50,000.00 Delete E. $50,000.01 ‐ $100,000.00 Delete F. $100,000.01 ‐ $500,000.00 Delete G. $500,000.01 ‐ $1,000,000.00 Delete H. $1,000,000.01 and Up Delete Building Permit Fee Restructured to be 1.44% of Construction  Valuation based on the ICC Table I. Building Demolition Permit $498.00 J. Commercial Interior Non‐Structural Demolition Permit $179.00 Commercial and Multi‐Family Projects greater than or equal to $25,000.00 in  Valuation $305.00 See Above Current Fee $412.00 per permit $1,895.94 for the first $100,000.00 plus $10.63 for each additional $1,000.00 or  fraction thereof, to and including $500,000.00 $6147.94 for the first $500,000.00 plus $9.03 for each additional $1,000.00 or  fraction thereof, to and including $1,000,000.00 $10,662.94 for the first $1,000,000.00 plus $7.12 for each additional $1,000.00 or  fraction thereof If valuation exceeds $5,000,000.00, an alternative fee arrangement may be  established by the Chief Building Official to achieve full cost recovery. $431.00 (does not include C&D fees) per permit $196.00 (does not include C&D fees) per permit Construction & Demolition Building Permit Fees $73.00 Base Fee $73.00 for the first $1,000.00 plus $5.80 for each additional $100.00 or fraction thereof, to and including $2,000.00 $131.00 for the first $2,000.00 plus $26.53 for each additional $1,000.00 or fraction  thereof, to and including $25,000.00 $741.19 for the first $25,000.00 plus $19.69 for each additional $1,000.00 or  fraction thereof, to and including $50,000.00 $1,233.44 for the first $50,000.00 plus $13.25 for each additional $1,000.00 or  fraction thereof, to and including $100,000.00 DEVELOPMENT SERVICES Business Registry $50.00 per business Miscellaneous 1.8% of each transaction Building Exhibit 2 Municipal Fee Schedule Single Family and Two Family Projects greater than $25,000.00 and less than $75,000.00 in Valuations1 $163.00 Single Family and Two Family Projects greater than $75,000.00 in Valuation1 $210.00 A. Base Fee $115.00 B. New or Remodeled Square Footage Delete Air Conditioners $70.00 Busway, Power Duct, or Floor Duct Per Foot $58.00 Conditional Utility Agreement $236.00 Each Additional Meter $153.00 Fixtures, Switches, and Outlets $58.00 Lighting, Power and/or Control Panel Board, Switchboard Cabinet or Panel $70.00 Motor $58.00 Motor Generator $441.00 Range, Electric Clothes Dryer, or Water Heater $58.00 Service Conductor/Switch ‐ Greater than 800 amp $209.00 Service Conductor/Switch ‐ Less than 200 amp Delete Service Conductor/Switch ‐ Less than 800 amp $367.00 Special Circuit (Not Listed Herein)$58.00 Temporary Power Pole $58.00 Temporary Wiring for Construction $58.00 Commercial (Level 1 and 2)$357.00 plus $67.00 for each additional  station Commercial (Level 3 and 4)$426.00 plus $83 for each additional  station Residential (Level 1 and 2)$154.00 Residential (Level 3)$235.00 Commercial System (less than 10 kW)$557.00 Commercial System (10kW ‐ 49kW)$557.00 Commercial System (greater than 49kW)$748.00 Residential Systems (greater than 10kW)$357.00 $976.00 each $340.00 each $518.00 plus $102.00 for each additional station each $188.00 per station $264.00 per station Electrical Permits ‐ Photovoltaic Systems $600.00 each $901.00 each $181.00 each $75.00 each $75.00 each $75.00 each Electrical Permits ‐ Electrical Vehicle Charging Stations $427.00 plus $83.00 for each additional station $75.00 each $75.00 each $75.00 each $75.00 each $272.00 each $136.00 each $0.02 per square foot per square foot $91.00 per unit $75.00 each $265.00 each $75.00 each $75.00 each DEVELOPMENT SERVICES $172.00 per permit $252.00 per permit Electrical Permits $92.00 per permit Exhibit 2 Municipal Fee Schedule Residential Systems (less than 10kW)$165.00 Address Change $505.00 single; $244.00 each additional  All Other Publications $16.00 Construction/Maintenance Vehicles $80.00 Electric Service and Safety Inspection $197.00 Extension of Building Permit or Building Permit Application $79.00 Inspections and Investigations ‐ Outside Normal Business Hours Note: Inspections and investigations outside normal business hours (2‐ hour minimum). $369.00 per 1.5x OT Hour; $492.00 per  2.0x OT hour Inspections and Investigations ‐ Unclassified Note: Inspections and investigations for which no fee is specifically indicated (2‐hour  minimum). $246.00 Reactivation of Expired Building Permit ‐ All Others $222.00 Reactivation of Expired Building Permit ‐ Final Inspection Only $256.00 Reactivation of Expired Building Permit Application $156.00 Real Property Research Fee (1‐hour minimum)$229.00 Records Retention $6.00 per plan sheet Reinspection Fee ‐ Multi‐Family Residential and Non‐ Residential $137.00 Reinspection Fee ‐ Single Family Residential $76.00 each secondary inspection type;  $141.00 each primary inspection type per  Request for Release of Building Plans $77.00 Residential Inspection Guidelines Note: Available free online No Change Alterations and additions for single and multifamily > 1,000 sq ft $728.00 Alterations and additions for single family and multifamily < 1,000 sq ft and  increases conditioned space $441.00 If the project is over $100,000 Energy Star is required after 12 months of  occupancy $144.00$140.00 per review $247.00 each secondary inspection type; $315.00 each primary inspection type per  inspection $85.00 each $37.00 each Green Building $708.00 per review $429.00 per review 50% of original Building Permit Fee not to exceed the full cost to perform  remaining inspections as determined by the Chief Building Official $283.00 or 50% of original Building Permit Fee, whichever is less $211.00 per permit plus Plan Check Fees as applicable per permit $271.00 per hour $6.00 per plan sheet $315.00 each $18.00 each $81.00 per space per week. This includes FY 18 adjustment rate of 6%. $169.00 per hour $95.00 per application $408.00 per 1.5x OT Hour; $544.00 per 2.0x OT hour $254.00 per hour $91.00 each General & Miscellaneous Fees $399.00 single address; $192.00 each additional address DEVELOPMENT SERVICES Exhibit 2 Municipal Fee Schedule Landscape Inspection $190.00 Landscape Plan Review ‐ Non‐Residential & Multi‐Family $1,939.00 Landscape Plan Review ‐ Single Family Residential $1,193.00 Multi Family New Construction of 1‐3 (attached) units $949.00 Multi Family New Construction of 4 or More $1,523.00 New Commercial >50,000 SF $1,810.00 New Commercial 1,000 ‐ 25,000 SF $1,236.00 New Commercial 25,001 ‐ 50,000 SF $1,523.00 New Single Family $949.00 Tenant improvements, renovations or alterations > $200,000 in valuation (and  not triggered by a Calgreen Tier) $662.00 Tenant improvements, renovations or alterations > 5,000 SF Note: includes  replacement or alteration of at least two of the following: HVAC systems, building  envelope, hot water system, or lighting system and project greater than $200,000 $662.00 A. Base Fee $115.00 B. New or Remodeled Square Footage Delete Air Handlers up to and including 10,000 cfm $47.00 Boilers, Compressors and Absorption Systems: For the installation or  reloacation of each boiler or compressor up to 30 hp or each absorption  system up to and including 1,000,000 Btu/h $93.00 Boilers, Compressors, and Absorption Systems: For the installation or  relocation of each boiler or compressor exceeding 30 hp, or each absorption  system exceeding 1,000,000 Btu/h $93.00 Furnace, Flue and Associated Ducts $93.00 Miscellaneous Note: For each appliance or piece of equipment regulated by this code, but not classed  in other appliance categories, or for which no other fee is listed. $47.00 Process Piping System $46.00 Process Piping System ‐ Hazardous $47.00 Swimming Pool Heater $56.00 Ventilation and Exhaust $47.00$60.00 each Plan Review Fees $182.00 each $182.00 each $60.00 each $60.00 per permit $145.00 per permit $72.00 per permit $644.00 per review Mechanical Permits $92.00 per permit $0.02 per square foot $60.00 each $122.00 each $1761.00 per review $1202.00 per review DEVELOPMENT SERVICES $1481.00 per review $923.00 per review $644.00 per review $185.00 per inspection $1886.00 per review $1161.00 per review $923.00 per review $1481.00 per review Exhibit 2 Municipal Fee Schedule Additional Plan Review Note: Required by changes, additions, or revisions to plans including Alternative Means  and Methods (2‐hour minimum). For Elective (3rd party) and over‐the‐counter reviews  (half hour minimum). $191.00 Building Plan Check 75% Certified Access Specialist (CASp) Review/Consultation $367.00 Elective Plan Check 35% Fire and Life Safety Plan Check 54% Public Works Plan Check 44% Zoning Plan Check 35% A. Base Fee $115.00 B. New or Remodeled Square Footage Delete Atomospheric‐type vaccum Breakers $115.00 Backflow protective device other than atomospheric‐type $167.00 Gas Piping System $167.00 Industrial Waste Pretreatment Interceptor Note: Including trap and vent, except kitchen‐type grease interceptors functioning as  fixture traps $167.00 Medical Gas Piping System $167.00 Plumbing Fixtures Note: For each plumbing fixture on one trap or a set of fixtures on one trap (including  water, drainage piping, and backflow protection). $116.00 Plumbing Fixtures: For each building sewer $112.00 Rain Water Systems Delete Solar Hot Water System Note: Does not include Plan Check fee. $167.00 Storm Drain System $167.00 Swimming Pool $56.00 Water Heater, Vent or Other $84.00 Water Piping Note: Installation, alteration or repair of water piping, water treatment equipment or  both $84.00 Clotheswasher System $70.00 Complex System $167.00 Simple System $70.00 SB 1473 Fee $109.00 each $109.00 each Plumbing Permits ‐ Graywater Systems $91.00 each $217.00 plus plan review at cost $91.00 plus plan review at cost $91.00 each $145.00 each $91.00 each $217.00 each $217.00 each $72.00 each DEVELOPMENT SERVICES $109.00 each $217.00 each $217.00 each $217.00 each $217.00 each 45% of Building Permit fee 12% of Building Permit fee 30% of Building Permit fee Plumbing Permits $92.00 per permit per permit $0.02 per square foot $225.00 per hour 80% of Building Permit fee Actual cost of CASp Consultant plus 15% per hour. Restructured to a flat fee.  35% of Building Plan Check fee Exhibit 2 Municipal Fee Schedule A. $1.00 ‐ $25,000.00 Permit Valuation No change B. $25,001.00 ‐ $50,000.00 Permit Valuation No change C. $50,001.00 ‐ $75,000.00 Permit Valuation No change D. $75,001.00 ‐ $100,000.00 Permit Valuation No change E. Each $25,000.00 Increment or Fraction Thereof Above $100,000.00 No change F. Minimum No change Commercial No change Residential No change Certificate of Use and Occupancy $1,095.00 Certificate of Use and Occupancy ‐ Replacement $228.00 SB 1186 Mandated Fee Note: Does not include fees collected by the Fire Department. No change Temporary Occupancy Permit ‐ Multi‐Family Residential, Non‐Residential, and  Other Commercial $826.00 Temporary Occupancy Permit ‐ Single Family Residential and Commercial  Tenant Improvement less than 10,000 sq. ft. $606.00 Additional Non‐Residential Long‐Term (More than 5 days) Monthly No Change Dumpster, Container No Change Non‐Residential ‐ Single Day No Change Non‐Residential Long‐Term (More than 5 days)No Change Non‐Residential Short‐Term (Less than 5 days)No Change A. 101 ‐ 1,000 cubic yards No Change B. 1,001 ‐ 10,000 cubic yards No Change Public Works Engineering $197.00 for the first 100 cubic yards, plus $197.00 for each additional 100 cubic  yards or fraction thereof $1970.00 for the first 1,000 cubic yards plus $186.00 for each additional 1,000  cubic yards or fraction thereof Encroachment Permit $746.00 per month $310.00 each $1,249.00 each $2,039.00 each $1,466.00 each $123.00 each DEVELOPMENT SERVICES $1.00 each $673.00 each $498.00 each $1.00 minimum Strong Motion Instrument Program $28.00 per $100,000.00 permit valuation ($0.50 minimum) $13.00 per $100,000.00 permit valuation ($0.50 minimum) Use & Occupancy Permits $287.00 each $1.00 per valuation increment $2.00 per valuation increment $3.00 per valuation increment $4.00 per valuation increment Add $1.00 per valuation increment Exhibit 2 Municipal Fee Schedule C. 10,001 or more cubic yards No Change Tree Inspection for Private Development No Change Construction in Public Right‐of‐Way ($1.00 ‐ $5,999) Note: Including public or private subdivision streets No Change Construction in Public Right‐of‐Way ($6,000 ‐ $25,999) Note: Including public or private subdivision streets No Change Construction in Public Right‐of‐Way ($26,000 ‐ $100,999) Note: Including public or private subdivision streets No Change Construction in Public Right‐of‐Way ($101,000 +) Note: Including public or private subdivision streets No Change Storm Drain Plan Check Fee No Change Temporary Discharge to Storm Drain from Construction Site Dewatering No Change Additional Temporary Discharge to Storm Drain from Construction Site  Dewatering No Change Wet Season Construction Site Stormwater Inspection   Note: MRP requirement  for sites >1 acre and/or high priority (hillside, near creek, prior violation) No Change Emergency Response Fee ‐ Hazmat (PAMC 17.24.050)$350.00 Installation or Closure Without Approved Plans and/or Permits No Change Emergency Planning Guide No Change Long‐term Offsite Document Storage No Change Microfilm Copy/Print No Change Photographs No Change Fire $30.00 first print; $0.55 each additional print Hazardous Materials Classification Permits Up to $1,212.00 for each incident up to 100% cost recovery $275.00 ‐ $813.00 average fee range Documents $253.00 each $0.25 per page $3.25 per blueprint page; $0.30 per specification/ calculation page $4,093 per request to discharge $313.00 per week for the duration of dewatering activities DEVELOPMENT SERVICES $287.00 per month, charge monthly October through April Compliance Fees Permit Fees $712.00 per occurrence $712.00 + 8.8% of value greater than $6,000.00 $2472.00 + 10.8% of value greater than $26,000.00 10,572.00 + 9% of value greater than $100,000.00 $743.00 per project $3830.00 for the first 10,000 cubic yards plus $711.00 for each additional 10,000  cubic yard or fraction thereof Inspection Fees $139.00 per inspection Exhibit 2 Municipal Fee Schedule Compressed Gas $351.00 Corrosives $351.00 Cryogenic Fluid $351.00 Flammable and Combustible Liquids $351.00 Flammable Gas $351.00 Flammable Solids $351.00 Health Hazard (Liquids & Solids)$351.00 Liquefied Petroleum Gases $351.00 Organic Coatings $351.00 Organic Peroxides $351.00 Other Hazardous Materials ‐ Unclassified Note: Inspections and investigations for which no fee is specifically indicated (1‐hour  maximum) $351.00 Ovens ‐ Industrial Baking or Drying $351.00 Oxidizers (Liquids & Solids)$351.00 Oxidizing Gas $351.00 Pyrophoric Gas $351.00 Pyrophoric Materials (Liquids & Solids)$351.00 Pyrotechnical Special Effects Material $351.00 Radioactive Materials $351.00 Refrigeration Equipment $351.00 Spraying/Dipping $351.00 Tire Recapping/Tire Storage $1,397.00 Toxic, Highly Toxic, Moderately Toxic, Health Hazard Gas Note: Includes pesticides, fumigants, and etiologic agents. $351.00 Toxic, Highly Toxic, Moderately Toxic, Health Hazard Materials $351.00 Unstable Reactive Gas $351.00 Unstable Reactive Materials (Liquids & Solids)$351.00 Water Reactive Materials (Liquids & Solids)$351.00 Additional Approvals for Hazardous Materials Storage Permit Note: Additional  approval for permit to construct, temporary closure, permanent closure, otherwise  modify a hazardous materials storage facility. See CEQA for additional fees. $761.00 per occurrence plus $498.00 per  hour for time above two hours per  occurrence Business Plan (HMBP)$498.00 Late Fee for Hazardous Materials Storage Permit No Change $848.00 per occurrence plus $554.00 per hour for time above two hours per  occurrence $554.00 per location annually 25% of total Hazardous Material permit fee $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually Hazardous Materials Storage Permits $391.00 annually DEVELOPMENT SERVICES $391.00 annually $391.00 annually $391.00 annually $1,561.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually $391.00 annually Exhibit 2 Municipal Fee Schedule Level I Facility Note: Minimal storage as defined by having no hazardous materials over CFC permit  amounts as specified in CFC section 105. $351.00 Level II Facility Note: Quantities exceeding CFC permit threshold, but less than 50 gal., 500lbs or 200 cu.  ft. Category also includes dry cleaning, fixed medical gas, auto or aircraft repair, and  service stations. $703.00 Level III Facility Note: Quantities exceed 50 gal. 500lbs, or 200 cu. ft. and not categorized as Level II. $1,406.00 Petroleum Aboveground Storage Tank Note: Includes 2 hrs inspection time. $703.00 Provisional (6 Month)$703.00 Additional Inspection or Reinspection Fee $699.00 for up to 2 hours reinspection plus  $349.00 per hour (during business hours)  After Hours Inspection Fee Note: Fee for before or after normal business hours; weekends and holidays included.  Fee is to be paid in advance of inspection. $524.00 As‐Built Plan Check and Additional Work $699.00 Care Facility Inspection Including Fire Clearance $349.00 for facilities with 7‐25 clients;  $699.00 for facilities with more than 25  Christmas Tree Lot/Pumpkin Patch $349.00 High Rise Building ‐ Certificate of Compliance Note: Certificate of compliance inspection for each high rise building which is required  by state law to be inspected and certified annually as meeting minimum compliance  with applicable state of California fire and life safety standards for existing high rise  b ildi (CFC11143) $1456.00 annually for up to 4 hours;  $349.00 for each additional hour Outside Cooking Booths $524.00 Standby Fire Watch Note: Per person. $349.00 Use and Occupancy Fire Inspection $349.00 Additional Hours Over Plan Review/Inspection $249.00 Alternate Means and Methods Application Note: 2 hr maximum. $746.00 Appeals to Decisions $349.00 Consultation Fee $349.00 Hydrant Flow Fee $349.00$391.00 per occurrence Life Safety & Fire Protection $148.00 per inspection Investigations & Consultations $308.00 per hour $735.00 per application $391.00 per hour $391.00 per hour $390.00 for facilities with 7‐25 clients; $780.00 for facilities with more than 25  clients per inspection $391.00 each DEVELOPMENT SERVICES $1626.00 annually for up to 4 hours; $391.00 for each additional hour $210.00 each $391.00 per hour $782.00 annually $782.00 plus other hazardous materials classification permit fees if applicable.  Includes 2 hrs inspection time. Inspection Fees $781.00 for up to 2 hours reinspection plus $390.00 per hour (during business  hours) per inspection $585.00 per hour; 4 hour minimum $780.00 per review $391.00 annually per location. Includes 1 hr inspection time. $782.00 annually per location plus other hazardous materials classification permit  if applicable. Includes 2 hrs inspection time. $1565.00 annually per location plus other hazardous materials classification permit  if applicable. Includes 4 hrs inspection time. Exhibit 2 Municipal Fee Schedule Hydrant Installation/Modification ‐ Private $175.00 Automatic Fire Sprinkler Installation/Modification Note: Includes hydrostatic test $1543.00 for 1‐19 Sprinkler Heads;  $1,724.00 plus $3.00 per head for 20 or  Express Fire Protection Plan Check Fee No Change Fire Alarm System Installation and Modification $948.00 plus $21.00 a device or contract  point Fire and Life Safety Plan Check ‐ Commercial Note: Includes one inspection and reinspection. $0.54 Fire Prevention Inspection of Private Schools $699.00 Fire Protection and Fire Access Plan Review for New Single Family Dwellings  or Additions $773.00 Multifamily dwellings, hotels & motels 51‐100 units $699.00 Multifamily dwellings, hotels & motels greater than 100 units $1,048.00 Multifamily dwellings, hotels, motels 4‐50 Units $349.00 Other Automatic Fire Extinguishing System Note: Includes hood and duct, FM 200, Inergen, and C02. If a system has a release  panel, Fire Alarm fees apply as well. $948.00 Site Disaster Planning $349.00 Standpipe System ‐ Wet, Dry, or Combination $699.00 Temporary Certificate of Occupancy $757.00 Underground Fire Service Line Note: Includes 4 hrs of inspection and 1 hr of plan check $1,647.00 Verification of Fire Protection System Maintenance and Certification $64.00 Aerosol Products $437.00 Bowling Alley and Pin Refinishing Involving the use of Flammable Liquids $1,019.00 Candles and Open Flames in Assembly Areas $349.00 Carnivals and Fairs $1,456.00 Cellulose Nitrate Storage/Nitrate Film $102.00 Hot Work (Welding) Operations No Change Liquid or Gas‐Fueled Powered Equipment/Generator $349.00 Malls ‐ Covered $699.00 Occupant Load Increase ‐ Temporary Public Assembly $349.00 Open Burning $349.00 $113.00 annually $391.00 each $391.00 each $782.00 annually $391.00 each $391.00 each DEVELOPMENT SERVICES Specific Hazard Permits $488.00 annually $1,138.00 each $391.00 annually $189.00 each $1,090.00 per occurrence $390.00 per hour $780.00 per riser $377.00 per occurrence $1,870.00 per occurrence $88.00 annually The Fire and Life Safety Plan Review Fee is 45% of the Building Plan Check Fee and  is collected by the Building Division at the time an application of a Building Permit  is submitted. $780.00 annually $894.00 each $780.00 annually $1,170.00 annually $391.00 annually $195.00 per device $780.00 for 1‐19 Sprinkler Heads; $1,724.00 plus $4.80 per head for 20 or more  Sprinkler Heads $173.00 per occurrence $1090.00 plus $23.00 a device or contract point Exhibit 2 Municipal Fee Schedule Open Flame/Flame Producing Devices $349.00 Operate a Tank Vehicle to Transport Flammable/Combustible Liquids $495.00 Parade Float $351.00 Place of Assembly $703.00 Place of Public Assembly ‐ Temporary $349.00 Tent or Air Supported Structure Note: Tent or air‐supported structure having an area in excess of 200 sq. ft. or canopies  in excess of 400 sq. ft. Fee includes a public assembly permit of $125.00 for all tents. $734.00 Commercial & Residential windows, skylights and doors, New and alteration  (structural) (per 5) $279.00 Commercial & Residential windows, skylights and doors, New and alteration  (structural) (per 10) $140.00 Residential Reroof $279.00 Residential Reroof (overlay)$70.00 Commercial and multifamily reroof (first 5000 sf)$279.00 commercial and multifamily reroof (each additional 2500 sf)$70.00 Kitchen (non structural) per each $210.00 Bathroom (non structural) per each $279.00 Commercial & Residential Siding replacement or repair $140.00 commercial & Residential Stucco replacement or repair $210.00 Commercial doors, new and alteration (structural) per 5 doors $210.00 Commercial doors, new and alteration (structural) per 10 doors $140.00 Residential dry rot repair and replacement $70.00 Deck, new or repair up to 1000 sf $210.00 Deck, new or repair each additional 1000 SF $70.00 Sign permit $116.00 Residential and commercial window awnings (group of 5)$70.00 Cell Tower Equip $210.00 Building  New Fees $391.00 each $553.00 per vehicle $122.00 per hour $782.00 per occurrence $391.00 each $307.00 each Exhibit 2 Municipal Fee Schedule Utilities Handling Fee $116.00 Progress and partial inspections $56.00 Green Building ‐ Special Inspector applications and qualifications (internal  review) $395.00 Green Building ‐ Special Inspector applications and qualifications (renewal  update) $197.00 Special Inspections ‐ materials testing lab certification (up to 4 hours)$1,579.00 Miscellananeous Building ‐ base fee $115.00 Retaining Walls ‐ first 100 LF $93.00 Retaining Walls ‐ each additional  100 LF $46.00 Fees not listed above will either be based on an applicable hourly rate or at  the given valuation TCO fee for Vendors/Stock Occupancy (requires at least one additional  inspection $1,125.00 Emergency Responder Radio Coverage (testing) fee $492.00 Fire New Fee Certifications Exhibit 2 Attachment B City of Palo Alto (ID # 8586) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: Vulnerable Buildings Seismic Risk Assessment Study Title: Direct Staff to Return to Policy and Services Committee With Amendments to the Municipal Code for the Regulation of Seismic Vulnerable Buildings (Continued From October 16, 2017) From: City Manager Lead Department: Development Services Department Recommendation Unless council directs otherwise, staff intends to take the existing research and findings on seismically vulnerable buildings completed to date (explained in this report and attachments) and start the process of drafting updates to local regulations, policies, and procedures including an analysis of any potential CEQA requirements. Staff will be returning to Council for request to enter into a new contract(s) for technical services and then work with the Policy and Services Committee and ultimately the City Council to review revised language, options, and implications associated with modifications to seismic compliance in our municipal code. Background This work was completed per direction given by the City Council in 2014, in response to the Napa Valley earthquake. Staff has been working in collaboration with a multi-stakeholder group made up of other city departments and external interest groups along with support from a technical consultant to review our exposure to seismic hazards. We have developed the following findings. In 1986, the City Council adopted the Seismic Hazards and Identification Program, codified in the Palo Alto Municipal Code, to establish a mandatory evaluation and reporting program including incentives for property owners to voluntarily upgrade their structurally deficient buildings. Three categories of buildings are addressed in that ordinance: 1. Category I Buildings: Buildings constructed of unreinforced masonry (URM), except for those smaller than 1,900 square feet with six or fewer occupants. These buildings are located in the Downtown Commercial area. 2. Category II Buildings: Buildings constructed prior to January 1, 1935, containing one City of Palo Alto Page 2 hundred (100) or more occupants. 3. Category III Buildings: Buildings constructed prior to August 1, 1976, containing three hundred (300) or more occupants. On September 15, 2014, several weeks after August 24, 2014 Napa Valley earthquake, the City Council received an update from the Office of Emergency Services regarding the Threats and Hazard Identification Risk Assessment report. During the study session, City Council suggested that the Policy and Services Committee: 1. Identify and prioritize buildings that pose potential risks in earthquakes, including soft story buildings and other types of construction. 2. Review and summarize best practices from other government agencies regarding prioritization of various seismically vulnerable buildings, including retrofit incentives and requirements. 3. Review current or pending State legislation related to soft-story buildings and other structurally deficient buildings. On December 9, 2014 the Council’s Policy and Services Committee recommended the City Council authorize a Request for Proposal to prepare an update to the City’s Seismic Hazards Identification Program and update the inventory of structurally deficient buildings in the multi- family, commercial and industrial areas of the city, categorizing building typologies to include: 1. URM, 2. Soft-Story, 3. Tilt-Up Construction, 4. Non-ductile Concrete, and 5. Steel Moment Frame. On August 17, 2015, City Council approved a contract with Rutherford + Chekene to complete a study and provide recommendations for improvement of City’s Seismic Program. On April 17, 2017, staff advanced a comprehensive information report to City Council including the results of the Rutherford + Chekene report. Discussion The April 17, 2017 staff report (attached) is a thorough analysis including a 34 page staff summary of the Rutherford + Chekene’s 110 page report. The Rutherford + Chekene report is also attached however any non-pertinent appendixes have been removed to save paper. All documents related to the study and previous staff reports are located on the City’s website: http://www.cityofpaloalto.org/gov/depts/ds/srmag.asp. In addition to the support from our consultant, staff convened a Seismic Risk Management Advisory Group (SRMAG). The group consisted of residents, experienced contractors, property owners and local advocates. Six meetings were held, led by the Rutherford + Chekene and included staff from Building, Planning, Fire, Office of Emergency Services, and Public Works. The intent of the SRMAG process was not to gain consensus or ratify any particuarly policy proposal, but rather to gauge community interest, clarify alternative directions, and highlight City of Palo Alto Page 3 key issues that need to be addressed moving forward. The SRMAG expressed little to no support for leaving the status quo program unchanged. Strong support did exist for: 1. Taking action to resolve buildings (through retrofit or demolition) already in the program, particularly URM buildings, 2. Addressing more building types, particularly soft story wood-frame, and 3. Utilizing a variety of disclosure measures and potentially some incentives. All presentations and minutes from the meetings are also available on the aforementioned website. Attachment A summarizes policy options that came out of the Seismic Risk Assessment, as presented to staff and discussed by the SRMAG. Staff intends to take action on recommendations provided to the Council on provided on April 17, 2017 in Staff Report 7095. Program Options: 1. Status quo; 2. Increase number of building types regulated, but retrofit remains voluntary; 3. Increase number of building types regulated with additional disclosure measures incorporated; 4. Increase number of building types regulated, some building types have voluntary retrofit and a few building types have mandatory retrofit, with enforcement by a trigger threshold when the building is sold or undergoes substantial renovation; 5. Increase number of building types regulated, retrofits for some categories are voluntary and a few categories are mandatory, with enforcement by a fixed timeline; 6. Increase number of building types regulated, but more categories are required to have mandatory retrofits. Building Types: In an effort to more accurately capture the diverse range of existing building types the study suggested staff consider the expansion of the existing building types to include four additional types. Attachment A is a summary table indicating the category, approximate number of buildings in each category, the building type, date of construction, occupant levels, threshold elements, deadlines and potential incentives. 1. Existing: Category I Buildings: Buildings constructed of unreinforced masonry (except for those smaller than 1,900 square feet with six (6) or fewer occupants). These buildings are located in the Downtown Commercial area. 2. Existing: Category II Buildings: Buildings constructed prior to January 1, 1935, containing one hundred (100) or more occupants. 3. Existing: Category III Buildings: Buildings constructed prior to August 1, 1976, containing three hundred (300) or more occupants. 4. Proposed: Category IV Buildings: Buildings constructed of soft-story wood frame, prior to 1977. City of Palo Alto Page 4 5. Proposed: Category V Buildings: Building constructed of tilt-up, prior to 1998. 6. Proposed: Category VI Buildings: Building constructed of soft-story concrete, prior to 1977. 7. Proposed: Category VII Buildings: Buildings constructed of steel moment frame, prior to 1998. Types of Disclosure Measures Another outcome of the study and stakeholder engagement resulted in the identification of potential ways to disclose the seismic vulnerability of a building. Attachment B is a table describing the disclosures listed below with their description, examples of use, advantages, and disadvantages. Given that staff has to further define and verify the current inventory of vulnerable buildings and assess community, business and economic implications, having all measures available will be helpful. 1. Mandatory disclosure at the time of sale 2. Recorded notice on deed 3. Public listing of affected properties 4. External signage 5. Tenant notification 6. Earthquake performance rating system Types of Incentives The study conducted by the team of staff, stakeholders and technical consultant revealed a range of incentives that could be used in seeking compliance with a proposed seismic retrofit ordinance. Attachment C is a table describing the incentives listed below with their description, examples of use, advantages, and disadvantages. Going forward staff intents to explore the following incentives as we review options and draft an ordinance that will be reviewed by the Policy and Services Committee and back to the City Council. 1. Expedited Planning Entitlement 2. Density or Intensity Bonuses, such as Floor-to-Area Ratio (FAR) bonuses 3. Exemptions for Non-Conformities 4. Zoning Incentives 5. Condominium Conversion Assistance 6. Exemption from Future Retrofit Requirements 7. Transfer of Development Rights (TDR’s) 8. Permission to add units (such as in soft-story wood frame apartment construction) 9. Expedited Building Permitting 10. Technical Assistance Summary of Seismic Risk Assessment Study Key Findings Due the volume and depth of information provided in the April 17, 2017 staff report as well as the Seismic Risk Assessment Study, staff and our consultant have prepared the following key findings. For a more detailed understanding of these findings staff recommends the City Council City of Palo Alto Page 5 and community read the April 17, 2017 staff report and the Seismic Risk Assessment Study. 1. Thirty years later, Palo Alto’s existing mandatory evaluation, voluntary retrofit program has been largely successful at addressing buildings with URM load-bearing walls. 2. The modest scope of the existing program and lessons learned from seismic events since the program was adopted, means that we now believe there are vulnerable building types that have not been addressed. Five additional categories were identified from the Risk Assessment Study as meeting the criteria of being potentially hazardous and having a meaningful presence in Palo Alto. The decision whether to include some or all of these five categories in an expanded seismic retrofit program is an important policy decision. Based on an initial review, there are approximately 635 buildings located throughout the City, both residential and commercial uses, that may fall into these categories. 3. If no action is taken, losses in these buildings from a large nearby seismic event may be significant, on the order of $2 billion. That estimate does not include lives lost, economic disruption, loss of housing, emergency services costs, displacement or other effects. 4. Estimated losses could be reduced by up to one third to one half if all the identified vulnerable structures were retrofitted. For all five additional categories recommended for consideration, analysis of protype retrofitting strategies showed high likelihood of being cost-effective. In other words, losses avoided will exceed retrofit costs, in some categories by fourfold or more. This does not suggest that all of the retrofits would necessarily be financially feasible for current building owners, particularly in the absence of incentives and/or favorable financing terms. 5. Over the past ten years, an increasing number of California cities have expanded their seismic mitigation programs to address one or more of the five additional vulnerable building types identified in the Risk Assessment. In particular, five Bay Area cities (San Leandro, Fremont, Berkeley, Oakland and San Francisco) have well-established mandatory retrofit programs for soft-story wood frame buildings, which are typically multi-family residential or mixed use. Cities with newer programs include Los Angeles and West Hollywood. Several cities have also implemented or are actively considering ordinances for tilt-up and older concrete structures. 6. Most programs package together a variety of policy features and timelines that differ by building type(s) and priority tiers. Education, notification and appeal, evaluation, permit application and retrofit deadlines are implemented in phases during an overall timeframe ranging from two to 25 years. A variety of incentives can also be offered for some or all affected owners, but in fact, very few cities offer any kind of significant financial assistance beyond fee waivers. Resource Impact Implementation of future City Council action and development of an expanded Seismic Hazards and Identification program and ordinance would result in additional costs to private property owners. Attachment D is a table of financing tools provide by Rutherford + Chekene. Staff is not seeking Council input at this stage. Upon returning to Policy and Services Committee, staff will provide recommendations for possible financing strategies. City of Palo Alto Page 6 Staff time from Development Services, Planning and Community Environment, Fire, Office of Emergency Services, and Public Works departments will continue to be needed. Additionally, consulting services to further define and verify the current inventory of vulnerable buildings; assess community, business and economic implications; and to determine scope of updates to local regulations, policies and procedures will be required. Staff will return to the Council for authorization to enter into a new contract(s) for technical services including potentially CEQA compliance and will work with the Policy and Services Committee to review options, implications and ultimately draft a new ordinance that will come before the City Council for approval. Environmental Review No environment review is necessary under California Environmental Quality Act (CEQA) at this time, as staff is continuing to collect information for City Council action. Staff will conduct the appropriate level of environmental assessment may be required prior to adoption of updates to the City’s Seismic program. Attachments:  Attachment A - Program Options and Building Types  Attachment B - Types of Disclosure Approaches  Attachment C - Types of Policy Incentives  Attachment D - Types of Financial Tools  Attachment E - 4-17-17 Staff Report  Attachment F - Seismic Risk Assessment Study by Rutherford + Chekene Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 4 Summary of Recommended Policy Directions from the Seismic Risk Management Program Advisory Group Category Approx. Number Building Type Date of Construction Occupants Evaluation Report Voluntary, Triggered, or Mandatory Retrofit1 Deadlines for Evaluation Report and Retrofit Construction (years)2 Disclosure Potential Incentives Current Program (Potential Revision in Italics) I 10 Un- reinforced masonry NA Over 6 (and over 1,900 sf) Required Mandatory Report: Expired Construction: 2-4 Website listing and tenant notification Fee waiver, expedited permitting, FAR bonus/ transfer of development rights (TDR) II 4 Any Before 1/1/35 Over 100 Required Voluntary or Triggered Report: Expired Construction • Voluntary: Not required • Triggered: At sale or renovation III 9 Any Before 8/1/76 Over 300 Required Voluntary or Triggered Expanded Program IV 294 Soft-story wood frame Before 1977 Any Required Triggered or Mandatory Report: 2-4 Construction • Triggered: At sale or renovation • Mandatory: 4-6 Same as above Fee waiver, expedited permitting, TDR, parking exemptions, permission to add units V 99 Tilt-up Before 1998 Any Required Triggered or Mandatory Report: 2-4 Construction • Triggered: At sale or renovation • Mandatory: 4-6 Same as above Same as Categories I, II and III VI 37 Soft-story concrete Before 1977 Any Required Voluntary, Triggered or Mandatory Report: 2-4 Construction • Voluntary: Not required • Triggered: At sale or renovation • Mandatory: 6-8 Same as above Same as Categories I, II and III VII 35 Steel moment frame Before 1998 Any Required Voluntary, Triggered or Mandatory VIII TBD Other older nonductile concrete Before 1977 Any Not rec. at this time Not recommended at this time Report: NA Construction: NA NA NA 1Voluntary: Retrofit is voluntary. Triggered: Retrofit is triggered when the building is sold or undergoes substantial renovation. Mandatory: Retrofit is required per a fixed timeline. 2Deadlines provide a potential range. Timelines would vary depending on tiers or priority groupings of different subcategories. Attachment A Seismic Risk Assessment Study December 21, 2016 Final Report Page 56 Table 4: Description of disclosure approaches used in local earthquake risk reduction programs. Name Description Examples of Use Advantages Costs, Issues or Concerns Mandatory Disclosure at Time of Sale Sellers of property are required to disclose features that could relate to earthquake performance. California Earthquake Fault Zone disclosure; Sellers of pre-1960 homes are required to fill out to the best of their knowledge and provide buyers with Residential Earthquake Hazards Report. Empowers buyers to be aware of any known existing hazard issues. Anecdotally, many buyers do not pay enough attention to these disclosures, which occur during emotional, busy decisionmaking periods. They may not seek expert information to interpret the reported information. It is also possible that sellers shirk on the disclosure requirements if buyers do not know that they are supposed to receive them. Difficult to enforce. Recorded Notice on Deed Jurisdictions can record on the property title or deed the fact that the building is subject to additional requirements related to its earthquake vulnerable status. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Relatively low cost for jurisdictions to implement. Empowers buyers but also mortgage companies to be aware of any known existing hazard issues. Anecdotally, it is not clear how many buyers or mortgage companies pay attention to these notices. Such notices are primarily effective only at time of sale or refinance. Attachment B Table 4 (continued) Seismic Risk Assessment Study December 21, 2016 Final Report Page 57 Name Description Examples of Use Advantages Costs, Issues or Concerns Public Listing of Affected Properties Jurisdictions that operate web sites to describe their programs can feature a full list of property addresses, potentially also including also the compliance status of the property. In general, owner names are not listed, though that information is available if a member of the public searched for it separately. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Relatively low cost for jurisdictions to implement. Could be used by tenants and buyers when searching for properties, thus empowering well- informed market negotiations over pricing. Website information needs to be updated on a regular basis in order to be perceived as fair and useful. Public lists work better if the property addresses are searchable, rather than static (e.g., on a pdf). External Signage Jurisdictions that operate web sites to describe their programs can feature a full list of property addresses, potentially also including the compliance status of the property. Some lists are searchable, while others are static. California state requires a sign on all URM buildings. Similar signage has been required since 2007 on soft-story wood frame buildings in the City of Berkeley. Advocates argue that signs are justified based on the public's right to know. The physical presence and repeated viewing of signage may make the issue more salient for visitors, employees, lease holders, and owners alike. Owners may view the signs as stigmatizing or threatening to property value or business revenues, but anecdotally, it is not clear how much visitors, employees, residents, and other users of a building pay attention to signage when entering or leaving a property. Attachment B Table 4 (continued) Seismic Risk Assessment Study December 21, 2016 Final Report Page 58 Name Description Examples of Use Advantages Costs, Issues or Concerns Tenant Notification Owners are required to present straightforward, standardized information about the listed status of the property. Some jurisdictions require proof of notification (e.g., tenant signature) to be returned and kept on file with the city. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Tenant notification may be more influential than signage because it is personalized and the information is delivered at a useful time in that person's decision process. Advocates claim that tenant notification is justified based on the public's right to know. To be effective, tenant notification should be required to occur well before the potential tenant is ready to sign the lease. Earthquake Performance Rating Systems Owners can be either encouraged or required to have their building rated on a standardized scale that classifies expected building performance in an earthquake in an easier to understand format, for instance from one to five stars. Viable rating systems exist for many building types. The City of Los Angeles in 2015 officially launched a voluntary effort to encourage owners to rate their properties using the US Resiliency Council system and pledged to rate its own public buildings as well. Rating system use is common for institutions like universities and hospitals. Mechanisms for implementing performance ratings for commercial use have recently matured and are now viable. Ratings have the potential to inform owner, renter and buyer decisions, creating a market effect. Obtaining a rating potentially adds cost to a design project. Ratings systems such as USRC’s are relatively new and not yet widely implemented. Attachment B Policy Incentives Used in Local Earthquake Risk Reduction Programs.    Type of Incentive  Description Examples of Use Advantages Costs, Issues or Concerns  Density or Intensity  Bonuses  Specific increases in the  maximum allowable  building density or  intensity to help offset  the added costs of  seismic upgrades.  Palo Alto’s Floor Area Ratio  bonus program.  Owners that invest in a retrofit  can expand their projects in  order to increase future  revenue.  Typically,feasible only in areas of high growth. Sometimes  controversial because of  potential community impacts  such as increased traffic, parking  needs, and rental rates.    Exemptions for Non‐ Conformities  Relief from timelines or  waivers of required work  such as fire resistance  upgrades and sprinklers,  Title 24 energy analysis  and upgrades, parking,  setback or other current  code measures that  would otherwise be  triggered by the size of  the project being  undertaken for projects  involving qualifying  retrofit work.    None identified.Offering relief from what may  be expensive rehabilitation of  nonconforming uses can make  seismic retrofits easier to design  and more affordable.  May be viewed as an excessive  concession to owners among  some members of the public.  Attachment C Type of Incentive  Description Examples of Use Advantages Costs, Issues or Concerns  Zoning Incentives Specific concessions  regarding encroachment  into setbacks, increased  allowable floor/area  ratios (FAR), height  limits, or onsite parking  requirements to help  offset the added costs of  seismic upgrades.  Since 1986, Palo Alto  allowed owners of included  buildings in the downtown  area to expand the floor  area if the owner  performed seismic  upgrades. Buildings were  also exempted from onsite  parking requirements and  fees for offsite parking.  Useful when bond financing  options are prohibitively costly  or not much more attractive  than private credit terms. Most  likely to work when zoning plans  in the community generally call  for limited to no growth. Costs  to the city are mainly in the  form of technical and design  cost review of proposed  projects.  Similarly‐situated properties  must be treated alike so as to  avoid claims of "spot zoning."  Citizens may object to special  treatment for work that could  be seen as essential anyhow.  Not likely to work in locations  with little development pressure  or where the community favors  growth.  Condominium  Conversion Assistance  Process expediting for  condo conversion for  properties that  seismically retrofit.  None identified.In jurisdictions where condo  conversation rates are capped  or allocated by lottery, offering  priority to buildings that retrofit  could be an effective tool to  promote seismic upgrading of  multifamily buildings.  May negatively impact other  housing affordability goals. Only  available to owners that can  afford it, unless accompanied by  other assistance programs.      Exemption from Future  Retrofit Requirements  Relief from imposition of  future retrofit  requirements for a  certain period following  completion of qualifying  seismic work.  The City of Berkeley offered  a 15‐year exemption from  future retrofit requirements  for soft‐story wood frame  properties that did a retrofit  concurrent with its  mandatory evaluation  program.    This can motivate owners to  complete retrofit work sooner  rather than later in order to  reduce uncertainty about future  city policies, and allows owners  to better anticipate business  expenses over a longer term.  The jurisdiction could not easily  impose new regulation on  exempted properties, even if  such policies became warranted  by new technologies or  knowledge.  Attachment C Type of Incentive  Description Examples of Use Advantages Costs, Issues or Concerns  Transfer of Development  Rights (TDR)  TDR allow owners to  transfer unused  development rights that  are comparable to the  value of the retrofit to  another site.  Very commonly used for  historic preservation,  including in Palo Alto.  Useful when the use of the  building in question is not likely  to generate added value to  justify the costs of the retrofit  work. This is most useful when  retrofit costs can be particularly  high and there are natural or  regulatory use restrictions.     Careful analysis of construction  costs is necessary to avoid  situations of under‐ or over‐  compensation.  Expedited Permits,  Inspections, and Reviews  Prioritization,  expediting, or bypassing  of certain internal  protocols for over the  counter permits and  inspection processes for  projects involving  seismic retrofit work.   Several Bay Area cities have  anecdotally stated that this  is their internal policy, but  no official records of such  were identified.  This can relieve the burden of  time and hassle for owners in  getting permits and inspections,  which are a significant source of  cost and uncertainty for owners  during retrofit projects.  Requires flexibility on the part of  city staff and plan check  consultants.  Technical Assistance Case‐management style  assistance for owners  and/or engineers during  the process of obtaining  financing, complying,  permitting, and carrying  out retrofit projects. This  is different than  engineering advice  about how to resolve  specific technical issues  of design.   Cities such as Berkeley have  found it necessary to  maintain additional staff to  operate their mitigation  programs. A significant  portion of their staff time is  devoted to owner and  engineer consultation.   Knowledgeable staff can help  owners navigate complex issues  such as investigating and  applying for incentives (if  offered), following guidelines, or  addressing the necessary  standards.   Labor costs to the city for  additional staff. Difficulty  sustaining project funding and  staff continuity over time.   Attachment C   Financial Tools Used in Local Earthquake Risk Reduction Programs.    Financial Tools  Description Examples of Use Advantages Costs, Issues or Concerns  General Obligation or  Special District Bonds  Direct provision of funds  for qualifying retrofit  work based on voter  approval of issuance of  new municipal or state  debt to be repaid by  taxation.   This mechanism is  commonly used for seismic  improvements to  infrastructure, but also has  been used in URM building  programs and for retrofit of  historic properties. One  URM example is the city of  Long Beach, which offered  11.3% interest financing to  participating members of a  Special District created for  URM building owners.   Once passed, this type of  funding can be distributed over  time as provided for in the  approved wording.   Must be approved by two thirds of voters, which sets a high bar  even if there is significant public  support. Jurisdictions must  administer the allocation of  funds and have at times not  been able to use all of it. Owner  education about the provisions  of the program is critical.  Owners of highly leveraged  buildings and buildings in  depressed areas may be unable  to meet prerequisite loan‐to‐ value ratio criteria. Retrofits are  generally not revenue‐ generating improvements upon  which financing can be  leveraged.    Grants Direct provision of funds  for qualifying retrofit  work.   CEA's Earthquake Brace &  Bolt program for single  family homes.  Some sources exist for city‐scale  projects or privately‐owned  buildings, such as FEMA Pre‐ Disaster Mitigation Grants.  Limited sources exist. Programs  can be difficult to manage  administratively. Fairness  concerns exist over which  owners can benefit.    Attachment D   Financial Tools  Description Examples of Use Advantages Costs, Issues or Concerns  Property‐Assessed  Financing Loans  Also known as a  Property Assessed Clean  Energy (PACE) program,  this works as a loan to  an individual property  owner, transferrable to  future owners, where  the upfront costs of  qualifying work are  repaid over a period of  approximately 20 years  through the owner's  property tax  assessment.  San Francisco's PACE  program.  Provides an upfront way for  owners to access private capital  to afford retrofit projects. The  loan can be paid off over time  through higher rents or at future  sale, as well as being  transferrable to future owners.  Administratively complex for  both jurisdictions and owners.  Challenges include setting up  this complex financing  instrument which has heavy  involvement of third parties,  barriers to owners that want to  refinance, and barriers to the  transfer of a PACE‐financed  properties to a new owner.  Owners may not need it if  affordable regular market  capital is available. Lenders may  resist allowing an additional  lien.  Tax Credits Waiver of a portion of a  business, parcel, or  income tax for a number  of years to encourage  owners to retrofit.    Although vetoed by the  Governor, the legislature of  California passed AB 428 in  2015, which would have  offered up to 30% credit for  qualifying retrofit costs.  The funding source can be  outside the local jurisdiction,  and depending on the clarity of  program requirements, owners  can count on the funds as part  of planning their project.  Owners would need to be aware  of the credit and verify  qualifying work and complete all  follow up documentation.  Mostly benefits owners already  intending to retrofit and those  with more financial and business  sophistication.  Attachment D   Financial Tools  Description Examples of Use Advantages Costs, Issues or Concerns  Real Estate Transfer Tax  Rebates  Building owners can  apply for a rebate of a  fraction (usually 1/3, up  to a cap) of the amount  of the transfer tax owed  to the city for a property  at sale for any qualifying  seismic improvement  expenditures made  within a certain period  before or after transfer  of title.   This policy has existed in  Berkeley since 1991 for  residential dwellings up to  four units and in San  Francisco since 2008 for  properties worth $5 million  or more.  In Berkeley, the program was  immediately popular and  eventually highly influential in  increasing support for other  earthquake policies because it  touched so many community  members and firmly established  a tone that the city takes seismic  risk seriously and will put its  “money where its mouth is.”  About half the single‐family  homes and one third of the  smaller rental buildings in  Berkeley have claimed the  credit, leading to widespread  community awareness of  seismic safety issues.    The jurisdiction forgoes tax  revenue. Anecdotally in  Berkeley, city officials had no  easy way to assess the quality of  work done. Some experts  suspect that some of the funds  went to incomplete or  improperly done retrofits.  Waivers or Reductions of  Building Department  Fees  Full waivers, fixed,or  percentage‐based  reductions of building  permit fee reductions.  The Jurisdictions of San  Francisco, Berkeley, and  Alameda have offered flat  or waived plan check fees  as an incentive for owners  to retrofit their buildings.  Oakland currently offers a  flat permit fee of $250 for  owners of qualified single‐ family residences to  perform seismic retrofits.  Modestly reduces the cost of a  retrofit project. Easy for city to  implement. Perceived by  owners as a significant gesture  of good will by owners, who  may feel it is "the least the city  could do."  This measure has direct loss of  revenue implications for the  jurisdiction.  Attachment D   Financial Tools  Description Examples of Use Advantages Costs, Issues or Concerns  Pass Through of Retrofit  Costs to Tenants  For residential  properties in  jurisdictions with rent  control laws in place,  owners who seismically  retrofit their buildings  could be allowed to pass  through all or a fraction  the costs of these  retrofits to renters in  rent‐controlled units,  amortized over a  particular time period  such as 10 years.       Berkeley is 100% pass‐ through, San Francisco is  50%, and Oakland is %75.  Perceived as fair by owners  because tenants that benefit  most from the retrofit work pay  a share of it. Owners can use  this anticipated source of  revenue as a basis for securing a  loan.  Tenants with fixed or low  incomes might suffer hardship  with the added costs, although  hardship provisions can lessen  those effects.  Special District or  Historic Designation Tax  Reductions  Creation of Mello‐Roos,  Mills Act, historic or  other special districts  that are then eligible for  special loans, grants, or  tax credits.  For URM buildings, the  jurisdictions of St. Helena  and West Hollywood used  Mello‐Roos funding.  Provides a clear way for a local  jurisdiction to provide direct  funding or special financing  rates for privately‐owned  vulnerable properties.  Can be difficult for jurisdictions to initiate and carry out. Owners  must join the special district at  the outset or will be left out of  future funding availability.      Attachment D City of Palo Alto (ID # 7095) City Council Staff Report Report Type: Informational Report Meeting Date: 4/17/2017 City of Palo Alto Page 1 Summary Title: Palo Alto Seismic Risk Assessment Study Results Title: Palo Alto Seismic Risk Assessment Study Results From: City Manager Lead Department: Development Services Department RECOMMENDATION This is an Informational Report, no City Council action is required at this time. Staff recommends that the City Council review the Seismic Risk Assessment Study prepared by Rutherford + Chekene, structural engineers. The study includes input from City of Palo Alto’s Seismic Risk Management Advisory Group. Once Council is familiar with this study, staff will prepare to return for a study session and direction. EXECUTIVE SUMMARY This informational item is intended to give the City Council advance background for an upcoming study session related to a Seismic Risk Assessment Study of vulnerable building construction in Palo Alto. In 2014, following the 6.0 magnitude earthquake in August 2014 in the Napa Valley and the Office of Emergency Service’s Threats and Hazard Identification and Risk Assessment Report, the Council directed staff to identify and prioritize buildings that pose a potential seismic hazard in Palo Alto; review ‘best practices’ used by other communities for addressing retrofit of seismically vulnerable buildings; and review current and pending State legislation addressing these building types. Rutherford + Chekene was selected to perform a comprehensive assessment of the expected performance of the City’s building stock in potential earthquakes, including a community engagement effort to help identify resiliency goals and associated mitigation policies and programs. Specific details about the report can be found in this staff report and attached consultant report. (Attachments B) In this staff report, staff has summarized the outcome of the Seismic Risk Assessment and the Advisory Group’s input on revisions to consider for the City’s Building and Zoning Ordinances. Some of the study recommendations have significant policy and cost implications that will require further study and Council review. All of these recommendations are discussed in this staff report and in the detailed technical reports attached. (Attachments B and G) Attachment E City of Palo Alto Page 2 Next steps following council study session on this matter may include public outreach to educate the community on vulnerable buildings. Staff, with the help of consultants, will review potential incentives for retrofits and policies to minimize displacement of existing uses and tenants. Staff would return to the Council with a recommendation to revise the current seismic mitigation ordinance based on findings and community feedback. To be effective, there will need to be a plan for staffing the program. Finally, during the study session staff will also discuss potential policy implications such as displacement of existing building uses and tenants, incentives for voluntary building retrofits, and the effects these benefits might have on construction. BACKGROUND On September 15, 2014, the City Council directed staff to work with the Policy and Services Committee to address the following: A. Identification and prioritization of buildings that pose a potential hazard in an earthquake, including soft-story buildings and other types of construction B. Review of "best practices" from other cities regarding prioritization of various seismically vulnerable buildings, including retrofit incentives and requirements C. Review of current or pending State legislation related to soft-story buildings and other structurally deficient buildings Two events precipitated the Council’s direction: (1) the 6.0 magnitude earthquake on August 24, 2014, in Napa Valley and (2) the City Council’s review of the Office of Emergency Service’s Threats and Hazard Identification and Risk Assessment report on September 15, 2014, which identified over 130 seismically vulnerable buildings. (Attachment C) <http://www.cityofpaloalto.org/civicax/filebank/documents/43866> Current Code Provisions, Building Identification and Prioritization In 1986, the City Council adopted the Seismic Hazards and Identification Program codified at PAMC Section 16.42. (Attachment A) This ordinance established a mandatory evaluation and reporting program and created incentives for property owners primarily in the Downtown area to voluntarily upgrade their structurally deficient buildings. Three categories of buildings were identified, including: 1. Category I Buildings: Buildings constructed of unreinforced masonry (except for those smaller than 1,900 square feet with six (6) or fewer occupants). These buildings are located in the Downtown Commercial area. 2. Category II Buildings: Buildings constructed prior to January 1, 1935, containing one hundred (100) or more occupants. 3. Category III Buildings: Buildings constructed prior to August 1, 1976, containing three hundred (300) or more occupants. Attachment E City of Palo Alto Page 3 The categories used in 1986 were developed by a citizens’ committee, reviewed by staff and the Policy and Services Committee, and adopted by the City Council. These categories were created to record known URM buildings and other potentially structurally deficient buildings with relatively high numbers of occupants. This program identified 89 buildings and was successful in two significant ways. One hundred percent (100%) of the property owners complied with the ordinance and submitted engineering reports detailing structural deficiencies and recommendations to strengthen structures to alleviate the threat of collapse. Further, approximately seventy-four percent (74%), or sixty-six buildings, were strengthened, demolished, or proposed to be demolished. See (Attachment D) for current status of all inventoried properties. Part of this success may be attributed to incentives that allowed upfront engineering report costs be applied toward permit fees and the ability for property owners in the Downtown Commercial (CD) district to add up to 2,500 square feet of new floor area, or twenty-five percent (25%) of the existing building area, whichever is greater, to the site without having to provide additional parking. This floor area bonus could be used onsite or transferred to another owner or property in the Downtown Commercial district. Approximately twenty- one (21) property owners took advantage of this incentive. Despite its successes, twenty-three (23) buildings identified from that original inventory remain vulnerable. Further, there are other building types in the City that were not surveyed prior to adoption of the 1986 ordinance. For example, problems with soft story wood-frame construction were documented following the 1994 Northridge Earthquake, which resulted in changes to construction industry standards a few years later. In 2003, the Collaborative for Disaster Mitigation at San Jose State University completed an “Inventory of Soft-First Story Multi-Family Dwellings in Santa Clara County.” According to the report, the City of Palo Alto had 130 soft story multi-family buildings including 1,263 residential units housing 3,158 occupants. Other construction types of concern that were not surveyed in 1986 include non-ductile concrete buildings, older steel moment frame buildings, and older concrete tilt-up buildings, in addition to soft story wood-frame construction. The City’s existing ordinance requires annual reporting to the City Council on the status of the program. This reporting appears to have ended in 2004 for unknown reasons. More recently, the City Council adopted an ordinance (Attachment E - update to ORD 5356) modifying the seismic incentive so that parking must now be provided if an owner seeks to add 2,500 square feet or 25% of the total building area in the CD District. Policy and Services Recommendation and Council Authorization On December 9, 2014, the Policy and Services Committee of the Palo Alto City Council Attachment E City of Palo Alto Page 4 recommended the City Council authorize a Request for Proposal (RFP) to develop information for use in updating the City’s Seismic Hazards Identification Program (Ordinance 3666). See Staff Report 5293 “Discussion of Updating the Seismic Safety Chapter of the Municipal Code for Hazardous Buildings” (Attachment D). The City Council approved the recommendation and an RFP was prepared. A consulting team led by Rutherford + Chekene was selected to: A. Develop summarize relevant state and local seismic mitigation legislation B. Obtain detailed information on Palo Alto’s existing building stock C. Develop conceptual retrofits for vulnerable building types D. Make loss estimates of expected damage to current and retrofitted building E. Work with a City advisory group to develop policy recommendations for consideration by the Council. A stakeholder Advisory Group was convened and was an essential element in discussing earthquake risks in Palo Alto’s existing building stock prepared by the consultant team and in reviewing policy alternatives. Members included people with a range of relevant expertise and interests, including interested citizens, earthquake risk and engineering experts, local developers and owners, and representatives of various community groups. City departments also participated in the Advisory Group, including Building, Planning, Fire, Office of Emergency Services, and Public Works. See Attachment F for a list of Advisory Group members. City Policy Implications Currently, the City is in the process of updating its Comprehensive Plan. In its Goal statements, this document expresses the community’s vision for its future. Further, in its policies, the Plan defines the appropriate actions to implement the vision. The Seismic Risk Assessment Study’s findings and its guiding conclusions informed by the Seismic Risk Management Advisory Group are integral to several key elements of the Comprehensive Plan: the Safety Element, the Housing Element, and the approach to, and needs for, coordinated Community Emergency Services. Policies being considered in the Comprehensive Plan Safety Element support regular review and update of the City’s seismic retrofit regulations. Although focused on multiple family and commercial structures, the seismic risk assessment identifies both the type of seismically vulnerable structures and the geographic areas in the community that will be most affected by a major earthquake. To gage the impact, the study looked at the cost of retrofitting each type of structure. It also evaluated the community impact of the aftermath of a major earthquake in terms of loss of property and effect on the City’s economy. Palo Alto is currently participating with the other cities in the County in updating the State and Federally mandated five-year update of the Santa Clara County Local Hazard Mitigation Attachment E City of Palo Alto Page 5 Plan (Santa Clara LHMP) as required by the Federal Disaster Mitigation Act of 2000. This plan is required before Palo Alto can request FEMA assistance following a natural disaster. The Local Hazard Mitigation Plan focuses on community mitigations to fire, flood and earthquake events. The data in the Seismic Risk Assessment Study will be useful as a tool to inform the Santa Clara LHMP about the City’s needs in the event of a major earthquake. The Council’s subsequent direction on revising of the City’s seismic renovation requirements will be integrated into Palo Alto’s mitigations outlined in the Santa Clara LHMP plan. The Seismic Risk Assessment Study and its implementation have important implications for both City and emergency planning policy. First and foremost, the study provides valuable information for the development of the City’s long range planning policy expressed in the Comprehensive Plan in areas of community safety, housing, and coordination of community services, which also includes community education and neighborhood volunteers. It also provides information that can be used to refine the community’s vision regarding its residents’ wellbeing and improve its preparedness for a major seismic event by addressing risk to loss of life and property associated with vulnerable building types. The information can also improve the community’s ability to recover from a major seismic event including displacement of residents and businesses, loss of housing and commercial buildings and community wide economic impacts and recovery. Other policy implications involve the potential for displacement of existing uses and tenants if building owners need to remove the uses/tenants to upgrade their buildings or if they increase rents to cover the cost of engineering studies and retrofit work, and the how this displacement can be minimized. Also, potential incentives for voluntary building retrofits may need to be considered along with changes to the existing zoning incentives (Transfer of Development Rights program) that grant bonus square footage to buildings that are retrofitted downtown, and the potential impacts/benefits that might result from new incentives or modifications. SEISMIC RISK ASSESSMENT STUDY The risk assessment carried out by R+C included a series of task reports. They have been combined into one composite report as Attachment B and include surveys of state and local seismic policies and practices, an inventory of buildings in Palo Alto, a summary of vulnerable building categories, conceptual seismic retrofitting of representative vulnerable buildings, loss estimates for the current condition of the building stock and if buildings are retrofit, a review of past seismic retrofits in Palo Alto from selected City records, and a discussion of additional recommended program features for an improved seismic risk mitigation program. Table 1 summarizes the outcome of the seismic risk assessment and includes the Advisory Group discussions. The table is organized around eight vulnerable building categories or building types. Categories I, II and III encompass the identified vulnerable buildings for the Attachment E At t a c h m e n t E ,, Table 1: Summary of Recommended Policy Directions from the se1smic Risk Management Program Advisory Group Category Approx. Building Date of Occupants Evaluation Voluntary, Deadlines for Evaluation Report and Disclosure Potential Incentives Number Type Construction Report Triggered, or Retrofit Construction (years)1 Mandatory Retroflt1 Current Program (Potential Revision In Italics) I 10 Un-N/A Over6 Required Mandatory Report: Expired Website Fee waiver, expedited reinforced (and over Construction: 2-4 listing and permitting, FAR bonus/ masonry l,900Sf} tenant trans/ er of development II 4 Any Before 1/1/35 OverlOO Required Voluntary or Report: Expired notification rights (TDR) Triggered Construction Ill 9 Any Before 8/1/76 Over300 Required Voluntary or • Voluntary: Not required Triggered • Triggered: At sole or renovation Expanded Program IV 294 Soft-story Before 1977 Any Required Triggered or Report: 2-4 Same as Fee waiver, expedited wood Mandatory Construction above permitting, TOR, parking frame • Triggered: At sale or renovation exemptions, permission to • Mandatory: 4-6 add units V 99 Tilt-up Before 1998 Any Required Triggered or Report: 2-4 Same as Same as Categories I, II and Mandatory Construction above Ill • Triggered: At sale or renovation • Mandatory: 4-6 VI 37 Soft-story Before 1977 Any Required Voluntary, Report: 2-4 Same as Same as Categories I, II and concrete Triggered or Construction above Ill Mandatory • Voluntary: Not required VII 35 Steel Before 1998 Any Required Voluntary, • Triggered: At sale or renovation moment Triggered or • Mandatory: 6-8 frame Mandatory VIII TBD Other older Before 1977 Any Not rec. at Not Report: N/A N/A N/A non-ductile this time recommended Construction: NA concrete at this time 'voluntary: Retrofit Is voluntary. Triggered: Retrofit Is triggered when the building ls sold or undergoes substantial renovation. Mandatory: Retrofit ls required per a fixed tlmellne. 2Deadllnes provide a potential range. Timellnes would vary depending on tiers or priority groupings of different subcategories. City of Palo Alto Page 7 Figure 1: Category IV, Wood-frame Soft Story Building built before 1977 Earthquake Damage Figure 2: Category I, Unreinforced Masonry Building Earthquake Damage Figure 3: Category I, Unreinforced Masonry Building Earthquake Damage Attachment E City of Palo Alto Page 8 Survey of State and Local Seismic Policies The risk assessment study includes two reports that address (1) a detailed review of the seismic risk management policy context within the State of California including relevant State legislation, and (2) the status of local seismic safety and mitigation programs. Development of the reports included searches of legislative data bases, search and review of published and online reports and materials, phone interviews with community leaders as well as local and State government staff, and development of insights from the consulting team based on their experiences in this arena. The two reports were discussed at Advisory Group meetings and helped inform the development of potential seismic risk management policies relevant to Palo Alto. State Level Policy Review The report on State level risk mitigation policies provides review of relevant historic and pending State legislation related to seismic risk mitigation of vulnerable buildings. High level legislative findings from the report include the following: A. Palo Alto is affected by numerous relevant California existing laws and regulations dating from the 1930s through the present. These laws regulate many aspects of Palo Alto’s built environment, including certain classes of building uses such as hospitals, public schools, and essential facilities; setting code minimums for new construction; and mandating land use planning and real estate disclosure measures for natural hazards including earthquakes. Unreinforced masonry (URM) is at present the only structural system type for which the State requires local jurisdictions to have a program. B. If it so chooses, Palo Alto has wide authority to expand or strengthen its approaches to seismic mitigation. The power to do more about earthquake vulnerabilities is primarily in the hands of the local jurisdictions that have significant discretion in the kinds of policies they can adopt. C. Palo Alto has many additional actions it can take to make sure it is complying and taking greatest possible advantage of State level regulations and opportunities. In particular, opportunities exist now to align a new seismic program with two ongoing mandated planning efforts the City is already engaged in: Palo Alto’s Comprehensive Plan update and the Santa Clara County Local Hazard Mitigation Plan update. Based on what state laws allow and in some cases recommend policy directions Palo Alto could pursue going forward include the following: A. Implement measures to increase the effectiveness of its current program, for instance by offering additional or larger incentives or devoting more resources to program visibility and implementation B. Expand the City’s current voluntary seismic mitigation programs to address additional building types, uses, or sizes Attachment E City of Palo Alto Page 9 C. Add mandatory screening or evaluation measures for one or more vulnerable building types such as soft-story wood frame or concrete buildings D. Upgrade the City’s current voluntary URM program to make retrofitting mandatory E. Create a program that mandates seismic retrofits for one or more additional (non-URM) vulnerable building types F. Craft a program that combines any or all of the above measures. Local precedents for all of these types of approaches exist G. Continue the status quo current program Local Program Best Practice Assessment The local program best practices assessment report reviews current practices among local jurisdictions and agencies that require seismic retrofitting. The report summarizes what has been done legislatively and programmatically to increase awareness, assess, and motivate mitigation of seismically vulnerable buildings. Palo Alto is currently laying a solid foundation for future program development by investing in new inventory and risk information as well as community outreach and internal staff discussions. In doing so, it is joining a group of leading California coastal jurisdictions such as Berkeley, Oakland, San Francisco and Los Angeles that have recently stepped up their earthquake risk reduction efforts. San Leandro and Fremont have also had policies in place for over a decade. While there is much learning and information sharing going on, each jurisdiction has developed their own customized policy package. There is no single best model that Palo Alto can straightforwardly adopt. Existing local approaches differ widely in the following ways: A. Policy mechanisms used to achieve progress B. Scope of targeted building types or uses addressed C. Prioritization for retrofit among vulnerable structures and compliance timeframes D. Types of incentives offered to property owners E. Disclosure measures used to increase public awareness Policy Mechanisms The policy mechanisms being used by other jurisdictions range from inventory only with no subsequent requirements to mandatory retrofit completion in under five years. In between are more gradual approaches such as voluntary retrofit advocacy, incentives, provisions that make building deficiencies more visible to the public (disclosure measures), and mandatory screening and evaluation requirements. An important policy decision is whether any mandated actions are implemented on a fixed timeline or triggered at sale or at some renovation cost threshold. Attachment E City of Palo Alto Page 10 Scope of targeted building types and characteristics The most commonly addressed building type is unreinforced masonry (URM) construction due to state law SB 547, passed in 1986. Over half of URM building programs in the state require mandatory retrofit, often but not always, with a time frame on the order of ten to twenty years. By 2006, seventy percent of all identified URM buildings statewide were either demolished or retrofitted. Retrofit rates on average were three times higher in jurisdictions with mandatory retrofit compared to voluntary programs. Jurisdictions used a wide variety of both financial and policy incentives to assist URM building owners. Some voluntary URM building programs coupled with incentives, including Palo Alto’s, have achieved similar rates of success to mandatory programs. More recent programs have focused on soft-story wood frame multi-family residential buildings, including ten Bay Area jurisdictions and, most recently, Los Angeles as of 2015. Soft-story wood frame building programs range in requirements from notification only to mandatory retrofit. Several jurisdictions have innovatively used intermediate mandatory screening and evaluation phases to further assess risk exposure and determine the final set of buildings that will be affected by retrofit requirements. Soft-story wood frame programs have largely been supported in the local community. Compliance timeframes in soft-story wood frame programs tend to be short, on the order of two to seven years. A comparatively small number of Southern California jurisdictions have acted to address older concrete buildings, including Los Angeles, Burbank, Santa Monica, and Long Beach. Non-ductile concrete frame and tilt-up concrete structures, in particular, are known to pose serious risks. Programs aimed at older concrete buildings range from voluntary guidelines to mandatory evaluation and full retrofit requirements. Timeframes on mandatory retrofit of older concrete buildings vary greatly, from years to decades. Information about the implementation and outcomes of these few programs is very limited. Incentives To complement program compliance requirements, jurisdictions can offer either financial or policy oriented incentives. Financial incentives in increasing order of cost and implementation difficulty include: waivers or reductions of building department fees, pass through of retrofit costs to tenants (in jurisdictions with rent control), property-assessed financing loads, subsidized or special term loans, real estate transfer tax rebates, special district or historic designation tax reductions, tax credits, grants, and general obligation bonds. Program incentives in order of increasing difficulty include exemption from future retrofit requirements, expedited reviews, exemption or relief from standards or non- conforming conditions, condominium conversion assistance, technical assistance for retrofitting, zoning incentives, transfer of development rights, and density or intensity bonus such as a floor area or floor area ratio bonus. Jurisdictions vary widely in the extent and type of incentives offered, and many offer a number of different types of incentives. Attachment E City of Palo Alto Page 11 Disclosure Measures Public disclosure provides a powerful mechanism for influencing the opinions and actions of owners, renters, and buyers, particularly in programs without mandatory retrofitting requirements. Officially publicizing a city’s concerns about deficiencies of a specific building type could, for instance, change public opinion about the resale or rental value of listed properties, an owner’s eligibility for refinancing or future loan terms, or the cost of purchasing property and earthquake insurance. Jurisdictions have used a variety of techniques to motivate attention to seismic risk concerns. Disclosure measures include the following: A. Mandatory disclosure at time of sale: Sellers of property are required to disclose features that could relate to earthquake performance. B. Recorded notice on deed: Jurisdictions can record on the property title or deed, the fact that the building is subject to additional requirements related to its seismic vulnerability status. C. Public listing of affected properties: Jurisdictions that operate web sites to describe their programs can feature a full list of property addresses and the compliance status of the property. Generally, owner names are not listed. D. External signage: California law requires signage on all URM buildings. Similar signage has been required since 2007 on soft-story wood frame buildings in the City of Berkeley and non-complying soft-story wood frame buildings in San Francisco. E. Tenant notification: Owners are required to present straightforward, standardized information about the listed status of the property. F. Earthquake performance rating systems: Owners can be either encouraged or required to have their building rated on a standardized scale that classifies expected performance in an earthquake. In 2015, the City of Los Angeles launched a voluntary effort to encourage owners to rate the properties using the US Resiliency Council’s rating system and pledged to rate its own public buildings. For more information about the US Resiliency Council, see their website at <http://www.usrc.org/>. Palo Alto Options Based on the review of state and other jurisdiction policies, alternative program options for Palo Alto were identified: 1. Status Quo: In this option, the existing ordinance with its mandatory evaluation, voluntary retrofit approach remains in place without changes. Floor area ratio bonuses are (were) available and could continue to be offered. 2. Increase Number of Building Types Regulated, but Retrofit Remains Voluntary: Additional categories of structures are added to the mandatory evaluation requirements beyond those of the current ordinance. These could include any or Attachment E City of Palo Alto Page 12 all of the building types discussed above, potentially also using additional location, use, or occupancy criteria. 3. Increase Number of Building Types Regulated with Additional Disclosure Measures Incorporated: This option would be similar to Option 2, but with increased use of disclosure measures such as prominently posting the building list on the City website, notifying tenants, requiring signage, and/or recording notice on the property title. 4. Increase Number of Building Types Regulated, Some Building Types Have Voluntary Retrofit and a Few Building Types Have Mandatory Retrofit, with Enforcement by a Trigger Threshold: This option builds on Option 3, but retrofitting would be required for some building types at whenever future time a building is sold or undergoes substantial renovation above a set threshold. 5. Increase Number of Building Types Regulated, Retrofits for Some Categories are Voluntary and a Few Categories are Mandatory, with Enforcement by a Fixed Timeline: This option would be similar to Option 4, but retrofitting is required according to a fixed timeline. Timelines and enforcement emphasis could vary depending on tiers or priority groupings to motivate prompt action for the most vulnerable or socially important structures. 6. Increase Number of Building Types Regulated, but More Categories are Required to Have Mandatory Retrofits: This alternative is similar to Option 5, but retrofitting would be required for additional categories on a fixed timeline. Other Program Features and Implementation Factors By updating its current ordinance, Palo Alto has a variety of opportunities to expand and better link its earthquake mitigation program efforts to other City efforts in support of community resilience goals. For instance, Palo Alto could encourage a building occupancy and resumption program like San Francisco, encourage or fund installation of strong motion instruments, or pursue special programs or requirements for cell phone towers, facades, private schools, and/or post-earthquake shelter facilities. A detailed description of several leading local program models and planning resources for these types of efforts are included in Attachment B. Building Inventory Summary of Survey Methodology One of the first steps in the Seismic Risk Assessment Study was to develop a digital inventory of buildings in Palo Alto that includes all the information necessary to build the exposure model for the loss estimate. Information sources used to develop the inventory included county tax assessor files, City GIS files, a survey done by the Palo Alto Fire Department and San Jose State University of soft-story wood frame buildings, field notes from the building department files of selected buildings when the 1986 ordinance was being developed, Google Earth and Street View visual reviews, and an extensive visual sidewalk survey. Attachment E City of Palo Alto Page 13 After the sidewalk surveys and additional quality assurance refinements, the study identified a total of 2,632 buildings in the study group for Palo Alto. This included 66 buildings subject to Palo Alto’s current seismic mitigation ordinance, because 23 of the original 89 buildings subject to the ordinance have been demolished. Not all buildings were field surveyed and not all key attributes needed for loss estimation were available for all buildings. For buildings that were not surveyed and were missing information, the missing attributes were developed using statistical comparisons with buildings that were surveyed on a sector- by- sector basis. A multi-step procedure was developed to fill in other missing attributes based on the best available comparative information. As a result, while the information for buildings that were not surveyed may not be fully accurate at the individual building level, the overall data set is seen as sufficiently representative for the type of loss estimates used in the project and relative comparisons made between different building types that are discussed ahead. Replacement Cost Values for Palo Alto In addition to the information discussed above, a locally-customized replacement cost had to be established for each building. Standard 2014 RS Means Replacement Cost values included in the project loss estimation software (Hazus) used were reviewed as a starting point, but not considered representative for Palo Alto. R+C and Vanir Construction Management prepared adjustments to RS Means values to capture 2016 data and local factors unique to Palo Alto. These were reviewed by a task group of the City’s project Advisory Group that included local design professionals and developers familiar with the local cost climate. The group recommended an increase of the values in general and identified target values for selected common occupancies. Based on these recommendations, R+C updated the values and Vanir reviewed them and revised the non-targeted occupancies for estimating consistency. The resulting replacement costs are shown in Table 2, and were used in the loss calculations. It is noted that resulting costs are 1.7-2.6 times the RS Means-based Hazus default values (2014 cost data), and that costs are intended to be representative of averages across the town. Attachment E City of Palo Alto Page 14 Table 2: Average $/SF replacement building cost by Hazus occupancy class. Occupancy Class RS Means 2014 Average Palo Alto Cost1 [$/SF] Market Factor for Palo Alto Escalation Factor from 2014 costs to 2016 costs Demo & Minimal Sitework (5’ around building) [$/SF] Soft Cost Premium2 Average 2016 Palo Alto Cost w/ Soft Costs [$/SF] Multiplier (Replaced with Soft Costs / RS Means) Multi Family, duplex $130.75 40% 10% $17.50 20% $263 2.01 Multi Family, triplex/quad $114.94 40% 10% $17.50 20% $233 2.03 Multi Family, 5-9 units $206.41 40% 10% $17.50 20% $402 1.95 Multi Family, 10-19 units $194.12 40% 10% $17.50 20% $380 1.96 Multi Family, 20-49 units $212.26 40% 10% $17.50 20% $413 1.95 Multi Family, 50+ units $199.90 40% 10% $17.50 20% $390 1.95 Temporary Lodging $217.83 40% 10% $17.50 20% $424 1.94 Institutional Dormitory $234.44 50% 14% $25.00 20% $511 2.18 Nursing Homes $238.07 50% 12% $25.00 20% $510 2.14 Retail Trade $121.66 80% 10% $17.50 20% $310 2.55 Wholesale Trade $118.13 60% 10% $17.50 20% $$270 2.29 Personal & Repair Services $143.47 60% 10% $17.50 20% $324 2.26 Professional/Technical/ Business Services $194.52 65% 12% $17.50 20% $452 2.33 Banks $281.88 40% 12% $25.00 20% $560 1.99 Hospitals $372.59 50% 14% $35.00 20% $807 2.16 Medical Office/Clinics $267.85 20% 10% $17.50 20% $445 1.66 Entertainment/Recreation $248.61 25% 12% $25.00 20% $448 1.80 Theaters $186.45 35% 12% $25.00 20% $368 1.98 Parking $84.59 20% 10% $17.50 20% $155 1.83 Heavy $144.71 25% 10% $17.50 20% $260 1.80 Light $118.13 25% 10% $17.50 20% $216 1.83 Food/Drugs/Chemicals $229.48 30% 12% $17.50 20% $422 1.84 Metal/Minerals Processing $229.48 30% 12% $17.50 20% $422 1.84 High Technology $229.48 40% 14% $17.50 20% $461 2.01 Construction $118.13 30% 10% $17.50 20% $224 1.89 Church $118.13 50% 12% $25.00 20% $268 2.27 Agriculture $199.08 10% 12% $17.50 20% $315 1.58 General Services $152.63 40% 10% $17.50 35% $341 2.23 Emergency Response $259.52 40% 14% $25.00 35% $593 2.28 Schools/Libraries $193.00 40% 12% $25.00 35% $442 2.29 Colleges/Universities $214.91 60% 12% $25.00 35% $554 2.58 Notes: 1. RS Means average cost includes RS Means default location factors to adjust national average to Palo Alto of 15% for residential and 11% for commercial. 2. Soft costs include architect and engineer design fees, testing and inspection, utility connection fee, permits, and an allowance for owner change order contingency. 3. Costs are intended to be representative of average in Palo Alto across the town, including downtown areas together with other areas in the city. 4. Costs were previously prepared following a 3/7/2016 discussion with the Palo Alto Seismic Risk Program Advisory Group Technical Advisory Committee. Table includes minor updates based on internal review between Attachment E City of Palo Alto Page 15 Rutherford + Chekene and Vanir Construction Management to achieve improved relative ratios between different occupancy types. Number and Distribution of Vulnerable Buildings by Aggregate Size and Value Table 3 shows how the number and aggregate value of Palo Alto’s buildings is distributed by type of structure, using the FEMA Model Building Type classification system for structural system. The table is sorted by aggregate building value. Wood frame buildings make up about 60% of the number of buildings and represent 35% of the total value. About 20% of the buildings are concrete, and they represent over 40% of the total value. Of the remaining 20%, about two-thirds are masonry buildings, and one-third steel. However, the steel buildings represent about twice the value of the masonry buildings. Attachment E City of Palo Alto Page 16 Table 3: Distribution of number of buildings, building area, and building value by Model Building Type. Model Building Type Number of Buildings Aggregate Square Feet (1,000) Aggregate Building Value ($M) Concrete shear wall (C2) 318 9,699 4,082 Concrete tilt-up (PC1) 242 8,054 3,368 Wood frame larger residential (W1A) 331 8,403 3,232 Wood frame commercial/industrial (W2) 307 6,209 2,369 Steel braced frame (S2) 50 3,116 1,391 Wood frame smaller residential (W1) 898 3,821 1,278 Steel moment frame (S1) 75 3,005 1,242 Reinforced masonry, wood floor (RM1) 285 2,806 1,209 Reinforced masonry, concrete floor (RM2) 30 574 211 Steel light metal frame (S3) 41 533 177 Precast concrete frame (PC2) 5 334 125 Concrete moment frame (C1) 18 325 117 Steel frame with concrete shear walls (S4) 13 162 72 Unreinforced masonry bearing wall (URM) 9 274 15 Concrete with masonry infill (C3) 8 26 8 Steel frame with masonry infill (S5) 2 6 3 Totals 2,632 47,346 18,899 The study group of buildings can be further divided into age groups separated by significant milestones in building code implementation. The following age groups were selected: pre-1927, 1927-1961, 1962-1976, 1977-1997, and 1998 to present. The milestones reflected include the first earthquake code in Palo Alto in 1926, adoption of the 1961 Uniform Building Code (UBC) and associated more stringent design requirements, code changes in the 1976 UBC following the 1971 San Fernando Earthquake, and code changes in the 1998 UBC following the 1994 Northridge Earthquake. Figure 1 shows a histogram of the year built of the buildings in the study group. Attachment E City of Palo Alto Page 17 Figure 1: Distribution of year built of buildings in study group with significant changes in the building design practice. Vulnerable Building Categories One of the important tasks in the risk assessment study was to identify potentially vulnerable building categories specific to Palo Alto. Using the building inventory that was developed early in the project, R+C identified potentially vulnerable structural system types based on insights from past earthquake events, milestone improvements in seismic code requirements made in Palo Alto, rankings in prominent seismic risk assessment tools such as the 2015 edition of FEMA P-154 Rapid Visual Screening of Buildings for Potential Seismic Hazards, results from past seismic risk assessment studies in California communities, and engineering judgment. The building categories were then evaluated in analytical loss estimate studies, described ahead, which helped to narrow in on the most important categories for Palo Alto. Key building vulnerability metrics include the risk of deaths and injuries, the cost of damage, and the extent of downtime or loss of use. Buildings in the identified vulnerable building categories tend to perform poorly with respect to all three of these metrics though the relative degree of vulnerability to each factor varies. Attachment E City of Palo Alto Page 18 Community Resilience Community resilience is improved if residents have homes that remain usable after an earthquake and if businesses can still operate. From a program perspective, the consultant team and advisory group believe that the greatest reduction in losses and the largest benefit to community resilience will come from seismically retrofitting building types known to be both potentially hazardous and present in significant numbers in Palo Alto. . In addition to the three categories already in Palo Alto’s seismic hazard identification ordinance (Categories I, II, and III below), five additional categories of vulnerable building types were identified. All five categories meet the criteria of being potentially hazardous and having a significant presence in Palo Alto. The eight categories and the approximate number of buildings included in each category are as follows: 1. Category I: Constructed of unreinforced masonry, except for those small than 1,900 square feet with six or few occupants (10 remaining buildings in Palo Alto) 2. Category II: Constructed prior to January 1, 1935 containing 100 or more occupants (4 remaining buildings) 3. Category III: Constructed prior to August 1, 1976 containing 300 or more occupants (9 remaining buildings) 4. Category IV: Pre-1977 soft-story wood frame (294 buildings) 5. Category V: Pre-1998 tilt-up concrete (99 buildings) 6. Category VI: Pre-1977 concrete soft-story (37 buildings) 7. Category VII: Pre-1998 steel moment frame (35 buildings) 8. Category VIII: Other pre-1977 concrete construction (170 buildings) The technical assessment confirms that the potential reduction in losses from retrofitting is significant for these categories. Conceptual Seismic Retrofitting of Representative Vulnerable Buildings Retrofit was considered for all buildings that have not already been retrofitted and were either constructed before 1961 or between 1962 and the “benchmark” year with a soft story. A “benchmark” year is when the code requirements for that building type became similar to those currently in place. Consistent with typical practice, the performance of the retrofitted buildings in an earthquake is assumed to be less than that of newly constructed buildings. Attachment E City of Palo Alto Page 19 For estimating the cost of retrofit for the improved buildings, R+C developed conceptual designs for Model Building Types that represent a significant number and value of Palo Alto’s building stock, as well as a significant loss and loss reduction after retrofit. This process identified wood frame (W1, W1A, W2), steel moment frame (S1), concrete shear wall (C2), concrete tilt-up (PC1), and reinforced masonry (RM1) and unreinforced masonry (URM) as appropriate candidates. For each Model Building Type, the age, square footage and number of stories were reviewed to identify a “prototype” building. In cases where the prototype building was not representative of more than two-thirds of the total number of buildings, multiple prototypes were considered. Figure 2: Retrofit scheme for Large Multi-family Soft-Story Wood Frame Building. An example of a conceptual retrofit for the W1A prototype building is shown in Figure 2 from a 2000 brochure by R+C for the City of San Jose entitled “Practical Solutions for Improving the Seismic Performance of Buildings with Tuck-under Parking.” The retrofit elements were keyed to representative details in 2006 FEMA 547 Techniques for the Seismic Attachment E City of Palo Alto Page 20 Rehabilitation of Existing Buildings, and a written description of collateral impacts was developed as well to provide sufficient detail to allow a rough order of magnitude cost estimate to be prepared. The cost estimators of Vanir Construction Management used the conceptual designs to estimate a range of probable cost to implement the retrofits. The retrofit costs for each prototype building are shown in Table 4. These costs include hard costs, which are the costs the owner pays the contractor, plus a design contingency since these are conceptual retrofits. The estimate further includes soft costs, representing architect and engineer design fees, testing and inspection costs, permit fees, and an owner change order contingency. Considered costs do not include hazardous material abatement, costs associated with performing the work while occupants are using the building, triggered accessibility upgrades, cost premiums associated with retrofit of a historic building, tenant relocation or business interruption during construction, project management, renovation, financing, repair of existing conditions, and legal fees. These costs are more variable and project and site specific, and are typically not included in loss estimates for this type of study. The retrofit costs were extrapolated to Model Building Types not represented by a prototype retrofit as shown in the fifth column of Table 4. Additional information the conceptual retrofits and their estimate cost is contained in Attachment B. Attachment E City of Palo Alto Page 21 Table 4: Conceptual retrofit cost. Retrofit Prototype Model Building Type Stories Square Feet Used for Model Building Types Used for Square Feet Average Retrofit Cost ($/SF) 1 Wood frame smaller residential (W1) 2 5,320 W1 All 12 2 Wood frame larger residential (W1A) 2 9,500 W1A < 15,000 11 3 Wood frame larger residential (W1A) 3 30,000 W1A ≥ 15,000 6 4 Wood frame commercial/industrial (W2) 2 10,000 W2 All 14 5 Steel moment frame (S1) 2 43,900 S1, S2, S3 All 10 6 Concrete shear wall (C2) 1 5,000 C1, C2, S4, PC2 < 10,000 50 7 Concrete shear wall (C2) 2 17,280 C1, C2, S4, PC2 ≥ 10,000 40 8 Concrete tilt-up (PC1) 1 18,435 PC1 < 25,000 29 9 Concrete tilt-up (PC1) 2 38,400 PC1 ≥ 25,000 21 10 Reinforced masonry, wood floor (RM1) 1 2,750 RM1, RM2 < 5,000 74 11 Reinforced masonry, wood floor (RM1) 2 8,150 RM1, RM2 ≥ 5,000 46 12 Unreinforced masonry bearing wall (URM) 1 5,000 URM, S5, C3 All 110 Attachment E City of Palo Alto Page 22 Loss Estimate Findings for Current Condition Hazus is a geographic information system (GIS) based, standardized, nationally applicable multi-hazard loss estimation methodology and software tool. It is used by local, state, and federal government officials for preparedness, emergency response, and mitigation planning. The Advanced Engineering Building Module from the latest Hazus version 3.1 was used to conduct the loss estimates in the study so that individual buildings could be analyzed using the specific inventory data collected for Palo Alto. Analyses were conducted for two specific earthquake scenarios developed by the United States Geological Survey (USGS): a major M7.9 San Andreas Fault event, and a strong M6.7 San Andreas Fault event. Contour plots for the short period spectral acceleration for the two M6.7 and M7.9 scenarios are shown in Figure 3. Spectral acceleration is a measure of the building response to shaking at the site. Figure 2: Predicted short period spectral acceleration in vicinity of Palo Alto (city boundary shown) for two selected San Andreas Fault scenarios. Attachment E City of Palo Alto Page 23 Estimated Losses for Buildings in Their Current Condition Table 5 summarizes the total loss calculated by Hazus for the as-is condition for the two earthquake scenarios. The results show that the estimated losses to Palo Alto buildings and contents in a M6.7 scenario will be significant, on the order of $1.2 billion. Though ground shaking in the M7.9 scenario is only about 25% larger than it is in the M6.7 scenario, overall building and content losses double to $2.4 billion. Average building damage and content damage also approximately double with a M7.9 event. The difference in the number of buildings that are heavily damaged with the larger earthquake is more pronounced with a 12-fold increase from the M6.7 to the M7.9 scenarios. This is shown in the fourth column of Table 5 as the number of buildings with a damage ratio exceeding 20%. Table 5: Total losses for study group in as-is condition. Earthquake Scenario Building Value1 ($B) Content Value2 ($B) Number of Bldgs. with Damage Ratio ≥ 20%3 Estimated Building Damage4 ($B) Estimated Content Damage4 ($B) Total Building and Content Damage ($B) M7.9 18.9 17.3 224 1.7 0.7 2.4 M6.7 18.9 17.3 19 0.8 0.4 1.2 Ratio of M7.9/M6.7 2 2 2 Notes: 1. Building value is the complete replacement cost for the building, and includes the structure, architectural, mechanical, electrical, and plumbing components (e.g., ceilings and lighting). 2. Content value includes the complete replacement cost of furniture and equipment that is not integral with the structure (e.g., computers and other supplies). They are estimated as a percent of structure replacement value, dependent on occupancy. 3. Damage ratio is defined as the cost of repairing damage divided by the replacement cost of the building. 4. Estimated building and content damage cost is the cost associated with repair and replacement of the building and its content. To put the loss from building damage in context, the average annual valuation of Palo Alto construction permits was $400M between 2013 and 2016 (which represents a boom period). The total loss of $1.7B in a major M7.9 earthquake represents more than four years’ worth of construction, and the total loss of $0.8B in a strong M6.7 earthquake represents more than two years’ worth of construction. It should be noted that these losses do not include the effects of lives lost and business disruption, or the ripple effects in the local economy or real estate market. Much of this loss will not be insured. Attachment E City of Palo Alto Page 24 Estimated Losses by Building Type It is important to look at multiple metrics when deciding which buildings are the most vulnerable and significant to the community as a whole. Table 6 breaks out the estimated loss and damage ratio for various model building types, and it can be seen that it depends on the metric used which building type is considered the poorest performer. Looking at the total loss alone, concrete bearing wall buildings and commercial wood frame buildings are responsible for the highest total loss. This tracks well with the earlier finding that these structural systems are the most prevalent ones. If we look at the highest average building damage ratio instead, buildings with unreinforced masonry bearing walls and unreinforced masonry infills are the most prone to damage. However, not very many of them exist in Palo Alto, and as a result they do not represent much of the aggregate loss. Additional information on the loss estimate for the existing building stock is contained in Attachment B. Table 6: Top three vulnerable building types ranked by total loss, average damage ratio, and number of severely damaged buildings. Building Type Number of Buildings Building Value ($M) M7.9 EQ Total Building + Content Losses ($M) M7.9 EQ Average Building Damage Ratio M7.9 EQ Number of Bldgs. with Damage Ratio ≥ 20% Concrete shear wall (C2) 318 4,082 477 14% 75 Concrete tilt-up (PC1) 242 3,368 365 12% 32 Wood frame commercial/industrial (W2) 307 2,369 216 9% 9 Steel frame with masonry infill (S5) 2 3 1 38% 1 Unreinforced masonry bearing wall (URM) 9 15 4 29% 9 Concrete frame with masonry infill (C3) 8 8 2 29% 6 Concrete shear wall (C2) 318 4,082 477 14% 75 Concrete tilt-up (PC1) 242 3,368 365 12% 32 Steel moment frame (S1) 75 1,242 130 18% 27 Loss Estimate Findings with Buildings Retrofitted A second Hazus AEBM run was done assuming a retrofitted building stock. For this model run, it was assumed that a building would be retrofitted if it has not already been retrofitted and was either constructed before 1961 or between 1962 and the benchmark year with a soft story. The Hazus model was rerun with the updated properties simulating retrofit. Attachment E City of Palo Alto Page 25 Table 7 shows the resulting total losses and damage ratios after buildings have been retrofitted. Though total losses are still significant, comparing the results of Table 7 with Table 5 shows a reduction in total loss of 45% for the M7.9 scenario, and 33% for the M6.7 scenario. In other words, aggregate loss to the community if all considered properties were retrofit could be reduced by one third in a very plausible event and almost halved in a much larger event. Another important improvement is the reduction of the number of buildings with more than 20% damage. The M7.9 scenario shows a reduction from 224 buildings to 6 buildings. This means that the probability of building collapse and resulting injuries and fatalities has become very low. Finally, the damage and loss of the M7.9 scenario remain approximately two times the amount of loss sustained in the M6.7 scenario. This suggests that the retrofit has a similar impact for both levels of ground shaking. Table 7: Total losses after retrofitting. Earthquake Scenario Building Value ($B) Content Value ($B) Estimated Building Damage ($B) Number of Bldgs. with Damage Ratio ≥ 20% Estimated Content Damage ($B) Total Building & Content Damage ($B) M7.9 18.9 17.3 0.9 6 0.5 1.3 M6.7 18.9 17.3 0.5 0 0.3 0.8 Ratio of M7.9/M6.7 2 - 2 2 Table 8 breaks out the reduction in total loss by model building type for the M7.9 scenario, and shows the associated retrofit cost. The average reduction in loss varies by building type. URM buildings showed the highest reduction in loss after retrofit as a percentage of the loss itself. Steel braced framed buildings showed the lowest reduction in losses as a percentage of the loss itself. Wood frame and concrete buildings are responsible for the largest reduction in total loss, with wood frame construction representing over 20% of the loss reduction, and concrete buildings over 50%. It should be noted that the data in Table 8 also includes buildings that were not retrofitted. As a result, further parsing of the data is needed to better understand which buildings are responsible for the most loss, and those that can be improved more cost-effectively. Table 8: Comparison of retrofit benefits and costs by Model Building Type. Model Building Type M7.9 EQ M7.9 EQ Average Retrofit Attachment E City of Palo Alto Page 26 Average Damage ($/SF) Total Damage Reduction ($1,000) Damage Reduction ($/SF) Cost ($/SF) Wood frame smaller residential (W1) 16 13,775 4 12 Wood frame larger residential (W1A) 25 61,317 7 6-11 Wood frame commercial/industrial (W2) 50 160,155 26 14 Steel moment frame (S1) 62 76,150 25 10 Steel braced frame (S2) 44 24,222 8 10 Steel light metal frame (S3) 108 38,163 72 10 Steel frame with concrete shear walls (S4) 101 11,118 69 40-50 Steel frame with masonry infill (S5) 247 695 121 110 Concrete moment frame (C1) 55 8,045 25 40-50 Concrete shear wall (C2) 70 336,574 35 40-50 Concrete frame with masonry infill (C3) 120 865 34 110 Concrete tilt-up (PC1) 68 218,491 27 21-29 Precast concrete frame (PC2) 21 0 0 21-29 Reinforced masonry, wood floor (RM1) 59 87,697 31 46-74 Reinforced masonry, concrete floor (RM2) 35 3,727 6 46-74 Unreinforced Masonry Bearing Wall (URM) 23 5,216 19 110 Totals 51 1,046,210 22 Table 9 shows those types of buildings that may be considered good candidates for a retrofit program. Although representing only about 15% of the total inventory, these buildings are responsible for over 30% of the total loss. This is reflected in the considerably higher than average loss (fourth column of Table 9). The benefit of retrofit is also considerable for this group of buildings, since they are responsible for over 50% of the reduction in loss. Additionally, the cost to retrofit them is only a fraction of the losses avoided in a major event, ranging from a third for the concrete buildings to a tenth for the steel frames. Note that these values are based on conceptual retrofits. Actual retrofit costs for individual buildings would vary substantially. The steel moment frame benefit-to-cost ratio is higher than expected by engineering judgment, caused in part by a comparatively low retrofit cost for this Model Building Type. Additional information on the loss estimate for the retrofitted building stock is contained in Attachment B. Table 9: Comparison of benefits and costs by selected Model Building Type, date and characteristics. Model Building Type Number of Buildings Total SF (1,000) M7.9 EQ Average Loss by M7.9 EQ Average Loss Average Cost to Retrofit (Average Loss Avoided) Attachment E City of Palo Alto Page 27 Building ($/SF) Avoided by Retrofit ($/SF) ($/SF) / (Average Retrofit Cost) Pre-1977 wood frame soft- story (W1, W1A, W2) 294 3,690 66 46 12 4 Pre-1998 tilt-up (PC1) 99 3,078 106 71 23 3 Pre-1977 concrete soft-story (C1, C2, C3) 37 842 149 108 42 3 Pre-1998 steel moment frame (S1) 35 690 152 110 10 11 Review of Past Seismic Retrofits To gain a better understanding of the quality of the retrofits and identify relevant issues to updating Palo Alto’s seismic risk mitigation program, a sample of the submitted engineering studies and building retrofits drawings for existing buildings was reviewed. The review identified the following relevant needs for future seismic risk mitigation programs: A. Clear identification of retrofit design intent, scope, and limitations, also for voluntary retrofits B. Identification of existing structural systems C. Decision on requirements for buildings that have had partial seismic retrofits completed; and may have remaining seismic deficiencies Attachment E City of Palo Alto Page 28 Additional Recommended Program Features In addition to expansion of the building categories included within the City’s seismic risk mitigation program and refinement of disclosure measures and incentive options, a number of other program features are recommended. They are described in Attachment B, and include the following: A. Use the current inventory, taking note of its limitations - The inventory developed for the effort to date involved use of digital information and field surveys. A complete field survey of all buildings in Palo Alto was outside the scope of the project. However, the inventory that has been developed is an excellent resource. The first step in any future ordinance will involve notification of building owners that they may be subject to the requirements of the ordinance. Those buildings that were field surveyed and fall within the scope of the ordinance can be notified using the existing inventory. For the remaining buildings, additional field survey is recommended. This would be a rapid visual assessment and could be conducted by City staff or outside consultants. B. Use an initial screening form phase - Typically, as part of the notification process, a screening form of about one page in length is sent, and the owner is required to have a design professional, such as a structural engineer or architect, complete the form. This cost for to confirm whether or not the building actually is subject to the City’s ordinance should be relatively nominal. C. Clearly specify seismic evaluation and retrofit scope - For all buildings subject to regulation, the seismic evaluation (and retrofit) methodology for each building category will need to be defined. Industry consensus standards exist and cover the vulnerable building categories identified for Palo Alto. These include the 2015 International Existing Building Code (IEBC) and 2014 ASCE 41-13 Seismic Evaluation and Retrofit of Existing Buildings. Both are currently being updated by groups of engineers and building officials. For soft-story wood frame buildings, there is also the 2012 FEMA P-807 Seismic Evaluation and Retrofit of Multi-Unit Wood-Frame Buildings with Weak First Stories. For steel moment frame buildings, there is also the 2000 FEMA 351 Recommended Seismic Evaluation and Upgrade Criteria for Existing Welded Moment Resisting Steel Structures. The following table provides recommended evaluation and retrofit standards. D. Provide detailed evaluation report submittal requirements - Minimum submittal requirements for evaluation reports will need to be defined. The above evaluation and retrofit standards provide some guidance but a short clear set of requirements will be beneficial. E. Specify how past partial retrofits will be handled: In the past, some buildings have had partial seismic retrofits where only selected portions of the seismic force-resisting system have been upgraded; Some seismic deficiencies may still exist in these structures. If mandatory retrofit requirements are implemented that provide for comprehensive retrofitting of the full seismic load path, there may be buildings with previous partial retrofits that do not fully comply and need remaining deficiencies to Attachment E City of Palo Alto Page 29 be addressed. The seismic evaluation reports will help identify these cases. F. Update both new and existing building permit submittal requirements: Review of City records found that basic information such as the building structural system, date of construction, and retrofit standard used (where applicable) are not readily available. It is recommended that submittals for permit for both new buildings and existing building renovations require this information. This will allow the city to have a much better understanding of its total building stock and its expected performance in an earthquake. G. Write a new ordinance or set of ordinances to update the program: After the Council has provided direction and the above issues have been addressed, an updated ordinance will need to be written. H. Carefully address program management and interdepartmental coordination needs: To successfully manage Palo Alto’s updated Seismic Risk Mitigation Program, an effective management plan is needed so that progress is monitored by the City and community intent is achieved. I. Delineate department and key staff responsibilities: For Palo Alto’s updated Seismic Risk Mitigation Program, City staff will be responsible for several categories of activities. These will include the basic activities such as managing the notification and inventory process, reviewing evaluation reports and plan checking retrofit construction documents, and field inspections of retrofit work. Less obvious activities will include evaluating requested exceptions to the program or alternative means of compliance; managing feedback from design professionals, owners, and the public; tying pre-earthquake retrofitting to post-earthquake safety evaluations records; and managing post-earthquake safety evaluation, repair, and recovery plans. Depending on the scale of the updated program, it is possible that additional staff members, consultants, and/or an appropriately experienced structural engineer may be needed to provide advice on technical and program management issues, particularly as the program moves to final definition and to initial implementation. Later, as is done in some communities, it may be desirable to create volunteer review boards of local structural engineers who review questions on the evaluation and retrofit criteria and provide the City with technical opinions that staff can use. Attachment E City of Palo Alto Page 30 Table 10: Recommended Evaluation and Retrofit Standards. Category Description Evaluation and Retrofit Standards I Unreinforced masonry IEBC Appendix Chapter A1 II Built before 1/1/35 with 100 or more occupants ASCE 41 III Built before 8/1/76 with 300 or more occupants ASCE 41 IV Pre-1977 soft-story wood frame IEBC Appendix Chapter A4, ASCE 41, or FEMA P-807 V Pre-1998 tilt-up IEBC Appendix Chapter A2 and ASCE 41 VI Pre-1977 soft-story concrete ASCE 41 VII Pre-1998 steel moment frame ASCE 41, or FEMA 351 VIII Other pre-1977 concrete ASCE 41 ADVISORY GROUP INPUT Summary Report of the Advisory Group The purpose of convening an Advisory Group composed of members with local expertise and construction experience was not to create a consensus document or ratify particular recommendations by majority vote. Instead, the goal was to educate, solicit, and explore the range of issues and opinions among interested parties who participated. A summary report, reviewed by all the members of the Group, was prepared to document their input in to the study (Attachment G). The Advisory Group was a first step in community engagement regarding seismic hazard reduction in Palo Alto. It was intended that the information in the Advisory Group’s summary memo would be provided to the City Council as they consider potential revisions to the City of Palo Alto’s seismic risk management program and seismic hazard identification ordinance. Preferred Policy Directions In summary, discussions with the Advisory Group revealed little to no support for maintaining the status quo. Strong support did exist for retrofitting buildings already in the program, particularly URM buildings, and for addressing more building types, particularly soft-story wood frame buildings and older concrete tilt-ups. For buildings addressed in the current ordinance, the group generally thought a mandatory retrofit requirement would be feasible and fair. Three decades later, market forces alone have clearly not been enough to motivate upgrade of these remaining structures. Because the barriers to retrofit work for these properties are not known, case-by-case management by City staff may be necessary. There was hesitance, however, about extending or increasing incentives for owners that had not voluntarily taken advantage of the FAR bonus available in the past. More detailed conversations took place about other building category priorities and Attachment E City of Palo Alto Page 31 policy features focused on extending the vulnerable building types they addressed and the requirements for retrofit compliance. These program alternatives are incorporated into Options 3, 4, and 5 (see the “Survey of State and Local Seismic Policies” section). The Advisory Group was briefed on structural types generally known to be vulnerable that are common or significant to Palo Alto and estimated to have reasonable loss reduction to retrofit cost ratios. The Group’s goal was to focus on a subset of categories that seemed to have high potential to benefit the owner, occupants, and the broader community. Some participants showed greater concern about residential properties, and debated whether commercial and residential properties should be treated the same or differently. The Advisory Group showed high interest in addressing multi-family residential earthquake risks, in particular by starting a soft-story wood frame program as many other California cities have done. One soft-story wood frame program approach discussed was to have two phases: 1) owners following notification would be given several years to do a voluntary retrofit, along with more generous incentives; and 2) later a mandatory timeline would kick in and incentives would be phased out. The group noted that exemptions such as parking requirements, permission to add other unit(s), or the ability to transfer development rights for additional square footage would likely be attractive and useful incentives for the multi-family soft story building type. Other vulnerable building categories of concern were also reviewed, including pre-1977 tilt-up concrete structures. There are a modest number of these buildings in Palo Alto, but Advisory Group members noted that their uses are changing. Many buildings previously used as warehouses are now being repurposed for office space. The higher occupancies increase the public safety stakes of any seismic deficiencies. Currently, there is no mandate in the regulations to address earthquake vulnerabilities while other upgrades and build out are being done to these structures. A substantial renovation trigger mandate might make sense, but the percent of the value of the structure used as a trigger might need to be lowered in order to get compliance. Such properties with more than one story should perhaps receive higher priority for retrofit. Potential Issues for Future Study and Consideration For some issues, based in part on Advisory Group discussions, additional information may be beneficial to help develop a strategy and to better understand potential impacts on key stakeholders and community concerns. Some of these issues are primarily economic and were outside the scope of the current study. The City Council may wish to direct staff and/or outside consultants to investigate some of these items in more detail as the seismic risk management program effort proceeds. These issues include the following: A. Occupants and tenants a. How much would a typical retrofit add to the monthly rent of a multifamily Attachment E City of Palo Alto Page 32 soft-story wood frame apartment tenant? b. Would some tenants be unable to afford a rent increase and seek housing elsewhere in Palo Alto or move outside the city (and if so, how many might be displaced)? c. If soft-story wood frame apartments in Palo Alto are retrofitted in time before the next major earthquake, how much less displacement of residents would occur as a result of the earthquake? d. What categories of buildings are most important to address in order to help maintain the commercial viability and vitality of the City’s core business districts and tax base? B. Property owners, developers, and business owners a. What are the characteristics of property owners that would be affected? b. How might small businesses be affected compared to larger ones? c. How many property owners are in need of lower cost capital or other substantial financial assistance to fund retrofitting? C. Impacts of Seismic Restoration on Retention of Historic Structures in the City a. How can we ensure that the review of initial seismic evaluations identify those structures that are listed in the City’s Historic Inventory or potentially significant and flag them for attention during subsequent review? b. How can we develop a clear process for reviewing proposed seismic retrofits to historic structures that is coordinated among responsible city departments and is consistent with current regulations and Community policies? c. How can we ensure that property owners take advantage of Seek out retrofit alternatives that are consistent with the Historic Building Code, historic characteristics of the structure, and provide the required most risk reduction? D. City departmental resources and budgets a. What would be the loss in revenue to the Building Department if fee waivers were offered? b. What would be the staffing and budgetary needs over time to administer an expanded program that addresses additional building types? c. What kinds of interdepartmental cooperation and staff resources in other departments are necessary to ensure effective implementation and coordination with other city planning and public safety efforts? d. What would be the costs to provide and administer any incentives offered to property owners? E. Overall community economic health a. What kind of benefits could accrue to Palo Alto in terms of maintaining community function and ability to recover if various building categories are retrofitted in time before the next major earthquake? F. Other related issues Attachment E City of Palo Alto Page 33 a. It was brought up in the Advisory Group that the Building Department needs flexibility and authority to take steps to get tough seismic mitigation projects done. One idea was to grant the Building Official the ability to classify certain projects (with well-specified criteria) as warranting a kind of “seismic safety” or “earthquake resilience” fast tracking, with city departments agreeing to coordinate on a specified accelerated project review timeframe. b. Although outside the formal scope of this planning effort, several Advisory Group members commented that it would be desirable for the City to do some kind of assessment of any earthquake mitigation needs in public buildings and facilities serving the City. c. Advisory group members recommended the community be informed of Palo Alto’s overall potential seismic risk by providing a summary of potential impacts on the City’s website, including the expected performance of vulnerable buildings. d. The group also had a high degree of support for recommending that the City initiate and nest future earthquake mitigation programs within a broader disaster or community resilience initiative, as cities such as Los Angeles, Berkeley, and San Francisco have done. This could be incorporated into the update of the City’s Comprehensive Plan Safety Element. There was insufficient time in the project’s six advisory group meetings to consider potential initiatives to assess risks for cell phone towers, water supply, facades, private schools, post-earthquake shelter facilities, and/or other assets important to community recovery. TIMELINE The timeline for updating the current seismic mitigation regulation is dependent on Council’s review of the Seismic Risk Assessment Study and directions to staff. RESOURCE IMPACT Implementation of the report recommendations would result in additional costs to private property owners and prior to any decision to proceed, staff is proposing additional public outreach at a cost of about $50,000. Technical requirements and design guidelines to support a new ordinance would require additional consultant services at an estimated cost of $50,000. If desired, an analysis of the fiscal impact on residents and business could be prepared for an additional $50,000. Any incentives offered to building owners could also have a cost to the City, which would not be known until those incentives are further defined. ENVIRONMENTAL REVIEW The preparation of the Seismic Risk Assessment Study is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines Section 15306 (Information collection leading to an action which a public agency has not yet approved, adopted, or funded). Attachment E City of Palo Alto Page 34 TABLE OF CONTENTS FOR ATTACHMENTS A. Palo Alto Municipal Code, Chapter 16.42: Seismic Hazards Identification Program B. Seismic Risk Assessment Study. The study includes the following items. a. Legislative Review Report b. Local Program Best Practices Assessment c. Building Inventory for Loss Estimate d. Conceptual Seismic Retrofits and Cost Estimate e. Loss Estimate of Existing Building Stock f. Loss Estimate of Retrofitted Building Stock g. Review of Past Retrofits h. Additional Recommended Program Features C. Threat and Hazard Identification and Risk Assessment (August 2014) D. Policy and Services Committee Staff Report 5293, Discussion of Updating the Seismic Safety Chapter of the Municipal Code for Hazardous Buildings (December 9, 2014) E. Palo Alto Municipal Code, Chapter 18.18: Downtown Commercial (CD) District F. Seismic Risk Management Program Advisory Group Members G. Seismic Risk Management Program Advisory Group Summary Report on Process, Discussions, and Outcomes (November 21, 2016) H. Advisory Group Meeting Minutes, Presentations and Handouts (contained at the Seismic Risk Management Advisory Group website at <http://www.cityofpaloalto.org/gov/depts/ds/srmag.asp> Attachments: Attachments Attachment_A_-_PAMC_16.42_Seismic_Hazards_ID_Prgm[1] Attachment_B_-_Palo_Alto_Seismic_Risk_Assessment_Study_-_Final_Report_- _2016_12_21[1] Attachment_C_-_Palo_Alto_Threats_Hazards_Risk_Assessment_(August_2014.1)[1] Attachment_D_-_Policy_and_Services_Staff_Report_5293[1] Attachment_E_-_PAMC_18.18_CD_District[1] Attachment_F_- _Seismic_Risk_Management_Program_Advisory_Committee_Members_01.15.16[1] Attachment_G_- _Palo_Alto_Seismic_Risk_Mgt_Prog_AG_Summary_Rev_2016_11_21[1] Attachment_H_-_SRMP_Advisory_Group_Agenda-Minutes-Presentations-Handouts[1] Attachment E Final Report Seismic Risk Assessment Study Palo Alto, California 21 December 2016 #2015-087S Rutherford + Chekene 375 Beale Street, Suite 310 San Francisco, CA 94105 Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page i TABLE OF CONTENTS PALO ALTO SEISMIC RISK ASSSESSMENT STUDY Section / Subsection I. INTRODUCTION ............................................................................................................................................. 1 II. LEGISLATIVE REVIEW REPORT ....................................................................................................................... 5 1. Introduction ..................................................................................................................................... 7 2. Current California Seismic-Related Building Codes, Legislation, and Key Institutions .................... 7 3. Legislative Leadership and Recent Development .......................................................................... 18 4. Conclusions .................................................................................................................................... 20 5. References Cited ............................................................................................................................ 24 III. LOCAL PROGRAM BEST PRACTICES ASSESSMENT ...................................................................................... 25 1. Introduction ................................................................................................................................... 28 2. Analysis of Policy Features and Outcomes of local Seismic Risk Mitigation Programs ................. 30 3. Implications and Potential Policy Directions for Palo Alto ............................................................ 67 4. References and Resources ............................................................................................................. 77 IV. BUILDING INVENTORY FOR LOSS ESTIMATE ............................................................................................... 79 V. VULNERABLE BUILDING CATEGORIES ......................................................................................................... 85 VI. CONCEPTUAL SEISMIC RETROFITTING OF REPRESENTATIVE VULNERABLE BUILDINGS ............................. 87 VII. LOSS ESTIMATING FINDINGS FOR EXISTING BUILDING STOCK ................................................................... 91 VIII. LOSS ESTIMATING FINDINGS WITH BUILDINGS RETROFITTED ................................................................... 97 IX. REVIEW OF PAST SEISMIC RETROFITS ....................................................................................................... 101 X. ADDITIONAL RECOMMENDED PROGRAM FEATURES .............................................................................. 103 XI. QUESTIONS TO GUIDE COUNCIL DELIBERATIONS AND POTENTIAL ISSUES FOR FUTURE STUDY ............ 107 1. Questions to help guide council deliberations ............................................................................ 107 2. Potential issues for future study and consideration .................................................................... 108 Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page ii APPENDICES: Appendix A - Table of Historic California Earthquake Risk Reduction Legislation. Appendix B - Table of Contemporary California Earthquake Risk Reduction Legislation. Appendix C - Table Describing Incentives Used in Local Earthquake Risk Reduction Programs. Appendix D - Options for Moving to a Comprehensive, Resilience Approach Appendix E – Retrofit Concepts Designs for 12 Prototype Buildings Appendix F – Retrofit Cost Estimates for 12 Prototype Buildings Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 1 CHAPTER I. INTRODUCTION In 1986, the City of Palo Alto was one of the first cities in California to establish a comprehensive seismic mitigation program. It covers unreinforced masonry buildings, buildings built before 1935 with over 100 occupants, and buildings built before August 1, 1976 with over 300 occupants. After 30 years, 75% of the 89 buildings included in the program have been demolished or retrofitted. The 2014 South Napa Earthquake spurred the City to reevaluate its program. They engaged a team led by Rutherford + Chekene (R+C) to perform a comprehensive assessment of the expected performance of the City’s building stock in potential earthquakes, and started a community engagement effort to help identify resiliency goals and associated mitigation policies and programs. The R+C project team includes Sharyl Rabinovici, a public policy and community engagement specialist; Hope Seligson (initially with MMI Engineering and now Seligson Consulting) for loss estimating; and Vanir Construction Management for cost estimation of building replacement cost and retrofitting. The technical assessment covered over 2,500 buildings (single family and two-family residences were excluded) with a wide array of potentially vulnerable structural systems. The findings show that the estimated losses to Palo Alto buildings and contents in a M7.9 scenario event will be significant, on the order of $2.4 billion. Furthermore, this figure does not include business disruption, or ripple effects in the local economy or real estate market, nor does it include the economic value of loss of life. Among the categories of highest concern are pre-1977 “soft-story” wood frame, pre-1978 tilt-up concrete, pre-1977 cast-in-place concrete construction, and pre-1998 steel moment frames. The technical assessment revealed that the potential reduction in losses from retrofitting these buildings is over $1 billion in a M7.9 scenario event. R+C’s scope included a series of tasks and associated task reports and presentations. These included the following:  A survey of state and local seismic policies and best practices;  Development of a building inventory for Palo Alto using digital information and field surveys;  Assignment of costs to buildings and contents in the inventory; Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 2  Description of vulnerable building categories, including five additional categories not covered under the current ordinance;  Conceptual seismic retrofitting of representative vulnerable buildings;  Loss estimate findings in a major seismic event for the current condition and after retrofitting;  Review of past seismic retrofits; and  Discussion of additional recommended program features. These task reports and presentation information have been compiled to form this Seismic Risk Assessment Study. Each chapter in the study addresses one or more of the project task efforts. Appendices provide additional details for selected tasks. A Seismic Risk Management Advisory Group made up of community and industry stakeholders and City staff was appointed and was also an essential component of the overall project. The Advisory Group insured that local building experience and community priorities were considered as the study moved forward. The group met six times with City staff and the R+C team over a period of nine months. The Advisory Group was introduced to the findings regarding the community’s earthquake vulnerability, impacts on vulnerable building types, as well as the ‘best practices’ used by other communities to promote community wide welfare and to encourage seismic retrofit of various vulnerable buildings types. The Advisory Group then discussed the assessment findings and formulated potential directions for City of Palo Alto leaders to consider going forward in updating the City’s seismic mitigation programs. At the end of the Advisory Group process, a summary memo, reviewed by all members of the Group, was prepared to document their input to the study. The November 21, 2016 memo is entitled “Seismic Risk Management Program Advisory Group Summary Report on Process, Discussions, and Outcomes.” The following table summarizes the outcome of the seismic risk assessment and includes the Advisory Group discussions. The table is organized around eight vulnerable building categories or building types. Categories I, II and III encompass the identified vulnerable buildings for the 1986 ordinance and are primarily located in the downtown commercial district. Categories IV through VIII include additional buildings at risk, as identified in the Seismic Risk Assessment Study. These buildings are located throughout the city. There was little to no support for maintaining the status quo within the Advisory Group. As shown in the following table, the Advisory Group favored requiring property-owner prepared seismic evaluation reports for all categories, except for Category VIII (other older nonductile concrete buildings). They also favored mandatory retrofit for the remaining Category I unreinforced masonry buildings identified Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 3 in the 1986 ordinance that have not been seismically retrofitted or demolished. For the Category II and III buildings in the current ordinance, retrofit should be required when a certain event or “trigger” occurs such as when a substantial renovation occurs or the property is put up for sale. Among the new vulnerable building types, the greatest concern was expressed for soft-story wood frame buildings and older concrete tilt-up buildings. The Advisory Group thought that retrofit of these structures should be either mandatory or triggered by substantial renovation or sale. The Advisory Group was concerned about delay in the retrofit of these structures given the number of the vulnerable buildings, the number of people who could be affected should the buildings be significantly damaged, and the considerable cost to the community if the structures in these categories were lost because of an earthquake. The Advisory Group considered a timeline of 2-4 years for the mandatory evaluation report and 4-8 years to complete mandatory retrofit construction. The Advisory Group supported increasing disclosure measures on building status through website listing and tenant notification. They also suggested that the most beneficial financial and policy incentives to encourage compliance with the new requirements would be fee waivers, expedited permitting, and property-assessed financing tools. Following the preparation of the Advisory Group summary, R+C assisted City staff in preparing a staff memo for an upcoming City Council meeting. It includes more detailed recommendations to the Council on proposed revisions to the City’s seismic hazard mitigation ordinance and recommends that the Council provide direction to City staff on revising and expanding the City’s building code and related ordinances. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 4 Summary of Recommended Policy Directions from the Seismic Risk Management Program Advisory Group Category Approx. Number Building Type Date of Construction Occupants Evaluation Report Voluntary, Triggered, or Mandatory Retrofit1 Deadlines for Evaluation Report and Retrofit Construction (years)2 Disclosure Potential Incentives Current Program (Potential Revision in Italics) I 10 Un- reinforced masonry NA Over 6 (and over 1,900 sf) Required Mandatory Report: Expired Construction: 2-4 Website listing and tenant notification Fee waiver, expedited permitting, FAR bonus/ transfer of development rights (TDR) II 4 Any Before 1/1/35 Over 100 Required Voluntary or Triggered Report: Expired Construction • Voluntary: Not required • Triggered: At sale or renovation III 9 Any Before 8/1/76 Over 300 Required Voluntary or Triggered Expanded Program IV 294 Soft-story wood frame Before 1977 Any Required Triggered or Mandatory Report: 2-4 Construction • Triggered: At sale or renovation • Mandatory: 4-6 Same as above Fee waiver, expedited permitting, TDR, parking exemptions, permission to add units V 99 Tilt-up Before 1998 Any Required Triggered or Mandatory Report: 2-4 Construction • Triggered: At sale or renovation • Mandatory: 4-6 Same as above Same as Categories I, II and III VI 37 Soft-story concrete Before 1977 Any Required Voluntary, Triggered or Mandatory Report: 2-4 Construction • Voluntary: Not required • Triggered: At sale or renovation • Mandatory: 6-8 Same as above Same as Categories I, II and III VII 35 Steel moment frame Before 1998 Any Required Voluntary, Triggered or Mandatory VIII TBD Other older nonductile concrete Before 1977 Any Not rec. at this time Not recommended at this time Report: NA Construction: NA NA NA 1Voluntary: Retrofit is voluntary. Triggered: Retrofit is triggered when the building is sold or undergoes substantial renovation. Mandatory: Retrofit is required per a fixed timeline. 2Deadlines provide a potential range. Timelines would vary depending on tiers or priority groupings of different subcategories. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 5 CHAPTER II. LEGISLATIVE REVIEW REPORT Executive Summary This chapter summarizes the seismic risk management policy context within the state of California to support Palo Alto’s current effort to update its program. The report was prepared per Task 2 of the Consulting Agreement between Rutherford + Chekene and the City of Palo Alto, dated August 17, 2015. The scope of Task 2 is to:  Review existing and pending State legislation related to soft-story buildings and other seismically vulnerable buildings and provide a brief summary.  Provide a concise review of relevant and pending state legislation, with a summary that can be presented at community and staff meetings or in reports to Council. The process of creating this legislative review included searches of legislative data bases, search and review of published and online reports and materials, several phone interviews with leaders in the engineering profession as well as local and state government staff, and development of insights from the consulting team based on their experiences in this arena. High level findings include the following:  Palo Alto is affected by numerous relevant California existing laws and regulations dating from the 1930s through the present. These laws regulate many aspects of Palo Alto’s built environment, including certain classes of building uses such as hospitals, public schools, and essential facilities; setting code minimums for new construction; and mandating land use planning and real estate disclosure measures for natural hazards including earthquakes. Unreinforced masonry (URM) is at present the only structural system type for which the state requires local jurisdictions to have a program.  If it so chooses, Palo Alto has wide authority to expand or strengthen its approaches to seismic mitigation. The power to do more about earthquake vulnerabilities is primarily in the hands of the local jurisdictions that have significant discretion in the kinds of policies they can adopt. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 6  Palo Alto has many additional actions it can take to make sure it is complying and taking greatest possible advantage of state level regulations and opportunities. In particular, opportunities exist now to align a new seismic program with two ongoing mandated planning efforts the City is already engaged in: Palo Alto’s General Plan and its Local Hazard Mitigation Plan. Based on what state laws allow and in some cases recommend, many broad policy directions exist for Palo Alto going forward in terms of updating its seismic mitigation program. For example, Palo Alto could choose to: (1) implement measures to increase the effectiveness of its current program, for instance by offering additional or larger incentives or devoting more resources to program visibility and implementation; (2) expand the City’s current voluntary seismic mitigation programs to address additional building types or uses; (3) add mandatory screening or evaluation measures for one or more vulnerable building types such as soft-story buildings or older concrete structures; (4) upgrade the City’s current voluntary URM program to make retrofitting mandatory; (5) create a program that mandates seismic retrofits for one or more additional (non-URM) vulnerable building types; (6) craft a program that combines any or all of the above measures. Local precedents for all these types of approaches exist and are described and discussed in a separate Task 3 report; or, (7) continue the status quo current program. Although formally outside the scope of the current effort, Palo Alto also has additional opportunities for strengthening and expanding its earthquake-related efforts in terms of land use planning, public education and awareness, and small residential structures, such as: (8) develop partnerships with the private and non-profit sectors to promote insurance take up and business continuity planning; and, (9) devote more resources to increasing awareness among its citizens about low cost or free ways to become more aware and prepared for disasters more broadly. Ultimately, the recommended policy directions and action steps for Palo Alto will be informed by related efforts in this project to analyze the most current vulnerability information available, and later determined through an inclusive decisionmaking process going forward. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 7 1. INTRODUCTION This report surveys the public policy landscape in the state of California related to earthquake mitigation and describes each policy or program’s relevance for Palo Alto and similar jurisdictions. The scope is intentionally broad so that it can serve as a primer or look-up resource for persons with varied levels of background knowledge about the topic. Section 2 organizes information about the reviewed policies, programs, and institutions based on the type of policy or program. These range from building codes and mitigation mandates to educational efforts and tax-based loan financing strategies. Section 3 briefly provides information about current State level policy leadership and the small amount of earthquake-related recent and proposed legislation. Section 4 presents options for Palo Alto through a summary of the review’s findings. Appendices A and B to this report provide detailed tables of current and pending or recent legislative proposals, respectively. The process of creating this Legislative Review included searches of the California’s LegInfo database,1 search and review of published and online reports and materials, several phone interviews with state and engineering profession leaders, and development of insights from the consulting team based on their experiences in this arena. This review covered over 50 related individual existing laws or passed referenda, in addition to the state’s Existing and Historic Building Code provisions. 2. CURRENT CALIFORNIA SEISMIC-RELATED BUILDING CODES, LEGISLATION, AND KEY INSTITUTIONS This section presents legislation and programs in narrative format to address interrelationships among these laws and to present broader implications for Palo Alto. Relevant laws and programs related to Palo Alto’s obligations and opportunities regarding earthquake mitigation are categorized by type and how each works. Specific laws referenced are shown in bold. The accompanying table in Appendix A lists the identified relevant current state legislation organized by year established. State laws related to seismic safety can be categorized as relating to building codes, targeting of existing building types or uses, land use planning, real estate practice requirements, and financial policies such as the tax code, insurance, and incentives. 1 http://www.leginfo.ca.gov (Accessed January 13, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 8 Building Codes New construction in Palo Alto is governed by the California Building Code (CBC) that is updated every three years. Updates are adopted by the City Council. The International Building Code (IBC) is the underlying model code on which the provisions of the CBC are based. Legally, every local jurisdiction in California is required to adopt the state building code and to enforce that code. Above and beyond the minimums of the CBC, each jurisdiction has flexibility if justified by local climatic, geological (including seismic), and topographical conditions. Several jurisdictions have done that as part of their seismic mitigation programs, as detailed later and in Chapter III. Standards for rehabilitation, renovation, repairs, retrofits, or additions to existing structures exist in Chapter 34 of the CBC. The International Existing Building Code (IEBC) provides additional specific methodologies that jurisdictions may decide to adopt in whole or in reference to particular sections. The City of Palo Alto has its own Historic Building Inventory of hundreds of buildings as well as several Historic Districts and both state and federally designated historic properties. Therefore, the State Historical Building Code2 is also relevant, as administered by the Division of the State Architect (DSA) under the Department of General Services. Officially designated historic structures are subject to different rules for rehabilitation which are generally more flexible and permissive than those in Chapter 34 of the CBC. Local jurisdictions can specify enhancements for seismic reasons as long as the justifications and nature of such changes are fully public and documented on record with the State Historical Building Safety Board.3 A detailed list of key provisions is given on the DSA website4. Targeted Building Types Unreinforced Masonry (URM) Inventories of specific building types have formed the backbone of California seismic policy towards existing buildings since at least the 1930s, but it was the 1986 Unreinforced Masonry (URM) Law that firmly established the precedent of using inventories to promote retrofits of existing seismically vulnerable buildings. Through this policy, in Section 8875 of the California Government Code, the State Legislature required all 366 local governments in Seismic Zone 4 (the highest hazard level) to inventory their URM buildings, establish some kind of loss- 2 Health and Safety Code, Division 13, Part 2.7, §18950-18961. 3 “Each local agency may make changes or modifications in the requirements contained in the California Historical Building Code, as described in Section 18944.7, as it determines are reasonably necessary because of local climatic, geological, seismic, and topographical conditions. The local agency shall make an express finding that the modifications or changes are needed, and the finding shall be available as a public record. A copy of the finding and change or modification shall be filed with the State Historical Building Safety Board. No modification or change shall become effective or operative for any purpose until the finding and modification or change has been filed with the board.” [Health and Safety Code §18959.f.] 4 http://www.dgs.ca.gov/dsa/AboutUs/shbsb/shbsb_health_safety.aspx (Accessed January 23, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 9 reduction or remediation program within four years, and report progress to the California Seismic Safety Commission (CSSC). Each county or municipality was allowed to design its own program. In general, three main types of local programs were utilized: 1) mandatory retrofit, 2) voluntary retrofit, and 3) notice to owners that the structure is a URM building. When retrofits were encouraged or required, the local government set the standards to be met. Palo Alto already had an inventory and program in place for URMs at the time the law was passed, and thus it was mainly subject to the reporting requirements. Mandatory signage was later required and is another controversial aspect of the State’s approach to URM buildings. Section 8875.8 of the Government Code increased enforcement efforts on the requirement for warning placards to be posted at the entrances to un-retrofitted URM buildings. In 2006, URM building owners had posted 758 signs (see Figure 1 for required text); almost all jurisdictions report the signage had no noticeable effects (CSSC, Status of the Unreinforced Masonry Building Law, 2006). Figure 1: URM sign example text. Reviews of the URM Law by the CSSC have shown it to be a success over the long term. In 2006 (the last comprehensive state survey available), compliance with the policy was 93%, and over 70% of identified URM buildings have been either retrofitted or demolished (CSSC, Status of the Unreinforced Masonry Building Law, 2006). More than half (52%) of affected jurisdictions adopted a mandatory program, which has proven by far to be the most effective type. Eighty- seven percent of identified properties have been retrofitted or demolished in jurisdictions with mandatory programs, compared to thirteen to 25 percent in jurisdictions with other program types. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 10 Some of the URM law’s influences are subtler. The state URM law is credited with creating greater awareness among community leaders and increasing practical experience and capacity to address seismic policy implementation in local jurisdictions. It set the precedent of preserving “local choice” in how to address the problems of seismically-vulnerable existing buildings. This law also brought some public attention to the issue, through exposure to warning signs at building entrances. In jurisdictions with highly effective programs, the URM law likely set the stage for greater willingness to adopt stronger, more proactive approaches for other building types. Targeted Building Uses Hospitals Palo Alto is host to at least two major hospitals, the Palo Alto Veteran’s Administration Hospital and the Lucile Packard Children’s Hospital, as well as a number of urgent care clinics and other health care facilities, for instance related to Stanford Hospital. State-mandated seismic minimums and upgrade requirements for hospitals were put in place in 1973 through SB 1953 and periodically amended since. The Office of Statewide Health Planning & Development (OSHPD) develops guidelines, administers the program, and oversees compliance. Extraordinary resources have been spent to upgrade and develop new hospitals in response to SB1953, resulting in major improvements to both seismic safety and in patient care (OSHPD, 2005). However, progress has been slower than hoped, in part because of the costs of achieving the high levels of performance that the law demands but also because of program complexity and organizational difficulties in managing upgrade programs. A comprehensive study of SB 1953 implementation showed that even organizational leaders highly motivated to reduce risk in the context of strict mandates were not always able to achieve timely progress (Alesch, 2012). Public Schools Following the 1933 Long Beach quake that rendered over 230 Southern California schools unsafe, the Field Act was passed to require higher seismic design minimums in new public school construction. The 1939 Garrison Act required school districts to retrofit or replace pre- Field Act schools. However, many schools did not comply until the mid-1970s.The Division of the State Architect (DSA) oversees this program, and since 2002 has done tracking via the “AB Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 11 300 List.” 5 Further detail about Field Act implementation statewide can be found in formal state reports (See, e.g., CSSC, 2009). The status of approximately six Palo Alto area schools that have buildings on the “AB 300 List,” could be relevant to future policy development efforts depending on the extent to which the city relies on schools in its emergency response plans. Functioning schools are also known to play a large role in resumption of local business activity as part of recovery. Essential Services Buildings State law recognizes that buildings that house mission-critical jurisdictional services and administrative functions should be safe and functional after a major local event. Palo Alto is required by the California Essential Services Building Seismic Safety Act of 1986 to follow enhanced regulations during the design, rehabilitation, and construction of essential service facilities, defined as fire stations, police, California Highway Patrol, or sheriff offices, or any buildings used in part or whole to conduct emergency communications and operations. As with hospitals, the DSA develops and maintains the design and construction requirements and tracks compliance for this law. Land Use, Zoning, and Real Estate Disclosure Requirements General Plan Requirements According to the State Planning and Zoning Law, Palo Alto and other California jurisdictions have been required since 1971 to address earthquake vulnerabilities in their General Plans, currently in the Safety Element.6 The Governor’s Office of Planning and Research (OPR) provides General Plan Guidelines for what jurisdictions must do in creating and implementing their plans, mostly recently in 2011.7 Typical earthquake-related provisions focus on avoiding development in hazardous areas (for instance near known faults) and adoption of zoning and use requirements that can reduce hazards (such as creation of retention and recharge basins to lessen the impacts of storms). Palo Alto’s last General Plan was adopted over ten years ago. Since 2008, staff have been reviewing and updating different elements in turn. An analysis should be undertaken of any relevant earthquake hazard-related aspects in it, and care should be taken to align and integrate future mitigation program efforts with the City’s updated General Plan, which is 5 http://www.documents.dgs.ca.gov/dsa/ab300/AB_300_List.pdf (Accessed January 23, 2016). List described as up to date as of Thursday, September 10, 2015. 6 Government Code §65300-65303.4. 7 https://www.opr.ca.gov/docs/complete_pzd_2011.pdf (Accessed, March 6, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 12 currently in development. As of 2016, Palo Alto is working on a comprehensive update to be in effect through 2020 to 2030. More detail is available on a city website designed specifically as part of a highly engaged community involvement process.8 Zoning Palo Alto is on the list of California cities that contain some areas designated by the state as an “Earthquake Fault Zone” (Hart, 2010). The California Geological Survey (CGS) under the California Department of Conservation (DOC) oversees implementation of the Alquist-Priolo Earthquake Fault Zoning Act of 1972, a particularly important legacy policy in understanding California earthquake risk management policy. The CGS regularly conducts and updates studies that identify active faults. Buildings within an “Earthquake Fault Zone” face additional planning, use, and disclosure obligations. Additionally, the 1990 Hazards Mapping Act gave DOC responsibility for mapping areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. Within these mapped Zones of Required Investigation, geotechnical investigations to identify hazards and formulate mitigation measures are required before permitting most development. Small Residential Real Estate Mandates and Disclosures All sellers of real property in Palo Alto are required to disclose certain facts about the building location and its condition related to earthquake hazards. These requirements began with the Natural Hazards Disclosure Act of 1990, which has detailed provisions for what sellers of real property are obligated to do and what kinds of information they must provide prior to point of sale. Requirements are more extensive when the property being sold lies within one or more of the state-mapped hazard areas, including landslides, liquefaction, and Earthquake Fault Zones.”9 Since 1993, all sellers of residential properties of four units or less must under Government Code Section 8897.1-8897.5: o Inform the buyer about known home weaknesses related to earthquake risk; o Properly strap the water heater; o If the home was built before 1960, deliver a copy to the buyer of the Homeowner’s Guide to Earthquake Safety10 brochure produced by the CSSC (The real estate agent is holds responsibility for this requirement being met); 8 http://www.paloaltocompplan.org/ (Accessed January 23, 2016). 9 http://www.conservation.ca.gov/cgs/rghm/ap/Pages/disclose.aspx (Accessed January 20, 2016). 10 Available at: http://www.seismic.ca.gov/pub/CSSC_2005_HOGreduced.pdf (Accessed February 1, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 13 o Deliver to buyers a Natural Hazards Disclosure Form telling buyers whether the home is in an Earthquake Fault Zone or in a Seismic Hazard Zone; and, o Complete and deliver to buyers a Residential Earthquake Hazards Report. A similar document called the Commercial Property Owners Guide to Earthquake Safety11 makes recommendations for commercial property buyers and sellers at the time of sale. The only requirement is that sellers must deliver a copy of the booklet to a buyer, “as soon as practicable before the transfer,” (Government Code, Section 8893.2) if the property was built before 1975 and has precast (tilt-up) concrete or reinforced masonry walls and wood-frame floors or roofs. Palo Alto currently features links to both the aforementioned guides on its Building Department website. Legal Obligations to Tenants California case law in Green v. Superior Court (1974, 10 Cal.3d 616) established that a rental unit must be “fit to live in,” or “habitable.” In legal terms, “habitable” means that the rental unit is appropriate for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety (CA Civil Code §1941, 1941.1). At time of writing, no common law precedents could be identified regarding thresholds related to seismic risk that would be actionable for tenants to reasonably claim breach of a landlord’s implied warranty of habitability. California law is broad by stating that “other conditions may make a rented property not habitable” (CA Civil Code §1941, 1941.1). For example, a rented property may not be habitable if it does not substantially comply with building and housing code standards that materially affect tenants' health and safety (CDCA, 2012). This could be a lead or mold hazard, sanitation issues, or an endangering nuisance, but also potentially if the building is substandard because of a structural hazard. In seeking to develop any new programs, Palo Alto should consider conducting a legal analysis of this important but untested aspect of seismic mitigation policy. Some housing and tenant rights groups have asserted that soft-story and other generally accepted seismic vulnerabilities may constitute a deficiency that a landlord has an obligation to repair, regardless of whether the local jurisdiction has required such work. Citizen complaints of this nature surfaced in Berkeley for instance in 2008 to 2010 (personal communication, 2010 with Jay Kelekian, City of Berkeley Rent Stabilization Board President). 11 Available at: http://www.seismic.ca.gov/pub/CSSC_2006-02_COG.pdf (Accessed February 1, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 14 Special Earthquake-Related State-Level Entities and Programs Following are a few more important state-level entities and resources of which Palo Alto can take advantage. California Seismic Safety Commission (CSSC) The California Seismic Safety Commission (CSSC), established in 1975, advises the Governor, Legislature, and state and local governments on aspects of earthquake vulnerability and policy. Its staff offer technical assistance to cities in developing and carrying out seismic related programs. The CSSC is responsible for maintaining a five-year California Earthquake Loss Reduction Plan to establish strategy and coordination for state and local government actions to mitigate earthquake hazards. The most recent statewide Loss Reduction Plan was published in 2013 (CSSC, 2013). It contains detailed lists of policy issues and recommendations that, while comprehensive, prioritized, and sensible, have had limited traction owing to lack of elected official leadership and budget. Other duties include tracking progress on the state URM law and deriving policy lessons from earthquake events. Several CSSC publications are among the best resources for evaluating local mitigation programs. California Earthquake Authority (CEA) The California Earthquake Authority (CEA) is a privately-funded, publically managed non-profit entity that provides private insurance policies to homeowners and renters. Eligibility includes homes of four units or less through participating insurers. The earthquake insurance take-up rate statewide is around ten percent. As of January 2016, CEA-affiliated underwriters can now offer a premium discount up to 20% for mitigation investments made. The number of small residential buildings in Palo Alto whose owners carry earthquake insurance is not known, but those that do or that purchase it from hereon could be eligible for this discount. Palo Alto could potentially work to make sure this benefit is better advertised and utilized by building owners. Additionally, a substantial portion of CEA’s annual premium intake is legislatively required to be spent on efforts to achieve mitigation in one-to-four unit homes throughout the state. These funds have been invested in research as well as an important new mitigation grant program for small residential houses called Earthquake Brace and Bolt, which is further described in the Financial Incentives section on the California Residential Mitigation Program. Currently, enrollment for cities is closed but expansion is planned in the future. Governor’s Office of Emergency Services Formerly known as the California Emergency Management Agency, the Governor’s Office of Emergency Services (Cal-OES) coordinates statewide emergency preparedness and response activities. Palo Alto might have untapped opportunities to train City employees at CAL-OES’s Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 15 Specialized Training Institute.12 For instance, they have an “Essential Emergency Services Concepts – Earthquakes.” Financial Provisions, Tax Code, and Other Incentive Policies The potential difficulty of affording retrofit work is universally recognized as a barrier for public and private owners alike. A variety of reports have attempted to catalog incentive, financing and in-kind assistance options that are relevant to city earthquake and resilience programs (See e.g., ABAG, 1992; ATC, 2010; ABAG, 2014; MMC, 2015). This section highlights a few key pieces of enabling state legislation and federal tax programs that jurisdictions such as Palo Alto could utilize. Specific examples of how different jurisdictions have used specific financing and incentive programs are analyzed in the Task 3 Report. General Obligation, Special District, and Mello-Roos District Bonds Palo Alto is allowed to take on general obligation bond debt to help pay for retrofit or construction of new public buildings and to generate funds for providing loans to private owners for seismic work if doing so constitutes a compelling public purpose (Government Code §43600-43638; Government Code §29900-29930). Advocates have also speculated that communities might be able to use the Mello-Roos Community Facilities Act of 1982 (Government Code §53311-53317.5). This act allows localities in California to create special Capital Facilities Districts that can sell bonds to generate funds for infrastructure and community facilities and then levy additional property taxes on the real property owners in that district. Such taxes are not subject to Proposition 13 restrictions on property tax increases. Covered services may include streets, water, sewage and drainage, electricity, infrastructure, schools, parks and police protection in old or newly developing areas. The tax paid is used to make the payments of principal and interest on the bonds. Historic Property Tax Reductions Palo Alto has many historic structures and may be able to take advantage of the Mills Act of 1972,13 which gives local governments the authority to enter into contracts with owners who restore and maintain historic properties. In exchange, the property owners could get significant property tax savings. Although cumbersome, St. Helena, California is one example of a city that used this tool to help owners of unreinforced masonry buildings to seismically retrofit (ABAG, unpublished soft-story report, 2015). 12 See: http://www.caloes.ca.gov/cal-oes-divisions/california-specialized-training-institute (Accessed February 1, 2016). 13 California Government Code, Article 12, §50280-50290, California Revenue and Taxation Code, article 1.9, §439-439.4. Further information available at: http://www.ohp.parks.ca.gov/?page_id=21412 (Accessed February 1, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 16 Limits on Increases on Property Tax for Seismic Retrofit Costs Existing state tax law (California Revenue and Taxation Code §74.5) provides that the cost of an earthquake retrofit should not increase the property assessment used to determine the amount of property taxes. The extent to which building owners take advantage of this benefit is unknown and might be low because of requirements to submit specific information to their County Assessor’s Office prior to conducting retrofit work. Many Assessors’ Offices do not have forms for this purpose and their staff is not trained to process this benefit. At this time, it is not known how Santa Clara County manages this issue. Palo Alto could potentially work to make sure this benefit is better advertised and truly available to building owners. Property Assessed Clean Energy (PACE) Financing New financing programs are starting to exist that could help owners in Palo Alto who might have difficulty securing financing on their own for a seismic retrofit. Based on the Property Assessed Clean Energy (PACE) model first pioneered for solar improvements, owners can apply for 100 percent financing for seismic retrofit work at competitive fixed rates over the useful life of the improvements, to be repaid over up to 20 years with an assessment added to the property’s tax bill. The levy stays with the building upon sale and costs can be shared with tenants. Both Berkeley and San Francisco are participating in the open access AllianceNRG Program14 that offer residential property owners this financing solution primarily for sustainability upgrades and seismic strengthening projects for soft-story construction are also eligible. The AllianceNRG program is offered through California’s Statewide Community Development Authority (CSCDA) and partnerships with additional communities are now being offered state-wide since 2015. After the concept was launched in Berkeley in 2008, PACE programs stalled in 2010 the country's two biggest home lenders, Fannie Mae and Freddie Mac, decided not to underwrite mortgages for PACE customers because it added too much risk in the event of a default because the PACE loan took precedence over the mortgage. Anecdotally, jurisdictions have had some difficulties implementing this type of program for energy improvements.15 Challenges include setting up this complex financing instrument which has heavy involvement of third parties, barriers to owners that want to refinance, and barriers to the transfer of a PACE-financed properties to a new owner. 14 https://www.alliancenrg.com/retail/ (Accessed January 20, 2016). 15 See e.g., http://www.voiceofsandiego.org/topics/science-environment/some-homeowners-looking-to-move-must-deal- with-a-change-of-pace/ (Accessed February 2, 2016. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 17 California Residential Mitigation Program (CRMP) Palo Alto and other cities can benefit if the citizens can stay in their homes and “shelter in place” following a major local quake. One new important effort on this front is the California Residential Mitigation Program (CRMP). It was formed in August 2011 to carry out mitigation programs to assist California homeowners who wish to seismically retrofit their houses. CRMP’s goal is to provide grants and other types of assistance and incentives for these mitigation efforts. The California Residential Mitigation Program is a joint-exercise-of-powers entity (JPA) formed by two core members: the California Earthquake Authority (a public instrumentality of the State of California known as CEA) and the Governor’s Office of Emergency Services (Cal- OES). CRMP is a legally separate entity from its members. The first of these programs, Earthquake Brace + Bolt: Funds to Strengthen Your Foundation (EBB)16 was launched as a pilot project in September 2013 in selected zip codes only. EBB offers a cash grant up of to $3,000 for qualifying bolts or sill anchoring installment. Homeowners must register and be accepted into the program, with a cap on the number of participants. The current registration window was open from January 20 to February 20, 2016. Participation is determined by lottery if more applications are received than funds are available. At present, no Palo Alto zip codes are in the program. The selection of the specific neighborhoods and zip codes was based upon analysis of U.S. Census data identifying areas of high seismicity and having a concentration of owner-occupied homes built in 1979 or earlier. According to personal communications with CEA mitigation program representatives, Palo Alto zip codes are not likely to be prioritized highly owing to the modest number of very old single family homes. Federally Mandated Municipal Obligations and Opportunities Even though the focus of this review is California, two particularly relevant federal programs for Palo Alto are described below. As with the state, no centralized governmental authority exists at the federal level to regulate issues of seismic safety. Instead, authorities and strategies are widely distributed among agencies at the local, state, and federal levels. For instance, the Department of Housing and Urban Development operates several initiatives related to safer homes and resilient communities,17 and the General Services Administration must confront seismic risk concerns as it manages most federal facilities. The federal role is concentrated in FEMA and principally focused on emergency response and recovery, although mitigation is also addressed. 16 https://www.earthquakebracebolt.com/ (Accessed January 23, 2016) 17 See, e.g., the Smart Growth America Resilience States program, http://www.smartgrowthamerica.org/resilience/ (Accessed February 1, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 18 Local Hazard Mitigation Planning Under the Disaster Management Act The federal Disaster Management Act of 2000 (DMA) and subsequent amendments specify that local jurisdictions and states must have approved Hazard Mitigation Plans in place in order to be eligible for aid following Stafford Act Disaster declarations and a variety of other benefits. The State of California Multi-Hazard Mitigation Plan of 201318 is a comprehensive source of information about state level requirements, mitigation strategies, as well as local and state progress and opportunities for coordination (CSSC, 2013b). Palo Alto current complies with the DMA through its participation in the 2011 Santa Clara County’s Office of Emergency Services Annex to a 2010 region-wide “umbrella” Local Hazard Mitigation Plan (LHMP) created by the Association of Bay Area Governments (ABAG). To create the plan, representatives from County departments, private sector businesses, stakeholders, and thirteen of the fifteen incorporated cities in Santa Clara County collaborated in identifying and prioritizing potential and existing hazards. Mitigation objectives were identified and prioritized and specific action steps are listed, many of which have been taken. Palo Alto is currently preparing its contributions for updates to the Santa Clara County LHMP which must be completed, submitted to the state, and approved by June 2017. The LHMP process creates an opportunity to build synergies between an updated seismic program and other mitigation efforts city and county-wide. Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation Grants Cities such as Palo Alto are eligible to apply to the Pre-Disaster Mitigation (PDM) Grant Program19, created by Section 203 of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, funded annually by Congressional appropriation. The program aims to assist States, territories, Federally-recognized tribes, and local communities in implementing a sustained pre-disaster natural hazard mitigation program. Cities must submit a detailed application during an open window to an annual competition. This program awards planning and project grants as well as providing assistance in raising public awareness about reducing future losses before disaster strikes. The program works on a 75%/25% cost share between FEMA and the local jurisdiction, respectively, with a maximum grant of $3 million. Cities can submit applications for multiple projects. Palo Alto could apply for support for future projects ranging from updating city owned structures, direct financing or grants to a private class of buildings or specific important structure. 18Available at: http://hazardmitigation.calema.ca.gov/docs/SHMP_Final_2013.pdf (Accessed February 1, 2016). 19 http://www.fema.gov/hazard-mitigation-grant-program (Accessed January 15, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 19 The disaster occurrence that opens a funding availability window does not necessarily have to affect Palo Alto directly. For instance, any California jurisdiction with an active LHMP was permitted to propose projects based on the Presidential Disaster Declaration for the 2015 Valley and Butte fires. Finally, if City of Palo Alto employees have not already taken advantage of it, training opportunities are available at the FEMA Emergency Management Institute in Maryland.20 3. LEGISLATIVE LEADERSHIP AND RECENT DEVELOPMENTS Palo Alto citizens are represented in the state Senate by Jerry Hill (D) and in the Assembly by Rich Gordon (D), 24th District, both with terms ending in 2016. High earthquake exposure throughout coastal California has led legislators from a variety of districts to author legislative proposals. Most recently, leadership has come from elected officials Nazarian, Chiu, and Monning. Several different committees in the California Assembly and Senate have jurisdiction over issues related to seismic safety and mitigation, building codes, and earthquake-related programs. In the Assembly, the Committee on Housing and Community Development has jurisdiction over building standards, common interest developments, eminent domain, farm worker housing, homeless programs, housing discrimination, housing finance (including redevelopment), housing, natural disaster assistance and preparedness, land use planning, mobile homes/manufactured housing, and rent control. The Assembly Committee on Local Government has authority over a range of General Plan, city finance, and housing policies. The most relevant Senate committee is Transportation and Housing, which governs issues such as transfer of ownership, financing districts, manufactured housing, building codes and standards, and common interest developments. Through these committees, legislators have considered several pieces of legislation related to earthquake mitigation in recent years. This review identified around ten such pieces of legislation debated in the 2013 to 2015 California legislative sessions, including passed, pending, vetoed or never fully heard bills (see Appendix B). Three key legislative proposals of interest to Palo Alto are briefly described here. Vetoed: Seismic Mitigation Tax Credits In the most recent session, Assembly Member Adrin Nazarian (District 46 in the San Fernando Valley) has sponsored legislation to create a state-wide seismic mitigation tax credit. The 2015 version AB 428 passed the legislature but was vetoed by the Governor based on funding availability, lack of technical and administrative capacity in the Franchise Tax Board, and the 20 https://training.fema.gov/emi.aspx (Accessed February 1, 2016). Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 20 program’s potential complexity. The law would create a first-come first serve state tax credit equal to 30 percent of a “qualified taxpayer’s” “qualified costs” incurred for “seismic retrofit construction.” Pending: Permissions to Expand CEA Insurance Mitigation Discounts CEA was active in promoting legislation last year to empower the CRMP to offer grants for small residential retrofit work. Currently pending are AB 1429 (Chiu) and AB 1440 (Nazarian) that will provide $3 million dollars to the CRMP for expanding its current EBB program. Dead: Soft-Story and Older Concrete Mitigation Program Authorization AB 2181 (Bloom)21 would authorize each city, city and county, or county to require that owners assess the earthquake hazard of soft story residential buildings and older concrete residential buildings. It includes older concrete residential buildings constructed prior to the adoption of building codes that ensure ductility, and to initiates programs to inform owners, residents and the public about such dangers. There is no state law that forbids such programs, but this law if passed would remove any ambiguity that such programs are permitted and further justify local actions to that effect. 4. CONCLUSIONS Palo Alto is affected by numerous California laws and regulations related to seismically vulnerable structures, dating from the 1930s to the present day. The requirements relate to many aspect of the city’s built environment, including:  Code minimums for new construction;  Standards for seismic rehabilitation, including special provisions for historic properties;  Special programs and expectations for certain classes of use such as hospitals and public schools, and essential facilities;  Mandatory and voluntary unreinforced masonry programs;  Mandated zoning and land use planning requirements that restrict use and add requirements;  Grant and insurance programs available to one to four unit dwellings;  Financing authorities such as issuance of general obligation bonds and provisions for handling of property taxes for the costs of needed seismic retrofit; and 21 http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2181 (Accessed February 1, 2016. Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 21  Real estate disclosure requirements. Beyond some recent and pending efforts related to funding small residential mitigation grant programs and Earthquake Early Warning, there is no apparent momentum at this time for new statewide initiatives. That being said, Palo Alto can take any of several actions listed below to make sure it is complying with and taking the greatest possible advantage of existing state laws and programs. For example:  Palo Alto could confirm that all its URM buildings maintain the required signage.  Palo Alto could investigate the status of the approximately six Palo Alto area schools that have buildings on the State’s “AB 300 List” related to the Garrison Act.  Palo Alto could identify and review the status of public facilities covered under the Essential Services Building Seismic Safety Act and review its policies for guiding future planning for or rehabilitation of such structures.  Palo Alto could take advantage of the current update process for its Local Hazard Mitigation Plan to develop a strong, coherent, shared vision for how the city is going to address earthquake risk, and encourage jurisdictions and special districts nearby to do the same. Resources from FEMA Hazard Mitigation Grants and knowledgeable partners such as the Association of Bay Area Governments may be available to assist in this effort.  Palo Alto could work carefully to incorporate the most up-to-date assessment of local earthquake vulnerabilities as it revises the Safety Element of its General Plan.  Palo Alto could make sure its employees have taken advantage of the best available state and federal emergency management training programs that are relevant to earthquake disasters and recovery.  Palo Alto could develop partnerships and devote resources to more fully realizing the benefits of statewide offerings of tax relief and requirements regarding real estate disclosure in private sales. These policies aim to empower buyers and sellers to be better informed and able to make better mitigation decisions for themselves but may be carried out incorrectly and are under-enforced. Palo Alto could, for instance, work to make sure building owners apply for relief from any property assessment increases that would otherwise result from investing in an earthquake retrofit.  Palo Alto could seek closer ties to the California Earthquake Authority to help in promoting mitigation and insurance coverage for one to four unit homes. CEA has recently been one of Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 22 the lead entities in offering policy ideas and grant funding for earthquake mitigation of small residential structures.  Palo Alto could evaluate whether it contains any vulnerable historic properties that might be eligible for tax credits under the Mills Act. This Act provides the most significant direct source of financial support from the state for local seismic retrofitting.  Palo Alto could investigate the issue of seismic habilitability minimums for suspected earthquake vulnerable buildings. Legal uncertainty exists about whether tenants are already entitled under current state law to request that their landlord upgrade a structure for being “substandard.”  Palo Alto could join with fellow jurisdictions in advocating for changes in state law to promote seismic mitigation.  Palo Alto could develop partnerships and devote resources to bringing more awareness among its citizens about low cost or free ways to become more aware and prepared for disasters more broadly. Cal-OES and many other state and non-profit institutions offer free online tools such as http://myhazards.caloes.ca.gov/ to help citizens understand their risks and take private action. The power to address unmet seismic safety and recovery concerns clearly rests in the hands of cities, counties, and special districts. If it so chooses, Palo Alto has legal authority to widen and/or strengthen its structural mitigation program. Based on what state laws allow and in some cases recommends, this review revealed the following non-exhaustive list of policy directions Palo Alto could pursue going forward: 1. Palo Alto could implement measures to energize and raise the effectiveness of its current program (outlined in City of Palo Alto Municipal Code 16.40), for instance by offering additional or larger incentives or devoting more resources to program visibility and implementation. Making the current program more effective would likely require additional funding sources. Other jurisdictions are experimenting with some success in using tools such as the new state-wide PACE financing program. Palo Alto could investigate opportunities to establish special Mello-Roos or Mills Act districts to help finance local seismic mitigation. 2. Palo Alto could expand its voluntary seismic mitigation program to address one or more combinations of additional building types, occupancy levels, or uses. The State Legislature has Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 23 formally passed advisory legislation that encourages jurisdictions to adopt policies for building types like soft-story and older concrete.22 3. Palo Alto could create mandatory screening or evaluation measures for one or more vulnerable building types such as soft-story buildings or older concrete structures. Local precedents for these approaches exist and are described and discussed in a separate Task 3 report. 4. Palo Alto could make its current voluntary URM program mandatory. Mandatory URM programs in the State have been on average three times more effective than voluntary ones. 5. Palo Alto could create a program that mandates seismic retrofits for one or more additional (non-URM) vulnerable building types. The State Legislature has formally passed legislation that authorizes cities to adopt rehabilitation requirements for such programs This is important because cities must reference acceptable standards that state clearly how owners can comply with the requirement to retrofit. 6. Palo Alto could craft a program that combines any or all of the above measures. The Task 3 report shows that most leading local earthquake programs involve a customized mixture of goals, requirements, and features. 7. Palo Alto could continue the status quo current program. Nothing under current state law requires Palo Alto to change its current approach. The City of Palo Alto is currently gathering up to date earthquake risk information about its building stock and engaging its citizens and local experts in order to develop and evaluate specific policy alternatives. The ultimate goal is to recommend to city leaders the best possible policy directions for Palo Alto moving forward. 22 Health and Safety Code §19160-19168 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=19001- 20000&file=19160-19168 Attachment F Palo Alto Seismic Risk Assessment Study December 21, 2016 Final Report Page 24 5. REFERENCES CITED ABAG. (1992). Seismic Safety Incentive Programs: A Handbook for City Governments. Association of Bay Area Governments, Oakland. ABAG. (2014). Soft-Story Housing Improvement Plan for the Cit of Oakland. Oakland. Retrieved from http://resilience.abag.ca.gov/wp-content/documents/OaklandSoftStoryReport_102914.pdf Alesch, D. J. (2012). Natural Hazard Mitigation Policy: Implementation, Organizational Choice, and Contextual Dynamics. New York, NY: Springer Business Science. ATC. (2010). Here Today—Here Tomorrow: The Road to Earthquake Resilience in San Francisco. Community Action Plan for Seismic Safety, Redwood City. Retrieved from http://sfgov.org/esip/sites/default/files/FileCenter/Documents/9757-atc522.pdf CDCA. (2012). California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. Retrieved January 16, 2016, from http://www.dca.ca.gov/publications/landlordbook/catenant.pdf CSSC. (2006). Status of the Unreinforced Masonry Building Law. California Seismic Safety Commission, Sacramento. CSSC. (2009). The Field Act and its Relative Effectiveness in Reducing Earthquake Damage in Public Schools Appendices. California Seismic Safety Commission, Sacramento. CSSC. (2013). California Earthquake Loss Reduction Plan / Pre-Earthquake Economic Recovery. California Seismic Safety Commission, Sacramento. CSSC. (2013). California Enhanced State Multi-Hazard Mitigation Plan. Sacramento: California Seismic Safety Commission. Hart, W. A. (2010). Special Publication 42 (Fault-Rupture Hazard Zones in California)y. Retrieved from http://www.conservation.ca.gov/cgs/rghm/ap/Pages/affected.aspx MMC. (2015). Developing Pre-Disaster Resilience based on Public and Private Incentivization. National Institute of Building Sciences, Multihazard Mitigation Council of the Center on Fire, Insurance, and Real Estate. OSHPD. (2005). California's Hospital Seismic Safety Law: History, Implementation and Progress. Sacramento. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 25 CHAPTER III LOCAL PROGRAM BEST PRACTICES ASSESSMENT Executive Summary This chapter summarizes the status of local seismic safety and mitigation programs in California with the purpose of informing Palo Alto’s effort to update its own approach. It has been prepared per Task 3 of the Consulting Agreement between Rutherford + Chekene and the City of Palo Alto. The content builds on the state-level policy review presented in Chapter II. The scope of Task 3 is to:  Review present best practices among jurisdictions and agencies in this area that require seismic retrofitting and provide incentives, and deliver a brief summary.  Provide a concise and practical written summary of what other jurisdictions and counties have done legislatively and programmatically to increase awareness about, assess, and motivate mitigation of seismically vulnerable buildings, both listing and helpfully classifying various approaches that have been used. The process of creating this review included search and review of published and online reports and materials, several phone interviews with community leaders as well as local and state government staff, and development of insights from the consulting team based on their experiences in this arena. Palo Alto is currently laying a solid foundation for future program development by investing in new inventory and risk information as well as community outreach and internal staff discussions. In doing so, it is joining a group of leading coastal California coastal jurisdictions such as Berkeley, Oakland, San Francisco, and Los Angeles that have recently stepped up their earthquake risk reduction efforts. While there is much learning and information sharing going on, each jurisdiction has developed their own customized policy package, and there is no single best model that Palo Alto can straightforwardly adopt. Existing local approaches differ widely in the following ways:  Policy mechanisms used to achieve progress; Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 26  Scope of targeted building types or uses addressed;  Prioritization and compliance timeframes; and  Types of incentives offered. Policy mechanisms in use range all the way from inventory only to mandatory retrofit with timeframes under five years. In between are more gradual approaches such as voluntary retrofit advocacy, incentives, provisions that make building deficiencies more visible to the public (disclosure measures), and mandatory screening and evaluation requirements. An important policy decision is whether any mandated actions are implemented on a fixed timeline or triggered at sale or at some renovation cost threshold. Targeted building types and characteristics also vary. The most commonly addressed building type is unreinforced masonry (URM) construction due to state law SB 547, as discussed in the Task 2 report. Over half of URM programs in the state require mandatory retrofit, often but not always with a time frame on the order of ten to twenty years. By 2006, seventy percent of all identified URMs were either demolished or retrofit. Retrofit rates are on average three times higher in jurisdictions with mandatory retrofit compared to voluntary programs. Jurisdictions used a wide variety of both financial and policy incentives to assist URM owners. Some voluntary URM programs, including Palo Alto’s, coupled with incentives, have achieved similar rates of success to mandatory programs. Newer programs have focused on soft-story wood frame buildings, including ten Bay Area jurisdictions and most recently Los Angeles as of 2015. Soft-story wood frame building programs also range in requirements from notification only to mandatory retrofit, but several jurisdictions have innovatively used intermediate mandatory screening and evaluation phases to further assess risk exposure and determine the final set of buildings that will be affected by retrofit requirements. Soft-story wood frame programs have largely been supported in the local community. Even voluntary soft-story wood frame programs can be effective at motivating retrofit action; one fourth of the soft-story wood frame buildings in the City of Berkeley were voluntarily retrofit within a few years after a mandatory evaluation ordinance was implemented. Compliance timeframes in soft-story wood frame programs tend to be short, on the order of two to seven years. A comparatively small number of southern California jurisdictions have acted to address older concrete buildings, including Los Angeles, Burbank, Santa Monica, and Long Beach. Nonductile concrete frame and tilt-up concrete structures in particular are known to pose serious risks. Programs aimed at older concrete range from voluntary guidelines to mandatory evaluation Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 27 and full retrofit requirements. Timeframes here vary greatly, from years to decades. Information about the implementation and outcomes of these few programs is very limited. Coming out of this local program review, alternative policy approaches for Palo Alto’s consideration include: Option 1: Status Quo. In this option, the existing ordinance with its mandatory evaluation, voluntary retrofit approach remains in place without changes. Floor area ratio bonuses are (were) available and could continue to be offered. Option 2: Increase Scope, but Retrofit Remains Voluntary. Additional categories of structures are added to the mandatory evaluation requirements. These could include any or all of the building types discussed above, potentially also using additional location, use, or occupancy criteria. Option 3: Similar to Option 2, but Additional Disclosure Measures are Incorporated. This option would be similar to Option 2, but with increased use of disclosure measures such as prominently posting the building list on the City website, notifying tenants, requiring signage, and/or recording notice on the property title. Option 4: Increase Scope, Some Categories are Voluntary and a Few Categories are Mandatory, with Enforcement by Trigger Threshold This option builds on Option 3, but retrofitting would be required for some building types at whenever future time a building is sold or undergoes substantial renovation above a set threshold. Option 5: Increase Scope, Some Categories are Voluntary and a Few Categories are Mandatory, with Enforcement by a Fixed Timeline This option would be similar to Option 4, but retrofitting is required according to a fixed timeline. Timelines and enforcement emphasis could vary depending on tiers or priority groupings to motivate prompt action for the most vulnerable or socially important structures. Option 6: Increase Scope, but More Categories are Mandatory This alternative is similar to Option 5, but retrofitting would be required for additional categories on a fixed timeline. Palo Alto can also make its programs more stringent over time. Explicit phasing has been successful in jurisdictions like Berkeley and San Francisco for generating political consensus and enhancing administrative feasibility. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 28 Other program features and implementation factors should be considered in designing a future program. Palo Alto will need to decide whether location, occupancy type, and/or number of occupants should be included in the scope or just the timeline categories. Whether and which incentives to offer is an important issue from a political and economic feasibility perspective, one that affected community members will want to see inclusively addressed. The community should also be involved in discussing which if any disclosure measures are considered necessary and appropriate, such as signage. Additionally, based on the work of cities such as Berkeley, San Francisco, and Los Angeles, Palo Alto has a variety of opportunities to expand and better connect its earthquake mitigation program efforts to other city efforts in support of community resilience goals more broadly. For instance, Palo Alto could encourage building occupancy and resumption program like San Francisco, encourage or fund installation of strong motion instruments, or pursue special programs or requirements for cell phone towers, facades, private schools, and/or post- earthquake shelter facilities. Several leading local program models and planning resources for these types of efforts are introduced in Appendix D. 1. INTRODUCTION This document is meant to be a resource and guide for the Palo Alto community and city leadership as they weigh program needs and options for seismic mitigation policymaking going forward. It offers comprehensive information on many topics so readers with different backgrounds can advance their understanding, along with summary tables and conclusions specific to Palo Alto’s present effort. The approach taken was to document and assess existing and proposed programs that a selected set of other jurisdictions are using to address earthquake vulnerabilities in local buildings. This was done using analysis of city websites and documents, search and review of published and online reports, several phone interviews with local officials and engineering profession leaders, and development of insights from the consulting team based on their experiences in this area. Focusing on a selected set of jurisdictions was appropriate for several reasons. First, relatively few jurisdictions are developing leading earthquake mitigation programs, and those are the most informative models to draw upon. Second, data about jurisdictional programs is very limited. Much of the information that does exist is anecdotal, and it was not within the scope of this review to collect comprehensive new data or to cover a large number of jurisdiction programs statewide or in other countries. Finally, this review emphasizes classification of Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 29 similarities and distinctions among a range of leading jurisdiction earthquake structural mitigation efforts. Policies related to wider earthquake hazard science and awareness, emergency management, and longer term recovery programs that have local relevance are briefly mentioned, but are also beyond the scope of this report. Following this introduction, Section 2 describes and compares a range of existing local policies and programs. The information is organized by key features (for instance, the types of buildings regulated, the kinds of requirements imposed on them, and the types of incentives offered). Section 3 presents summary conclusions for Palo Alto. Figures throughout and two appendices provide further detail on a range of program elements. Formal recommendations for Palo Alto will evolve after completion of other project tasks, and through the process of Advisory Group and City staff discussions. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 30 2. ANALYSIS OF POLICY FEATURES AND OUTCOMES OF LOCAL SEISMIC RISK MITIGATION PROGRAMS This section analyzes the state of local earthquake policymaking in California by presenting major types, similarities, and differences in program features. The word “features” indicates here a wide array of program nuances, including but going well beyond the characteristics of the buildings being targeted and the basic policy mechanism used, namely voluntary or mandatory retrofit requirements. Woven throughout are examples of jurisdictional programs that exemplify certain of these features and distinctions, along with discussion of program outcomes and effectiveness. Analyzing programs this way highlights options and key factors that Palo Alto should consider and tradeoffs it may need to confront in developing its own seismic mitigation strategy going forward. Much innovation in local earthquake risk reduction policy is happening in California from which Palo Alto can learn. This is particularly true in the case of soft-story wood frame residential buildings,23 for which mandatory retrofit ordinances are now in place in Fremont, San Francisco, Berkeley, and Los Angeles. However, what makes one program different from or more successful than others cannot be understood simply by identifying the types of structures addressed. Also important are the specific set of requirements that owners must comply with, the timeframes in which requirements must be carried out, and the types and sizes of the incentives offered. Comprehensive, summary information to inform this review are rare. In-depth California Seismic Safety Commission URM reports cover every city and county for URM law compliance up to 2006. But beyond URM programs, data to support this assessment was limited and largely anecdotal because comprehensive research on seismic mitigation programs is rare. An 23 “Soft-story” refers to a condition where one of the stories in a multi-story building, usually a parking level that doesn’t require partitions for functionality, is weaker and/or too flexible compared to the story above it. Another acronym sometimes used is “Soft-, Weak-, or Open-Front” buildings, or SWOFs. During strong ground shaking, concentration of damage in the soft or weak story can significantly increase the chance of collapse or damage sufficient to render the building unusable after the event. Many communities are concerned with soft-story wood frame buildings. Most of this type of construction can be found in apartment buildings built in the 1960s and 1970s with first floor garage openings and some mixed-use properties with ground floor commercial space. In that era, the safety risks of soft-stories were not yet fully understood. Vast numbers of these buildings exist in California communities that grew substantially prior to the 1980s and 90s when building code changes were introduced. Findings related to evaluating and improving soft-story wood frame performance can be found in FEMA P-807, available at: https://www.fema.gov/media-library/assets/documents/32681 (Accessed February 3, 2016). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 31 Association of Bay Area Governments (ABAG) survey that collected program information from one third of California jurisdictions in the 1990s documented a wide variety of program implementation, effectiveness, and incentive approaches; however, its information is now significantly out of date. Policies of certain leading jurisdictions have been studied in depth at various windows in time, such as Palo Alto ) (Herman et al, 1990), Berkeley (Rabinovici, 2012; Chakos, 2002), Oakland (Olson, 1999), and Los Angeles (Comerio, 1992). These studies reveal how unique and complicated local earthquake mitigation programs can be, not just in format but also implementation. Outcomes cannot be understood without considering the local building stock and economic context, concurrent policy developments, political support, local government resources and administrative capacity, how policy features are combined, community engagement strategies used, and emphasis put on enforcement. At the outset, Palo Alto’s unique current program and historic role in the evolution of earthquake mitigation program design should be recognized. Its 1986 law was among the first to require owners of suspected hazardous properties to have a qualified engineer evaluate their buildings. In addition, Palo Alto’s Seismic Hazards Identification Program (Chapter 16.42) addressed three categories of buildings: URM buildings (Category 1), structures built before 1935 with over 100 occupants (Category 2); and structures built before August 1976 with over 300 occupants (Category 3). This demonstrates how occupancy level and year built can also be used in combination with other factors as the basis for inclusion in a program. The mandatory evaluation reports for these structures were due in 1990. The September 2014 status of affected properties is shown in Table 1. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 32 Table 1: Status as of September 2014 of properties included under Palo Alto’s current earthquake risk reduction ordinance. Category I – Category II – Category III – All Categories URM over 1900 sq.ft. and over six occupants Built before 1935 and over 100 occupants Built before 8/1/76 and over 300 occupants Retrofit 22 13 5 40 Demolished 14 2 5 21 Demolition Proposed 0 0 4 4 Exempt 1 0 0 1 No Change 10 4 9 23 Totals 47 19 23 89 Source: 12/9/14 City of Palo Alto Policy and Services Committee staff report. Palo Alto’s decision to focus on these three categories grew out of a broader earthquake risk assessment effort going on at that time. City leaders initiated a comprehensive search of paper records and a street walk-style inventory of a wide variety of seismically-vulnerable building types in 1984. They then engaged the community in a deliberative process to assess risk and determine priorities among building types and policy approaches (Herman, Russell, et al. 1990; CSSC 2006). The following section describes alternative ways different jurisdictions have chosen which buildings to target. Scope: Targeted Structural Systems, Year Built, and Other Characteristics The primary feature that varies among jurisdictional programs is the types and characteristics of the structures that are addressed. As discussed in the Task 2 report, California’s earthquake policy history started in the 1930s with laws that increased design requirements for buildings related to one particular use—public schools, and banned new construction of one particular structural system or type—buildings with unreinforced masonry (URM) load bearing walls. Much later in the 1970s and 80s, both state and local new laws were passed targeting URMs built before 1933, certain locations (e.g., hazard zoning with prohibitions or heightened evaluation and design scrutiny for new construction or rehabilitation in those zones), a wider Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 33 set of uses (e.g., hospitals and essential services buildings) and additional structural types (e.g., older concrete buildings and manufactured homes). The choices jurisdictions make about which buildings to target are closely tied to the legal basis underlying earthquake mitigation policymaking. Laws that impose added burdens or responsibilities on certain properties or people must clearly specify which buildings are applicable and justify why for those particular buildings have been selected. A compelling, documentable, and actionable public purpose must exist to invoke a jurisdiction’s police powers and responsibility for public wellbeing. The central rationale for regulating seismically vulnerable structures is safety; a strong case for government intervention exists where there is an unacceptably high likelihood of collapse or damage that could lead to human entrapment, injury, or death. Technical research, evidence, and evolving standards of practice in structural engineering must exist for this to be considered reasonable. Once a new practice becomes embedded in a model building code, construction to former code standards is no longer allowed. Jurisdictions review permits and inspect construction work in progress, but lax compliance cannot entirely be ruled out. For any particular structural system, year built (or age) is the most commonly used risk indicator because it reflects the building code version that was in effect when a structure was first constructed. What was once considered an acceptable construction practice may become obsolete or even be considered negligent years later. Code updates are usually made on a three-year cycle to keep up with changes in construction practices, technologic advancements, and improved understanding how buildings perform under loads, but adoption by jurisdictions can be uneven and lag behind many years. Jurisdictions must also address which code year built they will use as inclusion criteria for their earthquake mitigation programs. Benchmarking to newer standards may be justified if it reaches more buildings that could experience significant damage in an earthquake, but a larger percent of building owners and tenants will be affected. Code changes are also proposed based on lessons learned from practical experience over time, in this case from earthquake performance outcomes in jurisdictions all around the world. Unreinforced Masonry Buildings URM buildings have been a concern for collapse and falling debris hazard ever since the 1933 Long Beach earthquake, after which new construction of URM structures in California was outlawed. The most significant contemporary law addressing a specific Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 34 building type is the 1986 state legislation (Senate Bill 547). This state mandate, also summarized in the Task 2 report, required jurisdictions to identify and adopt programs for addressing existing URM buildings. Several jurisdictions (most prominently Long Beach, Los Angeles, Santa Cruz, Palo Alto, and San Francisco) had existing URM building ordinances and programs in place prior to the state mandate. Counties and municipalities were allowed to craft their own approach, resulting in a wide range of strategies. In general, three main types of local programs were utilized: 1) mandatory retrofit, 2) voluntary retrofit, and 3) notice to owners that the structure is a URM building. When retrofits were encouraged or required, the local government set the standards to be met. More than half (52%) of affected jurisdictions adopted a mandatory program, which has proven by far to be the most effective type. Eighty-seven percent of identified properties have been retrofitted or demolished in jurisdictions with mandatory programs, compared to thirteen to 25 percent in jurisdictions with other program types. Reviews of the URM Law by the CSSC have shown it to be a success over the long term. In 2006 (the last comprehensive state survey available), Compliance with the policy is nearly universal at 93%, and over 70% of identified URM buildings have been either retrofitted or demolished (CSSC, 2006). A comprehensive review of URM program formats throughout the Western United States is available from FEMA and the California Seismic Safety Commission (FEMA, 2009; CSSC, 2006). Older Concrete Buildings Older concrete structures (built pre-1970s and in some cases pre-1990s) exemplify the importance and difficulties of using code year as an indicator of seismic risk. Public awareness of older concrete risks may be lower than for soft-story wood frame buildings, but they are common in large numbers in the Western US and throughout California. The Concrete Coalition,24 a network of engineers, research organizations, and policymakers, estimates that there are as many as 17,000 non-ductile concrete buildings in California (Concrete Coalition, 2011). The societal importance of older concrete structures can be significant, as they often have higher occupancies and are widely used for residential tall buildings, commercial, or even critical service facilities. 24 Information about the Coalition can be found at the organization’s website: http://www.concretecoalition.org/, Accessed March 18, 2016. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 35 Poorly performing concrete structures can have devastating effects for occupants, owners, and communities, as numerous major quakes in California and abroad have demonstrated. The 1971 Sylmar earthquake brought down several concrete structures, killing 52, and the 1994 Northridge earthquake wrecked even more, including a Bullock's department store and Kaiser medical office. In the 2011 quake in Christchurch, New Zealand, two concrete office towers collapsed killing 133 people. Many of the 6,000 people killed in the 1995 earthquake in Kobe, Japan, were in concrete buildings. A scenario report for the San Francisco Bay Area estimates that older concrete buildings in a repeat 1906-level event would contribute a large portion of the predicted deaths and injuries (ABAG, 1999). Also at risk are investors, the survival of occupying businesses, and livelihoods. Neighborhoods can be at risk too if a district has a high concentration of older concrete buildings, as they may be blighted or loose functionality or economic viability after an event. Older concrete buildings of concern have a variety of features and are not always easy to characterize. One issue is nonductile (essentially too brittle, insufficiently reinforced) concrete, prior to enforcement of ductile concrete codes in the 1970s. Another is tilt-up structures, where a concrete is poured on the ground, cured, and then lifted (or “tilted”) up and connected to roof and floor framing where the ties between the roof and wall and floors and walls are often inadequate. Vulnerable concrete structures can be difficult to spot and often complex to retrofit (ATC, 2012). These are factors in why only a small number of California jurisdictions have adopted policies for older concrete (Table 2). The City of Los Angeles (Building Code Divisions 91 and 96) recently required evaluation and upgrade if needed for nonductile concrete structures and since Northridge has required triggered upgrading on pre-1976 tilt-ups. City of Santa Monica (Municipal Code 8.80) requires evaluation and upgrade if needed for nonductile concrete structures, along with other structural types. In 2014 Santa Monica hired the engineering firm Degenkolb to inventory buildings that might be subject to its requirements—a first step in reviving efforts that had been stalled for more than 20 years.25 Two jurisdictions, Long Beach (Chapter 18.71) and Burbank, have taken the approach of providing voluntary guidance. Burbank’s program addresses older reinforced concrete and concrete frame buildings with masonry infill. 25 http://www.latimes.com/local/lanow/la-me-ln-santa-monica-will-hire-quake-engineers-to-id-all-vulnerable- buildings-20140527-story.html (Accessed March 20, 2016). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 36 Table 2: Summary table of local programs for addressing older concrete building vulnerabilities. Jurisdiction Number of Older Concrete Buildings Program Type Targeted Building Characteristics Deadline for Screening Deadline for Evaluation Deadline for Completion Los Angeles Unknown (Concrete Coalition inventory* = 1500) Mandatory evaluation leading to mandatory retrofit Pre-1976 tilt- ups and nonductile concrete 3 years 10 years 25 years Santa Monica Unknown (Concrete Coalition estimate* = 173) Mandatory evaluation leading to mandatory retrofit Pre-1978 nonductile concrete. n/a 275 days Deadlines vary from 1 to 4 years after evaluation report submission, depending on priority tiers. ** Long Beach Unknown (Concrete Coalition estimate* = 396) Voluntary guidance Nonductile concrete n/a Burbank Unknown (Concrete Coalition estimate* = 132) Voluntary guidance Commercial pre-1977 reinforced concrete and concrete frame buildings with masonry infill n/a * Source: (Concrete Coalition, 2011). ** Santa Monica’s Building Type definitions are: Type I: building that are vital in the event of an emergency; Type II: >100 occupants; Type Ill: 20 - 100 occupants; Type IV: < 20 occupants. Soft-Story Wood Frame Buildings Wood frame soft-story buildings are a good example of a vulnerable building type that gained widespread attention after performing poorly in specific earthquake events. In October 1989, the hazard and widespread presence of this building type were made Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 37 evident by the dramatic and costly collapses and fires in the San Francisco Marina District in the Loma Prieta earthquake. Then again, in the Northridge event in 1994, widespread damage and several high profile collapses occurred. The Northridge- Meadows apartment complex collapse that led to sixteen deaths in particular captured media, public, and expert attention. Following these events, soft-story residential buildings started to be viewed as not just a threat to the owner’s pocketbook but to the surrounding community; tenant safety and local recovery could also be at stake. Given their prevalence, losing hundreds of soft- story apartment buildings could have large impacts on community. For example, soft- story buildings constituted about half (7,700) of the 16,000 housing units rendered uninhabitable in the Bay Area by the 1989 Loma Prieta Earthquake and over 34,000 of the housing units rendered uninhabitable by the Northridge Earthquake in 1994 (ABAG, 2003). Table 3 describes a wide range of local efforts to address soft-story wood frame buildings, highlighting key program features and distinctions (many of which are discussed in later sections regarding prioritization, timing, and policy mechanisms). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 38 Table 3: Summary of local soft-story wood frame policy efforts showing key distinguishing program features. (Sources: Rabinovici, 2012; ABAG, 2016). Jurisdiction Year Number of Soft- story Buildings Program Type Targeted Building Characteristics Priorities or Tiers Deadline for Evaluation Deadline for Permit Deadline for Completion Los Angeles 2015 unknown Mandatory Evaluation leading to Mandatory Retrofit Pre-1978 wood- frame structures with soft, weak or open front first floor conditions with two or more stories and five or more units. Only enforcement is prioritized by tiers. Priority I - Buildings containing 16 or more dwelling units. 1 year 2 years 7 years Priority II - Buildings with three stories or more, containing fewer than 16 dwelling units. Priority III - Buildings not falling within the definition of Priority I or II. Oakland 2015 1,380 Mandatory Screening (passed 2009) leading to Mandatory Retrofit Pre-1985 multi- family wood frame structures with five or more units n/a Attachment F Table 3 (continued). Seismic Risk Assessment Study December 21, 2016 Final Report Page 39 Jurisdiction Year Number of Soft- story Buildings Program Type Targeted Building Characteristics Priorities or Tiers Deadline for Evaluation Deadline for Permit Deadline for Completion Berkeley 2014 310 (at time of 2005 ordinance) Mandatory evaluation law (2005) leading to mandatory retrofit (2014) Multi-family wood frame structures with five or more units n/a 2 years (under previous soft-story evaluation ordinance) 2 years 4 years San Francisco 2013 2,800 Mandatory evaluation leading to mandatory retrofit Wood frame construction with five or more residential units and two or more stories with permit for construction submitted prior to January 1, 1978 and five or more units Tier I - Any building containing educational, assembly, or residential care facility uses (Building Code Occupancy E, A, R2.1, R3.1, or R4) 1.5 years 2.5 years 4.5 years Tier II - Any building containing 15 or more dwelling units 2.5 years 3.5 years 5.5 years Tier III - Any building not falling within another tier 3.5 years 4.5 years 6.5 years Tier IV - Any building containing ground floor commercial uses (Building Code Occupancy B or M), or any building in a mapped liquefaction zone 4.5 years 5.5 years 7.5 years Attachment F Table 3 (continued). Seismic Risk Assessment Study December 21, 2016 Final Report Page 40 Jurisdiction Year Number of Soft- story Buildings Program Type Targeted Building Characteristics Priorities or Tiers Deadline for Evaluation Deadline for Permit Deadline for Completion Alameda 2011 70 Mandatory evaluation Five or more units n/a 2 years Fremont 2005 22 Mandatory retrofit Apartment house with more than ten units or more than two stories Group 1 - Apartment house with more than ten units or more than two stories n/a 2 years 4 years Group II - Apartment house with ten or less units and fewer than three stories high n/a 2.5 years 5 years Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 41 Public Purpose, Occupancy, Location, and Other Considerations Another stated goal of seismic mitigation laws is to promote continuity of vital services related to the community’s social and economic viability. In addition to direct safety concerns, this further justifies targeting special uses and buildings that affect larger numbers of people such as schools, critical public buildings, and hospitals. Beyond critical community functions, however, it is less obvious where to draw the line between public and private risks and benefits. How many people need to live or work in a building before a suspected earthquake vulnerability becomes something an owner or tenant should not be allowed to make decisions about on their own? The answer involves some sense of proportionality. In other words, local governments tend to seek a reasonable balance between the number of building owners that will need to comply and the burden of compliance, with the public benefits that will be achieved (which we can assume to be protection of health and preservation of community functionality). That is a key reason why buildings with higher occupancy or higher residential unit total are sometimes targeted. Such buildings not only have more human beings that work or live in them, but the fate of the buildings also has a larger impact on local housing availability, parking, and other community impacts. For instance, most existing soft-story wood frame programs are targeted at multifamily buildings with five or more residential units (see Table 3). Larger structures are also presumably worth more, so the owner is more likely to have sufficient equity in the property or cash flow to make capital upgrades. A structure’s number of stories may also relate to the degree of risk or perceptions of public importance. Problematically, more stories may not always translate into higher risk; for example, two-story soft-story buildings may not necessarily be less dangerous compared to three story ones, depending on the materials used and the positioning of occupied units (Bonowitz and Rabinovici, 2012). A good example of a program that uses location or zoning as part of its targeting is Palo Alto’s Municipal Code Chapter 18.18.070 Floor Area Bonuses incentive. The incentive is only available for buildings in Commercial Downtown (CD) District, which has sub-zones based on CD-C Commercial, CD-S Service, and CD-N Neighborhood designations. Zoning benefits are different for each of these designations, the square footage, and also if the building in question is historic property. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 42 Ownership structure is another potential scoping issue, for instance, whether condominiums should be included.26 The City of Berkeley did not include condominiums in its soft-story wood frame building ordinance, but the jurisdictions of San Francisco and Fremont did. Condominiums often face additional barriers in both voluntary and mandatory retrofit policy settings, because homeowner association policies and practices can make it difficult to agree on what should be done and to obtain financing. Anecdotally, in Palo Alto and elsewhere, properties where a majority of owners want to retrofit have not been able to accomplish that work because of hold-out members that do not want to proceed or pay an additional assessment in order for the association to be able to afford it. The overall influence on retrofit behavior of either including or excluding condominiums is not known. A final point that should be noted about program scope is that some properties that would otherwise be subject to a law can be classified as exempt for certain reasons. For instance, most jurisdictional ordinances offer exemptions for buildings that have had significant recent renovations or retrofit upgrades that addressed the hazardous condition. Some jurisdictions explicitly include protocols for hardship provisions such as extended timelines that might be made available for individual or institutional owners that can demonstrate an unusual degree of difficulty raising sufficient funds to comply. Timelines, Pacing, and Prioritization For several reasons, jurisdictions find it useful to both prioritize and pace their earthquake program efforts. Time is a powerful ally and policy variable. Once a jurisdiction commits to the idea of a new program, timeframes can be used to make implementation manageable and soften the economic impacts of the program on city staff and budgets, on owners, and on the local economy. Retrofitting is also a process that cannot be sped up beyond a certain point. Design, arrangement of financing, and completion of retrofit work can be an arduous process, naturally taking from months to years. Lengthier time windows allow owners to plan for how to comply in the way that works best for them. Longer time frames can also work to the advantage of jurisdictions, which rarely have sufficient administrative capacity, political will, and community tolerance to take on multiple seismic risk issues simultaneously over a short 26 Keep in mind that condominium status can change. The City of Berkeley decided not to include condominium properties on its Suspected High Hazard Building list. However, owners in some apartment buildings in the process of being converted to condominium status when needing complying with the law experienced difficulty getting loans (Rabinovici, 2012). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 43 period of time. Following are several examples of how different jurisdictions have used timing as part of their program structure. Trigger-Enforced Timing Some jurisdictions have opted to require earthquake retrofit to be done only when the property is sold and/or an owner submits plans for renovation, additions, or rehabilitation that meets certain criteria, for instance 50% of the assessed value. This is similar to triggers for energy upgrading, sewer lateral replacement for single family homes, modifications for Americans with Disabilities Act compliance, or sprinkler and other fire code changes. A jurisdiction taking this approach does not need to inventory vulnerable structures in advance and may be able to do project reviews at current staffing levels. However, there are several downsides. Owners may resent encountering these potentially substantial “surprise” costs when initiating a project, and might strategically manipulate project valuation to avoid needing to comply, resulting in lower fees for the city. For those owners that are aware of the provisions, potentially important non-seismic renovation work that would have been done otherwise might be postponed as a result of increased project cost and complexity. Most importantly, critical safety and resilience retrofit work might go decades without being done. Proactively-Enforced Timing with Phasing and/or Prioritization Proactive enforcement means that a jurisdiction identifies, notifies, and actively seeks to help owners participate or comply in a program. It is common when these programs include mandates to use a variety of time frames for buildings with different characteristics. For instance, Los Angeles’s 2015 ordinance requires compliance for soft- stories within seven years and older concrete within 25 years. Another common strategy is to classify buildings of a single targeted structural type into tiers or priority levels among a particular type of building, for instance based on age, number of stories, unit totals, or occupancy. Compliance can then be mandated sooner in order from most to least serious in terms of estimated risk and social importance. Time frames for soft-story programs, for instance, commonly relax deadlines by about one year per tier (See Deadlines by programs in Table 3). Both of these phasing approaches allows jurisdictions to set a feasible administrative pace and put an early focus on buildings with vulnerabilities and characteristics that most affect the public. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 44 An overall pacing strategy can also be used to phase implementation of a larger set of resilience policies and programs that go beyond different building types to address other aspects of community earthquake vulnerability. For instance, San Francisco mandated soft-story wood frame building retrofitting, then mandated its 120 private schools to do seismic evaluations of their buildings regardless of structure type,27 and then embarked on efforts to assess and create programs for poorly anchored façades and unreinforced masonry chimneys. All three approaches – 1) phasing and compliance time frames that differ for structures, 2) in different priority tiers, 3) within a multifaceted comprehensive plan – were used in recommendations from San Francisco’s decade-long Community Action Plan for Seismic Safety (CAPSS) project (ATC, 2010). Figure 2 shows an earlier version of how San Francisco thought about address different building types and uses more or less quickly and with gradually increasing requirements. Later, these concepts were embedded into the jurisdiction’s policies as part of San Francisco’s 30-year Earthquake Safety Implementation Plan (SF ESIP, 2011). That plan represents a commitment by the city to phase in additional efforts over this extended period, and deliberately addressed a wide range of vulnerable structure types, uses, or occupancy combinations considered important to community resilience (e.g., private schools, façades). Additional advantages of long time frames are to allow more time for detailed studies or research if needed, for political or community consensus to develop, and give owners ample notice of bigger changes to come. 27 Ordinance text available at: http://sfgov.org/esip/sites/default/files/FileCenter/Documents/12716- Ordinance%20No%20202-14%20Private%20Schools%20EQ%20Evaluation.pdf (Accessed February 3, 2016). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 45 Figure 2: Excerpt of Table 5 from the summary San Francisco CAPSS Project report (ATC, 2010) showing recommended timelines for prioritizing and phasing different kinds of efforts to address a variety of building types and uses. Note: Categories represented in rows are not mutually exclusive. For instance, some private school facilities may be located in a house of worship or historic structures. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 46 Policy Mechanisms and Requirements In addition to creating a set of targeting and eligibility criteria, jurisdictions can use a variety of methods to motivate appropriate seismic upgrades to be done. Requiring owners to do retrofit work is only one approach. Other tools range from simple notification, disclosure measures,28 offering incentives, voluntary retrofit initiatives, and mandated screenings or evaluations, each of which is described below in more detail. Another major distinction is whether a jurisdiction implements requirements only when triggered during rehabilitation projects that meet certain criteria, or proactively, such as doing an inventory to identify affected properties and imposed deadlines. Figure 3 provides definitions of a spectrum of policy mechanisms that have been used. This view corrects the false impression that jurisdictional programs have to be either “voluntary” or “mandatory.” In reality, most jurisdictions create a policy package that combines several approaches. Furthermore, that package can evolve over time as more and more buildings are upgraded, new information or technical recommendations become available, or with changes in the political or economic climate. Inventory Identifying the number and locations of buildings of concern is an essential first step to finding out which buildings are the most vulnerable and how significant those issues may be for the community. Many jurisdictions launch their earthquake program development process with a special-purpose, one-time discovery effort meant to compile data about potentially seismic at-risk properties and to gauge the scope of the issues faced by the community. This can be difficult and time consuming, and jurisdictions often rely on outside consultants or professional organizations and academic volunteers for assistance. Existing property databases generally contain less than complete information to be able to draw conclusions, and some relevant information may only exist in paper form. Street-walks, side walk surveys, or visits to a selected sample of properties are common. It is important to distinguish early investigation and risk analysis efforts that might involve only a subset of properties from the development of an exhaustive list of properties meeting certain criteria that could be officially noticed or subjected to a 28 Disclosure policies are designed to increase the transparency and openness surrounding an issue of social importance. Examples include mandatory disclosure to tenants, freedom of information requirements, public signage, searchable online listing, or official notice placed on a title or deed. These are described in Table . Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 47 particular ordinance. The City of Berkeley is one jurisdiction that used a list created by staff and consultants as the basis for determining which properties should be included on that city’s suspected hazardous properties list. Other cities have instead chosen to put buildings on an initial suspected hazard list based on zoning, number of units, or other generally available criteria. Palo Alto’s current investigation into updating its seismic risk management program involves review of digital records, paper records, and side walk surveys. The side walk survey portion includes approximately half of the buildings of interest. A similar detailed field effort would be needed on the remaining portion of buildings to develop a comprehensive inventory list. No inventory list will be perfect, so no matter which approach is used, some kind of appeal, confirmation, or screening processes are needed before granting any exemptions or enforcing requirements. Depending on the building type, issues of improper inclusion or exclusion from a list may be more or less likely. For example, rapid visual determination is easier for wood frame soft-story conditions, but it would be hard for even an experienced engineer to identify a steel moment frame, braced frame building, or a concrete frame building when the structural elements are hidden from view by architectural finishes. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 48 Figure 3: Diagram showing a spectrum of mitigation policy approaches ranging from least to most stringent. Inventory Only Notify Only Voluntary Retrofit Disclosure Approaches Mandatory Screening Mandatory Evaluation Mandatory Retrofit Staff, consultants, and/or a volunteer organization has created an inventory of one or more suspected hazard building types, but the list is not officially released to the public or acted upon. An inventory exists and a policy has been established to notify owners if their property is on a suspected hazard building list. Owners of properties on a publically available list are formally encouraged to retrofit, possibly by offering of technical assistance, financial help, or policy incentives. Properties on a publically available list are subject to one or more methods of forced information sharing, such as tenant notification, public signage, or recorded notice on the property title. Owners of properties on a publically available list are required to submit a form within a fixed time window that is filled out by a licensed building professional. Typically, the goal is to determine whether the property has certain characteristics that might associate with risk.* Owners of properties on a publically available list are required submit within a fixed time window a formal evaluation completed by a licensed engineer. Typically, a determination is then made about whether the property has certain risk features.* Owners of properties on a publically available list are required to complete a retrofit by a certain date. This step may be implemented following a screening or evaluation phase.* * Note: Implementation and enforcement might be either: 1) triggered by sale or a significant work threshold or 2) via a proactive compliance timeline. Increasingly Stringent Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 49 Notification Once an inventory is created, a jurisdiction either by default or deliberately chooses whether or not to make that list public or take further actions. Some jurisdictions have created a list then not acted on it for a decade or more. For example, in the case of soft- story wood frame buildings, Santa Clara County’s list has remained dormant since 2003, and nine years passed between the creation of a list and when the City of Berkeley passed its soft-story ordinance. The most basic step is to notify owners that their property is on some kind of suspected earthquake hazard list. This is currently the URM policy of a small number of California jurisdictions, and the soft-story wood frame policy in the jurisdictions of San Leandro, Sebastapol, and Richmond. Available data about notification only programs shows them to have little impact; for instance, seven percent of URM properties in jurisdictions with this type of program are retrofit as of 2006 (CSSC, Status of the Unreinforced Masonry Building Law, 2006). Little evidence exists about potential liability and market value impacts from becoming a “listed” earthquake vulnerable building. However, concern exists that mere creation of a list could have negative impacts if it becomes public (see more about Disclosure Approaches below). A Freedom of Information Act (FOIA) filing (for instance, by a journalist or citizen) could be used to compel a jurisdiction to reveal a list that has remained dormant. This happened in the case of Los Angeles with the Concrete Coalition’s inventory of suspected concrete structures.29 Experts in the earthquake field believe that media coverage of the list contributed to eventual passage of that city’s mandatory evaluation ordinance in 2015, which included concrete structures. In sum, notification programs may have several downsides for owners while offering little in terms of on the ground risk reduction for the community. Voluntary Retrofit Following an inventory and notification process, or even after a mandatory screening or evaluation phase (see below), jurisdictions can choose to let owners decide whether or not to retrofit their building. Simply urging building owners that own a potentially earthquake vulnerable building may be enough to lead some to voluntarily retrofit. 29 Key Los Angeles Times articles can be found at: http://graphics.latimes.com/me-earthquake-concrete/ and http://www.latimes.com/local/lanow/la-me-ln-concrete-buildings-list-20140125-story.html (Accessed April 11, 2016). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 50 Retrofit rates for jurisdictions with voluntary URM retrofit programs averaged 16% in 2006 (CSSC, Status of the Unreinforced Masonry Building Law, 2006), and likely much lower than that for soft-stories (though no systematic data currently exist). Jurisdictions that take a voluntary route often do so because they have a small number (presumably less socially-significant set) of vulnerable buildings. Another factor can be a sense that public support is lacking among decision makers, residents, or other stakeholders for mandatory requirements, perhaps because of local economic conditions that would make it difficult for owners to afford or get financing. The anticipated cost of the retrofit work can also come into play, as it can be more palatable to require owners to make investments that are a smaller share of the building’s overall value. Despite perceptions of politically feasibility and some measurable voluntary retrofit response, programs without mandates are almost always much less effective at actually reducing earthquake risk in the community in a significant way. Several factors appear to contribute to the handful of voluntary programs that have worked well. First and foremost, voluntary programs vary in the level of resources devoted, sustained effort, and set of complementary measures taken by the jurisdiction. The more dedicated a jurisdiction is to having a successful voluntary program, the more likely it is to have one. One tactic is to provide case by case assistance to owners in taking steps over time, a tactic sometimes used by jurisdictions with a small number of affected buildings. Another is to offer significant financial or policy incentives (examples of which are discussed below). On the public awareness front, providing educational materials that explain the risks to an owner and to the broader community and the benefits of protecting their financial investment may help. Another thing that can make voluntary programs more successful is to threaten to institute a mandatory program in the future. Historically, many jurisdictions did adopt a voluntary URM program first, and then shifted to mandates later on. In the past five years, this has also happened with soft-story wood frame policies in the case of Oakland, San Francisco, and Berkeley. An explicit multi-phased approach was particularly effective in Berkeley, where one fourth of building owners affected by a mandatory evaluation requirement invested in a voluntary retrofit within the first two years. Owner interviews showed this was partly because they wanted to get a head start on later mandates that appeared inevitable (Rabinovici, 2012). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 51 Disclosure Approaches Notification and many voluntary programs are based on the idea that information and communication by themselves can influence the opinions and actions of owners, renters, and buyers. Officially publicizing a city’s concerns about deficiencies of a specific building type could, for instance, change public opinion about the resale or rental value of listed properties, an owner’s eligibility for refinancing or future loan terms, or the cost of purchasing earthquake insurance. Jurisdictions have used a variety of techniques to motivate attention to seismic risk concerns. As discussed in the Task 2 report, mandatory disclosure at time of sale is a key part of state laws for pre-1960 homes in earthquake fault zones (CSSC, 2005). The most prominent policy is the state requirement for signage on all URM buildings. Similar signage has been required since 2007 on soft-story wood frame buildings in the City of Berkeley (Figure 4), and non-complying soft-story wood frame buildings in San Francisco Figure 5. In Oakland, Berkeley, and San Francisco tenants must be notified in writing, and official notices are recorded on the deed for all listed soft-story wood frame buildings. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 52 Figure 4: Photo of the warning sign mandated to be posted on buildings on the City of Berkeley’s Suspected Earthquake Hazard Building List (Photo: S. Rabinovici, 2011). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 53 Figure 5: Required placard for soft-story wood frame buildings that failed to comply on time with the mandatory screening phase of San Francisco's mandatory retrofit program. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 54 In the case of soft-story wood frame buildings, leading jurisdictions have also put a public, sometimes searchable list of affected properties on a jurisdiction’s website, based on the idea that renters should be entitled to easily accessible information before they sign a lease. Such lists include the street address and potentially also the compliance status of the property. Owner names or contact information are not given, although anyone could search for that information through public permit and property records. Table 4 describes each of these tools in more detail and gives examples of use as well as advantages and disadvantages. What all these measures have in common is that they make seismic risk issues more transparent and visible to affected members of the public. Disclosure is different than and goes beyond general public awareness. These measures are also meant to inform people about specific seismically vulnerable buildings, with the idea that it might change offering prices, mortgage availability and terms, rental or purchase decisions, or even whether someone wants to enter or stay very long in a building. In theory, as owners, tenants, bankers, and potential buyers become more informed, they can better incorporate seismic risk in their mitigation decisionmaking and assessment of property values. Evidence suggests that notification, notices, and public lists can and do influence beliefs and behavior. For example, some soft-story wood frame condominium owners in Berkeley reported difficulty refinancing (Rabinovici, 2012). Even perception of market awareness can change opinions, even if there is little to no documented impact. In Berkeley, some owners said the worried at first about reduced demand or market price for units in their buildings and this motivated them to retrofit; however, these same owners years later did not report experiencing any problems with tenant recruitment or lost rental income (Rabinovici, 2012). Earthquake warning signage was a prominent part of the state’s URM program requirements; however, there is little evidence to show that such warnings are effective. A study of California Proposition 61 carcinogen and reproductive health warnings suggests that signs are not very powerful and become less influential on behavior over time as people become used to them. Some building users may even be personally annoyed by warning signs, because it reminds them of a risk that they can personally do little about. Some owners of soft-story wood frame buildings in Berkeley Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 55 reported having tenants that actively complained about or repeatedly ripped the required warning signs off the walls (Rabinovici, 2012). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 56 Table 4: Description of disclosure approaches used in local earthquake risk reduction programs. Name Description Examples of Use Advantages Costs, Issues or Concerns Mandatory Disclosure at Time of Sale Sellers of property are required to disclose features that could relate to earthquake performance. California Earthquake Fault Zone disclosure; Sellers of pre-1960 homes are required to fill out to the best of their knowledge and provide buyers with Residential Earthquake Hazards Report. Empowers buyers to be aware of any known existing hazard issues. Anecdotally, many buyers do not pay enough attention to these disclosures, which occur during emotional, busy decisionmaking periods. They may not seek expert information to interpret the reported information. It is also possible that sellers shirk on the disclosure requirements if buyers do not know that they are supposed to receive them. Difficult to enforce. Recorded Notice on Deed Jurisdictions can record on the property title or deed the fact that the building is subject to additional requirements related to its earthquake vulnerable status. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Relatively low cost for jurisdictions to implement. Empowers buyers but also mortgage companies to be aware of any known existing hazard issues. Anecdotally, it is not clear how many buyers or mortgage companies pay attention to these notices. Such notices are primarily effective only at time of sale or refinance. Attachment F Table 4 (continued) Seismic Risk Assessment Study December 21, 2016 Final Report Page 57 Name Description Examples of Use Advantages Costs, Issues or Concerns Public Listing of Affected Properties Jurisdictions that operate web sites to describe their programs can feature a full list of property addresses, potentially also including also the compliance status of the property. In general, owner names are not listed, though that information is available if a member of the public searched for it separately. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Relatively low cost for jurisdictions to implement. Could be used by tenants and buyers when searching for properties, thus empowering well- informed market negotiations over pricing. Website information needs to be updated on a regular basis in order to be perceived as fair and useful. Public lists work better if the property addresses are searchable, rather than static (e.g., on a pdf). External Signage Jurisdictions that operate web sites to describe their programs can feature a full list of property addresses, potentially also including the compliance status of the property. Some lists are searchable, while others are static. California state requires a sign on all URM buildings. Similar signage has been required since 2007 on soft-story wood frame buildings in the City of Berkeley. Advocates argue that signs are justified based on the public's right to know. The physical presence and repeated viewing of signage may make the issue more salient for visitors, employees, lease holders, and owners alike. Owners may view the signs as stigmatizing or threatening to property value or business revenues, but anecdotally, it is not clear how much visitors, employees, residents, and other users of a building pay attention to signage when entering or leaving a property. Attachment F Table 4 (continued) Seismic Risk Assessment Study December 21, 2016 Final Report Page 58 Name Description Examples of Use Advantages Costs, Issues or Concerns Tenant Notification Owners are required to present straightforward, standardized information about the listed status of the property. Some jurisdictions require proof of notification (e.g., tenant signature) to be returned and kept on file with the city. For soft-story wood frame: Oakland, Berkeley, and San Francisco. Tenant notification may be more influential than signage because it is personalized and the information is delivered at a useful time in that person's decision process. Advocates claim that tenant notification is justified based on the public's right to know. To be effective, tenant notification should be required to occur well before the potential tenant is ready to sign the lease. Earthquake Performance Rating Systems Owners can be either encouraged or required to have their building rated on a standardized scale that classifies expected building performance in an earthquake in an easier to understand format, for instance from one to five stars. Viable rating systems exist for many building types. The City of Los Angeles in 2015 officially launched a voluntary effort to encourage owners to rate their properties using the US Resiliency Council system and pledged to rate its own public buildings as well. Rating system use is common for institutions like universities and hospitals. Mechanisms for implementing performance ratings for commercial use have recently matured and are now viable. Ratings have the potential to inform owner, renter and buyer decisions, creating a market effect. Obtaining a rating potentially adds cost to a design project. Ratings systems such as USRC’s are relatively new and not yet widely implemented. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 59 An advantage of disclosure measures is they tend to be relatively inexpensive for jurisdictions to administer. Up to date website posting of the list of affected properties and their compliance status encourages people to visit the site as needed over time, people see signs every time they enter or exit, and properties may exchange hands many times. Eventually, a tipping point in community awareness and opinion about a class of properties can occur, as it did in the case of Berkeley for soft-story wood frame buildings. The use of positive disclosure remains an untapped potential influence on market value of retrofitted properties as well as owners’ retrofit decisions. This review did not identify any city programs that have taken the positive approach of recognizing or rewarding owners or announcing buildings that have been retrofit. One recent development is the existence of viable earthquake rating systems. In November 2015, the non-profit US Resiliency Council30 launched a non-profit credentialing and verification service through which owners can obtain externally checked, state-of-the-art assessment of the expected safety levels, repair costs, and time to regain function for their property. USRC ratings have the potential to play the same kind of role that the US Green Building Council did in promoting sustainable design, both for new construction and for retrofits. USRC’s system has already been adopted one California jurisdiction’s policy. Los Angeles Mayor Eric Garcetti cited USRC ratings in that city’s Resilience by Design report (City of Los Angeles, 2015), asking building owners to voluntarily use it, pledging to educate the public about seismic performance rating systems and how the information can be used, and announcing the intention to use it or some similar system to rate all city-owned buildings. Mandatory Screening Screening programs help jurisdictions collect more information about targeted potentially vulnerable buildings in a community, usually as a first step to later more stringent requirements for the subset that are found to have features indicating significant deficiencies. With relatively low cost and difficulty for owners, the jurisdiction can both make the issue visible and filter out properties that do not meet the eligibility or targeting criteria, thereby reducing the burdensome handling of errors and omission at a later stage. They also help jurisdictions determine the overall scope of the problem—how many buildings exist that have certain risk characteristics and how significant of a threat they pose in aggregate. This can help build the case for further legislation. 30 The organization’s website is: www.usrc.org (Accessed April 13, 2016). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 60 For soft-story wood frame buildings, Oakland was a pioneer of the mandatory screening approach. An inventory of multifamily apartment buildings was created in 2008 with the help of volunteers and non-engineers under a contract with ABAG. This survey identified 24,273 residential units in 1,479 buildings with five or more units, between two and seven stories, built prior to 1991, that had wide open spaces for parking or commercial uses on the ground floor (ABAG, 2014). Spot testing suggested the list might have error rates that could potentially undermine future program effectiveness, and might be politically unacceptable (personal communication, Jeannie Perkins, 2008). Therefore, in 2009 the City passed ordinance Number 12966 which declared these buildings “potential soft-story buildings” and mandated submittal of a Level 1 Screening–Non-Engineered Analysis. The screening had to be performed by a registered design professional, licensed contractor or certified inspector, to provide some assurance of accuracy regarding features that might related to risk. Anecdotally, the cost to owners for this was generally around $200 to $500. This can be summarized as a rule-in screening approach. Persons involved with analyzing Oakland’s program (personal communication, Danielle Hutchings-Mieler, 2011) concluded that many owners were confused, compliance was lower than hoped, and exemptions may have been given without adequate quality control of the reported data. This later contributed to the decision to incorporate mandatory evaluation phase when the city of Oakland was ready to move towards a mandatory retrofit program. In other words, a less than satisfactory implementation of a screening phase can slow down progress towards and increase the effort required in future retrofit programming. In its approach to soft-story wood frame buildings, San Francisco opted for a screening phase to weed out obviously non-affected properties, for instance those misidentified as having the correct number of units, stories, or first floor uses (primarily focusing on ruling out inappropriately included properties). Similar to Oakland, the screening had to be performed by a registered design professional, such as a licensed contractor, engineer, or architect. Compliance in filing screening forms by the initial deadline was 98%, a success which was helped by a suite of outreach activities including four waves of post card reminders, a retrofit fair, a weekly updated website, an advisory group process, and multiple public meetings. The compliance postcards used took advantage of real-time information sharing to “nudge” owners to respond, such as mentioning how many other owners had already taken action by that point (see Figure 6). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 61 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 62 Figure 6: Front and back of a compliance reminder postcard sent to affected owners in the City of San Francisco’s soft-story wood frame program. Mandatory Evaluation In the 1980s, Palo Alto was an early innovator with the technique of requiring owners of certain buildings in a community to file a formal engineering evaluation (Herman et. al., 1990). Because a licensed engineer (or structural engineer) must perform this work, such evaluations are approximately an order of magnitude more expensive than screenings. Evaluation costs for soft-story wood frame buildings in Berkeley, for example, were approximately $2,000 to $5,000 (Rabinovici, 2012). However, evaluation costs may vary substantially for other building types that are more difficult to assess, in other jurisdictions, and/or where evaluation requirements are more extensive or complex. Evaluation programs are costlier for jurisdictions to administrate than screening programs for a variety of reasons, but provide several advantages. Jurisdictions typically give owners more time to comply longer, owners need more guidance on how to comply, and there is increased need for processing time and more qualified reviewer labor. In Berkeley, report review was contracted out to plan checkers for a flat fee of $583 per evaluation report, and this did not cover jurisdiction staff time. On the benefits side, evaluations offer greater hope of achieving tangible risk reduction. As noted, a remarkable one in four soft-story wood frame building owners voluntarily retrofit in the wake of mandatory evaluation policy implementation in Berkeley, which meant over 2,000 of its residents now live in buildings that likely would not have been retrofitted otherwise. Interviews with soft-story wood frame owners in Berkeley also showed that many considered mandatory evaluation more fair than a voluntary retrofit program because it “leveled the playing field” (Rabinovici, 2012). Rather than having retrofit practices in their community determined ad hoc, all owners of similar properties were now being treated alike. However, the benefits of mandatory evaluation are undeniably uncertain and dependent on whether community circumstances are conducive to create a significant voluntary retrofit effect (Figure 7). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 63 Figure 7: Graph showing a seven-fold increase in permit applications in the four years immediately following passage of Berkeley’s 2005 mandatory evaluation law for soft-story wood frame buildings. Mandatory Retrofit Through California’s URM law, hospital, and school programs as well as soft-story wood frame buildings at the local scale, there is clear precedent for imposing earthquake retrofit work to be done for certain buildings. This is the most effective type of program for ensuring that on the ground risk reduction will be done. As discussed in the Task 2 report, on average over four times as many URM building cases have been retrofit in California in mandatory programs (70%) compared to voluntary ones (16%). However, because mandatory programs require all buildings to be addressed, owners with the most marginal properties cannot avoid taking action, in some cases leading to higher demolition rates (Comerio, 1992). In the case of URM buildings, mandatory retrofit programs did have higher demolition rates than voluntary programs, 17% compared to 8% respectively (CSSC, Status of the Unreinforced Masonry Building Law, 2006). Depending on the program timeline, it may take years to decades for tangible risk reduction to be realized. Retrofit projects naturally occur in steps, and can only be carried out as quickly as Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 64 financing, contracting, any tenant relocation, or construction logistics allow. Thus, compliance periods for mandatory retrofit programs need to be longer than for mandatory screening or evaluation programs. For URM buildings, many jurisdictions tended to set deadlines of ten years or more, followed by generous extensions. For soft-story wood frame programs, jurisdictions have given owners one to three years for first steps such as appeals, hiring an engineer, complete an acceptable engineering report, or submit a permit application and retrofit plan. Following that, owners are typically given another one to three years to complete construction (see Table 3), in part to secure financing, time to work around planned vacancies, and for adequate design. Longer timelines or exemptions can be offered for complex buildings that may require costlier or innovative engineering solutions (for instance, historic properties). Again, this is where phasing or tiers can be helpful. Another difficult aspect of retrofit programs (even voluntary ones) is that jurisdictions need to set specific expectations for what constitutes an acceptable retrofit. Jurisdictions have handled this in a variety of ways. Retrofit ordinances typically directly reference one or more particular standards (or equivalent criteria). The table of soft-story wood frame programs (Table 3) shows that five or more standards have been referenced recently and several jurisdictions reference more than one, which can increase compliance ambiguity and the level of reviewer skill required but also an engineer’s discretion to use the one most appropriate for their client’s situation. Also at issue is how much and how far a building’s vulnerabilities should be retrofit. For instance, in the case of soft-story wood frame buildings, a retrofit can be designed to address only the first story weaknesses, rather than all seismic vulnerabilities that are identified. Jurisdictions such as San Francisco and Berkeley have chosen this route, in part because it lessened political resistance to creating a mandate and addressed the most severe deficiencies. Other deficiencies above the first story may remain and may lead to damage in an earthquake. In the case of mandatory evaluation or retrofit programs, owners and their engineers will also need guidance about how to prepare an acceptable evaluation, and how to submit a concurrent retrofit permit application. Owners in Berkeley realized a major financial advantage to paying their engineer to do both an evaluation for the jurisdiction and a full set of retrofit plans at the same time (Rabinovici, 2012), so having clear retrofit standards in place already was a major boon to those owners. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 65 The potentially negative effects on public safety and on owners of choosing a longer compliance timeline should be noted. Earthquakes can occur at any time, so a program that offers longer compliance windows in effect allows people in the community to spend more time using and owning buildings that the jurisdiction has deemed unacceptable in the long run. Also, real liability consequences may exist for owners that delay in doing mandated retrofit work, even before an accepted compliance window has elapsed. A California Appellate court awarded $2 million to family members of two women who died in a URM collapse in the 2003 San Simeon earthquake.31 In doing so, the court rejected the defendant’s claim that they had no duty to retrofit the building until 2018, the deadline established by the San Louis Obispo mandatory retrofit ordinance. Incentives To complement any of the above program formats, jurisdictions can offer either financing- or policy- oriented incentives. Many ways exist to encourage and ease the path for owners to complete either voluntary or required retrofit work, or even to help them submit timely screening forms or engineering reports. Financial incentives and tools provide monetary assistance, either directly to an owner or via the jurisdiction. Financial incentives include measures such as tax credits, tax rebates, grants, or fee waivers that make a retrofit less expensive to complete. Financial tools (e.g., special low-interest financing programs) provide a mechanism for an owner to obtain the necessary funding, potentially at lower cost or paid back in ways other than for a traditional loan. Policy incentives are meant to encourage private funding of mitigation, and include for example expedited review, exemptions, development bonuses, or technical assistance. These measures offer owners indirect but potentially valuable benefits as they take each mitigation steps. Figure 8 provides a summary list of potential incentive types, while Appendix C gives details about example uses, advantages, and disadvantages of each. A group of agencies completed an inventory of jurisdiction incentive strategies using a survey of California local governments in the mid-90s (ABAG, Seismic Retrofit Incentive Programs: A Handbook for Local Governments, 1996). Though outdated and only 35% of contacted jurisdictions participated, the report summarizes the types of URM and other earthquake programs that different jurisdictions adopted and the kinds of assistance that owners could receive. The researchers also did interviews to collect detailed information about fifteen illustrative cases at the time, including Palo Alto. 31See press coverage: http://calcoastnews.com/2010/06/court-finds-paso-robles-business-owners-liable-for-earthquake- deaths/ Accessed April 13, 2016. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 66 FINANCIAL TOOLS AND INCENTIVES (mechanisms that make financing more accessible or directly reduce project costs) POLICY INCENTIVES (mechanisms that deliver indirect benefits to owners) CO S T A N D I M P L E M E N T A T I O N D I F F I C U L T Y Hi g h e r L o w e r Waivers or Reductions of Building Department Fees Exemption from Future Retrofit Requirements Pass Through of Retrofit Costs to Tenants (for jurisdictions with rent control) Expedited Permits, Inspections, and Reviews Property-Assessed Financing Loans (PACE) Exemptions or Relief from Standards or Non-Conforming Conditions Subsidized or Special Term Loans Condominium Conversion Assistance Real Estate Transfer Tax Rebates Technical Assistance for Retrofit Projects Special District or Historic Designation Tax Reductions Zoning Incentives (e.g., relief from use restrictions) Tax Credits Transfer of Development Rights (TDR) Grants Density or Intensity Bonuses (e.g., Floor Area Bonus) General Obligation or Special Purpose Bonds Figure 8: Types of financial incentives and tools as well as policy incentives that have been used in local earthquake risk reduction programs in California, in approximate order top to bottom from lowest to highest cost and difficulty of implementation. Several points stand out in the ABAG report regarding incentive use and effectiveness. First, most jurisdictions offer a number of different incentives, rather than just one approach. This makes sense Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 67 because building and owner circumstances vary widely; what may help one owner might be irrelevant or inappropriate for another and vice versa. Second, jurisdictions have taken widely different approaches with incentives, from offering almost nothing to offering substantial loans and grants. Jurisdictions tend to come up with incentive offerings closely tailored to their own goals and circumstances, based on economic conditions, building stock vulnerabilities, political will, and other factors. As a result, there is no single best incentive package to offer. Another key point is that creation and operation of incentive programs is intense and must be locally customized. Extensive community education and involvement are required to assess needs, design and advertise the incentive offerings, and to help owners take advantage of them. Guiding community members through the mitigation process is time consuming and difficult, usually requiring at least one full time staff member who also has to coordinate with staff across several departments. That means the personalities, technical skills, and political savvy of the internal team will be critical, and likely variable over time, due to natural staff and political turnover issues. The effectiveness of different incentive approaches, individually or in packages, has not been systematically studied. Both ABAG and the San Francisco CAPSS project have produced high level lists of potential incentive tools (ABAG, 2014; Samant & Tobin, 2008) but do not specify which tools are being used where and to what effect. Many listed approaches are rarely or no longer being used. All the variety makes it difficult to draw overall conclusions as to which incentives have worked “best” where and why. 3. IMPLICATIONS AND POTENTIAL POLICY DIRECTIONS FOR PALO ALTO Palo Alto is a medium sized, compact city with a diverse population and vibrant local economy. Nested in the heart of Silicon Valley, the cost of living and development pressures are high, and space for growth is limited. A high degree of interconnectedness with surrounding communities and a dynamic natural environment is also evident. As a community, Palo Alto cannot ignore its proximity to several major faults and the fact that it has many different vulnerable building types. The estimated losses in a major event are significant. Fortunately, Palo Alto has a legacy of proactive policy leadership in addressing earthquake risks, and a relatively high degree of citizen and local government capacity. The potential benefits from retrofitting are large. City leaders, by investing this year in risk assessment and a policy development dialog, have demonstrated their capability and will to act. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 68 This review found no simple best local earthquake mitigation policy model for Palo Alto to follow. Each of the jurisdictions mentioned in this report has crafted, often over a decade or more, a unique package of measures suited to their own local economic, social, political, and risk realities. Palo Alto must do the same. In developing its own strategy, Palo Alto can learn from this variety among local mitigation programs. It can build on the successful framework of its own existing program while also combining and tailoring new elements that are working for other jurisdictions. Choosing Goals and Desired Outcomes One way to measure success is in relation to program goals and resource realities. From that standpoint, each of the programs mentioned in this report is successful to some degree. Some jurisdictions set out to do what they could with limited resources, progressing only the first steps of developing an earthquake mitigation program. The City of Richmond, for example, developed an inventory, hosted a community meeting, and notified owners as part of creating a very low cost voluntary approach to soft-story wood frame buildings. The good news is that by doing so, it achieved meaningful progress relative to jurisdictions that have done nothing. Public leaders and the broader community are more aware, city reputation and visibility have been enhanced, and city staff are now better connected to a network of local earthquake professionals that can help facilitate future action if and when that becomes possible. The bad news is that Richmond has been stymied so far by the departure of key staff, limited jurisdictional resources, and the limited resources of its soft-story wood frame building owners and tenants; a more aggressive retrofit program is not realistic until an outside source of funding is found. At the other extreme, a few leading jurisdictions set out to comprehensively assess earthquake vulnerabilities and risk reduction opportunities community-wide through a lengthy, relatively expensive, and collaboratively-informed processes. San Francisco and more recently Los Angeles are the most prominent users of this approach, producing in-depth reports and resilience plans intended to guide city efforts for decades. Importantly, these plans encompass many city activities and roles, types of buildings and building uses, different phases of the disaster cycle, and explicitly seek to connect earthquake mitigation efforts to a host of other community resilience concerns, from sea level rise to water supply reliability to telecommunications operations (Several leading local program models and planning resources for these types of efforts are introduced in Appendix D). In between are jurisdictions where program goals are either narrower in scope with more vigorous requirements (such as the City of Fremont’s mandatory retrofit program for soft-stories) or wider Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 69 scope with less vigorous requirements (such as the City of Santa Monica, which mandates retrofits for soft-story wood frame buildings and nonductile older concrete structures but only when triggered by a substantial renovation). The City of Berkeley took a phased, relatively aggressive approach to soft-stories, but has yet to put in place a program to address the 50 or so tilt-up concrete structures it has identified. Oakland is also somewhat unique in being a larger city that has mandated soft-story retrofits without initially taking a comprehensive approach. However, both Berkeley and Oakland benefited first from substantial volunteer professional involvement and later from sizeable, multi-year Rockefeller Foundation 100 Resilient Cities grants. Through the early help of both volunteers and consultants, Berkeley and Oakland laid the groundwork for mandatory programs that likely helped to attract the additional philanthropic attention and assistance. Berkeley has now produced, and Oakland is on its way to producing, a comprehensive resilience assessment and plan similar to what was done by San Francisco and Los Angeles. In this light, Palo Alto is currently in the “middle” group in terms of its scope and requirements for seismic safety compared to other leading jurisdictions. Palo Alto set new policy precedents in the 1980s with its community engagement, mandatory evaluation, and voluntary retrofit programs for three different categories of structures. However, this only addressed a small subset of its overall vulnerable building stock. By investing in data collection and community discussions this year, Palo Alto is now poised to move forward into a new position of seismic policy leadership. It is critical to first clarify community values and goals before designing a program to try to achieve them. All stakeholders should be invited to participate in discussions of what matters most to the City and the people who live, work, and invest in it. Common broad goals include increased public safety, reduced private property damage, and reduced downtime and displacement of businesses, consumers, and residents. However, addressing of different building types may advance these goals to different degrees and with different levels of certainty and speed. For instance, addressing soft-story wood frame housing may have little direct benefit for local businesses but would reduce renter displacement. Retrofit of older concrete structures might address concerns about provision of basic services after an event, but would have little or no benefit for housing. If the goal is to achieve the greatest reduction in losses, Palo Alto should address building types known to be potentially hazardous that occur in large numbers. Once community discussions lead to a sense of priorities and preferences, trade-offs and alternatives for pursuing each goal can be understood and considered. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 70 Wherever Palo Alto chooses to focus, it should strategically combine policy features to promote risk reduction. As this report revealed, regardless of scope, the most effective programs use a package of measures to tip the balance away from the status quo by publicizing and increasing the consequences of not retrofitting while also publicizing, easing the costs, and increasing the benefits of retrofitting. Potential Policy Directions Coming out of this local program review is a list of alternative approaches for Palo Alto to consider: Option 1: Status Quo In this option, the existing ordinance with its mandatory evaluation, voluntary retrofit approach remains in place without changes. This covers 89 buildings and has three categories: Category I— unreinforced masonry (except for under 1,900 sf with 6 residents), Category II—built before 1/1/1935 with 100 or more occupants, and Category III—built before 8/1/1976 with 300 or more occupants. As of 12/9/14, City records indicated that sixty-six of the buildings had been either retrofit, demolished, planned to be demolished, or found exempt, while 23 remained unaddressed. Evaluation was mandatory, and owner funded but retrofit is voluntary. The list is publically available by request, but not advertised. Floor area ratio bonuses are (were) available. Option 2: Increase Scope, but Retrofit Remains Voluntary Additional categories of structures would be added to the mandatory evaluation requirements. Palo Alto can consider programs for soft-story wood frame buildings, older concrete buildings, older tilt-up buildings, and older steel moment frame buildings. Precedents exist for programs addressing each of these structural types that pose well-identified, publicly important risks. Completion of an evaluation report could be separated into different timelines, for instance three to ten years, depending on degree of hazard. Palo Alto could also use location, occupancy type, and/or number of occupants as criteria in defining the scope or compliance timelines. Option 3: Similar to Option 2, but Additional Disclosure Measures are Incorporated This option would be similar to Option 2, but the list of buildings and status could be prominently posted on City website, tenants could be notified, signage could be required, and/or a recorded notice could be added to the property title. These options enhance transparency with the public and reward owners that retrofit by increasing the perceived benefits of retrofitting among potential tenants and buyers. Relatively inexpensive measures like these have been shown to be effective in increasing public awareness and motivating greater consideration of earthquake risk in private decisionmaking, including voluntary retrofits. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 71 Option 4: Increase Scope, Some Categories are Voluntary and a Few Categories are Mandatory, with Enforcement by Trigger Threshold This option builds on Option 3, but retrofitting would be required for some building types at whenever future time a building is sold or undergoes substantial renovation above a set threshold. Option 5: Increase Scope, Some Categories are Voluntary and a Few Categories are Mandatory, with Enforcement by a Fixed Timeline This option would be similar to Option 4, but retrofitting is required according to a fixed timeline. Timelines and enforcement emphasis could vary depending on tiers or priority groupings to motivate prompt action for the most vulnerable or socially important structures. In some cases, longer time frames are adopted for some building types such as older concrete, to ease the burden on owners and allow for technical advancement in retrofit techniques. Option 6: Similar to Option 5, but More Categories are Mandatory This alternative is similar to Option 5, but retrofitting would be required for additional categories. Palo Alto can also make its programs more stringent over time. Explicit phasing has been successful in jurisdictions like Berkeley and San Francisco for generating political consensus and enhancing administrative feasibility. This array of options can be also be shown in diagram format (Figure 9), which shows how a number of jurisdictions in this report have positioned themselves in terms of the relative strength of their requirements and the number and scope of the building types addressed. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 72 Figure 9: Diagram showing alternative policy directions for Palo Alto in the context of other jurisdictional earthquake mitigation programs. When considering options, Palo Also leaders and community members should keep in mind the following additional findings from this review:  Mandating retrofit is the surest way to achieve risk reduction.  Jurisdictions are increasingly using disclosure measures to motivate retrofits in both voluntary and mandatory programs, and such approaches have been shown to be powerful and relatively low cost to implement.  Many mandatory programs use intermediate mandatory screening and/or evaluation phases to better gauge the risk and filter out properties that need not comply before implementing retrofit requirements.  Fixed timelines allow a jurisdiction to prioritize and control the pace of risk reduction, provide a predictable planning horizon for owners. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 73 Incentive Options and Considerations By offering a strategic set of incentives and devoting a steady, adequate program budget, Palo Alto can create a program that eases the financial and logistical burdens on owners and provides adequate technical assistance to support retrofit project completion. Small incentives are meaningful and helpful to owners, while larger incentives may be critical for a subset of owners that face particularly complex or costly projects. Palo Alto has several traits that could make policy incentives (non-monetary assistance) particularly effective. One is a relatively manageable number of affected buildings for some building types. This means city staff might be able to provide high quality assistance to owners in complying and taking advantage of any special programs. Palo Alto is a highly desirable locale with a highly educated, real estate savvy population, and robust real estate market. Palo Alto has experience using policy incentives in the past, so staff and many owners are familiar with them. Despite limited data on their use or effectiveness, incentives can be politically important and provide a variety of benefits. Below are some specific ways incentives could play a role in Palo Alto’s future program and some steps that Palo Alto can take to create a package of incentives effectively tailored to its own goals and circumstances.  It is good to offer small incentives to all owners because it fosters positive interest in the program and builds community good will. Modest incentives, on the order of a few hundred dollars, help acknowledge the public value that is being created by the efforts undertaken by owners. For example, offering fee waivers is a gesture that owners will appreciate, if not expect. Expedited permitting is likely to be viewed similarly, because time equates with money. Policy incentives tend to be in the direct control of the City to implement, and are often cost-effective and very helpful for owners in smoothing the path and easing the hassle of doing retrofit work.  Incentives are especially important to the outcomes of voluntary programs. Incentives play slightly different roles in mandatory compared to voluntary programs. In the case of mandated upgrades, incentives essentially ease the burden of doing what has to be done or to make it happen more quickly. In the case of, voluntary programs, the goal of incentives is to motivate retrofit work to occur that might not have otherwise. In this way, incentive offerings are more critical to the degree of risk reduction achieved in the case of voluntary programs, and to political viability, perceptions of program fairness, and speed of risk reduction achieved in the case of mandatory programs. Bottom line, in the case of URMs, a small number of voluntary programs with substantial incentives have achieved similar Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 74 success compared to mandatory programs. With soft-story wood frame buildings, voluntary programs in the absence of incentives alone have not been enough to motivate retrofit work to be done. An exception is for owners in financial hardship, where incentives are most meaningful in mandatory programs.  Design the incentive strategy to match the circumstances of the locally targeted building stock. FAR bonuses are likely irrelevant for soft-story wood frame buildings which are seldom renovated to include more units or changes of use, but relaxing of parking requirements or special provisions for condominiums may help. Mixed-used and historic buildings may require deeper financial assistance when they face high costs associated with retrofitting due to complex design issues, ADA compliance, and imposed restrictions on changes in use.  Take time to assess actual need for incentives and the types that will make the most difference to affected Palo Alto owners. Larger policy incentives like FAR bonuses can be very effective, especially in higher income, higher growth communities like Palo Alto. In contrast, larger financial incentives can be difficult to orchestrate and have not always been as necessary or useful as hoped. Surprisingly, jurisdictions have sometimes found they have to “sell” incentives programs to owners. Certain strategies tend to be very challenging and costly to get the incentive to work compared to the amount of good they seem to do. Such may be the case with PACE financing,32 as seen through the experiences of San Francisco and Berkeley for soft-story wood frame buildings. When private market capital is affordable, loan programs may not be needed or utilized. Use of larger, more complex incentive instruments in general increases the amount of hand holding that is needed and the amount of time until retrofits are completed.  Consider offering larger incentives to only those owners or properties that qualify or meet certain social importance or hardship criteria. Interviews in Berkeley (Rabinovici 2012) showed that soft-story wood frame building owners were open to the possibility of need- based financial help. They did not want financing programs to reward ignorance or risky business practices, but as long as the criteria are clear and the process is fair and transparent, many expressed support for programs that would help fellow owners that are truly burdened or in need. There was also support for using social or resilience importance as part of the criteria for special financing eligibility. 32 Information about San Francisco’s PACE program can be found at: http://www.sfgov.org/esip/seismic-retrofit-financing Accessed April 11, 2016. Information about Berkeley’s PACE programs can be found at: http://www.ci.berkeley.ca.us/PACE/ (Accessed May 2, 2016.) Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 75  Integrate incentives as seamlessly as possible into the overall compliance process. Incentives work best when they are delivered in a timely way, right when people are already making important property or financial decisions. One notable example is the City of Berkeley’s transfer tax rebate for single family home seismic improvements, which is available retroactively two years before through two years after time of sale. Another is Palo Alto’s floor area ratio (FAR) bonus for retrofit of designated vulnerable structures, which allowed owners the chance to plan in additional space at the same time a retrofit is being designed.  Beyond money, it will be important to offer technical assistance, and this can be very helpful and even critical for some owners and engineers. Retrofitting is not a simple process, and ironically it can become even harder for an owner if it happens as part of a jurisdictional program that requires or is intended to encourage it. Obtaining financing, especially through special programs, may also require intense staff effort.  Beware of the timing and costs of seeking public support for new bond financing. In Berkeley, attempts were made to make a pool of funds available to owners through a transfer tax increase measure on the November 2002 ballot, but it failed to get the required two thirds vote. Participants in retrospect considered the campaign poorly run, but the state of the local economy probably played more of a role than any decrease in support for mandatory retrofit in concept.  Consider creation of formal cost-sharing arrangements between tenants and owners. Part of the financial equation surrounding any upgrade work is the owner’s ability to capitalize on the value added to the structure. In the case of rent control, the rate for pass through of capital improvements is a matter of law. Jurisdictions like Oakland, Berkeley, and San Francisco have negotiated cost-sharing arrangements ranging from 50 to 100% that allow owners to increase rents up to a certain percent of the retrofit cost, over a specified time period (usually 10 years). Even though Palo Alto does not have a rent control ordinance, it could establish a permitted amortization schedule into any new retrofit law, which could lessen the impact for tenants of any resulting rent increases. Disclosure Measure Options With relatively modest expense for a jurisdiction, disclosure measures can inform the populace and leverage social and market awareness to amplify program effectiveness. In effect, signage, tenant notification, internet lists, and other disclosure tactics make more transparent both useful risk information and the policies a city is using to address risk. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 76 Public perception of disclosure policies has been on balance positive but not without critique. On the one hand, revealing property addresses that are subject to an ordinance can be thought of as making more accessible information that is already public. It spares all parties of going through the time and hassle of formal information requests. It is also consistent with a philosophy of the public’s right to know, and may be legally protective for both owners and jurisdictions against accusations that important risk information is being held back. On the other hand, the media has at times portrayed signage as a shaming device, though this may depend on a sign or placard’s particular graphic design and wording. Soft-story wood frame owners in Berkeley described the overall suite of disclosure measures imposed there as a “scarlet letter.” San Francisco included disclosure practices as part of its first “nudging” phase in their program plan. In essence, before and in complement to implementing mandates, San Francisco’s plan called for trying to increase understanding in the real estate market empower tenants, buyers, and even owners (who could now more credibly and prominently claim credit for early compliance, retrofitting ahead of schedule, or voluntarily taking extra steps). Evidence about the effectiveness of disclosure, either together with other policy requirements or separately, is quite limited. In at least one case, voluntary retrofit programs combined with disclosure measures have achieved significant risk reduction. Berkeley’s mandatory soft-story evaluation program had several prominent disclosure features and resulted in a 25% voluntary retrofit rate in the first four years (Rabinovici, 2012). Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 77 4. REFERENCES AND RESOURCES ABAG. (1996). Seismic Retrofit Incentive Programs: A Handbook for Local Governments. ABAG. (1999). Preventing the Nightmare. Oakland, CA. ABAG. (2014). Soft-Story Housing Improvement Plan for the Cit of Oakland. Oakland. Retrieved from http://resilience.abag.ca.gov/wp-content/documents/OaklandSoftStoryReport_102914.pdf ATC. (2010). Here Today—Here Tomorrow: The Road to Earthquake Resilience in San Francisco. Community Action Plan for Seismic Safety, Redwood City. Retrieved from http://sfgov.org/esip/sites/default/files/FileCenter/Documents/9757-atc522.pdf ATC. (2012). ATC 78-1: Evaluation of the Methodology to Select and Prioritize Collapse Indicators in Older Concrete Buildings. Redwood City, CA. Bonowitz, D. (2012). Soft-Story Risk Reduction: Lessons from the Berkeley Data. EERI, Oakland, CA. Bonowitz, D., & Rabinovici, S. (2012). Soft-Story Risk Reduction: Lessons from the Berkeley Data. EERI, Oakland, CA. Chakos, A. P. (2002). Making It Work in Berkeley: Investing in Community Sustainability. Natural Hazards Review, 3(2), 55-67. City of Los Angeles. (2015). Resilience by Design. Los Angeles. Comerio, M. (1992). Impacts of the Los Angeles Retrofit Ordinance on Residential Buildings. Earthquake Spectra, 8(1), 9-94. Concrete Coalition. (2011). The Concrete Coalition and the California Inventory Project: An Estimate of the Number of Pre-1980 Concrete Buildings in the State. CSSC. (2005). Homeowner’s Guide to Earthquake Safety . Sacramento, CA. CSSC. (2006). Status of the Unreinforced Masonry Building Law. California Seismic Safety Commission, Sacramento. FEMA. (2009). Unreinforced Masonry Buildings and Earthquakes: Developing Successful Risk Reduction Programs. Herman, F., Russell, J., Scott, S., & Sharpe, R. (1990). Earthquake Hazard Identification and Voluntary Mitigation: Palo Alto's City Ordinance. California Seismic Safety Commission 90-05, Sacramento, CA. NIST. (2015). Community Resilience Planning Guide Volume 1. National Institute of Building Sciences. Retrieved from http://www.nist.gov/el/resilience/upload/NIST-SP-1190v1.pdf Olson, R. S. (1999). Some Buildings Just Can't Dance: Politics, Life Safety, and Disaster. Stamford, CN : Jai Press Inc. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 78 Rabinovici, S. (2012). Motivating Private Behavior with Public Programs: Insights from a Local Earthquake Mitigation Ordinance. Berkeley, CA: University of California Berkeley. Samant, L., & Tobin, T. (2008). Memo to the Advisory Committee on Incentives to Encourage Seismic Retrofits: Options for San Francisco”. San Francisco, CA. 5 Sept. 2008. San Francisco, CA: Community Action Plan for Seismic Safety. SF ESIP. (2011). Community Action Plan for Seismic Safety, San Francisco Earthquake Implementation Plan (ESIP) Workplan 2012-2042. San Francisco, CA. SPUR. (2008). The Resilient City: Defining What San Francisco Needs from Its Urban Resilience Strategy. San Francisco, CA. SPUR. (2011). Safe Enough to Stay: What will it take for San Franciscans to live safely in their homes after an earthquake? San Francisco, CA. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 79 CHAPTER IV. BUILDING INVENTORY FOR LOSS ESTIMATE One of the first steps in the study was to develop a digital inventory of buildings in Palo Alto that includes all the information necessary to build the exposure model for the loss estimate. Information sources used to develop the inventory included county tax assessor files, City GIS files, a survey done by the Palo Alto Fire Department and San Jose State University of soft-story wood frame buildings, field notes from the building department files of selected buildings when the 1986 ordinance was being developed, Google Earth and Street View visual reviews, and an extensive sidewalk survey. The Santa Clara County tax assessor’s files, which included 21,187 parcels of real estate in the City of Palo Alto, were used as a starting point to develop the building inventory. The 15,198 parcels designated as single family or two-family residences were first removed, as these were excluded from the study, leaving 5,989 parcels of interest. A parcel is not always equivalent to a building. On one hand, there are some sites where there is one owner and one tax parcel, but there are multiple buildings. Sometimes, it is easy to distinguish the separate buildings from an application like Google Earth or Street View as there is sufficient separation between the structures; in other cases, a field survey is needed when the seismic separation is small (or not present). On the other hand, condominiums can be a single structure, but have multiple owners and thus multiple separate taxpayers and parcel numbers. For the 3,630 residential parcels with three or more units, we found 1,324 distinct buildings. Of the remaining 5,989 – 3,630 = 2,359 tax parcels, we found that 961 tax parcels were identified as “possessory interest.” They are used at the city-owned Palo Alto airport for administration of property taxes for concessionaires and for other purposes at other locations in the city, and they do not represent buildings. When they were removed, there were 1,398 non-residential buildings. They were combined with the 1,324 residential buildings for a total of 2,722 buildings. The assessor’s data typically included parcel number (APN), year built, occupancy type, square footage, and number of stories. These data were supplemented with ArcGIS shape files of building and parcel outline from City GIS files, providing the geospatial location of each parcel (by latitude/longitude). In addition to this information, the exposure model requires basic data on structural system needed to classify each building into a Hazus Model Building Type. For some buildings, this information was Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 80 available from earlier inventory efforts, including a select set of inventory forms used in developing the current seismic mitigation program, and a survey by SJSU and the City’s Fire Department of soft-story wood frame buildings. However, for many buildings no structural system could be assigned based on available records. The field survey was used to assign the seismic force-resisting system (using the basic FEMA Model Building Type classification system), and to confirm and supplement information acquired from the digital files for number of stories, occupancy (using the Hazus occupancy categories), building area, and year built. In addition, buildings were surveyed for vertical and plan irregularities. After the sidewalk surveys and additional quality assurance refinements, we identified a total of 2,632 buildings in the study group for Palo Alto. This included 66 buildings subject to Palo Alto’s current seismic mitigation ordinance, because 23 of the original 89 buildings subject to the ordinance have been demolished. Not all buildings were field surveyed and not all key attributes needed for loss estimation were available for all buildings. For buildings that were not surveyed and were missing information, the missing attributes were developed using statistical comparisons with buildings that were surveyed on a sector by sector basis. A multi-step procedure was developed to fill in other missing attributes based on the best available comparative information. For example, buildings with missing occupancy and number of stories were assigned occupancies and number of stories with the same distribution of occupancies for surveyed buildings in that sector. For buildings with missing square footage data, the median values in the sector for residential and non-residential buildings were used. In assigning missing seismic force-resisting system information and year built, some rules were applied based on typical building practices. As a result, while the information for buildings that were not surveyed may not be fully accurate at the individual building level, the overall data set is seen as sufficiently representative for the type of loss estimates used in the project and relative comparisons made between different building types that are discussed ahead. In addition to the information discussed above, a replacement cost had to be established for each building. Standard 2014 RS Means Replacement Cost values included in the loss estimation software (Hazus) used were reviewed as a starting point, but not considered representative for Palo Alto. R+C and Vanir Construction Management prepared adjustments to RS Means values to capture 2016 data and local factors. These were reviewed by a task group of the City’s project Advisory Group that included local design professionals and developers familiar with the local cost climate. The group recommended an increase of the values in general, and identified target values for selected common occupancies. Based on these recommendations, R+C updated the values and Vanir reviewed them and revised the non-targeted occupancies for estimating consistency. The resulting replacement costs are shown in Table 5, and were used in the loss calculations. It is noted that resulting costs are 1.7-2.6 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 81 times the RS Means-based Hazus default values (2014 cost data), and that costs are intended to be representative of averages across the town. Table 5: Average $/SF replacement building cost by Hazus occupancy class. Occupancy Class RS Means 2014 Average Palo Alto Cost1 [$/SF] Market Factor for Palo Alto Escalation Factor from 2014 costs to 2016 costs Demo & Minimal Sitework (5’ around building) [$/SF] Soft Cost Premium2 Average 2016 Palo Alto Cost w/ Soft Costs [$/SF] Multiplier (Replaced with Soft Costs / RS Means) Multi Family, duplex $130.75 40% 10% $17.50 20% $263 2.01 Multi Family, triplex/quad $114.94 40% 10% $17.50 20% $233 2.03 Multi Family, 5-9 units $206.41 40% 10% $17.50 20% $402 1.95 Multi Family, 10-19 units $194.12 40% 10% $17.50 20% $380 1.96 Multi Family, 20-49 units $212.26 40% 10% $17.50 20% $413 1.95 Multi Family, 50+ units $199.90 40% 10% $17.50 20% $390 1.95 Temporary Lodging $217.83 40% 10% $17.50 20% $424 1.94 Institutional Dormitory $234.44 50% 14% $25.00 20% $511 2.18 Nursing Homes $238.07 50% 12% $25.00 20% $510 2.14 Retail Trade $121.66 80% 10% $17.50 20% $310 2.55 Wholesale Trade $118.13 60% 10% $17.50 20% $$270 2.29 Personal & Repair Services $143.47 60% 10% $17.50 20% $324 2.26 Professional/Technical/ Business Services $194.52 65% 12% $17.50 20% $452 2.33 Banks $281.88 40% 12% $25.00 20% $560 1.99 Hospitals $372.59 50% 14% $35.00 20% $807 2.16 Medical Office/Clinics $267.85 20% 10% $17.50 20% $445 1.66 Entertainment/Recreation $248.61 25% 12% $25.00 20% $448 1.80 Theaters $186.45 35% 12% $25.00 20% $368 1.98 Parking $84.59 20% 10% $17.50 20% $155 1.83 Heavy $144.71 25% 10% $17.50 20% $260 1.80 Light $118.13 25% 10% $17.50 20% $216 1.83 Food/Drugs/Chemicals $229.48 30% 12% $17.50 20% $422 1.84 Metal/Minerals Processing $229.48 30% 12% $17.50 20% $422 1.84 High Technology $229.48 40% 14% $17.50 20% $461 2.01 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 82 Table 5: Average $/SF replacement building cost by Hazus occupancy class. Occupancy Class RS Means 2014 Average Palo Alto Cost1 [$/SF] Market Factor for Palo Alto Escalation Factor from 2014 costs to 2016 costs Demo & Minimal Sitework (5’ around building) [$/SF] Soft Cost Premium2 Average 2016 Palo Alto Cost w/ Soft Costs [$/SF] Multiplier (Replaced with Soft Costs / RS Means) Construction $118.13 30% 10% $17.50 20% $224 1.89 Church $118.13 50% 12% $25.00 20% $268 2.27 Agriculture $199.08 10% 12% $17.50 20% $315 1.58 General Services $152.63 40% 10% $17.50 35% $341 2.23 Emergency Response $259.52 40% 14% $25.00 35% $593 2.28 Schools/Libraries $193.00 40% 12% $25.00 35% $442 2.29 Colleges/Universities $214.91 60% 12% $25.00 35% $554 2.58 Notes: 1. RS Means average cost includes RS Means default location factors to adjust national average to Palo Alto of 15% for residential and 11% for commercial. 2. Soft costs include architect and engineer design fees, testing and inspection, utility connection fee, permits, and an allowance for owner change order contingency. 3. Costs are intended to be representative of average in Palo Alto across the town, including downtown areas together with other areas in the city. 4. Costs were previously prepared following a 3/7/2016 discussion with the Palo Alto Seismic Risk Program Advisory Group Technical Advisory Committee. Table includes minor updates based on internal review between Rutherford + Chekene and Vanir Construction Management to achieve improved relative ratios between different occupancy types. Table 6 shows how the number and aggregate value of Palo Alto’s buildings is distributed by structural system, using the FEMA Model Building Type classification system for structural system. The table is sorted by aggregate building value. Wood frame buildings make up about 60% of the number of buildings, and represent 35% of the total value. About 20% of the buildings are concrete, and they represent over 40% of the total value. Of the remaining 20%, about two-thirds are masonry buildings, and one-third steel. However, the steel buildings represent about twice the value of the masonry buildings. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 83 Table 6: Distribution of number of buildings, building area, and building value by Model Building Type. Model Building Type Number of Buildings Aggregate Square Feet (1,000) Aggregate Building Value ($M) Concrete shear wall (C2) 318 9,699 4,082 Concrete tilt-up (PC1) 242 8,054 3,368 Wood frame larger residential (W1A) 331 8,403 3,232 Wood frame commercial/industrial (W2) 307 6,209 2,369 Steel braced frame (S2) 50 3,116 1,391 Wood frame smaller residential (W1) 898 3,821 1,278 Steel moment frame (S1) 75 3,005 1,242 Reinforced masonry, wood floor (RM1) 285 2,806 1,209 Reinforced masonry, concrete floor (RM2) 30 574 211 Steel light metal frame (S3) 41 533 177 Precast concrete frame (PC2) 5 334 125 Concrete moment frame (C1) 18 325 117 Steel frame with concrete shear walls (S4) 13 162 72 Unreinforced masonry bearing wall (URM) 9 274 15 Concrete with masonry infill (C3) 8 26 8 Steel frame with masonry infill (S5) 2 6 3 Totals 2,632 47,346 18,899 The study group can be further divided into age groups separated by significant milestones in building code implementation. The following age groups were selected: pre-1927, 1927-1961, 1962-1976, 1977- 1997, and 1998 until now. The milestones reflected include the first earthquake code in Palo Alto in 1926, adoption of the 1961 Uniform Building Code (UBC) and associated higher forces, code changes in the 1976 UBC following the 1971 San Fernando Earthquake, and code changes in the 1998 UBC following the 1994 Northridge Earthquake. Figure 10 shows a histogram of the year built of the buildings in the study group. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 84 Figure 10: Distribution of year built of buildings in study group with significant changes in the building design practice. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 85 CHAPTER V. VULNERABLE BUILDING CATEGORIES One of the important tasks in the risk assessment study was to identify potentially vulnerable building categories specific to Palo Alto using the building inventory that was developed early in the risk assessment study. Potentially vulnerable structural system types were identified based on experience in past earthquake events, knowledge of milestones when improvements in seismic code requirements were made in Palo Alto, rankings in prominent seismic risk assessment tools such as the 2015 edition of FEMA P-154 Rapid Visual Screening of Buildings for Potential Seismic Hazards, results from past seismic risk assessment studies in California communities, and engineering judgment. The building categories were then evaluated in analytical loss estimate studies described ahead which helped to confirm the selected categories as appropriate for Palo Alto. Key building vulnerability metrics include the risk of deaths and injuries, the cost of damage, and the extent of downtime or loss of use. Buildings in the identified vulnerable building categories tend to perform poorly with respect to all three of these metrics though the relative degree of vulnerability to each factor varies. Community resilience is improved if residents have homes that remain usable after an earthquake event, and if businesses can still operate. From a program perspective, the consultant team and Advisory Group believe the greatest reduction in losses and the largest benefit to community resilience will come from seismically retrofitting building types know to be both potentially hazardous and present in significant numbers in Palo Alto. In addition to the three categories already in Palo Alto’s seismic hazard identification ordinance (Categories I, II, and III below), five additional categories of vulnerable building types were identified. All five categories meet the criteria of being potentially hazardous and having a significant presence in Palo Alto. The eight categories and the approximate number of buildings included in each category are as follows:  Category I: Constructed of unreinforced masonry, except for those small than 1,900 square feet with six or few occupants (10 remaining buildings in Palo Alto);  Category II: Constructed prior to January 1, 1935 containing 100 or more occupants (4 remaining buildings); Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 86  Category III: Constructed prior to August 1, 1976 containing 300 or more occupants (9 remaining buildings);  Category IV: Pre-1977 soft-story wood frame (294 buildings);  Category V: Pre-1998 tilt-up concrete (99 buildings);  Category VI: Pre-1977 concrete soft-story (37 buildings);  Category VII: Pre-1998 steel moment frame (35 buildings);  Category VIII: Other pre-1977 concrete construction (170 buildings). The loss estimate discussed ahead in Chapter VIII confirmed that the potential reduction in losses from retrofitting is significant for these categories. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 87 CHAPTER VI. CONCEPTUAL SEISMIC RETROFITTING OF REPRESENTATIVE VULNERABLE BUILDINGS Retrofit was considered for all buildings that have not already been retrofitted and were either constructed before 1961 or between 1962 and the “benchmark” year with a soft story. A “benchmark” year is when the code requirements for that building type became similar to those currently in place. Buildings built after a benchmark year are assumed not to have significant seismic deficiencies and are typically not seismically retrofitted. Consistent with typical practice, the performance of the retrofitted buildings in an earthquake is assumed to be less than that of newly constructed buildings. For estimating the cost of retrofit for the improved buildings, Rutherford + Chekene developed conceptual designs for Model Building Types that represent a significant number and value of Palo Alto’s building stock, as well as a significant loss and loss reduction after retrofit. This process identified wood frame (W1, W1A, W2), steel moment frame (S1), concrete shear wall (C2), concrete tilt-up (PC1), and reinforced masonry (RM1) and unreinforced masonry (URM) as appropriate candidates. For each Model Building Type, the age, square footage and number of stories were reviewed to identify a “prototype” building. In cases where the prototype building was not representative of more than two- thirds of the total number of buildings, it was judged that multiple prototypes should be considered. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 88 Figure 11: Retrofit scheme for Large Multi-family Soft-Story Wood Frame Building. For example, for the W1A Model Building Type there were a significant number of two-story and three- story buildings with a significant difference in average square footage. Therefore, a two-story and a three-story prototype building were developed to represent this Model Building Type. Eventually this led to the 12 prototype buildings shown in Table 7. Based on a review of buildings of size similar to the prototypes, representative floor plans were developed. A conceptual retrofit was then shown on the floor plans. An example of a conceptual retrofit for the W1A prototype building is shown in Figure 11 from a 2000 brochure by Rutherford + Chekene for the City of San Jose entitled “Practical Solutions for Improving the Seismic Performance of Buildings with Tuckunder Parking.” The retrofit elements were keyed to representative details in 2006 FEMA 547 Techniques for the Seismic Rehabilitation of Existing Buildings, and a written description of Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 89 collateral impacts was developed as well to provide sufficient detail to allow a rough order of magnitude cost estimate to be prepared. The conceptual retrofit designs, description of collateral impacts, and referenced details are included in Appendix E. The cost estimators of Vanir Construction Management used the conceptual designs to estimate a range of probable cost to implement the retrofits. The retrofit costs for each prototype building are shown in Table 7. These costs include hard costs, which are the costs the owner pays the contractor, plus a design contingency as these are conceptual retrofits. The estimate further includes soft costs, representing architect and engineer design fees, testing and inspection costs, permit fees, and an owner change order contingency. Considered costs do not include hazardous material abatement, costs associated with performing the work while occupants are using the building, triggered accessibility upgrades, cost premiums associated with retrofit of a historic building, tenant relocation or business interruption during construction, project management, renovation, financing, repair of existing conditions, and legal fees. These costs are more variable and project and site specific, and are typically not included in loss estimates for this type of study. A detailed breakdown of estimated cost is included in Appendix F The retrofit costs were extrapolated to Model Building Types not represented by a prototype retrofit as shown in the fifth column of Table 7. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 90 Table 7: Conceptual retrofit cost. Retrofit Prototype Model Building Type Stories Square Feet Used for Model Building Types Used for Square Feet Average Retrofit Cost ($/SF) 1 Wood frame smaller residential (W1) 2 5,320 W1 All 12 2 Wood frame larger residential (W1A) 2 9,500 W1A < 15,000 11 3 Wood frame larger residential (W1A) 3 30,000 W1A ≥ 15,000 6 4 Wood frame commercial/industrial (W2) 2 10,000 W2 All 14 5 Steel moment frame (S1) 2 43,900 S1, S2, S3 All 10 6 Concrete shear wall (C2) 1 5,000 C1, C2, S4, PC2 < 10,000 50 7 Concrete shear wall (C2) 2 17,280 C1, C2, S4, PC2 ≥ 10,000 40 8 Concrete tilt-up (PC1) 1 18,435 PC1 < 25,000 29 9 Concrete tilt-up (PC1) 2 38,400 PC1 ≥ 25,000 21 10 Reinforced masonry, wood floor (RM1) 1 2,750 RM1, RM2 < 5,000 74 11 Reinforced masonry, wood floor (RM1) 2 8,150 RM1, RM2 ≥ 5,000 46 12 Unreinforced masonry bearing wall (URM) 1 5,000 URM, S5, C3 All 110 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 91 CHAPTER VII. LOSS ESTIMATING FINDINGS FOR EXISTING BUILDING STOCK Hazus is a geographic information system (GIS) based, standardized, nationally applicable multi-hazard loss estimation methodology and software tool. It is used by local, state, and federal government officials for preparedness, emergency response, and mitigation planning. FEMA has recently released the latest version of Hazus (Hazus 3.1) which includes building inventory data reflecting 2010 census data for residential structures and costs to 2014. Rather than using the embedded inventory data for Palo Alto, which are estimated from census data, a detailed earthquake risk assessment of the individual buildings in the study group was conducted using the Hazus Advanced Engineering Building Module (AEBM). Direct loss is calculated through a complex process in Hazus. In essence, the engine consists of a large database of “fragility functions”. These fragility functions describe the probability of exceeding threshold damage levels as a function of a seismic demand parameter. For example, spectral displacement is linked to slight, moderate, extensive and complete damage states to describe the performance of a structural system. The estimated level of damage for the level of ground shaking under consideration is then used to assign the costs to repair or replace the damage to the building’s structural and nonstructural systems and contents (the loss). Each Hazus fragility function represents a combination of Model Building Type, number of stories, and seismic design level. Analyses were conducted for two specific earthquake scenarios developed by the United States Geological Survey (USGS), a major M7.9 San Andreas Fault event, and a strong M6.7 San Andreas Fault event. The USGS has developed a suite of ShakeMap earthquake scenarios for different faults around California. In the San Francisco Bay Area, they include events of different magnitude on a number of faults, such as various segments of the San Andreas Fault and the Hayward Fault. The largest scenario is a M7.9 event on the San Andreas Fault which represents a repeat of the 1906 earthquake. In this scenario, all four segments (Santa Cruz Mountains, Peninsula, North Coast, and Offshore) of the San Andreas Fault are assumed to rupture. There is a M7.2 event on the Peninsula segment with an Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 92 epicenter somewhat south of Palo Alto. In addition to the scenarios, a ShakeMap of the 1989 Loma Prieta earthquake which had an epicenter southwest of Palo Alto is also available. In reviewing the available scenarios, the repeat of the 1906 earthquake provided a desirable, easy to communicate upper bound scenario. Since the 1989 Loma Prieta event did relatively little damage to buildings in Palo Alto (though there was substantial damage to some of the older buildings at nearby Stanford University), it was judged to be too small to provide meaningful information for policy choices in Palo Alto. Most of the Hayward Fault scenarios also produce small to moderate shaking in Palo Alto. Review of the M7.2 San Andreas scenario found that it produced relatively similar peak ground acceleration and short period spectral accelerations to those of the M7.9 scenario. Tom Holzer, an engineering geologist with the USGS, is a member of the project Advisory Group. With his help and the ShakeMap team at USGS, two other scenarios were developed between the M7.2 scenario and the Loma Prieta earthquake. These are a M6.9 scenario and a M6.7 scenario on the Peninsula segment of the San Andreas with an epicenter directly adjacent to downtown Palo Alto. In the end, the M6.7 scenario was selected in addition to the M7.9 scenario. The M6.7 scenario provided values somewhat smaller than the M7.9 scenario event, values large enough to be meaningful, and is a magnitude size commonly used in USGS communications. It also has a substantially lower equivalent return period from the M7.9 scenario. Contour plots for the short period spectral acceleration for the two M6.7 and M7.9 scenarios are shown in Figure 12. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 93 Figure 12: Predicted short period spectral acceleration in vicinity of Palo Alto (city boundary shown) for two selected San Andreas Fault scenarios. Table 8 summarizes the total loss calculated by Hazus for the as-is condition for the two earthquake scenarios. The results show that the estimated losses to Palo Alto buildings and contents in a M6.7 scenario will be significant, on the order of $1.2 billion. Though ground shaking in the M7.9 scenario is only about 25% larger than it is in the M6.7 scenario, overall building and content losses double to $2.4 billion. Average building damage and content damage also approximately double with a M7.9 event. The difference in the number of buildings that are heavily damaged with the larger earthquake is more pronounced with a 12-fold increase from the M6.7 to the M7.9 scenarios. This is shown in the fourth column of Table 8 as the number of buildings with a damage ratio exceeding 20%. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 94 Table 8: Total losses for study group in as-is condition. Earthquake Scenario Building Value1 ($B) Content Value2 ($B) Number of Bldgs with Damage Ratio ≥ 20%3 Estimated Building Damage4 ($B) Estimated Content Damage4 ($B) Total Building and Content Damage ($B) M7.9 18.9 17.3 224 1.7 0.7 2.4 M6.7 18.9 17.3 19 0.8 0.4 1.2 Ratio of M7.9/M6.7 2 2 2 Notes: 1. Building value is the complete replacement cost for the building, and includes the structure, architectural, mechanical, electrical, and plumbing components (e.g., ceilings and lighting). 2. Content value includes the complete replacement cost of furniture and equipment that is not integral with the structure (e.g., computers and other supplies). They are estimated as a percent of structure replacement value, dependent on occupancy. 3. Damage ratio is defined as the cost of repairing damage divided by the replacement cost of the building. 4. Estimated building and content damage cost is the cost associated with repair and replacement of the building and its content. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 95 To put the loss from building damage in context, the average annual valuation of Palo Alto construction permits was $400M between 2013 and 2016 (which represents a boom period). The total loss in a major M7.9 earthquake represents more than four years’ worth of construction, and the total loss in a strong M6.7 earthquake represents more than two years worth of construction. It should be noted that these losses do not include the effects of lives lost and business disruption, or the ripple effects in the local economy or real estate market, and that much of this loss will not be insured. Table 9 breaks out the estimated loss and damage ratio for various model building types, and it can be seen that it depends on the metric used which building type is considered the poorest performer. Looking at the total loss alone, concrete bearing wall buildings and commercial wood frame buildings are responsible for the highest total loss. This tracks well with the earlier finding that these structural systems are the most prevalent ones. If we look at the highest average building damage ratio instead, buildings with unreinforced masonry bearing walls and unreinforced masonry infills are the most prone to damage. However, not very many of them exist in Palo Alto, and as a result they do not represent much of the aggregate loss. It is therefore important to look at multiple metrics when deciding which buildings are the most vulnerable and significant to the community as a whole. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 96 Table 9: Top three vulnerable building types ranked by total loss, average damage ratio, and number of severely damaged buildings. Building Type Number of Buildings Building Value ($M) M7.9 EQ Total Building + Content Losses ($M) M7.9 EQ Average Building Damage Ratio M7.9 EQ Number of Bldgs with Damage Ratio ≥ 20% Concrete shear wall (C2) 318 4,082 477 14% 75 Concrete tilt-up (PC1) 242 3,368 365 12% 32 Wood frame commercial/industrial (W2) 307 2,369 216 9% 9 Steel frame with masonry infill (S5) 2 3 1 38% 1 Unreinforced masonry bearing wall (URM) 9 15 4 29% 9 Concrete frame with masonry infill (C3) 8 8 2 29% 6 Concrete shear wall (C2) 318 4,082 477 14% 75 Concrete tilt-up (PC1) 242 3,368 365 12% 32 Steel moment frame (S1) 75 1,242 130 18% 27 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 97 CHAPTER VIII. LOSS ESTIMATING FINDINGS WITH BUILDINGS RETROFITTED A second Hazus AEBM run was done assuming a retrofitted building stock. For this run, it was assumed that a building would be retrofitted if it has not already been retrofitted and is either constructed before 1961 or between 1962 and the benchmark year with a soft story. The Hazus model was rerun with the updated fragilities simulating retrofit. Table 10 shows the resulting total losses and damage ratios. Though total losses are still significant, comparing the results of Table 10 with Table 8 shows a reduction in total loss of 45% for the M7.9 scenario, and 33% for the M6.7 scenario. In other words, aggregate loss to the community if all considered properties were retrofit could be reduced by one third in a very plausible event and almost halved in a much larger event. Another important improvement is the reduction of the number of buildings with more than 20% damage. The M7.9 scenario shows a reduction from 224 buildings to 6 buildings, meaning that the probability of building collapse and resulting injuries and fatalities has become very low. Finally, the damage and loss of the M7.9 scenario remain approximately two times the amount sustained in the M6.7 scenario. This suggests that the retrofit has a similar impact for both levels of ground shaking. Table 10: Total losses after retrofitting. Earthquake Scenario Building Value ($B) Content Value ($B) Estimated Building Damage ($B) Number of Bldgs with Damage Ratio ≥ 20% Estimated Content Damage ($B) Total Building & Content Damage ($B) M7.9 18.9 17.3 0.9 6 0.5 1.3 M6.7 18.9 17.3 0.5 0 0.3 0.8 Ratio of M7.9/M6.7 2 - 2 2 Table 11 breaks out the reduction in total loss by model building type for the M7.9 scenario, and shows the associated retrofit cost. The average reduction in loss varies by building type, with URM buildings showing the highest reduction in loss after retrofit of 80%, and steel braced frames showing an 18% Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 98 reduction at the low end. On average, the retrofit costs are on the order of the damage reduction for this scenario, though by building type the average damage reduction (loss avoided) divided by retrofit cost ranges from 0.14 for steel light frame buildings to almost eight for reinforced masonry buildings. Wood frame and concrete buildings are responsible for the largest reduction in total loss, with wood frame construction representing over 20% of the loss reduction, and concrete buildings over 50%. It should be noted that the data in Table 11 also includes buildings that were not retrofitted. As a result, further parsing of the data is needed to better understand which buildings are responsible for the most loss, and those that can be improved more cost-effectively. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 99 Table 11: Comparison of retrofit benefits and costs by Model Building Type. Model Building Type M7.9 EQ Average Damage ($/SF) M7.9 EQ Total Damage Reduction ($1,000) Average Damage Reduction ($/SF) Retrofit Cost ($/SF) Wood frame smaller residential (W1) 16 13,775 4 12 Wood frame larger residential (W1A) 25 61,317 7 6-11 Wood frame commercial/industrial (W2) 50 160,155 26 14 Steel moment frame (S1) 62 76,150 25 10 Steel braced frame (S2) 44 24,222 8 10 Steel light metal frame (S3) 108 38,163 72 10 Steel frame with concrete shear walls (S4) 101 11,118 69 40-50 Steel frame with masonry infill (S5) 247 695 121 110 Concrete moment frame (C1) 55 8,045 25 40-50 Concrete shear wall (C2) 70 336,574 35 40-50 Concrete frame with masonry infill (C3) 120 865 34 110 Concrete tilt-up (PC1) 68 218,491 27 21-29 Precast concrete frame (PC2) 21 0 0 21-29 Reinforced masonry, wood floor (RM1) 59 87,697 31 46-74 Reinforced masonry, concrete floor (RM2) 35 3,727 6 46-74 Unreinforced Masonry Bearing Wall (URM) 23 5,216 19 110 Totals 51 1,046,210 22 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 100 Table 12 shows those buildings types that may be considered good candidates for a retrofit program. Although representing only about 15% of the total inventory, these buildings are responsible for over 30% of the total loss. This is reflected in the considerably higher than average loss (fourth column of Table 12). The benefit of retrofit is also considerable for this group of buildings, as they are responsible for over 50% of the reduction in loss. Additionally, the cost to retrofit them is only a fraction of the losses avoided in a major event, ranging from a third for the concrete buildings to a tenth for the steel frames. Note that these values are based on conceptual retrofits. Actual retrofit costs for individual buildings would vary substantially, and the steel moment frame benefit-to-cost ratio is higher than expected by engineering judgment. This is caused in part by a comparatively low retrofit cost for this Model Building Type. Table 12: Comparison of benefits and costs by selected Model Building Type, date and characteristics. Model Building Type Number of Buildings Total SF (1,000) M7.9 EQ Average Loss by Building ($/SF) M7.9 EQ Average Loss Avoided by Retrofit ($/SF) Average Cost to Retrofit ($/SF) (Average Loss Avoided) / (Average Retrofit Cost) Pre-1977 wood frame soft-story (W1, W1A, W2) 294 3,690 66 46 12 4 Pre-1998 tilt-up (PC1) 99 3,078 106 71 23 3 Pre-1977 concrete soft-story (C1, C2, C3) 37 842 149 108 42 3 Pre-1998 steel moment frame (S1) 35 690 152 110 10 11 Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 101 CHAPTER IX. REVIEW OF PAST SEISMIC RETROFITS To gain a better understanding of the quality of the retrofits and identify relevant issues to updating Palo Alto’s seismic risk mitigation program, a sample of the submitted engineering studies and building retrofit drawings was reviewed. Ten buildings were selected, so that their permit history could be reviewed and documents could be retrieved from the archives of the Building Department. They were distributed over the three existing hazardous buildings categories, and also included soft-story wood frame buildings. Records were retrieved for four Category I buildings (to reflect the higher number of these), two Category II buildings, two Category III buildings, and two soft-story wood frame buildings. The City tracked permit numbers for the retrofit projects in their “hazardous buildings” database. Even so, it proved difficult to retrieve associated documents. After careful review of the City’s records, some archived documents showing structural modifications were retrieved. The type of documents available varied from building to building. In about half of the cases, plans were available, and in the other half, the documents consisted of calculations with sketches. For one of the Category I buildings, plans showing a comprehensive retrofit were available. The 2001 California Building Code was referenced for seismic design. In a second case, the retrieved plans show retrofit of a section of the building that appears to be intended to improve the original retrofit. It was unclear if other sections of the building were improved in a similar fashion. In the third case, structural calculations were provided. It is unclear what criteria were used, as the 1991 UCBC is used for certain elements and the regular UBC seismic load calculations for global loading. The set of plans retrieved for the last building is for a tenant improvement that appears to have been constructed a few years after the original seismic retrofit. Interestingly, the structural engineer referenced the 1977 UBC as the seismic design criteria. The building is identified on the plans as a concrete building, rather than a URM building. For the Category II buildings, in one case only the permit application worksheet was available; in the other case there were detailed calculations and sketches (no construction documents). The permit Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 102 application for the first building indicates that shear walls were added as part of a voluntary seismic upgrade. The sketches for the second building indicated that the retrofit was designed to mitigate the deficiencies identified in the evaluation report. It references both elements and loads from the earlier study. For the Category III buildings, it appears that in both cases the projects were driven by modifications or additions to the existing building. Since no plans were archived, and the calculations could not be easily followed, it was not clear if the existing building was fully evaluated and if all deficiencies found in the original evaluation report were addressed. In 2003, the Collaborative for Disaster Mitigation at San Jose State University completed an “Inventory of Soft-First Story Multi-Family Dwellings in Santa Clara County”. According to the report the City of Palo Alto had 130 soft-first story multi-family buildings including 1,263 residential units housing 3,158. The list of addresses from the San Jose State University report was updated with information from the City of Palo Alto Fire Department, and resulted in a reduced list of 108 addresses. According to this list, which was included in a recent Staff Report to Palo Alto’s Policy and Services Committee33, six buildings were improved voluntarily. Two sets of plans were retrieved and reviewed; in one case the plans improved two buildings with the same plan as a mirror image. One of the permits was issued in 2006 and one in 2009. It appears that in both cases the buildings were of a more recent vintage, as plans show that existing plywood shear walls are present. On both sets of plans design criteria were referenced, with one building referring to the 2001 California Building Code, and one Appendix Chapter A4 of the 2006 International Existing Building Code. Review of the submitted engineering studies and building retrofit drawings identified the following relevant needs for future seismic risk mitigation programs:  Clear identification of retrofit design intent, scope, and limitations, also for voluntary retrofits;  Identification of existing structural systems;  Decision on requirements for buildings that have had partial seismic retrofits completed, and may have remaining seismic deficiencies. 33 Policy and Services Committee Staff Report 5293, Discussion of Updating the Seismic Safety Chapter of the Municipal Code for Hazardous Buildings, December 9, 2014, available online at https://www.cityofpaloalto.org/civicax/filebank/documents/44945 (accessed 12/21/2016) Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 103 CHAPTER X. ADDITIONAL RECOMMENDED PROGRAM FEATURES In addition to expansion of the building categories included within the City’s seismic risk mitigation program and refinement of disclosure measures and incentive options, a number of other program features are recommended. They are described in the following:  Use the current inventory, taking note of its limitations: The inventory developed for the effort to date involved use of digital information and field surveys. A complete field survey of all buildings in Palo Alto was outside the scope of the project. However, the inventory that has been developed is an excellent resource. The first step in any future ordinance will involve notification of building owners that they may be subject to the requirements of the ordinance. Those buildings that were field surveyed and fall within the scope of the ordinance can be notified using the existing inventory. For the remaining buildings, additional field survey is recommended. This would be a rapid visual assessment and could be conducted by City staff or outside consultants.  Use an initial screening form phase: Typically, as part of the notification process, a screening form of about one-page in length is sent, and the owner is required to have a design professional, such as a structural engineer or architect, complete the form for a relatively nominal cost to confirm whether or not the building actually is subject to the City’s ordinance. Some buildings may appear from a rapid visual assessment to be one of the building categories covered, but upon closer review they are exempt. This approach has been taken in many communities in the past, and thus sample forms are available that can be easily tailored for Palo Alto.  Clearly specify seismic evaluation and retrofit scope: The seismic evaluation (and retrofit) methodology for each building category will need to be defined after the building categories included in the updated ordinance are determined. Industry consensus standards exist and cover the vulnerable building categories identified for Palo Alto. These include the 2015 International Existing Building Code (IEBC) and 2014 ASCE 41-13 Seismic Evaluation and Retrofit of Existing Buildings. Both are currently being updated by groups of engineers and building Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 104 officials. For soft-story wood frame buildings, there is also the 2012 FEMA P-807 Seismic Evaluation and Retrofit of Multi-Unit Wood-Frame Buildings with Weak First Stories. For steel moment frame buildings, there is also the 2000 FEMA 351 Recommended Seismic Evaluation and Upgrade Criteria for Existing Welded Moment Resisting Steel Structures. ASCE 41 has three tiers of evaluation: Tier 1, Tier 2, and Tier 3. Tier 1 is primarily a screening tool. As a minimum standard, Tier 2 is recommended. Table 13 provides recommended evaluation and retrofit standards. Table 13: Recommended Evaluation and Retrofit Standards Category Description Evaluation and Retrofit Standards I Unreinforced masonry IEBC Appendix Chapter A1 II Built before 1/1/35 with 100 or more occupants ASCE 41 III Built before 8/1/76 with 300 or more occupants ASCE 41 IV Pre-1977 soft-story wood frame IEBC Appendix Chapter A4, ASCE 41, or FEMA P-807 V Pre-1998 tilt-up IEBC Appendix Chapter A2 and ASCE 41 VI Pre-1977 soft-story concrete ASCE 41 VII Pre-1998 steel moment frame ASCE 41, or FEMA 351 VIII Other pre-1977 concrete ASCE 41  Provide detailed evaluation report submittal requirements: Minimum submittal requirements for evaluation reports will need to be defined. The above evaluation and retrofit standards provide some guidance but a short clear set of requirements will be beneficial. This will include such items as address, construction date, size, number of stories above and below grade, owner, occupancy type, structural system type, the location and features of the primary structural system, the extent of field review, material properties, the evaluation criteria and methodology used, whether the structure meets the evaluation criteria, identified seismic Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 105 deficiencies if it does not. The current ordinance requires identification of retrofit measures to address seismic deficiencies. Even in a voluntary program, it is recommended that this be continued to help owners, tenants, and the City better understand what is necessary to mitigate the issues that exist.  Specify how past partial retrofits will be handled: In the past, some buildings have had partial seismic retrofits where only selected portions of the seismic force-resisting system have been upgraded, and some seismic deficiencies may still exist in these structures. If mandatory retrofit requirements are implemented that provide for comprehensive retrofitting of the full seismic load path, there may be buildings with previous partial retrofits that do not fully comply and need remaining deficiencies to be addressed. This will be identified in the seismic evaluation report.  Update both new and existing building permit submittal requirements: Review of City records found that basic information such as the building structural system, date of construction, and retrofit standard used (where applicable) are not readily available. It is recommended that submittals for permit for both new buildings and existing building renovations require this information. For structural systems, both the categorization found in ASCE 41 and the ASCE 7 Table 12.2-1 is recommended. This will allow the city to have a much better understanding of its building stock and its expected performance in an earthquake.  Write a new ordinance or set of ordinances to update the program: After the Council has provided direction and the above issues have been addressed, an updated ordinance will need to formally be written. This can be done by City staff, but will likely benefit from the involvement of an appropriately experienced structural engineering consultant.  Carefully address program management and interdepartmental coordination needs: To successfully manage Palo Alto’s updated Seismic Risk Mitigation Program, an effective management plan is needed so that progress is monitored by the City and community intent is achieved. It will include a realistic list of information that can be easily input, summarized, and tracked in digital records such as the submittal requirements recommended above and that can be used to link the seismic risk program data to other digital records such as assessor files or GIS systems; quality assurance procedures for checking information; clearly defined roles and responsibilities; timelines and requirements for reporting of information internally and externally; procedures for gathering, assessing and implementing community feedback and suggestions; and links between the seismic risk mitigation program and activities that will occur following an earthquake, such as postearthquake safety evaluation. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 106  Delineate department and key staff responsibilities: For Palo Alto’s updated Seismic Risk Mitigation Program, City staff will be responsible for several categories of activities.. These will include the basic activities such as managing the notification and inventory process, reviewing evaluation reports and plan checking retrofit construction documents, and field inspections of retrofit work. Less obvious activities will include evaluating requested exceptions to the program or alternative means of compliance; managing feedback from design professionals, owners, and the public; tying pre-earthquake retrofitting to post-earthquake safety evaluations records; and managing post-earthquake safety evaluation, repair, and recovery plans. Depending on the scale of the updated program, it is possible that addition staff members or consultants will be needed to handle the work flow. The City may also benefit from an appropriately experienced structural engineer to provide advice on technical and program management issues, particularly as the program moves to final definition and then to initial implementation. Later, as is done in some communities, it may be desirable to create volunteer review boards of local structural engineers who review questions on the evaluation and retrofit criteria and provide the city with technical opinions that staff can use. Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 107 CHAPTER XI. QUESTIONS TO GUIDE COUNCIL DELIBERATIONS AND POTENTIAL ISSUES FOR FUTURE STUDY 1. QUESTIONS TO HELP GUIDE COUNCIL DELIBERATIONS Preferred policy directions were developed with the Advisory Group and staff as discussed in Chapter I and include expansion of the building categories currently covered by the City’s ordinance, movement toward mandatory requirements for some categories, additional disclosure measures and use of incentives to increase the effectiveness and likelihood of compliance and of success. To help the Council in its deliberations, a series of questions are given here. They are similar to questions and issues discussed by the Advisory Group. 1. Does the Council wish to expand the current seismic hazard program to cover more vulnerable building categories? 2. If so, which of the building categories in Table 1 should be included? The Advisory Group proposed that the existing Categories I-III, plus the Categories IV-VII, be included as follows. The categories are: a. Category I: Constructed of unreinforced masonry, except for those smaller than 1,900 square feet with six or fewer occupants (in the current ordinance) b. Category II: Constructed prior to January 1, 1935 containing 100 or more occupants (in the current ordinance) c. Category III: Constructed prior to August 1, 1976 containing 300 or more occupants (in the current ordinance) d. Category IV: Pre-1977 soft-story wood frame e. Category V: Pre-1998 tilt-up concrete f. Category VI: Pre-1977 concrete soft-story g. Category VII: Pre-1998 steel moment frame An eighth category (Category VIII other older nonductile concrete buildings) was discussed, but because of the lack of inexpensive analytical methods for reliably identifying the worst of these buildings, inclusion of this building category in an updated ordinance is not recommended at this Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 108 time. Such buildings could be included in the future when the engineering community has developed appropriate analytical methods. 3. In addition to mandatory initial evaluation requirements, should one or more of the categories of buildings be subject to mandatory retrofit requirements? The Advisory Group had a consensus on mandatory requirements for renovation for unreinforced masonry buildings and there was strong support among many members for other categories such as soft-story wood frame buildings and tilt- up buildings, particularly those with high occupancies. 4. Should the City develop a trigger mechanism based on sale or substantial renovation where seismic retrofit is required? If so, which building categories should be subject to a trigger mechanism? There was support among some Advisory Group members for a trigger mechanism for some building categories, such as tilt-up industrial buildings, particularly those that are being converted to office buildings and increasing the occupant load and thus exposure to seismic risk. 5. What public disclosure or notice measures of the need for retrofitting a building should be pursued? The Advisory Group supported website listing and tenant notification, but there was low support for placing notices on property titles or for signage or placing placards on the outside of buildings. Other possibilities include encouraging earthquake performance rating systems and disclosing them to the public or developing such a rating system for city-owned buildings. 6. What incentive measures to encourage property owners undertake a structural retrofit should be pursued? The Advisory Group supported incentives for fee waivers, expedited permitting, and property- assessed financing tools. There was minimal interest in deep financial assistance such as establishing a special district or passing of bond measure to assist property owners financially. . Opinions were split on the use of transfer of development rights, floor area ratio bonuses, and parking exemptions. 8. How much time do you feel is reasonable for property owners of at risk buildings in the community to: a) prepare the initial structural evaluation reports for regulated buildings; and b), to complete mandatory structural retrofits to their buildings? 2. POTENTIAL ISSUES FOR FUTURE STUDY AND CONSIDERATION For some issues, based in part on Advisory Group discussions, additional information may be beneficial to help develop a strategy and to better understand potential impacts on key stakeholders and community concerns. Some of these issues are primarily economic and were outside the scope of the current study. The City Council may wish to direct staff and/or outside consultants to investigate some of these items in more detail as the seismic risk management program effort proceeds. These issues include the following: Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 109 • Occupants and tenants – How much would a typical retrofit add to the monthly rent of a multifamily soft-story wood frame apartment tenant? – Would some tenants be unable to afford a rent increase and seek housing elsewhere in Palo Alto or move outside the city (and if so, how many might be displaced)? – If soft-story wood frame apartments in Palo Alto are retrofitted in time before the next major earthquake, how much less displacement of residents would occur as a result of the earthquake? – What categories of buildings are most important to address in order to help maintain the commercial viability and vitality of the City’s core business districts and tax base? • Property owners, developers, and business owners – What are the characteristics of property owners that would be affected? – How might small businesses be affected compared to larger ones? – How many property owners are in need of lower cost capital or other substantial financial assistance to fund retrofitting? • Impacts of Seismic Restoration on Retention of Historic Structures in the City – Insure that the review of initial seismic evaluations identify those structures that are listed in the City’s Historic Inventory and flag them for attention during subsequent review. – Develop a clear process for reviewing proposed seismic retrofits to historic structures that is coordinated among responsible city departments and is consistent with current regulations and Community policies. – Seek out retrofit alternatives that are consistent with the Historic Building Code, historic characteristics of the structure, and provide the most risk reduction. • City departmental resources and budgets – What would be the loss in revenue to the Building Department if fee waivers were offered? – What would be the staffing and budgetary needs over time to administer an expanded program that addresses additional building types? – What kinds of interdepartmental cooperation and staff resources in other departments are necessary to ensure effective implementation and coordination with other city planning and public safety efforts? Attachment F Seismic Risk Assessment Study December 21, 2016 Final Report Page 110 • Overall community economic health – What kind of benefits could accrue to Palo Alto in terms of maintaining community function and ability to recover if various building categories are retrofitted in time before the next major earthquake? • Other related issues – It was brought up in the Advisory Group that the Building Department needs flexibility and authority to take steps to get tough seismic mitigation projects done. One idea was to grant the Building Official the ability to classify certain projects (with well-specified criteria) as warranting a kind of “seismic safety” or “earthquake resilience” fast tracking, with city departments agreeing to coordinate on a specified accelerated project review timeframe. – Although outside the formal scope of this planning effort, several Advisory Group members commented that it would be desirable for the City to do some kind of assessment of any earthquake mitigation needs in public buildings and facilities serving the City. – Advisory group members recommended the community be informed of Palo Alto’s overall potential seismic risk by providing a summary of potential impacts on the City’s website, including the expected performance of vulnerable buildings. – The group also had a high degree of support for recommending that the City initiate and nest future earthquake mitigation programs within a broader disaster or community resilience initiative, as cities such as Los Angeles, Berkeley, and San Francisco have done. This could be incorporated into the update of the City’s Comprehensive Plan Safety Element. There was insufficient time in the project’s six advisory group meetings to consider potential initiatives to assess risks for cell phone towers, water supply, facades, private schools, post-earthquake shelter facilities, and/or other assets important to community recovery. Attachment F City of Palo Alto (ID # 8395) City Council Staff Report Report Type: Action Items Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: Comp Plan Update: Final Approval and Certification of FEIR Title: PUBLIC HEARING: Adopt a Resolution Certifying the Final Environmental Impact Report (EIR) for the Comprehensive Plan Update, a Resolution Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) Related to Significant Environmental Impacts, Mitigation Measures and Alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program, and a Resolution Adopting the Updated Comprehensive Plan Dated June 30, 2017 with Desired Corrections and Amendments, Which Comprehensively Updates and Supersedes the City's 1998-2010 Comprehensive Plan, Except for the Housing Element Adopted in November 2014. (This is the third public hearing; the first hearing was on October 23, 2017, continued to October 30, 2017 and further continued to November 13, 2017.) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council take the following actions: 1. Receive and consider the Planning & Transportation Commission (PTC) report and recommendations regarding the Comprehensive Plan Update and adopt a motion thanking the PTC and identifying specific changes to the June 30, 2017 Comprehensive Plan Update desired as a result of the Commission’s work; (This recommendation was completed October 30, 2017 and changes resulting from the Council’s actions have been included in Attachment A.) 2. Adopt a resolution (Attachment B) certifying that the Council has reviewed and considered the Comprehensive Plan Update Final Environmental Impact Report (EIR) dated August 30, 2017, the Final EIR has been completed in compliance with the California Environmental Quality Act (CEQA), and the Final EIR reflects the independent judgment and analysis of the City of Palo Alto; City of Palo Alto Page 2 3. Adopt a resolution (Attachment C) making required CEQA findings, including findings related to significant environmental impacts, mitigation measures and alternatives, adoption of a statement of overriding considerations, and adoption of a mitigation monitoring and reporting program (MMRP); 4. Adopt a resolution (Attachment D) adopting the updated Comprehensive Plan dated June 30, 2017 with the specific corrections and changes included in Attachment A, comprehensively updating and superseding the 1998-2010 Comprehensive Plan in its entirety, except for the Housing Element adopted in 2014 which will remain part of the Comprehensive Plan; 5. Direct staff to prepare and disseminate electronic and paper copies of the updated Comprehensive Plan with appropriate formatting, illustrations, and acknowledgements; and 6. Direct staff to return to Council for another review of the implementation chapter of the Comprehensive Plan in 2018 and in the interim, prioritize the following implementing actions to bring forward to Council on future agendas in the near term: A. Adoption of an Updated Transportation Impact Fee Ordinance; B. Adoption of Comprehensive Plan Implementing Ordinance #1 amending Title 18 (Zoning Ordinance) of the Municipal Code to support the production of new housing and the preservation of existing units; C. Initiation of a Coordinated Area Plan for the North Ventura area (also referred to as the Fry’s site); and D. Initiation of discussions with Stanford University about the potential for developing housing in the Stanford Research Park, Stanford Shopping Center, and Stanford University Medical Center vicinity. Note: This is the third hearing for consideration of these recommendations. The Council has previously considered these items on October 23, 2017 and October 30, 2017. The August 30, 2017 Final EIR is available at: http://www.paloaltocompplan.org/eir/ and the June 30, 2017 the Comprehensive Plan Update is available at: http://www.paloaltocompplan.org/wpcontent/uploads/2017/07/PACompPlan_June30_PTC_we breduced.pdf. Hard copies of both documents are also available for review at the Planning Department and at local libraries. The Planning Department is located on the 5th floor of City Hall at 250 Hamilton Avenue in Palo Alto. Copies of the City Council packet for October 23, 2017 can be found here: http://www.cityofpaloalto.org/civicax/filebank/documents/59856, A supplemental memo prepared for October 30, 2017 can be found here: http://www.cityofpaloalto.org/civicax/filebank/documents/60034. City of Palo Alto Page 3 Executive Summary The City has been working on a comprehensive update to its general plan, the Palo Alto 1998- 2010 Comprehensive Plan, for many years and the City Council will have an opportunity to complete this effort at tonight’s meeting. Overall, the Citizens Advisory Committee (CAC) and the Council have crafted a Comprehensive Plan Update that seeks to preserve the vision and values of the current Comprehensive Plan, while updating its goals, policies, and programs to reflect the world of today. The updates are aimed at: Land Use & Community Design  stimulating housing through a host of implementation programs, supplementing policies and programs in the City’s Housing Element;  making the non-residential development cap apply citywide and focusing it on office/R&D development only so square footage converted from another use like warehouse or retail to office/R&D development will count against the cap;  preserving ground floor retail and limiting the displacement of existing retail;  ensuring regular coordination with Palo Alto Unified School District regarding land use and development;  recognizing and incorporating the goals of other recent planning efforts, such as the Urban Forest Master Plan and the Parks, Trails, Open Space and Recreation Master Plan;  guiding operation and improvements at the Palo Alto Airport, which was transitioned from the County to the City in recent years; Transportation  reducing reliance on single occupant vehicles (SOV), making alternatives to the automobile more convenient, and addressing the needs of transit-dependent communities;  establishing specific quantitative goals for trip reduction from new development  prioritizing Caltrain grade separations;  recognizing the State-mandated transition from Level of Service (LOS) to Vehicle Miles Travelled (VMT)as a methodology for analyzing traffic impacts under CEQA, while preserving LOS as a methodology for ensuring Comprehensive Plan consistency; Natural Environment  establishing a new focus on connected ecosystems, consistent with the Parks, Trails, Open Space and Recreation Master Plan;  recognizing open space, the urban forest, and a healthy natural environment as contributors to public health; City of Palo Alto Page 4  seeking opportunities for adding open space, including connections between Skyline Ridge and San Francisco Bay;  addressing climate changes and climate adaption;  ensuring resilient supply and management of water in Palo Alto, including additional policies to protect groundwater as a resource and to respond to drought;  encouraging energy efficiency, energy conservation, and renewable energy sources; Safety  updating policies on natural and man-made threats and hazards, with a focus on preparedness;  expanding policies on community safety and emergency management; Community Services & Facilities  perpetuating policies about new and existing parks and public open spaces;  adding new policies and programs specifically tailored to the needs of youth and of seniors;  sustaining the health and well-being of residents, consistent with the Council’s Heathy Cities, Healthy Communities resolution; Business and Economics  promoting a comprehensive approach to fiscal sustainability;  supporting the small local-serving businesses, start-ups, non-profit organizations, and professional services that make up Palo Alto’s business diversity. The updated Comprehensive Plan will serve as the City’s “constitution,” with policies that will inform development and implementation of land use regulations and infrastructure investments for many years to come. The updated Plan also contains implementation programs that are intended to advance the goals and policies of the Plan, and that may be reexamined and reprioritized by the City Council on a regular basis. On October 23 and 30, the City Council considered a report and recommendations from the PTC as well as changes and corrections identified by staff for incorporation in the Comprehensive Plan. At tonight’s meeting, the Council will consider any additional text changes to the plan and adoption of three resolutions: the first would certify the Final EIR (Attachment B), the second would adopt required CEQA findings (including a “statement of overriding considerations” and a mitigation monitoring and reporting program), and the third would adopt the Comprehensive Plan Update with the desired changes and adjustments identified by the Council and included in Attachment E. Staff is also asking for direction to prepare and disseminate electronic and paper copies of the plan, as well as direction to return to Council for an in depth discussion of the Implementation Chapter and to identify a handful of near term implementation priorities. City of Palo Alto Page 5 Background The City’s current Comprehensive Plan, Embracing the New Century, Palo Alto 1998-2010 Comprehensive Plan, was adopted in 1998 and sets goals, policies, and programs related to land use and development issues, including transportation, housing, natural resource, community services, and safety. The proposed Comprehensive Plan Update contains chapters or “elements” that address topics required by State law, as well as optional elements and topics. This relationship is shown in Table 1. The Plan includes a total of seven Elements; two are optional. All of these draft elements are based on the existing Comprehensive Plan, revised to reflect the City Council’s direction regarding vision and goals, as well as input from the PTC’s proposed revisions and public input. The elements included in the June 30, 2017 draft Comprehensive Plan Update are the product of hundreds of hours of work by the Council, the PTC, the Citizens Advisory Committee (CAC), CAC subcommittees, staff, and consultants. Table 1. State-Mandated and Palo Alto Comprehensive Plan Elements State-Mandated Element Comprehensive Plan Element Land Use Land Use & Community Design Circulation Transportation Housing Housing (adopted 2014 – not part of PTC review) Open Space Conservation Noise Natural Environment Safety Safety Optional Elements Business & Economics Community Services & Facilities Note: The previous Safety Element Goals, Policies and programs were part of the 1998 Natural Environment Element. The Comprehensive Plan also includes Governance and Implementation chapters, as well as an introduction and glossary. Source: Planning & Community Environment, September 2017 The City Council recognized the need to update the Plan and initiated the update in 2006. The PTC then spent close to six years working on the Comprehensive Plan Update (from 2008 to 2014), ultimately sending its recommendation to the City Council in April of 2014. Upon receipt of the PTC’s recommendations, 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 community-wide Summit was attended by over 350 people in May 2015, and was followed by creation of the City of Palo Alto Page 6 CAC to engage in further community dialog and inform the Council’s deliberations. Between July 2015 and May 2017, the full CAC met 23 times to review elements of the existing Comprehensive Plan, review recommendations advanced by the PTC, and receive and review community input. The CAC also formed subcommittees to discuss each Element, as well as a Sustainability subcommittee that considered sustainability-related issues in several Elements. There were a total of 29 meetings of CAC subcommittees. All CAC meetings were noticed and open to the public and included time for public comment. The CAC forwarded its recommended draft Comprehensive Plan Update to the Council on May 16, 2017. All meeting materials and minutes from CAC meetings are available here: http://www.paloaltocompplan.org/cac/citizens-advisory-committee/ In addition, the City Council met independently to review elements of the existing Comprehensive Plan, review recommendations advanced by the PTC and the CAC, and receive and review community input. The City Council discussed the Comp Plan goals and vision statements, EIR scenarios, and draft Elements at 24 meetings since 2010. City Council agendas, staff reports, and other relevant materials for Comp Plan discussion items are available here: http://www.paloaltocompplan.org/city-council/ On June 12, 2017, the City Council referred the Comprehensive Plan Update Draft to the PTC for review and a recommendation within 90 days. The draft Plan that was sent to the PTC (referred to in this report as the “June 30, 2017 Draft Plan”) reflects the Citizens Advisory Committee’s (CAC) May 16, 2017 recommendations to the Council and incorporates changes based on Council’s review up to and including the Council meeting on June 12th. At the June 14, 2017 PTC meeting, the PTC passed a motion to focus its 90 day review on the Land Use and Transportation Elements of the Comprehensive Plan Update. The PTC completed its review and recommendations on these two Elements on September 27, 2017, within the 90 day period. The Commission’s report and recommendations were considered by the Council on October 23 and 30. The Comprehensive Plan Update cannot be adopted until the City complies with the California Environmental Quality Act (CEQA), a State law requiring California agencies to identify the significant environmental impacts of their actions and describe feasible measures that can be taken to avoid or mitigate those impacts. Concurrent with the preparation of the Comprehensive Plan Update, the City has prepared what is referred to as a “program-level” EIR (CEQA Guidelines Section 15168), which assesses the potential cumulative impacts of development that may occur during the life of the plan, considers potential alternatives, and identifies mitigation measures that should be adopted to reduce or avoid significant impacts. This is the same level of environmental analysis that was prepared for the existing 1998-2010 Palo Alto Comprehensive Plan. City of Palo Alto Page 7 Discussion With the remaining actions requested, the City Council will consider any final changes to the text of the Comprehensive Plan Update for addition to Attachment A, address CEQA requirements and adopt a new general plan for the City of Palo Alto. Once adopted, the plan would constitute a policy framework to guide decisions about land use and development, transportation, and infrastructure for the next 13 to 15 years. Each requested action is described briefly below, with a focus on any unresolved issues. The List of Corrections and Amendments Attachment A includes an updated list of corrections and changes to the June 30, 2017 Draft of the Comprehensive Plan reflecting the Council’s direction to staff on October 30, 2017. These changes incorporate the PTC’s recommendations and correct mistakes, clarify wording, and shift some programs to policies, primarily to be consistent with the Final EIR mitigation measures. All of these changes were accepted by the City Council on October 30, 2017. In the course of the Council’s discussion on October 30, the Council discussed “community indicators”, which are metrics used to monitor community characteristics over time in order to evaluate the effectiveness of policies about growth management and other things. A series of community indicators were recommended for inclusion in the Comprehensive Plan by the CAC in September 2016 and considered by the Council in January 2017. At that time, the Council decided not to include the community indicators, however the PTC recently recommended their reinstatement and at their meeting on October 30, 2017, the Council agreed on five that should be included. These are reflected in Item 9 in Attachment A. The complete list of indicators recommended by the CAC in September 2016 and considered by the Council in January 2017 is provided at the Council’s request in Table 2, below. Those marked with a “*” were selected for inclusion in the Comprehensive Plan by Council motion on October 30, 2017. The table also indicates which metrics are currently reported on. Table 2. Community Indicators Recommended by the Comprehensive Plan CAC on September 20, 2016 (with additional annotations) Measure Metric CAC Recommended Monitoring Frequency Does Staff Report On Already? Greenhouse Gas Emissions* 80% below 1990 emissions by 2030 (S/CAP goal) At least every 2 years Yes, Earth Day Report Vehicle Miles Traveled (VMT) per Capita* 5% decrease per year At least every 2 years Yes, Earth Day Report Percent of Commute Trips to Employment Centers by 50% trips by SOV, based on employee survey responses Annually No (TMA and SRP report) City of Palo Alto Page 8 Measure Metric CAC Recommended Monitoring Frequency Does Staff Report On Already? Single Occupant Vehicle (SOV) Number of Commute Trips to Employment Centers 40% below ITE standards for Downtown and 30% below ITE standards for SRP. Annually No Corridor Travel Times Typical PM peak hour travel time along 2 major north-south corridors and 2 major east-west corridors At least every 2 years No Commercial District Parking Overflow into Neighborhoods Non-resident parking on sampled residential neighborhood streets Annually No Air Pollutant Levels Maximum 24-hour concentrations of criteria pollutants identified by the Bay Area Air Quality Management District, as reported at the monitoring stations closest to Palo Alto Annually Redwood City Monitoring Station data available Groundwater Contamination Acres of City underlain by shallow groundwater contamination Every 4 years Data is not readily available Jobs/Housing Balance (Expressed as a Ratio of Jobs to Employed Residents)* Ratio of jobs to employed residents Every 4 years Yes Housing Cost Burden Percentage of owners and renters paying more than 50% of household income for housing Every 4 years Every 8 years as part of Housing Element Update Affordability of Housing Stock Number of housing units affordable to moderate-income, low-income, and very-low-income households Every 4 years Every 8 years as part of Housing Element Update Economic Diversity Percentage of households at various household income levels [see Fig. 2-3 in adopted 2015 HE] Every 4 years Every 8 years as part of Housing Element Update Below Market Rate (BMR) Units* Number of units Every 4 years Annually as part of report to HCD. Progress toward Housing Element goals* Annual Report to State Housing and Community Development Department Annually Annually as part of report to HCD. Existing Resident Number of existing units demolished Every 4 years Data on City of Palo Alto Page 9 Measure Metric CAC Recommended Monitoring Frequency Does Staff Report On Already? Displacement demolished units is available Unoccupied Homes Number of homes vacant/unoccupied for longer than 3 months per year Annually No Age Diversity Percentage of population in various age cohorts Every 4 years Census Data every 5 years PAUSD Class Size Class size Annually No – but can report school enrollment PAUSD Satisfaction with Schools Satisfaction ratings as reported by Strategic Plan Survey Annually Data is available Park Acreage per Capita Ratio of district and neighborhood parks per 1,000 population Every 4 years No – Data can be developed by staff Urban Tree Canopy Canopy cover – percent of city covered by trees Every 4 years No – Estimate could be developed by staff Infrastructure or Acres Affected by Sea Level Rise Number of key facilities, major infrastructure, and/or acres of land within the City limits directly affected by sea level rise Every 4 years No Wastewater Reuse Percent of wastewater recycled Every 4 years No Impermeable Surfaces and Stormwater Infiltration in Urbanized Area (Need to determine how this can be measured) Decrease in impervious surface Every 4 years No –Staff will begin tracking in 2018 *Indicates that these items were selected for inclusion in the Comprehensive Plan Update by motion of the City Council on October 30, 2017. Source: Comp Plan CAC, September 2016 with annotations indicating measures included in the Comprehensive Plan Update by City Council Motion October 30, 2017. On October 30, 2017, the Council also requested that City staff recommend up to three additional indicators for inclusion in the Comprehensive Plan. Staff will provide these recommendations in an “at places” memo prior to the Council’s discussion on November 13th. EIR Certification Preparation of an EIR is a time-consuming process, involving many steps, each of which takes considerable time. In the case of the Comprehensive Plan Update EIR, the process began with issuance of a Notice of Preparation (NOP) in mid-2014. At that time, the Comprehensive Plan Update project was described as an update of the existing plan to include themes related to City of Palo Alto Page 10 sustainability and other Council priorities, updated transportation infrastructure improvements, and goals, policies and programs developed through a community review process. The CEQA process, which evaluated several planning scenarios in detail, was used in part to help inform the development of the specific policies in the Comprehensive Plan Update. The entire process, including City Council sessions to discuss the EIR and EIR scenarios is summarized in Table 3, below. Table 3. City Council EIR Review – Key Dates Date Action July 28, 2008 City Council and Planning & Transportation Commission held a joint study session on the work program for the Comp Plan and EIR May 30, 2014 Notice of Preparation issued for the Draft EIR August 4, 2014 City Council scoping session on the Draft EIR August 6, 2014 City Council continued scoping session on the Draft EIR January 19, 2016 City Council and Citizens Advisory Committee held a joint study session on the Draft EIR; City Council discussed two new Comp Plan scenarios (Scenarios 5 & 6) for analysis in the EIR February 5 to June 8, 2016 124-day Public comment period for the February 2016 Draft EIR February 8, 2016 City Council continued discussion of Scenarios 5 & 6 May 16, 2016 City Council provided staff with basic parameters for Scenarios 5 & 6 June 6, 2016 City Council public comment hearing on the February 2016 Draft EIR January 30, 2017 City Council directed staff to develop a preferred scenario for inclusion in the Final EIR and defined some of its characteristics (regarding housing sites, non-residential development cap, transportation investments, etc.) February 10 to March 31, 2017 49-day Public comment period for the Supplement to the Draft EIR March 20, 2017 City Council public comment hearing on the Supplement to the Draft EIR August 30, 2017 Final EIR transmitted to the PTC and City Council. Made available at libraries, City Hall and to commenters. September 27, 2017 PTC recommended that the City Council certify the Final EIR. Source: Planning & Community Environment, September 2017 The Final EIR was published in late August 2017 and was available for PTC review in September along with its review of the Comprehensive Plan Update. The Final EIR responds to comments on the February 2016 Draft EIR and the Supplement to the Draft EIR, describes the “preferred City of Palo Alto Page 11 scenario” based on the Council’s input on March 27, 2017 and May 1, 2017, and presents revisions to the February 2016 Draft EIR and the Supplement to the Draft EIR. For a good summary of the EIR’s conclusions, please see Table 1-3, Summary of Impacts and Mitigation Measures, in the Final EIR. This table is reprinted from the Supplement to the Draft EIR with revisions resulting from the public review process. Where changes have been made, they are shown in strikethrough and underline. As shown in Table 1-3, several adjustments have been made to the mitigation measures in the EIR. Most of these revisions are to ensure that implementation of mitigation measures is consistent with the policy approach arrived at through the Comprehensive Plan Update process. None of these revisions weaken the effectiveness of mitigation measures. The approach that the City has taken to include policies in the plan to mitigate impacts identified in the CEQA process is a standard best practice for program-level EIRs that evaluate general plans. By doing so, the plan becomes largely “self-mitigating” because decisions that are made subsequent to plan adoption are evaluated for conformity with the plan and thus must adhere to policies that are protective of the environment. As explained further below, the CEQA findings in Attachment C provide a detailed crosswalk between the EIR mitigation measures and the plan policies, showing which policies and programs effectuate the required mitigation and where additional actions (i.e. not just plan policies) are needed. Chapter 2 of the Final EIR includes a good summary of the Preferred Alternative and a comparison to other EIR scenarios (See Table 2-4). The Preferred Alternative, or the preferred project, grew out of a planning process built around multiple different alternatives or “scenarios” used to test various policy ideas being considered by the CAC, the City Council, and the community. As Chapter 2 of the Final EIR indicates, elements of the Preferred Alternative have been part of the community conversation about the Comprehensive Plan Update and part of the EIR’s analysis from the very beginning. By analyzing multiple alternatives at an equal level of detail, the City went above and beyond what is required by CEQA and by using the alternatives analysis to craft the final preferred alternative, the City used CEQA as it was meant to be used – as an integral part of its decision making process (California Government Code Section 21006). The City received 29 comment letters on the February 2016 Draft EIR and 18 letters on the Supplement to the Draft EIR, as well as oral comments made during public meetings. Chapter 5 of the Final EIR provides responses to every comment received on the EIR. Chapter 5 of the Final EIR also contains three “master responses” that provide comprehensive responses to common topics that arose in the comments received:  Master Response 1 addresses comments related to the merits of the Comp Plan Update, as opposed the EIR analysis. Because CEQA does not require the Final EIR to respond to City of Palo Alto Page 12 comments on the merits of the proposed project, Master Response 1 explains how the City considers these non-CEQA comments.  Master Response 2 addresses comments that requested that the EIR analysis include recent cumulative projects and plans in nearby jurisdictions that have been proposed or approved since the Notice of Preparation (NOP) for the Comprehensive Plan EIR was issued. The response explains that the EIR analysis is based on regional projections that are large enough to accommodate planned and approved projects in the region through the year 2030.  Master Response 3 addresses comments regarding the EIR’s analysis of impacts to schools. The response corrects and supplements information presented in the Supplement to the Draft EIR and responds to specific comments from the School District and others on the scope and conclusions of the analysis. A brief summary of EIR-related comments received at the October 30, 2017 Council meeting has been included with responses as Attachment G. To ensure that the EIR is responsive to concerns regarding potential impacts to schools, the City has coordinated with the Palo Alto Unified School District (PAUSD) at various junctures in the EIR process. Master Response 3 summarizes the information received from the public and PAUSD during the EIR’s public review period. Since preparing the Final EIR, the City has also received additional data from the PAUSD regarding school capacity (see Attachment F). The updated capacity data is intended to capture factors that lower the effective capacity of schools, and varies from the capacity data presented in the EIR as follows: elementary school capacity is lower than presented in the EIR by approximately 1,000 students, middle school capacity is the same as presented in the EIR, and high school capacity is lower by 100 students. This reduced capacity data is important for planning purposes but does not substantively affect the conclusions of the EIR, which as required by State statute, concludes that the payment of school fees would offset and mitigate potential impacts to schools. Importantly, the City Council has addressed the issue of school impacts as a policy matter by including a related policy in the draft Plan: 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. Under CEQA, the City Council must consider and “certify” the Final EIR prior to making a City of Palo Alto Page 13 decision on the plan itself. The Resolution in Attachment B would accomplish this and certify that the EIR: (1) has been completed in compliance with CEQA, (2) was presented to the Council and reviewed and considered by them prior to making a decision on the project, and (3) reflects the City’s independent judgement and analysis. Certifying the EIR does not commit the City to any specific course of action, but makes it possible for the Council to consider adoption of the Comprehensive Plan Update itself. As the Council is aware, CEQA anticipates the potential that agencies will approve projects with significant and unavoidable impacts, and allows agencies to do so if they adopt findings that the project’s benefits outweigh the impacts; this is referred to in CEQA as a statement of overriding considerations. These findings are included in Attachment C, and are necessitated because the actions and development contemplated under the Comprehensive Plan Update will have significant and unmitigable impacts related to: contributions of air pollutants to a region that is in “non-attainment” for ozone and particulates; contributions to traffic congestion at area intersections; contributions to traffic congestion at freeway ramps; and transit delays due to traffic congestion. In all cases, the City is proposing to implement mitigation measures, and is conservatively concluding that the impact will remain significant even after mitigation. As noted in the proposed findings, these conclusions would be the same for virtually any plan (and any planning scenario) proposed in the region if it were analyzed using the same thresholds of significance. In other words, there is no getting away from the fact that we live in a congested region and that any programmatic EIR that fairly examines cumulative growth over a period of time will conclude there are unmitigable impacts. CEQA Findings Under CEQA, the City Council must also make certain “findings” as part of a decision to undertake a project for which an EIR has been prepared. The Resolution in Attachment C contains these findings, which include:  Findings concerning significant impacts and mitigation measures,  Findings concerning the infeasibility of alternatives,  A statement of overriding considerations, and  Adoption of a mitigation monitoring and reporting program (MMRP). The findings concerning significant impacts and mitigation measures summarize each impact identified in the EIR, describe the applicable mitigation measures, and state the findings on the significance of each impact after imposition of the mitigation measures. The findings concerning the infeasibility of alternatives explain that there are no feasible alternatives that would substantially lessen the significant impacts of the project and the City of Palo Alto Page 14 statement of overriding considerations states that there are specific project benefits that outweigh the significant and unavoidable impacts. The MMRP is a program spells out how the City will implement and monitor measures that the EIR incorporates to mitigate or avoid significant environmental effects. In many cases, these mitigation measures are being implemented by adopting Comprehensive Plan policies that specifically address the impact identified. For example, policies in the plan regarding land use compatibility ensure that future developments -- and future capital projects -- are designed to ensure compatibility and these policies will be implemented as these future projects are reviewed for conformance with the adopted Comprehensive Plan. In some cases, the mitigation measures are implemented by making changes to the City’s CEQA procedures or sections of the Municipal Code and the MMRP provides a timeline for these actions. The June 30, 2017 Comprehensive Plan Update On June 12, 2017, City Council referred the current draft of the Comprehensive Plan Update to the PTC for review and a recommendation. The June 30, 2017 draft Plan reflects the Citizens Advisory Committee (CAC) May 16, 2017 recommendations to the Council and incorporates changes based on Council review. Following Council adoption of the Comprehensive Plan, staff and consultants will create the final Comprehensive Plan by making any substantive changes to Plan that are directed by Council motion, including the corrections and changes listed in Attachment E if or as directed by the City Council. As noted in the recommendation section, above, staff also recommends non- content (formatting) revisions to create the final Plan. These non-content revisions include:  A graphically rich cover  An Acknowledgement section  An index  Formatting clean-ups, such as updating the footer on each page to say “Adopted [date]” Agency Consultation A key part of any general plan update consists of consultation with State and regional agencies and Native American tribes, as required by various sections of the California Government Code. Consistent with these requirements, staff provided notice to Native American Tribes in early February, and copies of the Safety and Natural Environment Elements to State agencies in early August 2017. Notice to adjacent cities, LACFO, PAUSD, and other agencies were provided in late-September. All periods for agency comments (45-days in some cases and 90 days in others) will close prior to the Council’s hearing on November 13, 2017. In staff’s experience, the City may receive last City of Palo Alto Page 15 minute comments from one or more agency that require immediate responses or revisions. If this is the case, staff will provide a recommendation for the Council’s consideration. The City recently received a letter with comments from San Francisco Public Utilities Commission (SFPUC), which is included as Attachment E. Staff will provide a response and recommend additional language for inclusion in the Comprehensive Plan in an “at places” memo prior to the City Council meeting on November 13th. Implementation Priorities The Implementation Chapter of the Comprehensive Plan repeats implementation programs included in all Elements of the Plan and the City Council has reviewed the programs in that context. The implementation table also identifies the lead department or agency for each program, as well as each item’s relative priority and level of effort. These notations (department, relative priority, level of effort) have not been previously reviewed by the City Council and currently reflect relative priorities as they were identified by the CAC. While the City Council’s input on this Chapter is welcome as part of plan adoption, the Chapter is intended to be reviewed and revised on an annual basis. Staff’s recommendation is to (1) schedule a separate, in depth discussion of the table in 2018, and (2) identify a few key priorities that the City Council would like to prioritize in the interim. The Implementation Chapter is a key mechanism to link the Comprehensive Plan to Palo Alto’s budget process. The priorities, timing and resource estimates in this chapter are intended to be modified depending on the city’s budget, available staff resources and other changes over time and do not require a Comprehensive Plan Amendment. The PTC is scheduled to review and provide a report on this chapter before the end of the year and the Council will have an opportunity for in depth review upon receipt of the PTC’s annual report. The specific interim actions that staff recommends that the City Council prioritize include: 1. consideration of an updated nexus study and Transportation Impact Fee ordinance by the Finance Committee and the Council; 2. consideration of the first of several implementing ordinances to amend the Zoning Ordinance to address Comprehensive Plan programs, prioritizing programs related to housing production and preservation (for example, incentives for small units, preserving cottage clusters, minimum densities in multifamily zoning districts, etc.); 3. consideration of actions necessary to initiate a Coordinated Area Plan for the North Ventura (aka Fry’s) area; and 4. initiation of discussions with Stanford University about the potential for developing housing in the Stanford Research Park, Stanford Shopping Center, and Stanford University Medical Center vicinity. City of Palo Alto Page 16 These items are recommended for prioritization based on individual Councilmember statements during hearings on the Comprehensive Plan and the EIR, and the Council as a whole may alter these immediate priorities or defer discussion on them if desired. Many communities follow adoption of a new general plan with an update of their zoning ordinance. Staff recommends Palo Alto address necessary changes with a series of ordinances addressing different subjects, with the first one focusing on housing. If Council wishes to take an alternate approach, staff will need to return with a detailed scope and cost estimate. Policy Implications 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 Update has been crafted by the Citizens Advisory Committee, Planning and Transportation Commission, and the City Council to perpetuate the overall vision and values of the current plan, while updating some of its goals, policies, and implementation programs. 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 in accordance with the current schedule, which envisions plan adoption before Thanksgiving and publication (searchable pdf and hard copies) thereafter. Additional budgetary resources – and a contract amendment -- would be required if the City Council wishes staff to work with the consultants to develop an interactive, on-line “users guide” as originally envisioned. Timeline/Next Steps Tonight’s hearing is the third and final hearing scheduled for plan adoption. If the Council cannot complete the requested actions this evening, staff requests that a special hearing be scheduled to do so before Thanksgiving. Only the requested direction regarding future implementation tasks may be deferred to 2018 without resulting in an extended delay because of a new State law (SB 1000) effective January 1, 2018 that would require revisions to the Draft Plan to address environmental justice. Environmental Review A Final Environmental Impact Report (EIR) has been prepared and is proposed for certification. The Final EIR responds to substantive comments on the Draft EIR and the Supplement to the Draft EIR and describes the “preferred scenario” based on the Council’s input this spring. Following certification of the Final EIR, the City Council will consider adoption of CEQA findings, including adoption of mitigation measures, a statement of overriding considerations, and a mitigation monitoring and reporting program (MMRP). Attachments: City of Palo Alto Page 17 Attachment A: Council Approved Comp Plan Revisions (DOCX) Attachment B: EIR Resolution (PDF) Attachment C: Comp Plan EIR CEQA Findings (PDF) Attachment D: Comp Plan Updated Resolution (PDF) Attachment E: 10/31/17 SFPUC Comments on Draft Comp Plan (PDF) Attachment F: Public Letters to Council (PDF) Attachment G: Responses to EIR Comments from October 30, 2017_Final (DOCX) Attachment A: Comp Plan Revisions Based on Council Actions on October 30, 2017 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE1 1 Program L1.3.1Policy L-1.4: Commit to creating an inventory of below market rate housing for purchase and rental. 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. PTC Priority 1 2 Move the following policies and programs from the Business and Economics Element to the Land Use Element under Goal L-4, and re-number both Elements accordingly:  Policy B-2.1: Support local-serving retail, recognizing that it provides opportunities for local employment, reduced commute times, stronger community connections and neighborhood orientation.  Program 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.  Program 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.  Program 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. PTC Priority 2 1 For PTC Priority and PTC Consensus Comments, see the October 23, 2017 Council staff report and Attachment A, available here: http://www.cityofpaloalto.org/civicax/filebank/documents/61486 For Errata table, see Attachment E of the October 23, 2017 Council staff report, available at the link above. For original proposed revisions in response to PTC Priority and PTC Consensus Comments and the Errata, see Table X in the October 30, 2017 Council staff report, available here: http://www.cityofpaloalto.org/civicax/filebank/documents/61767 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE1  Program B4.6.3: Maintain distinct neighborhood shopping areas that are attractive, accessible and convenient to nearby residents. 3 New Program L2.4.8: Identify development opportunities for BMR and more affordable market rate housing on publicly-owned properties in a way that is integrated with and enhances existing neighborhoods. PTC Priority 3 4 New Program L4.6.2: Study the feasibility of converting parts of University Avenue to a pedestrian zone. PTC Priority 5 5 New Program T1.2.5: Pursue full participation of Palo Alto employers in the TMA. PTC Priority 6 6 This will be accomplished through the changes to Program L1.3.1, now Policy L-1.4, in comment PTC Priority 1 above. PTC Priority 7 7 Policy L-1.21: Maintain and strengthenprioritize Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. Move and renumber Policy L-1.1 to L-1.2. No change to policy content. PTC Priority 8 8 Revise the Introduction page I-2 as follows: 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 in residential neighborhoods, commercial centers, and employment districts, and enhance and improve those areas where these features are lacking. Future land use decisions will encourage sustainable development, preserve neighborhoods, foster inviting pedestrian-scale commercial centers and distinct employment districts, and focus infill within the Urban Service Area. In addition, see revisions proposed in response to PTC Consensus 1 (to place more PTC Priority 10 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE1 emphasis on creating neighborhoods) and PTC Priority 2 (to strengthen policies supporting walkable neighborhoods to ensure that space for professional and personal services as well as retail uses is available) 9 Add a targeted list of Community Indicators: MEASURE METRIC RECOMMENDED MONITORING FREQUENCY Greenhouse Gas Emissions 80% below 1990 emissions by 2030 (S/CAP goal) Annually as part of Earth Day Report Vehicle Miles Traveled (VMT) per Capita Decrease year over year Annually as part of Earth Day Report Jobs/Housing Balance (Expressed as a Ratio of Jobs to Employed Residents) Ratio of jobs to employed residents Every 4 years Below Market Rate (BMR) Units Number of units Annually as part of report to California Dept. of Housing and Community Development (HCD) Progress toward Housing Element goals Annual Report to State Housing and Community Development Department Annually as part of report to California Dept. of Housing and Community Development (HCD) PTC Priority 11 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE 10 Revise Land Use Element Introduction on Page L-1: The Land Use and Community Design Element … includes policies and programs intended to balance natural resources with future community needs in a way that makes optimal use of available land, to create attractive buildings and public spaces that reinforce Palo Alto’s sense of place and community, to preserve and enhance quality of life and services in Palo Alto neighborhoods and districts, to support thriving commercial areas that meet the needs of local residents, and to maintain Palo Alto's role in the success of the surrounding region. Revise Policy L-1.6: Use coordinated area plans to guide development, such as to create or enhance cohesive neighborhoods in areas of Palo Alto where significant change is foreseeable. Address both land use and transportation, define the desired character and urban design traits of the areas, identify opportunities for public open space, parks and recreational opportunities, address connectivity to and compatibility with adjacent residential areas; and include broad community involvement in the planning process. [NEW POLICY] [L8] Revise Policy L-2.3: As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes, integrated into neighborhoods and designed for greater affordability, particularly smaller housing types, such as studios, co-housing, cottages, clustered housing, accessory dwelling units and senior housing. [(Previous Policy L-13) (Combined with [L47], which is also about encouraging small units/mix of types)] [L18] Revise Policy L-2.4: Use a variety of strategies to stimulate housing, near retail, employment, and transit, in a way that connects to and enhances existing neighborhoods. [NEW POLICY] [L19] PTC Consensus 1 11 Revise Transportation Element narrative, page T-2: Technology has a role to play, whether providing up-to-the-minute information to inform choices or in delivering new and better modes of travel. Improvements to the bicycling and pedestrian environment will help encourage more people to bike and walk on a regular basis. However, the Transportation Element does not rely on future technological innovations to solve local congestion. Facilitating a shift to alternative modes of transportation will require creative collaboration among transit agencies, employers and local jurisdictions as well as residents and commuters themselves. Revise Policy T-1.3: Reduce GHG and pollutant emissions associated with transportation by reducing VMT and per-mile emissions through increasing transit options, supporting biking and walking, and through the use of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030. PTC Consensus 3 12 Add a new bullet to Program T1.2.2:  Ensure a stable, sustained funding source to support implementation of TDM measures. PTC Consensus 6 13 Policy T-6.6: Use engineering, enforcement and educational tools to improve traffic safety for all users on City roadways. Program T6.6.2: Continue to provide educational programs for children and adults, in partnership with community-based educational organizations, to promote safe walking and the safe use of bicycles, including the City-sponsored bicycle education programs in the public schools and the bicycle traffic school program for juveniles. PTC Consensus 8 14 New Policy: Coordinate proactively with the California HSR Authority and Caltrain to minimize negative impacts and maximize benefits to Palo Alto from any future HSR service through Palo Alto. PTC Consensus 9 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE 15 Add inside front cover: General City Information: (650) 329-2100 Planning & Community Environment Department: (650) 329-2442 http://www.cityofpaloalto.org/iwantto/ http://www.cityofpaloalto.org/services/paloalto311/ Errata 1 16 Table of Contents: A foot note shall be added: “The Housing Element is incorporated into the Comprehensive Plan and can be found at: http://www.cityofpaloalto.org/civicax/filebank/documents/37935. Errata 2 17 Regional Commercial Designation: Regional/Community Commercial: Larger shopping centers and districts that have a wider variety of goods and services than the neighborhood shopping areas. They rely on larger trade areas and include such uses as department stores, bookstores, furniture stores, toy stores, apparel shops, restaurants, theaters and non-retail services such as offices and banks. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. Non-retail uses such as medical and dental offices and software development may also locate in this designation; software development may also locate Downtown. Examples include Stanford Shopping Center, Town and Country Village and University Avenue/Downtown. In some locations, residential and mixed use projects may also locate in this category. Non-residential FARs range from 0.35 to 2.0. Errata 3 19 Map L-3: City Structure : See revised map L-3 Errata 4 19 Map L-6: Land Use Designations: Modify the land use designation for the former Hyatt Rickey’s site to remove the Hotel Overlay (see attached map), so that the property is designated only Multifamily Residential. Errata 5 20 Revise page L-2: The success of the programs in the Natural and Urban Environment and Safety Elements is are largely dependent on land use decisions that protect the environment as well as people and property. Errata 6 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE 21 Reword Program L-2.4.2 to read: 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. Reword Program L-2.4.3 to read: Allow housing on the El Camino Real frontage of the Stanford Research Park. Explore multi-family housing elsewhere in the Stanford Research Park and near Stanford University Medical Center (SUMC). Errata 7 22 Move Policy L-2.9 to become Policy L-4.2 Preserve ground-floor retail, limit the displacement of existing retail from neighborhood centers and explore opportunities to expand retail. Put Programs L4.1.1 and L4.1.2 under this policy and renumber them program LL4.2.1 and L4.2.2 Errata 8 23 Program L4.8.1: Prepare a coordinated area plan for the Fry's site North Ventura area and surrounding California Avenue area. The plan should describe a vision for the future of the Fry's site North Ventura area 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. Errata 9 24 Policy L-5.4: Maintain the East Bayshore and San Antonio Road/Bayshore Corridor areas as diverse business and light industrial districts with the approved East Meadow Circle Concept Plan (Appendix Y of this Comprehensive Plan). Errata 10 25 Policy L-6.5: Guide development to respect views of the foothills and East Bay hills from along public streets corridors in the developed portions of the City. Errata 11 26 Program L-6.6.1: Modify design standards for mixed use projects to ensure that mixed use development promotes 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. Errata 12 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE 27 Program L7.8.3 Policy L7.11: 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. Errata 13 28 Policy L-7.17: Require project proponents to meet State codes and regulations regarding the identification and protection of archaeological and paleontological deposits, and unique geologic features. Errata 14 29 L-9.10 Recognize the urban forest as City infrastructure to be maintained in accordance with applicable guidelines and requirements. [NEW POLICY] [L138] Errata 15 30 Revise Transportation Element page T-3: The use of transportation services is beginning to replace private vehicle ownership in the region, led by a number of prominent ride sharing and e-hailing car servicestransportation network companies (like Uber and Lyft) that connect passengers to drivers in private vehicles. Revise Glossary page 52: Transportation Network Companies Companies that connect passengers (often via websites and phone applications) with drivers who provide transporation in the driver’s non-commercial vehicle. Also known as “mobility service provders” or “ridesharing companies.” Errata 16 31 Revise Program T1.2.2:  Establish a mechanism to monitor the success of TDM measures and track the cumulative reduction of peak hour motor vehicle trips. TDM measures should at a minimum achieve the following reduction in peak hour 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 and size: - 50 45 percent reduction in the Downtown district - 35 percent reduction in the California Avenue area Errata 17 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE - 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  Require new development projects to pay a Transportation Impact Fee for all those daily peak-hour 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. 32 Program T1.12.3: Work with VTA to 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. Errata 18 33 Program T2.3.1: When adopting new CEQA significance thresholds for VMT for compliance with SB 743 (2013), adopt standards for vehicular LOS analysis for use in evaluating the consistency of a proposed project with the Comprehensive Plan, and also explore desired standards for MMLOS, which includes motor vehicle LOS, at signalized intersections for use in evaluating the consistency of a proposed project with the Comprehensive Plan. Errata 19 34 GOAL T-4 Protect local streets that contribute to neighborhood character and provide a range of local transportation options. Errata 20 35 Program T4.2.1 Policy T4.3: Identify specific improvements that can be used to discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. Errata 21 36 Policy T-5.12: To promote bicycle use, increase the number of safe, attractive and well- designed bicycle parking spaces available in the city, including spots for diverse types of bicycles and associated equipment, including bicycle trailers, prioritizing heavily travelled areas such as commercial and retail centers, employment districts, recreational/cultural facilities, multi-modal transit facilities and ride share stops for bicycle parking infrastructure. Errata 22 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE 37 Program 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 including all designated school commute corridors. [NEW PROGRAM] [T135] Errata 23 38 Policy T-8.1: Engage in regional transportation planning to reduce congestion and reduce single-occupant vehicle trips, and advocate for specific transit improvements and investments, such as Caltrain service enhancements and grade separations, Dumbarton Express service, enhanced bus service on El Camino Real with queue jumping and curbside platforms, HOV/HOT lanes and additional VTA bus service. Program T8.6.21.2.2: Advocate for improved connectivity to transit to serve workers who live in the South Bay and work in Palo Alto. Policy T-8.2 Participate in regional planning initiatives for the rail corridor and provide a strong guiding voice. Policy T-8.3 Collaborate effectively with and engage in regional partnerships and solutions with a range of stakeholders, including regional agencies, neighboring jurisdictions and major employers, on issues of regional importance such as traffic congestion, reduced reliance on single-occupant vehicles and sustainable transportation. Program 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. Policy T-8.4: Coordinate with local and regional agencies and Caltrans to support regional efforts to maintain and improve transportation infrastructure in Palo Alto, including the Multi-Modal Transit Center. Policy T-8.5 Support the efforts of MTC to coordinate transportation planning and Errata 24 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE services for the Mid-Peninsula and the Bay Area that emphasize alternatives to the automobile. Policy T-8.6: Advocate for efforts by Caltrans and the Valley Transportation Authority to reduce congestion and improve traffic flow on existing freeway facilities consistent with Statewide GHG emissions reduction initiatives. (Comp Plan Draft EIR Mitigation Measure Trans-3b)] Program 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. Policy T-8.7: Support the application of emerging freeway information, monitoring and control systems that provide non-intrusive driver assistance and reduce congestion. (Comp Plan Draft EIR Mitigation Measure Trans-3b)] Policy T-8.8: Where appropriate, support the conversion of existing traffic lanes to exclusive bus and HOV lanes or Express/HOT lanes on freeways and expressways, including the Dumbarton Bridge, and the continuation of an HOV lane from Redwood City to San Francisco. (Comp Plan Draft EIR Mitigation Measure Trans-3b)] Policy T-8.9: Support State and federal legislation to reduce motor vehicle emissions, noise and fuel consumption. Policy T-8.10: Support plans for intra-county and transbay transit systems that link Palo Alto to the rest of Santa Clara County and adjoining counties. Ensure that these systems and enhancements do not adversely impact the bay. Program T8.10.1: Work with regional transportation providers, including BART and Caltrain, to improve connections between Palo Alto and the San Francisco CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE International Airport and Norman Y. Mineta San Jose International Airport. Policy T-8.11: Support regional bicycle and pedestrian plans, to complete including development of the Bay Trail, and the Bay-to-Ridge Trail, and the Santa Clara County Countywide Bicycle System. Policy T-8.12 Support the development of the Santa Clara County Countywide Bicycle System, and other regional bicycle plans. 39 Program N4.7.2 Policy N-4.9: Work with neighboring jurisdictions and regional agencies to protect groundwater. Errata 25 40 Program N5.1.2 Policy N-5.5: 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. Errata 26 41 NEW POLICY N-5.5: Mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District’s applicable threshold of significance. When siting new sensitive receptors such as schools, day care facilities, parks or playgrounds, medical facilities and residences within 1,000’ of stationary sources of toxic air contaminants or roadways used by more than 10,000 vehicles per day, require projects to consider potential health risks and incorporate adequate precautions such as high-efficiency air filtration into project design. Errata 27 42 Program N6.12.1: Continue working to reduce noise associated with operations of the Palo Alto Airport. Also, eEnsure 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. Errata 28 43 Program N6.11.1: 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 a vibration impact analysis, as well as formal, ongoing monitoring and reporting of noise Errata 29 CHANGE ID APPROVED REVISIONS TO JUNE 30, 2017 DRAFT COMP PLAN SOURCE levels, throughout the entire construction process, pertinent to industry standards. 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. [(NEW PROGRAM)(Comp Plan Draft EIR Mitigation Measure NOISE-1c, 5a)] [N152] 44 Safety Element narrative , page S-12: UTILITIES In Palo Alto, utility services are provided by The City of Palo Alto Utilities (CPAU), a city- owned utility. Today, CPAU provides six services that include electric, fiber optic, natural gas, water and wastewater services. Initially formed in 1896 with the installation of a water supply system, CPAU expanded between the years 1898 and 1917 to include wastewater, electric, and natural gas distribution services; in 1996 it began to provide fiber optic services. Through its mission to provide safe, reliable, environmentally sustainable and cost effective services to Palo Alto residents, CPAU offers cost-effective service rates to residents and re-invests proceeds to support other City community services and facilities. For example, CPAU provides financial support to the Palo Alto library and parks system, as well as to support police and fire protection services. Errata 30 45 Program S-1.10.3: Implement the mitigation strategies and guidelines provided by the LHMP, including those that address evolving hazards resulting from climate change. Errata 31 46 Program S-2.8.3 Policy S-2.9: Partner with appropriate agencies to expand flood zones as appropriate due to sea level rise, changes in creek channels, street flooding or storm drain overload due to increased likelihood of extreme storm events caused by climate change. Errata 32 47 Glossary, page 26: Infill: Development of individual vacant lots or underused lots leftover vacant properties within areas that are already developed in built up sites or areas. Errata 33 Not Yet Approved 170901 jb Lee/Planning/LongRange/Comp Plan Resolution No _____ Resolution of the Council of the City of Palo Alto Certifying Adequacy of the Final Environmental Impact Report for the City of Palo Alto Comprehensive Plan Update in Accordance with the California Environmental Quality Act RECITALS A. The City of Palo Alto, a chartered municipal corporation (“City”) has prepared that certain comprehensive update to its general plan, entitled “Our Palo Alto 2030” (referred to herein as the “Comprehensive Plan Update”), proposed for approval and adoption by the City Council. B. Approval of the Comprehensive Plan Update would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state implementation guidelines promulgated thereunder (“CEQA”). C. The City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to provide an assessment of the potential environmental consequences of adopting and implementing the proposed Comprehensive Plan Update and associated zoning amendments. The environmental review process under CEQA commenced and was undertaken concurrently with the preparation and consideration of the Comprehensive Plan Update. D. A Draft Environmental Impact Report (“Draft EIR”) for the Comprehensive Plan Update was prepared analyzing four alternatives (also referred to as “scenarios”) in equal level of detail, and was circulated for public review from February 5, 2016 to June 8, 2016. The City held several public hearings to receive comments on the Draft EIR. E. During the Comprehensive Plan development and review process, the City Council directed the evaluation of two additional alternatives or scenarios, which were subsequently analyzed in a Supplement to the Draft EIR that was circulated for public review from February 10, 2017 to March 31, 2017, during which time the City Council and Planning and Transportation Commission held additional public hearings to receive comments on the Draft EIR and the Supplement. F. Through its review of the Citizens Advisory Committee’s recommendations over several duly noticed public hearings, the City Council identified the parameters of the preferred alternative for the Comprehensive Plan Update. G. A Final Environmental Impact Report was prepared, which Final Environmental Impact Report is comprised of the Draft EIR dated February 5, 2016, together with the Supplement to the Draft EIR dated February 10, 2017, and the Final Environmental Impact Report dated August 30, 2017 (collectively, all of said documents are referred to herein as the “Final EIR”). H. Prior to the adoption of this Resolution, the Planning and Transportation Commission of the City of Palo Alto, on September 27, 2017, reviewed the Final EIR prepared for the Comprehensive Plan Update (also sometimes referred to herein as the “Project”), held a public hearing, and recommended to the City Council that it certify and find the Final EIR was completed in accordance with the requirements of CEQA. Not Yet Approved 170901 jb Lee/Planning/LongRange/Comp Plan I. Public notice was duly given that on October 23, 2017 at 5:00 p.m. in the Council Chambers at City Hall, 285 Hamilton Avenue, Palo Alto, California, the Council would hold a public hearing where interested persons could appear, be heard, and present their views with respect to the proposed Comprehensive Plan Update and the Final EIR, and at the noticed date and time, the Council gave all persons full opportunity to be heard and to present their views with respect to the proposed Comprehensive Plan Update and the Final EIR. J. The Council is the decision-making body for adoption of the proposed Comprehensive Plan Update. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALO ALTO AS FOLLOWS: The City Council (hereinafter the “Council”), in the exercise of its independent judgment as the decision-making body for the City of Palo Alto as Lead Agency, makes and adopts the following findings and certifications in compliance with the requirements of CEQA: 1. The Council has independently reviewed and considered the Final EIR. 2. The Council does hereby find and certify that the Final EIR has been prepared and completed in compliance with CEQA. 3. The Council does hereby find and certify that the Final EIR reflects the City of Palo Alto’s independent judgment and analysis. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Planning and Community Environment Not Yet Approved 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 1 Resolution No _____ Resolution of the Council of the City of Palo Alto Making Certain Findings Concerning Significant Environmental Impacts, Mitigation Measures and Alternatives, Adopting a Mitigation Monitoring and Reporting Program, and Adopting a Statement of Overriding Considerations for the Comprehensive Plan Update, For Which an Environmental Impact Report Was Prepared in Accordance with the California Environmental Quality Act RECITALS A. The City of Palo Alto, a municipal corporation (“City”) has prepared that certain comprehensive update to its general plan, entitled “Our Palo Alto 2030” (referred to herein as the “Comprehensive Plan Update”), proposed for approval and adoption by the City Council. B. Approval of the Comprehensive Plan Update would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state implementation guidelines promulgated thereunder (“CEQA”). C. The City Council, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to provide an assessment of the potential environmental consequences of adopting and implementing the proposed Comprehensive Plan Update and associated zoning amendments. D. The environmental review process under CEQA commenced and was undertaken concurrently with the preparation and consideration of the Comprehensive Plan Update, which included the participation of a Citizens Advisory Committee (“CAC”) that met for almost two years and hearings before the City Council to consider the CAC recommendations. This process allowed the Comprehensive Plan Update to take into account any potential environmental impacts identified in the EIR and include policies to address those impacts. E. A Draft Environmental Impact Report (“Draft EIR”) for the Comprehensive Plan Update was prepared analyzing four alternatives (also referred to as “scenarios”) in equal level of detail. The Draft EIR was circulated for public review from February 5, 2016 to June 8, 2016, during which time the City held several public hearings to receive comments on the Draft EIR. F. During the Comprehensive Plan development and review process, the City Council directed the evaluation of two additional alternatives or scenarios, which were subsequently analyzed in a Supplement to the Draft EIR that was circulated for public review from February 10, 2017 to March 31, 2017, during which time the City Council and Planning and Transportation Commission held additional public hearings to receive comments on the Draft EIR and the Supplement. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 2 G. After receiving the CAC’s recommendations on the Comprehensive Plan Update, the City Council identified the parameters of the preferred alternative through several public hearings. H. A Final Environmental Impact Report was prepared, which Final Environmental Impact Report is comprised of the Draft EIR dated February 5, 2016, together with the Supplement to the Draft EIR dated February 10, 2017, and the Final Environmental Impact Report dated August 30, 2017 (collectively, all of said documents are referred to herein as the “EIR”). I. Prior to the adoption of this Resolution, the Planning and Transportation Commission of the City of Palo Alto, on September 27, 2017, reviewed the EIR prepared for the Comprehensive Plan Update (also sometimes referred to herein as the “Project”), held a public hearing, and recommended to the City Council that it certify and find the Final EIR was completed in accordance with the requirements of CEQA. J. On ___________, the Council held a duly noticed public hearing on the Comprehensive Plan Update and EIR, and certified the EIR in accordance with CEQA by adoption of Resolution No. _______. K. The Council is the decision-making body for adoption of the proposed Comprehensive Plan Update. L. CEQA requires that in connection with approval of a project for which an environmental impact report has been prepared that identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those effects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALO ALTO AS FOLLOWS: The City Council, in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of CEQA, including Sections 15091, 15092, and 15093 of the CEQA Guidelines, based upon the entire record of proceedings for the Project. All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph and in the recitals above. 1. The City Council was presented with, and has independently reviewed and analyzed the EIR and other information in the record and has considered the information contained therein prior to acting upon and approving the Project, and bases the findings stated below on such review. 2. The EIR provides an adequate basis for considering and acting upon the Comprehensive Plan Update Project. The City Council has considered all of the 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 herein, the City Council certifies that it has complied with Public Resources Code Sections 21081, 21081.5, and 21082.2. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 3 3. The City Council agrees with the characterization of the EIR with respect to all impacts initially identified as “less than significant” and finds that those impacts have been described accurately and are less than significant as so described in the Final EIR. This finding does not apply to impacts identified as significant or potentially significant that are reduced to a less than significant level by mitigation measures included in the EIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below. 4. The Mitigation Monitoring and Reporting Program (MMRP) includes all mitigation measures adopted with respect to the Project and explains how and by whom they will be implemented and enforced. 5. The EIR considers a reasonable range of potentially feasible alternatives, sufficient to foster informed decision making, public participation and a reasoned choice, in accordance with CEQA. 6. The Final EIR contains responses to comments received on a Draft EIR and a Supplement to the Draft EIR. The Final EIR also contains corrections and clarifications to the text and analysis of the Draft EIR and Supplement to the Draft EIR, where warranted. The City Council does hereby find that such changes and additional information are not significant new information under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the DEIR and Supplement to the Draft EIR), (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR and Supplement to the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the DEIR and the Supplement to the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented. The City Council does find and determine that recirculation of the Final EIR for further public review and comment is not warranted or required under the provisions of CEQA. 7. The City Council does hereby make the following findings with respect to significant effects on the environment of the Project, as identified in the EIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the EIR, which full administrative record should be consulted for the full details supporting these findings. I. STATUTORY REQUIREMENTS FOR FINDINGS Significant effects of the Comprehensive Plan Update project were identified in the Draft EIR and the Supplement to the Draft EIR. CEQA §21081 and CEQA Guidelines §15091 require that the Lead Agency prepare written findings for identified significant impacts, accompanied by a brief explanation of the rationale for each finding. Less than significant effects (without mitigation) of the project were also identified in the Draft EIR and the Supplement to the Draft EIR. CEQA does not require that the Lead Agency prepare written findings for less than significant effects. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 4 CEQA requires that the Lead Agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that would otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where substantial evidence in the record demonstrates that they are infeasible or where the responsibility for modifying the project lies with another agency. Specifically, CEQA Guidelines §15091 states: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. The “changes or alterations” referred to in §15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines §15370, including avoiding, minimizing, rectifying, or reducing the impact over time, or compensating for the impact by replacing or providing substitute resources. II. FINDINGS ON SIGNIFICANT IMPACTS AND MITIGATION MEASURES Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from adoption and implementation of the Comprehensive Plan Update and Zoning Code amendments ("proposed project") and the means for mitigating those impacts. For the purpose of these findings, the term “Environmental Impact Report” (EIR) means the Draft EIR, Supplement to the Draft EIR, and Final EIR documents collectively, unless otherwise specified. These findings do not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the EIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR. These findings hereby incorporate by reference the discussion and analysis in the EIR that support the EIR's determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the project. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 5 In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. Aesthetics Impact AES-1: Implementation of the proposed Plan would have the potential to substantially degrade the existing visual character or quality of the area and its surroundings. Mitigation Measure AES-1: To ensure that increased residential densities would not degrade the visual character or quality of the area, the proposed Plan shall include policies that achieve the following:  High-quality building and site design.  Compatibility with the neighborhood and adjacent structures.  Enhancement of existing commercial centers.  Requirements for landscaping and street trees.  Preservation and creation of a safe and inviting pedestrian environment.  Appropriate building form, massing, and setbacks. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively ensure implementation of this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy L-2.12: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens.  Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.  Policy L-4.5: Maintain and enhance the University Avenue/Downtown area as a major commercial center of the City, with a mix of commercial, civic, cultural, recreational and residential uses. Promote quality design that recognizes the regional and historical importance of the area and reinforces its pedestrian character.  Policy L-4.7: Maintain Stanford Shopping Center as one of the Bay Area’s premiere regional shopping centers. Promote bicycle and pedestrian use and encourage any new development at the Center to occur through infill.  Policy L-4.8: Maintain the existing scale, character and function of the California Avenue business district as a shopping, service and office center intermediate in function and scale between Downtown and the smaller neighborhood business areas.  Policy L-4.10: Recognize and preserve Town and Country Village as an attractive retail center serving Palo Altans and residents of the wider region. Future development at this site should preserve its existing amenities, pedestrian scale and architectural character while also improving safe access for bicyclists and pedestrians and increasing the amount of bicycle parking. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 6  Policy L-4.15: Encourage maximum use of Neighborhood Centers by ensuring that the publicly maintained areas are clean, well-lit and attractively landscaped.  Policy L-5.2: Provide landscaping, trees, sidewalks, pedestrian path and connections to the citywide bikeway system within Employment Districts. Pursue opportunities to include sidewalks, paths, low water use landscaping, recycled water and trees and remove grass turf in renovation and expansion projects.  Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces.  Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility.  Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation.  Policy T-3.7: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-street parking, gathering spaces, gardens, outdoor furniture, art and interesting architectural details.  Policy T-3.8: Add planting pockets with street trees to provide shade, calm traffic and enhance the pedestrian realm.  Policy T-6.1: Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking.  Policy N-2.8: Require new commercial, multi-unit and single-family housing projects to provide street trees and related irrigation systems. The incorporation of relevant policies into the proposed Plan ensures that future development and capital improvements under the proposed Plan would avoid significant degradation of the existing visual character and quality. Resulting Significance: Less than Significant Impact AES-4: Implementation of the proposed Plan would have the potential to substantially shadow public open space (other than public open streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 21. Mitigation Measure AES-4: The City shall amend its local CEQA guidelines to require development projects of a certain size or location to prepare an analysis of potential shade/shadow impacts. The analysis shall focus on potential impacts to public open spaces (other than public streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 21. The analysis shall identify whether the project would shadow open spaces during these times, explain how the project meets City design requirements and other City policy goals, and describe ways to mitigate substantial shade and shadow impacts through feasible building and site design features. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 7 Rationale for Finding: Mitigation Measure AES-4 would amend the City’s local CEQA guidelines to require project-level analysis of potential shade/shadow impacts, as well as measures to mitigate potential impacts through feasible building and site design features. Implementation of this mitigation measure would ensure the future development projects and capital improvement projects that are subject to CEQA would disclose and avoid potential shade/shadow impacts to the extent feasible. Resulting Significance: Less than Significant Air Quality Impact AIR-1: Without inclusion of air quality policies, implementation of the proposed Plan could conflict with or obstruct implementation of the applicable air quality plan. Mitigation Measure AIR-1: To ensure consistency with the 2010 Bay Area Clean Air Plan, the proposed Plan shall include policies that achieve the following:  Reduction in emissions of particulates from automobiles, manufacturing, construction activity, and other sources (e.g., dry cleaning, wood burning, landscape maintenance).  Support for regional, State, and federal programs that improve air quality.  Support for transit, bicycling, and walking.  Mix of uses (e.g., housing near employment centers) and development types (e.g., infill) to reduce the need to drive. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively ensure implementation of this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy L-1.1: Limit future urban development to currently developed lands within the urban service area. The boundary of the urban service area is otherwise known as the urban growth boundary. Retain undeveloped land west of Foothill Expressway and Junipero Serra as open space, with allowances made for very low-intensity development consistent with the open space character of the area. Retain undeveloped land northeast of Highway 101 as open space.  Policy L-2.1: Maintain a citywide structure of Residential Neighborhoods, Centers and Employment Districts. Integrate these areas with the City’s and the region’s transit and street system.  Policy L-2.2: Enhance connections between commercial and mixed use centers and the surrounding residential neighborhoods by promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents.  Policy L-2.3: As a key component of a diverse, inclusive community, allow and encourage a mix of housing types and sizes designed for greater affordability, particularly smaller housing types, such as studios, cohousing, cottages, clustered housing, accessory dwelling units and senior housing. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 8  Policy L-2.4: Use a variety of strategies to stimulate housing near retail, employment, and transit.  Policy L-2.6: Create opportunities for new mixed use development consisting of housing and retail.  Policy T-1.1: Take a comprehensive approach to reducing single-occupant vehicle trips by involving those who live, work and shop in Palo Alto in developing strategies that make it easier and more convenient not to drive.  Policy T-1.6: Encourage innovation and expanded transit access to regional destinations, multi-modal transit stations, employment centers and commercial centers, including those within Palo Alto through the use of efficient public and/or private transit options such as rideshare services, on-demand local shuttles and other first/last mile connections.  Policy T-1.16: Promote bicycle use as an alternative way to get to work, school, shopping, recreational facilities and transit stops.  Policy T-1.19: Provide facilities that encourage and support bicycling and walking.  Policy T-5.12: To promote bicycle use, increase the number of safe, attractive and well- designed bicycle parking spaces available in the city, including spots for diverse types of bicycles and associated equipment, including trailers, prioritizing heavily travelled areas such as commercial and retail centers, employment districts, recreational/cultural facilities, multi- modal transit facilities and ride share stops for bicycle parking infrastructure.  Policy T-6.1: Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking.  Policy N-5.1: Support regional, State, and federal programs that improve air quality in the Bay Area because of its critical importance to a healthy Palo Alto.  Policy N-5.2: Support behavior changes to reduce emissions of particulates from automobiles.  Policy N-5.3: Reduce emissions of particulates from, manufacturing, dry cleaning, construction activity, grading, wood burning, landscape maintenance, including leaf blowers and other sources. The incorporation of relevant policies into the proposed Plan ensures that future development projects and capital improvement projects under the proposed Plan will support emissions reductions, support air quality improvement programs, support alternative modes of transport, and support reduced driving. In this way, Mitigation Measure AIR-1 would support BAAQMD’s implementation of control measures in the 2010 Bay Area Clean Air Plan. Resulting Significance: Less than Significant Impact AIR-2: Implementation of the proposed Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Mitigation Measure AIR-2a: The City shall amend its local CEQA Guidelines and Municipal Code to require, as part of the City’s development approval process, that future development projects to comply with the current BAAQMD basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines). 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 9 Mitigation Measure AIR-2b: The City shall amend its local CEQA Guidelines to require that, prior to issuance of construction permits, development project applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening-criteria listed in the BAAQMD CEQA Guidelines prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction-related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction- related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-3, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City. Mitigation Measure AIR-2c: To ensure that development projects that have the potential to exceed the BAAQMD screening criteria air pollutants listed in the BAAQMD CEQA Guidelines reduce regional air pollutant emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines. Mitigation Measure AIR-2d: Implement Mitigation Measures TRANS-1a and TRANS-1b. In addition, to reduce long-term air quality impacts by emphasizing walkable neighborhoods and supporting alternative modes of transportation, the proposed Plan shall include policies that achieve the following: Enhanced pedestrian and bicycle connections between commercial and mixed-use centers. Finding: Changes or alterations have been required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Section III, Findings Concerning Alternatives. Rationale for Finding: The City is located in a region that is in “nonattainment” for ozone and particulates. While the mitigation measures listed below would reduce emissions of these pollutants, they cannot eliminate Palo Alto’s contribution to regional air quality problems. Mitigation Measure AIR-2a would require adherence to the current BAAQMD basic control measures for reducing construction emissions of PM10. Mitigation Measure AIR-2b would require implementation of BAAQMD-approved mitigation measures, if future development projects in Palo Alto could generate construction exhaust emissions in excess of the BAAQMD significance thresholds. An analysis of emissions generated from the construction of specific future projects under the proposed Plan would be required to evaluate emissions compared to BAAQMD’s project-level significance thresholds during individual environmental review. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 10 To implement Mitigation Measure AIR-2c, the proposed Plan includes Policy N-5.2 and would apply to future development projects and capital improvements projects that are subject to CEQA. Policy N-5.2 states: “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.” Through Mitigation Measure TRANS-1a and proposed Policy L-2.2, the City would ensure that future development projects and capital improvement projects: “Enhance connections between commercial and mixed use centers and the surrounding residential neighborhoods by promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents.” However, , analysis of post-mitigation conditions in the Supplement to the Draft EIR shows that implementation of transportation mitigation measures would nominally reduce emissions but would not reduce emissions below BAAQMD’s project- level thresholds, which, based on BAAQMD guidance, are generally used to determine if a project generates a substantial increase in emissions. Therefore, no additional mitigation measures are available and the impact is considered significant and unavoidable. Resulting Significance: Significant and Unavoidable Impact AIR-3: Implementation of the proposed Plan would expose sensitive receptors to substantial concentrations of air pollution. Mitigation Measure AIR-3a: The City of Palo Alto shall update its CEQA Procedures to require that future non-residential projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary project approval or shall comply with best practices recommended for implementation by the BAAQMD. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and non-cancer risks to an acceptable level, including appropriate enforcement mechanisms. Mitigation measures and best practices may include but are not limited to:  Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.  Electrifying warehousing docks.  Requiring use of newer equipment and/or vehicles.  Restricting off-site truck travel through the creation of truck routes. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 11 Mitigation measures identified in the project-specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project. Mitigation Measure AIR-3b: To ensure that new industrial and warehousing projects with the potential to generate new stationary and mobile sources of air toxics that exceed the BAAQMD project-level and/or cumulative significance thresholds for toxic air contaminants and PM2.5 listed in the BAAQMD CEQA Guidelines reduce emissions below the BAAQMD thresholds of significance, amend the City’s CEQA guidelines to require compliance with BAAQMD requirements. Mitigation Measure AIR-3c: The proposed Plan shall include policies to mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District’s applicable threshold of significance. Policies shall also require that new sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and day care centers) within 1,000 feet of a major stationary source of TACs and roadways with traffic volumes over 10,000 vehicles per day consider potential health risks and incorporate adequate precautions, such as high-efficiency air filtration, into project design. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measures AIR-3a and AIR-3b would ensure that mobile sources of TACs not covered under BAAQMD permits are considered during subsequent project- level environmental review and development of individual projects would be required to achieve the incremental risk thresholds established by BAAQMD. Mitigation Measures AIR-3c would ensure that potential health risks are considered for new sensitive land uses sited near potential sources of toxic air contaminants, and that adequate precautions are incorporated into such projects. The proposed Plan includes Policy N-5.5 to ensure exposure to pollutants and resulting health risks are considered during the siting of sensitive land uses: “Mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District’s applicable threshold of significance. When siting new sensitive receptors such as schools, day care facilities, parks or playgrounds, medical facilities and residences within 1,000’ of stationary sources of toxic air contaminants or roadways used by more than 10,000 vehicles per day, require projects to consider potential health risks and incorporate adequate precautions such as high-efficiency air filtration into project design.” Resulting Significance: Less than Significant Impact AIR-4: Implementation of the proposed Plan could create or expose a substantial number of people to objectionable odors unless policies are integrated into the proposed Plan. Mitigation Measure AIR-4: To reduce odor impacts, the proposed Plan shall include policies requiring: 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 12  Buffers, mechanical, and other mitigation methods to avoid creating a nuisance. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes Policy N-5.4 to ensure that future development projects and capital improvement projects do not result in objectionable odors: “All potential sources of odor and/or toxic air contaminants shall be adequately buffered, or mechanically or otherwise mitigated to avoid odor and toxic impacts that violate relevant human health standards.” This policy, along with CEQA review of projects using BAAQMD’s odor screening distances and compliance with BAAQMD Regulation 7, would ensure that odor impacts are minimized and reduced to a less-than-significant level. Resulting Significance: Less than Significant Cultural Resources Impact CULT-1: Implementation of the proposed Plan could adversely affect a historic resource listed or eligible for listing on the National and/or California Register, or listed on the City’s Historic Inventory. Mitigation Measure CULT-1: To ensure the protection of potentially historic resources, the proposed Plan shall include policies that achieve the following:  Process for reviewing proposed demolition or alteration of potentially historic buildings.  Protection of archaeological resources. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes the policies that collectively support implementation of this mitigation measure. For example:  Policy L-7.2: If a proposed 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 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.  Policy L-7.14: Protect Palo Alto’s archaeological resources, including natural land formations, sacred sites, the historical landscape, historic habitats and remains of settlements here before the founding of Palo Alto in the 19th century. The incorporation of relevant policies into the proposed Plan ensures that the potential historic resources would be considered for inclusion on State and federal registers prior to demolition or alteration, and that archaeological resources would be protected. Through implementation of 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 13 these measures, the City would ensure the ongoing protection of potential historic and archaeological resources that have not already been identified and protected. Resulting Significance: Less than Significant Impact CULT-2: Implementation of the proposed Plan could eliminate important examples of major periods of California history or prehistory. Mitigation Measure CULT-2: Implement Mitigation Measure CULT-1. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Through implementation of Mitigation Measure CULT-1, the City would maintain processes and procedures to ensure the ongoing protection of historic and archaeological resources, including important examples of California’s history and prehistory. Resulting Significance: Less than Significant Impact CULT-3: Implementation of the proposed Plan could cause damage to an important archaeological resource as defined in Section 15064.5 of the CEQA Guidelines. Mitigation Measure CULT-3: Implement Mitigation Measure CULT-1. In addition, to ensure that future development would not damage archaeological resources, the proposed Plan shall include policies that achieve the following:  Archaeological surveys and mitigation plans for future development projects.  Developer compliance with applicable regulations regarding the identification and protection of archaeological and paleontological deposits, and unique geologic features.  Appropriate tribal consultation and consideration of tribal concerns. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure. For example:  Policy L-7.15: Appropriate tribal consultation and consideration of tribal concerns.  Policy L-7.16: Archaeological surveys and mitigation plans for future development projects.  Policy L-7.17: Developer compliance with applicable regulations regarding the identification and protection of archaeological and paleontological deposits, or unique geologic features. The incorporation of relevant policies into the proposed Plan ensures that the City would require archaeological surveys and mitigation plans for future development projects and capital improvement projects that are subject to CEQA review, as well as compliance with archaeological protection regulations and tribal consultation. Implementation of these policies would avoid significant impacts to archaeological resources. In addition, through implementation of Mitigation Measure CULT-1, the City would maintain processes and procedures to ensure the ongoing protection of archaeological resources. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 14 Resulting Significance: Less than Significant Impact CULT-5: Implementation of the proposed Plan would have the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Mitigation Measure CULT-5: Implement Mitigation Measure CULT-3. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measure CULT-3 would incorporate policies into the proposed Plan to require compliance with paleontological protection regulations. These policies would ensure that future development projects and capital improvement projects subject to CEQA would avoid significant impacts to paleontological resources and unique geologic features. Resulting Significance: Less than Significant Impact CULT-7: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to cultural resources. Mitigation Measure CULT-7: Implement Mitigation Measures CULT-1 and CULT-3. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Through implementation of Mitigation Measure CULT-1, the City would maintain processes and procedures to ensure the ongoing protection of historic and archaeological resources. These processes and procedures would protect historic and archaeological resources. Mitigation Measure CULT-3 would incorporate policies into the proposed Plan to require archaeological surveys and mitigation plans for future development projects and capital improvement projects, as well as compliance with archaeological and paleontological protection regulations and tribal consultation. These policies would ensure that future projects avoid significant impacts to archaeological and paleontological resources and that the City’s contribution to potential cumulative impacts to historic, archaeological, and paleontological resources would be reduced to a less-than-significant level. Resulting Significance: Less than Significant Greenhouse Gas Emissions Impact GHG-3: The proposed Plan would expose people or structures to the physical effects of climate change, including but not limited to flooding, extreme temperatures, public health, wildfire risk, or other impacts resulting from climate change, requiring mitigation. Mitigation Measure GHG-3: To address the potential impacts associated with exposing people to the effects of climate change, the proposed Plan shall include policies that achieve the following: 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 15  Monitoring and response to flooding risks caused by climate change-related changes to precipitation patterns, groundwater levels, sea level rise, tides, and storm surges.  Cooperative planning with federal, State, regional, and local public agencies on issues related to climate change (including sea level rise and extreme storms).  Preparation of response strategies to address sea level rise, increased flooding, landslides, soil erosion, storm events, and other events related to climate change.  Implementation of adaptive strategies to address impacts of sea level rise on Palo Alto’s levee system. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies and programs that collectively support implementation of this mitigation measure. For example:  Policy N-4.12: Encourage Low Impact Development (LID) measures to limit the amount of pavement and impervious surface in new development and increase the retention, treatment and infiltration of urban stormwater runoff. Include LID measures in major remodels, public projects and recreation projects where practical.  Policy N-8.2: With guidance from the City’s Sustainability and Climate Action Plan (S/CAP) and its subsequent updates and other future planning efforts, reduce greenhouse gas emissions from City operations and from the community.  Policy N-8.4: Continue to work with regional partners to build resiliency policy into City planning and capital projects, especially near the San Francisco Bay shoreline, while protecting the natural environment.  Program 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.  Policy S-1.9: Design Palo Alto’s infrastructure system to protect the life and safety of residents, ensure resiliency in the face of disaster and minimize economic loss, including in the context of climate change and sea level rise.  Program S1.10.3: Implement the mitigation strategies and guidelines provided by the LHMP, including those that address evolving hazards resulting from climate change.  Policy S-2.9: Prohibit new habitable basements in the development of single-family residential properties within 100-year flood zones of the FEMA-designated Special Flood Hazard Area.  Policy S-2.10: Monitor and respond to the risk of flooding caused by climate change-related changes to precipitation patterns, groundwater levels, sea level rise, tides and storm surges.  Policy S-2.11: Support regional efforts to improve bay levees.  Program 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.  Program S2.11.2: Work with regional, State, and federal agencies to develop additional adaptive strategies to address flood hazards to existing or new development and infrastructure, including environmentally sensitive levees. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 16 The incorporation of relevant policies into the proposed Plan ensures that the City considers the impact of climate change when making future decisions about development projects and capital improvement projects. The programs listed above illustrate ways the City is engaging in planning and strategies to reduce the risks associated with the effects of climate change. The policies and programs collectively ensure that the City reduces potential climate change hazards to the extent feasible. Resulting Significance: Less than Significant Hydrology Impact HYD-2: The proposed Plan could substantially degrade or deplete ground water resources or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Mitigation Measure HYD-2: To reduce potential impacts associated with construction dewatering the proposed Plan shall include policies that achieve the following:  Avoidance of the impacts of basement construction for single-family homes on the natural environment and safety.  Conservation of subsurface water resources.  Construction techniques and recharge strategies to reduce subsurface and surface water impacts.  Monitoring of dewatering and excavation projects.  Cooperation with other jurisdictions and regional agencies to protect groundwater.  Protection of groundwater as a natural resource. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies and programs that collectively support implementation of this mitigation measure. For example:  Policy L-3.5: Avoid negative impacts of basement construction for single-family homes on adjacent properties, public resources and the natural environment.  Policy N-4.7: Ensure regulation of groundwater use to protect it as a natural resource and to preserve it as a potential water supply in the event of water scarcity.  Policy N-4.8: Conserve and maintain subsurface water resources by exploring ways to reduce the impacts of residential basement dewatering and other excavation activities.  Program 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.  Program N4.8.2: Explore appropriate ways to monitor dewatering for all dewatering and excavation projects to encourage maintaining groundwater levels and recharging of the aquifer where needed. The incorporation of relevant policies into the proposed Plan ensures that the City would continue to work to reduce the environmental effects associated with construction dewatering, 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 17 including impacts to adjacent properties and subsurface water resources. The programs listed above illustrate the City commitment to advancing these policies. Implementation of Mitigation Measure HYD-2 would also ensure cooperation with other agencies to protect groundwater resources and would reduce impacts to groundwater resources to a less-than-significant level. Resulting Significance: Less than Significant Land Use Impact LAND-1: The proposed Plan could adversely change the type or intensity of existing or planned land use patterns in the area. Mitigation Measure LAND-1: To ensure that the intensity of future development would not adversely change the land use patterns or affect the livability of Palo Alto neighborhoods, the proposed Plan shall include policies that achieve the following:  Strengthening of residential neighborhoods.  Vitality of commercial areas and public facilities.  High-quality building and site design.  Architectural compatibility of new development.  Compatible infill development.  Avoidance of abrupt changes in the scale of development where residential districts abut more intense uses. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure. For example:  Policy L-1.2: Maintain and strengthen Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities.  Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern.  Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures.  Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces.  Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility.  Policy L-6.7: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible.  Policy L-9.4: Maintain and enhance existing public gathering places and open spaces and integrate new public spaces at a variety of scales. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 18  Policy L-9.6: Create, preserve and enhance parks and publicly accessible, shared outdoor gathering spaces within walking and biking distance of residential neighborhoods. The incorporation of relevant policies into the proposed Plan ensures that the City will require development and capital improvements allowed under the proposed Plan to achieve high- quality design, architectural compatibility, and context-sensitive building design, strengthening residential and commercial areas and avoiding adverse effects associated with the type or intensity of land use patterns. Resulting Significance: Less than Significant Impact LAND-2: The proposed Plan would allow development that could be incompatible with adjacent land uses or with the general character of the surrounding area, including density and building height. Mitigation Measure LAND-2: Implement Mitigation Measure LAND-1. In addition, to further reduce potential impacts to visual character and ensure compatibility with adjacent land uses, the proposed Plan shall include policies that achieve the following:  Use of City procedures, plans, and requirements to ensure high-quality building design and architectural compatibility. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure. For example:  Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility.  Policy L-6.7: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. To promote compatibility and gradual transitions between land uses, place zoning district boundaries at mid-block locations rather than along streets wherever possible. The incorporation of relevant policies into the proposed Plan ensures that the City will require development projects and capital improvement projects to provide appropriate land use transitions and adhere to design requirements for compatibility and high-quality design, and to avoid adverse effects associated with incompatible land uses, effectively avoiding adverse effects associated with the intensity of planned land uses. Resulting Significance: Less than Significant Impact LAND-5: The proposed Plan could physically divide an established community. Mitigation Measure LAND-5: To avoid potential impacts from physically dividing an established community, the proposed Plan shall include policies that achieve the following:  Enhanced connections to and from parks, schools, and community facilities for all users. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 19  Safe and convenient pedestrian, bicycle, and transit connections between residential areas and commercial centers.  Cooperation with other agencies to improve circulation connections.  Grade separation of rail crossings. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy L-1.6: Use coordinated area plans to guide development in areas of Palo Alto where significant change is foreseeable. Address both land use and transportation, define the desired character and urban design traits of the areas, identify opportunities for public open space, parks and recreational opportunities, address connectivity to and compatibility with adjacent residential areas; and include broad community involvement in the planning process.  Policy L-2.2: Enhance connections between commercial and mixed use centers and the surrounding residential neighborhoods by promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents.  Policy T-1.17: Require new office, commercial and multi-family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan.  Policy T-1.21: Maintain pedestrian- and bicycle-only use of alleyways Downtown and in the California Avenue area where appropriate to provide connectivity between businesses and parking and transit stops, and consider public art in the alleyways as a way to encourage walking.  Policy T-3.2: Enhance connections to, from and between parks, community centers, recreation facilities, libraries and schools for all users.  Policy T-3.13: Work with Caltrans, Santa Clara County and VTA to improve east and west connections in Palo Alto and maintain a circulation network that binds the city together in all directions.  Policy T-3.15: Pursue grade separation of rail crossings along the rail corridor as a City priority.  Policy T-8.12: Support the development of the Santa Clara County Countywide Bicycle System, and other regional bicycle plans. The incorporation of relevant policies into the proposed Plan ensures that future development projects and capital improvement projects will enhance connections with community facilities, improve safety for non-automotive connections, address grade separation of rail crossings, and involve cooperation with other agencies to improve circulation. City action consistent with these policies would improve accessibility throughout the city and ensure that established communities are not physically divided. Resulting Significance: Less than Significant 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 20 Noise Impact NOISE-1: Implementation of the proposed Plan would have the potential to cause the average 24-hour noise level (Ldn) to increase by 5.0 decibels (dB) or more in an existing residential area, even if the Ldn would remain below 60 dB. Mitigation Measure NOISE-1a: To ensure that average 24-hour noise levels associated with long-term operational noise would not increase by 5.0 decibels (dB) or more in an existing residential area, the proposed Plan shall include policies that achieve the following:  Location of land uses in areas with compatible noise environments.  Use of the guidelines in the “Land Use Compatibility for Community Noise Environment” table in the proposed Plan to evaluate the compatibility of proposed land uses with existing noise environments.  Clear guidelines for maximum outdoor noise levels in residential areas.  Adherence to the interior noise requirements of the State of California Building Standards Code (Title 24) and the Noise Insulation Standards (Title 25).  Inclusion of a noise contour map in the proposed Plan.  Reduction of noise impacts of development on adjacent properties.  Evaluation of noise impacts on existing residential, open space, and conservation land.  Requirement for new projects in the Multiple Family, Commercial, Manufacturing, or Planned Community districts to demonstrate compliance with the Noise Ordinance. Mitigation Measure NOISE-1b: To reduce potential impacts to new land uses from aircraft noise, the proposed Plan shall include policies that achieve the following:  Compliance with the airport-related land use compatibility standards for community noise environments.  Prohibition of incompatible land use development within the 60 dBA CNEL noise contours of the Palo Alto airport, as established in the adopted County of Santa Clara Airport Land Use Commission Comprehensive Land Use Plan (CLUP) for the Palo Alto Airport. Mitigation Measure NOISE-1c: To reduce potential impacts to new land uses from railway noise, the proposed Plan shall include policies that achieve the following:  Minimization of noise spillover from rail-related activities into adjacent residential or noise- sensitive areas.  Building design that reduces impacts from noise and ground borne vibrations associated with rail operations.  Guidelines for interior noise levels. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy N-6.1: Encourage the location of land uses in areas with compatible noise environments. Use the guidelines in Table N-1 to evaluate the compatibility of proposed 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 21 land uses with existing noise environments when preparing, revising, or reviewing development proposals. Acceptable exterior, interior and ways to discern noise exposure include:  The guideline for maximum outdoor noise levels in residential areas is an Ldn of 60 dB. This level is a guideline for the design and location of future development and a goal for the reduction of noise in existing development. However, 60 Ldn is a guideline which cannot necessarily be reached in all residential areas within the constraints of economic or aesthetic feasibility. This guideline will be primarily applied where outdoor use is a major consideration (e.g., backyards in single-family housing developments, and recreational areas in multiple family housing projects). Where the City determines that providing an Ldn of 60 dB or lower outdoors is not feasible, the noise level in outdoor areas intended for recreational use should be reduced to as close to the standard as feasible through project design.  Interior noise, per the requirements of the State of California Building Standards Code (Title 24) and Noise Insulation Standards (Title 25), must not exceed an Ldn of 45 dB in all habitable rooms of all new dwelling units.  Policy N-6.2: Noise exposure(s) can be determined from (a) the noise contour map included in this plan, (b) more detailed noise exposure studies, or (c) on area-specific or project- specific noise measurements, as appropriate.  Policy N-6.5: Protect residential and residentially-zoned properties from excessive and unnecessary noise from any sources on adjacent commercial or industrial properties.  Policy N-6.7: While a proposed project is in the development review process, the noise impact of the project on existing residential land uses, public open spaces and public conservation land should be evaluated in terms of the increase in existing noise levels for the potential for adverse community impact, regardless of existing background noise levels. If an area is below the applicable maximum noise guideline, an increase in noise up to the maximum should not necessarily be allowed.  Policy N-6.8: The City may require measures to reduce noise impacts of new development on adjacent properties through appropriate means including, but not limited to, the following:  Orient buildings to shield noise sensitive outdoor spaces from sources of noise.  Construct noise walls when other methods to reduce noise are not practical and when these walls will not shift similar noise impacts to another adjacent property.  Screen and control noise sources such as parking lots, outdoor activities and mechanical equipment, including HVAC equipment.  Increase setbacks to serve as a buffer between noise sources and adjacent dwellings.  Whenever possible, retain fences, walls or landscaping that serve as noise buffers while considering design, safety and other impacts.  Use soundproofing materials, noise reduction construction techniques, and/or acoustically rated windows/doors.  Include auxiliary power sources at loading docks to minimize truck engine idling.  Control hours of operation, including deliveries and trash pickup, to minimize noise impacts.  Policy N-6.9: Continue to require applicants for new projects or new mechanical equipment in the Multifamily, Commercial, Manufacturing or Planned Community districts to submit an 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 22 acoustical analysis demonstrating compliance with the Noise Ordinance prior to receiving a building permit.  Policy N-6.12: Ensure compliance with the airport related 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 Palo Alto airport.  Policy N-6.13: Minimize noise spillover from rail related activities into adjacent residential or noise-sensitive areas.  Policy N-6.14: Reduce impacts from noise and ground borne vibrations associated with rail operations by requiring that future habitable buildings use necessary design elements such as setbacks, landscaped berms and soundwalls to keep interior noise levels below 45 dBA Ldn and ground-borne vibration levels below 72 VdB. Mitigation Measure NOISE-1a incorporates policies into the proposed Plan to require adherence to noise guidelines, reduce potential noise impacts for adjacent properties, ensuring that long- term operational noise in residential areas would not increase by unacceptable levels. Mitigation Measure NOISE-1b would incorporate policies into the proposed Plan to require compliance with airport-related compatibility standards and prohibit development within the 60 dBA CNEL noise contour of the Palo Alto Airport, ensuring that new sensitive receptors are not exposed to unacceptable levels of noise from operation of the Palo Alto Airport. Mitigation Measure NOISE-1c would incorporate policies into the proposed Plan to address impacts associated with rail operations and require interior noise level guidelines and vibration impact analyses, ensuring that new construction near the rail corridor is adequate to address railway noise and vibration, to the extent feasible. Resulting Significance: Less than Significant Impact NOISE-2: Implementation of the proposed Plan would have the potential to cause the Ldn to increase by 3 dB or more in an existing residential area, thereby causing the Ldn in the area to exceed 60 dB. Mitigation Measure NOISE-2: Implement Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c would be implemented by including policies in the proposed Plan to ensure that noise levels in residential areas would not increase by unacceptable levels and ensure that new noise sources would be controlled and/or mitigated so as to comply with City standards. Resulting Significance: Less than Significant Impact NOISE-3: Implementation of the proposed Plan would have the potential to cause an increase of 3 dB or more in an existing residential area where the Ldn currently exceeds 60 dB. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 23 Mitigation Measure NOISE-3: Implement Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c would be implemented by including policies in the proposed Plan to ensure that noise levels in residential areas would not increase by unacceptable levels and would ensure that new noise sources would be controlled and/or mitigated so as to comply with City standards. Resulting Significance: Less than Significant Impact NOISE-4: Implementation of the proposed Plan would have the potential to result in indoor noise levels for residential development to exceed an Ldn of 45 dB. Mitigation Measure NOISE-4a: Implement Mitigation Measure NOISE-1a. Mitigation Measure NOISE-4b: The Land Use Noise Compatibility Guidelines established in the 1998 Comprehensive Plan shall be maintained. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measure NOISE-1a would be implemented by including policies in the proposed Plan to ensure that long-term operational noise in residential areas would not increase by unacceptable levels by maintaining the City’s Land Use Noise Compatibility Guidelines, which would be used to evaluate new development projects and capital improvement projects. Resulting Significance: Less than Significant Impact NOISE-5: Implementation of the proposed Plan would have the potential to expose persons to or generate excessive ground-borne vibration or ground-borne noise levels. Mitigation Measure NOISE-5a: To ensure that future development would not result in significant construction-related vibration impacts, the proposed Plan shall include policies that limit the hours of construction around sensitive receptors, and require formal, ongoing monitoring and reporting throughout the construction process for larger development projects, as well as the use of pertinent industry standards and City guidelines to avoid significant vibration impacts during construction or operations. Mitigation Measure NOISE-5b: Implement Mitigation Measure NOISE-1c. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 24 Rationale for Finding: The proposed Plan includes the following policy and program that collectively ensure implementation of this mitigation measure during the course of development proposals and capital improvement projects:  Policy N-6.11: Continue to prioritize construction noise limits around sensitive receptors, including through limiting construction hours and individual and cumulative noise from construction equipment.  Program N6.11.1: 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 a vibration impact analysis, as well as formal, ongoing monitoring and reporting of noise levels throughout the entire construction process, pertinent to industry standards. 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. The incorporation of this policy and program into the proposed Plan requires vibration analyses and vibration mitigation plans, as well as limits for vibration around vibration-sensitive receptors. Resulting Significance: Less than Significant Impact NOISE-6: Implementation of the proposed Plan would have the potential to expose people to noise levels in excess of established State standards. Mitigation Measure NOISE-6: Implement Mitigation Measures NOISE-4a and NOISE-4b. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Mitigation Measure NOISE-1a would be implemented by including policies in the proposed Plan to ensure that new land uses would be reviewed for compatibility with their surroundings and would not increase noise by unacceptable levels, and Mitigation Measure NOISE-4b would be implemented by maintaining the City’s Land Use Noise Compatibility Guidelines in the proposed Plan. Resulting Significance: Less than Significant Impact NOISE-7: Implementation of the proposed Plan would have the potential to result in the exposure of persons to or generation of noise levels in excess of standards established in the local General Plan or noise ordinance, or applicable standards of other agencies. Mitigation Measure NOISE-7: Implement Mitigation Measures NOISE-1a, NOISE-1b, NOISE-1c, NOISE-4a, and NOISE-4b. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 25 Rationale for Finding: Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c would be implemented by including policies in the proposed Plan to ensure that residential areas would not be affected by new noise sources and would maintain the City’s Land Use Noise Compatibility Guidelines. Resulting Significance: Less than Significant Impact NOISE-8: Implementation of the proposed Plan could result in a potentially substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Mitigation Measure NOISE-8: To ensure that future development would not result in significant impacts to sensitive receptors from construction noise, the proposed Plan shall include policies that achieve the following:  Construction noise limits around sensitive receptors.  Monitoring and reporting plans for construction noise levels of larger development projects.  Noise control measures to ensure compliance with the noise ordinance. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes the following policy and program that collectively ensure implementation of this mitigation measure during the course of development proposals and capital improvement projects:  Policy N-6.11: Continue to prioritize construction noise limits around sensitive receptors, including through limiting construction hours and individual and cumulative noise from construction equipment.  Program N6.11.1: 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 a vibration impact analysis, as well as formal, ongoing monitoring and reporting of noise levels throughout the entire construction process, pertinent to industry standards. 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. The incorporation of this policy and program into the proposed Plan limits construction noise around sensitive receptors, requires monitoring and reporting plans for construction noise of larger development projects, and requires noise control measures, reducing temporary or periodic increases to ambient noise levels to less-than-significant levels. Resulting Significance: Less than Significant Impact NOISE-11: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, may result in significant cumulative impacts with respect to noise. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 26 Mitigation Measure NOISE-11a: Implement Mitigation Measure NOISE-1c. Mitigation Measure NOISE-11b: To address overall community noise impacts from train noise to the extent such noise is within the City’s control and in excess of established State and/or City standards, the proposed Plan shall include policies that achieve the following:  Efforts to develop and implement technological methods to reduce train whistle noise from Caltrain.  Evaluation of at-grade rail crossings as potential Quiet Zones based on Federal Railroad Administration (FRA) rules and guidelines.  Grade separation of rail crossings as a City priority. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies and programs that would collectively implement this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy T-3.15: Pursue grade separation of rail crossings along the rail corridor as a City priority.  Policy N-6.13: Minimize noise spillover from rail related activities into adjacent residential or noise-sensitive areas.  Program 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.  Program 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. The incorporation of these policies and programs into the proposed Plan ensures the City’s focus on methods to reduce train whistle noise from Caltrain, evaluation of at-grade crossings as potential Quiet Zones, and the prioritization of grade separation. In addition, Mitigation Measure NOISE-1c would address new sources of noise in existing residential areas. Implementation of Mitigation Measures NOISE-1c and NOISE-11b would minimize the possibility for community-wide ambient noise increases due to cumulative sources to the extent feasible. After implementation of the new policies and mitigation measures, impacts from cumulative noise increases would be considered less than significant. Resulting Significance: Less than Significant Public Services Impact PS-7: Implementation of the proposed Plan would result in an adverse physical impact from the construction of additional parks and recreation facilities in order to maintain acceptable performance standards. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 27 Mitigation Measure PS-7: To address the potential physical impacts of park construction/improvement, the Comprehensive Plan Update shall include policies that achieve the following:  Evaluation and mitigation of the construction impacts associated with park and recreational facility creation and expansion. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes the following policy that ensures implementation of this mitigation measure during the course of development proposals and capital improvement projects:  Policy N-1.13: Evaluate and mitigate the construction impacts associated with park and recreational facility creation and expansion. The incorporation of this policy into the proposed Plan requires evaluation and mitigation of construction impacts associated with the creation or expansion of park and recreational facilities. Facility construction projects developed consistent with this policy would avoid adverse physical impacts to the extent feasible. Resulting Significance: Less than Significant Impact PS-8: Implementation of the proposed Plan would have the potential to result in substantial cumulative adverse physical impacts associated with the provision of new or physically altered parks and recreational facilities, need for new or physically altered parks and recreation facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Mitigation Measure PS-8: Implement Mitigation Measure PS-7. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Implementation of Mitigation Measure PS-7 would ensure that facility construction projects developed consistent with referenced policies would avoid adverse physical impacts to the extent feasible. Therefore, the creation of new parkland would not contribute to potential significant cumulative impacts associated with new park construction. Resulting Significance: Less than Significant Transportation Impact TRANS-1: Implementation of the project would cause an intersection to drop below its motor vehicle level of service standard, or deteriorate operations at representative intersections that already operate at a substandard level of service. Mitigation Measure TRANS-1a: Adopt a programmatic approach to reducing motor vehicle traffic, with the goal of achieving no net increase in peak-hour motor vehicle trips from new 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 28 development, with an exception for uses that directly contribute to the neighborhood character and diversity of Palo Alto (such as ground-floor retail and below-market-rate housing). The program should, at a minimum, require new development projects above a specific size threshold to prepare and implement a Transportation Demand Management (TDM) Plan to achieve the following reduction in peak-hour motor vehicle trips from the rates included in the Institute of Transportation Engineers’ Trip Generation Manual for the appropriate land use category and size. These reductions are deemed aggressive, yet feasible, for the districts indicated.  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 TDM Plans must be approved by the City and monitored by the property owner or the project proponent on an annual basis. The Plans must contain enforcement mechanisms or penalties that accrue if targets are not met and may 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. Mitigation Measure TRANS-1b: Require new development projects to pay a Transportation Impact Fee for all those peak-hour motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion. Mitigation Measure TRANS-1c: The proposed Plan shall include policies to ensure collaboration with regional agencies and neighboring jurisdictions, and identification and pursuit of funding for rail corridor improvements and grade separation. Policies shall support grade separation of rail crossings along the rail corridor as a City priority, and the undertaking of studies and outreach necessary to advance grade separation of Caltrain to become a “shovel ready” project. Mitigation Measure TRANS-1d: Consistent with State requirements, the City shall adopt a Multimodal Improvement Plan to address impacts to Congestion Management Program facilities. In addition, the proposed Plan shall include policies to engage in regional transportation planning and advocate for specific transit improvements and investments, such as Caltrain service enhancements and grade separations, Dumbarton Express service, enhanced bus service on El Camino Real with queue-jump lanes and curbside platforms, high-occupancy vehicle (HOV)/high-occupancy toll (HOT) lanes, and additional VTA bus service. Mitigation Measure TRANS-1e: The proposed Plan shall include policies to encourage the PAUSD to analyze decisions regarding school assignments to reduce peak-period motor vehicle trips to and from school sites. Finding: Palo Alto is located in a dynamic region with a transportation network that is often quite congested. In this context, even small changes over time can contribute to significant traffic congestion. Changes or alterations have been required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant environmental effect 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 29 identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Section III, Findings Concerning Alternatives. Rationale for Finding: The proposed Plan includes policies and programs that collectively support implementation of this mitigation measure during the course of the City’s review of development proposals and capital improvement projects. For example:  Program T1.2.2: Formalize 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 noncompliance. 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 peak hour motor vehicle trips. TDM measures should at a minimum achieve the following reduction in peak hour 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 - 20 percent reduction in other areas of the city  Require new development projects to pay a Transportation Impact Fee for all those peak- hour 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.  Policy T-2.6: Work with PAUSD to ensure that decisions regarding school assignments are analyzed to reduce peak period motor vehicle trips to and from school sites.  Policy T-3.15: Pursue grade separation of rail crossings along the rail corridor as a City priority.  Program 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.  Policy T-8.1: Engage in regional transportation planning and advocate for specific transit improvements and investments, such as Caltrain service enhancements and grade separations, Dumbarton Express service, enhanced bus service on El Camino Real with queue jumping and curbside platforms, HOV/HOT lanes and additional VTA bus service. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 30  Policy T-8.2: Participate in regional planning initiatives for the rail corridor and provide a strong guiding voice. Implementation of the TDM measures and other measures to reduce driving under Mitigation Measures TRANS-1a through TRANS-1e would result in a lower auto mode share, higher number of transit trips, lower VMT, and lower VMT per capita compared to pre-mitigation conditions. However, affected intersections are operating close to or below LOS standards under existing conditions, so even small increases in traffic at these intersections would trigger impacts. Under Mitigation Measure TRANS-1d, the City will prepare and adopt a Multimodal Improvement Plan to address impacts to Congestion Management Program (CMP) facilities. The EIR identifies significant impacts at three intersections included in the County’s CMP: El Camino Real (State Route 82) at San Antonio Road (in Mountain View) (referred to as Intersection #8 in the EIR analysis), Foothill Expressway/Junipero Serra Boulevard at Page Mill Road (Intersection #9), and Foothill Expressway at Arastradero Road (Intersection #10). VTA’s Congestion Management Agency (CMA) guidelines state that, “Deficiency plans should be prepared by the Member Agency in which the deficient CMP System facility or set of facilities is located.” Multimodal Improvement Plan requirements will be met for these three intersections as follows: Intersection #8 (El Camino Real at San Antonio Road) is located in Mountain View and Los Altos. Therefore, planning for the intersection is not under the jurisdiction of the City of Palo Alto. The City of Mountain View is currently drafting a Multimodal Improvement Plan that includes this intersection and can and should adopt the Multimodal Improvement Plan when it is complete. As required by VTA, acting as the Congestion Management Agency (“CMA”), the City of Palo Alto will participate in development of this Multimodal Improvement Plan. Intersection #9 (Foothill Expressway/Junipero Serra Boulevard at Page Mill Road) is located within the city but is under the County’s jurisdiction. This intersection was grandfathered in with an automobile LOS of F in 1991. Freeway segments and congestion management program (CMP) intersections that operated at LOS F when monitoring began in 1991 are considered exempt from meeting the CMP standard. Therefore, it is exempt from the requirement to prepare a Multimodal Improvement Plan. Intersection #10 (Foothill Expressway at Arastradero Road) is located within the city but is under the County’s jurisdiction. The City of Palo Alto will be adopting a new Transportation Nexus Study and Transportation Impact Fee shortly after adoption of the Comprehensive Plan Update and the certification of the Comprehensive Plan Update EIR. This nexus study, and impact fee calculation, will address the City’s share of a full grade-separation at this intersection. Preliminary designs and cost estimates for this grade-separation project have been developed by the Santa Clara County Department of Roads and Airports. With the construction of this project, this intersection should operate at an acceptable level of service, and no longer require the development of a Multimodal Improvement Plan. All of the above traffic mitigation measures would reduce, but not eliminate, Impact TRANS-1. Resulting Significance: Significant and Unavoidable 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 31 Impact TRANS-3: Implementation of the project would cause a freeway segment or ramp to drop below its level of service standard, or deteriorate operations that already operate at a substandard level of service. Mitigation Measure TRANS-3a: The City shall require new development projects to prepare and implement TDM programs, as described in TRANS-1a. TDM programs for worksites may include measures such as private bus services and free shuttle services to transit stations geared towards commuters. Mitigation Measure TRANS-3b: The proposed Comprehensive Plan shall include policies that advocate for efforts by Caltrans and the Valley Transportation Authority to reduce congestion and improve traffic flow on existing freeway facilities consistent with Statewide GHG emissions reduction initiatives. Policies shall support the application of emerging freeway information, monitoring, and control systems that provide non-intrusive driver assistance and reduce congestion. Policies shall support, where appropriate, the conversion of existing traffic lanes to exclusive bus and high-occupancy vehicle (HOV)/high-occupancy toll (HOT) lanes on freeways and expressways, including the Dumbarton Bridge, and the continuation of an HOV lane from Redwood City to San Francisco. Finding: Palo Alto is located in a dynamic region with a transportation network that is often quite congested. In this context, even small changes over time can contribute to significant traffic congestion. Changes or alterations have been required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Section III, Findings Concerning Alternatives. Rationale for Finding: The proposed Plan includes policies that collectively ensure implementation of this mitigation measure during the course of development proposals and capital improvement projects. For example:  Policy T-8.6: Advocate for efforts by Caltrans and the Valley Transportation Authority to reduce congestion and improve traffic flow on existing freeway facilities consistent with Statewide GHG emissions reduction initiatives.  Policy T-8.7: Support the application of emerging freeway information, monitoring and control systems that provide non-intrusive driver assistance and reduce congestion.  Policy T-8.8: Where appropriate, support the conversion of existing traffic lanes to exclusive bus and HOV lanes or Express/HOT lanes on freeways and expressways, including the Dumbarton Bridge, and the continuation of an HOV lane from Redwood City to San Francisco. The TDM measures called for in Mitigation Measures TRANS-1a and TRANS-3b, which include a TDM mitigation program and other measures, would reduce but not eliminate the impacts on freeway segments. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 32 Resulting Significance: Significant and Unavoidable Impact TRANS-6: Implementation of the project would impede the operation of a transit system as a result of congestion. Mitigation Measure TRANS-6: The proposed Comprehensive Plan shall include policies to collaborate with transit agencies in planning for and implementing convenient, efficient, coordinated, and effective bus service. Finding: Palo Alto is located in a dynamic region with a transportation network that is often quite congested. In this context, even small changes over time can contribute to significant traffic congestion. Changes or alterations have been required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant environmental effect identified in the EIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Section III, Findings Concerning Alternatives. Rationale for Finding: The proposed Plan includes the following policy that ensures implementation of this mitigation measure:  Policy T-1.12: Collaborate with transit agencies in planning and implementing convenient, efficient, coordinated and effective bus service in Palo Alto that addresses the needs of all segments of our population. The incorporation of this policy into the proposed Plan ensures that the City would pursue methods to give priority to buses and transit facilities. Even with implementation of Mitigation Measure TRANS-6, congestion at all intersections and on all roadway segments where buses operate would not be eliminated. Resulting Significance: Significant and Unavoidable Impact TRANS-8: Implementation of the project would create the potential demand for through traffic to use local residential streets. Mitigation Measure TRANS-8: The proposed Comprehensive Plan shall include policies to identify specific improvements that can be used to discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes the following policy that ensures implementation of this mitigation measure:  Policy T-4.3: Identify specific improvements that can be used to discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. Implementation of Mitigation Measure TRANS-8 would ensure that the City pursues improvements to reduce the use of local streets as bypass routes to avoid congestion on 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 33 arterials. The EIR notes that implementation of traffic calming is highly site-specific, depending on the physical characteristics of the street, the circulation pattern of a neighborhood, and whether the residents support specific measures, among many other factors. It is not possible at the Comprehensive Plan level to determine where traffic calming measures would be appropriate or feasible or which specific measures should be implemented along a given roadway or at a given intersection. Resulting Significance: Less than Significant Impact TRANS-9: Implementation of the project would create an operational safety hazard. Mitigation Measure TRANS-9: Implement Mitigation Measure TRANS-8. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: Under Mitigation Measure TRANS-8, the City would pursue improvements to reduce the use of local streets as bypass routes to avoid congestion on arterials. Implementation of this mitigation measure would ensure that safety hazards associated with through traffic are reduced to a less-than-significant level. Resulting Significance: Less than Significant Utilities Impact UTIL-15: Without the adoption of policies to promote recycling and conservation, the proposed Plan could potentially fall out of compliance with federal, State, and local statutes and regulations related to solid waste. Mitigation Measure UTIL-15: To ensure that future development would comply with applicable solid waste regulations, the proposed Plan shall include policies that achieve the following:  Ninety-five percent landfill diversion by 2030, and ultimately zero waste.  Reduced solid waste generation.  Use of reusable, returnable, recyclable, and repairable goods, through enforcement of the 2016 Plastic Foam Ordinance expansion.  Enhanced recycling and composting programs for all waste generators. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies that collectively support implementation of this mitigation measure. For example:  Policy S-3.8: Strive for 95 percent landfill diversion by 2030, and ultimately zero waste, by enhancing policies and programs for waste reduction, recycling, composting and reuse.  Policy S-3.9: Reduce solid waste generation through requiring salvage and reuse of building materials, including architecturally and historically significant materials.  Policy S-3.11: Encourage the use of reusable, returnable, recyclable and repairable goods, and discourage the use of single use plastic water bottles and extended polystyrene 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 34 (Styrofoam), through enforcement of the City’s 2016 Plastic Foam Ordinance expansion and continued incentives, education and responsible City purchasing policies. The incorporation of relevant policies into the proposed Plan ensures the City’s ongoing commitment to recycling and conservation in compliance with federal, State, and local laws. Implementation of Mitigation Measure UTIL-15 would ensure that the City complies with applicable solid waste regulations. Resulting Significance: Less than Significant Impact UTIL-17: The proposed Plan would not result in a substantial increase in natural gas and electrical service demands that would require the new construction of energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing facilities. However, without the adoption of policies in support of energy efficiency and conservation, the proposed Plan would result in a potentially significant impact, requiring mitigation. Mitigation Measure UTIL-17: To ensure that future development would maximize energy efficiency and conservation the proposed Plan shall include policies that achieve the following:  Maximized conservation and efficient use of energy.  Continued procurement of carbon-neutral energy.  Investment in cost-effective energy efficiency and energy conservation programs.  Provision of public education programs addressing energy conservation and efficiency.  Use of cost-effective energy conservation measures in City projects and practices.  Adherence to State and federal energy efficiency standards and policies.  Consideration of a transition to a carbon-neutral natural gas supply. Finding: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Rationale for Finding: The proposed Plan includes policies and programs that collectively support implementation of this mitigation measure. For example:  Policy N-7.1: Continue to procure carbon neutral energy for both long-term and short-term energy supplies, including renewable and hydroelectric resources, while investing in cost- effective energy efficiency and energy conservation programs.  Policy N-7.4: Maximize the conservation and efficient use of energy in new and existing residences and other buildings in Palo Alto.  Program 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.  Program N7.4.3: Incorporate cost-effective energy conservation measures into construction, maintenance and City operation and procurement practices.  Program N7.4.5: Continue to provide public education programs addressing energy conservation and efficiency.  Program N7.7.1: Evaluate the potential for a cost-effective plan for transitioning to a completely carbon-neutral natural gas supply.  Policy N-7.8: Support opportunities to maximize energy recovery from organic materials such as food scraps, yard trimmings and residual solids from sewage treatment. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 35  Policy S-3.10: Continue to implement the City’s Environmentally Preferred Purchasing policy and programs to reduce waste, toxic product use, resource consumption and to maximize energy efficiency. The incorporation of relevant policies and programs into the proposed Plan ensures that the City will continue its ongoing commitment to energy efficiency and conservation. Implementation of Mitigation Measure UTIL-17 would ensure that the City is engaging in planning to reduce natural gas and electricity demands in order to reduce potential impacts associated with the construction of energy supply facilities. Resulting Significance: Less than Significant III. FINDINGS CONCERNING ALTERNATIVES Significant and Unavoidable Impacts CEQA provides that decision-makers should not approve a project as proposed if there are feasible alternatives or feasible mitigation measures that would substantially lessen the significant impacts of the project (CEQA Section 21002). The EIR identified feasible mitigation measures that would reduce several of the potentially significant impacts to less than significant, as further set forth in the Section II findings above. However, the following impacts in the EIR remain significant after mitigation (i.e., significant and unavoidable) and no feasible mitigation or project alternative is identified to reduce impact to less than significant: 1. Impact AIR-2: Implementation of the proposed Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). 2. Impact TRANS-1: Implementation of the project would cause an intersection to drop below its motor vehicle level of service standard, or deteriorate operations at representative intersections that already operate at a substandard level of service. 3. Impact TRANS-3: Implementation of the project would cause a freeway segment or ramp to drop below its level of service standard, or deteriorate operations that already operate at a substandard level of service. 4. Impact TRANS-6: Implementation of the project would impede the operation of a transit system as a result of congestion. All of these significant and unavoidable impacts arise from Palo Alto’s place within a growing region where traffic increases are projected due to forces well beyond the City’s control. Evaluations of virtually any long-range plan developed in this region would reach similar conclusions using the thresholds of significance relied upon in the City’s environmental documents. And even if the City does not update its Comprehensive Plan (as represented by EIR Scenario 1), these impacts would remain significant and unavoidable after the City’s best efforts at mitigation. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 36 In compliance with CEQA, the following findings address whether there are any feasible alternatives or any additional feasible mitigation measures available that would reduce the significant and unavoidable impacts identified in the EIR for the proposed project to less than significant. Project Alternatives CEQA requires that an EIR "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project ..." (CEQA Guidelines Section 15126.6(a)). “If a project alternative will substantially lessen the significant environmental effects of a proposed project, the decision-maker should not approve the proposed project unless it determines that specific economic, legal, social, technological, or other considerations, ... make the project alternative infeasible.” (CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3).) The City Council hereby makes these findings with respect to alternatives. The project objectives are set forth in Chapter 3 of the Supplement to the Draft EIR. As explained in Chapter 2 of the Final EIR and referenced sections of the February 2016 Draft EIR and the Supplement to the Draft EIR, the City has assessed a “range of reasonable alternatives” throughout the environmental document, in the form of four planning scenarios (in the Draft EIR), two additional planning scenarios (in the Supplement to the Draft EIR), and a hybrid “preferred scenario” (in the Final EIR). In addition, Chapter 6 of the February 2016 Draft EIR and Supplement to the Draft EIR discuss a “No Growth Scenario” and an “Environmentally Superior Alternative,” and both the Draft EIR and the Supplement to the Draft EIR discuss alternatives considered and rejected, with an explanation as to why certain concepts were not carried forward for detailed analysis. As further set forth below, the City Council has considered all of the possible alternatives (including the planning scenarios) identified and analyzed in EIR and has elected to adopt the preferred scenario described in Chapter 2 of the Final EIR. None of the other scenarios and alternatives would eliminate the significant impacts identified above, and the City finds that doing so would be infeasible for specific economic, social, or other considerations pursuant to CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3). For CEQA purposes, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, technological, and legal factors. (CEQA Section 21061.1, CEQA Guidelines Section 15364.) 1. No Project Alternative (Scenario 1) CEQA Guidelines Section 15126.6(e) requires that a "No Project Alternative" be evaluated as part of an EIR. Scenario 1 represents a “Business as Usual” scenario that approximates what is expected to occur if the 1998 Comprehensive Plan is not updated and the proposed Plan is not adopted. Thus Scenario 1 represents the “no project alternative” required by CEQA Guidelines Section 15126.6(e). 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 37 Scenario 1 would be expected to result in less residential development than the preferred scenario, but would result in a higher increase in employment than the preferred scenario. As shown in Table 1-3 of the Supplement to the Draft EIR, Scenario 1 would not avoid any of the significant and unavoidable impacts identified for the scenarios. Scenario 1 would also not include any of the policy adjustments included in the June 30, 2017 Draft of the Comprehensive Plan Update, new innovations in housing or new approaches to address the high cost of housing or high jobs-to-employed-residents balance in the city. Under Scenario 1, the Comprehensive Plan would also not be updated to include new policies related to climate change, transportation demand management (TDM), and transit-oriented development. Without policies to address these key issues, Scenario 1 would not fully achieve the City’s objectives to updates the vision for Palo Alto’s future to reflect current conditions and anticipated trends. Finding: The City Council considered a No Project Alterative and declines to adopt it because it does not reduce the project’s significant and unavoidable impacts and is inconsistent with several of the project objectives including:  Provide a legally adequate Comprehensive Plan that updates the vision for Palo Alto’s future to reflect current conditions and anticipated trends.  Establish performance standards to ensure that future development contributes to and does not detract from Palo Alto’s quality of life.  Identify needed roadway improvements to address congestion related to future development.  Enable resiliency and adaptation to respond to the consequences of climate change.  Support Palo Alto’s leadership in relationships with neighboring jurisdictions and State and regional agencies. A comprehensive plan is intended to be an integrated, internally consistent and compatible statement of city policies. State law requires that comprehensive plans be periodically reviewed and revised as necessary (Government Code Sections 65040.5, 65300, 65300.5). Retaining the current comprehensive plan, last comprehensively updated in 1998, without an update to reflect changes in the City’s vision for its development and preservation would not be consistent with State planning law. For all of these reasons, this alternative is infeasible, as supported by the administrative record for the proposed project. 2. No Growth Scenario Appendix H of the Supplement to the Draft EIR provides a discussion and analysis of a “No Growth Scenario,” conducted as a purely hypothetical exercise to highlight the extent to which the proposed Plan’s significant and unavoidable impacts result from regional growth outside of Palo Alto. The No Growth Scenario analysis assumes that the proposed Plan is not adopted and that no growth in population, employment, or square footage would occur in Palo Alto by 2030 beyond the amount of development existing in 2014, plus new growth permitted by fall 2016. Although the No Growth Scenario would result in less development than the preferred scenario, as discussed in Appendix H of the Supplement to the Draft EIR, the No Growth Scenario would not avoid any of the significant and unavoidable impacts identified for the project. This illustrates that, even if Palo Alto were to put measures in place to halt future growth entirely, 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 38 the surrounding region would continue to grow, and as a result many of the impacts identified in the EIR would still occur. The No Growth Scenario is purely hypothetical and would not include strategies to address housing needs, climate change goals, or TDM strategies. Therefore, the No Growth Scenario would not meet the project objectives. Moreover, it is infeasible to implement, as it would be impractical and/or illegal for the City to prevent existing residents from adding to their households or families, and stopping residential growth would violate State housing laws that require local governments to participate in “accommodat[ing] the housing needs of Californians of all economic levels” (California Government Code Section 65580 et seq.). In terms of job growth, while the City could conceivably prevent development of additional non-residential square footage, it would be very difficult to stop employers from adding new employees to existing buildings, and such a moratorium would create intense demand for office space in Palo Alto, increasing commercial rents and creating pressure for non-residential uses such as retail/service business and lower-rent office uses to convert to high-rent, tech-based office and research and development (R&D) uses. Finding: The City Council considered the No Growth Scenario and declines to adopt it because it is infeasible, does not reduce the project’s significant and unavoidable impacts, and is inconsistent with several of the project objectives, including:  Provide a legally adequate Comprehensive Plan that updates the vision for Palo Alto’s future to reflect current conditions and anticipated trends.  Guide future land use and development decisions and assist staff and decision-makers in balancing sometimes competing interests.  Address the needs of a changing population and accommodate additional housing.  Establish performance standards to ensure that future development contributes to and does not detract from Palo Alto’s quality of life.  Reduce the impacts of cars on the environment and improve options for pedestrians, bicyclists, and transit-users.  Preserve existing single-family neighborhoods while allowing the development of diverse types of housing affordable to all members of the community.  Identify needed roadway improvements to address congestion related to future development.  Enable resiliency and adaptation to respond to the consequences of climate change.  Enable the City to deliver top-quality community services to all residents.  Retain existing businesses, maintain vital commercial areas, and attract quality new businesses.  Support Palo Alto’s leadership in relationships with neighboring jurisdictions and State and regional agencies. For all of these reasons, this alternative is infeasible, as supported by the administrative record for the proposed project. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 39 3. Hybrid Alternative Chapter 6 of the February 2016 Draft EIR and Supplement to the Draft EIR provide a discussion of a “Hybrid Alternative.” The discussion of the Hybrid Alternative explains that the scenario adopted by the City as the Comprehensive Plan Update would not be expected to be identical to any of the scenarios analyzed in the February 2016 Draft EIR and Supplement to the Draft EIR, but would rather draw from the scenarios and combine components of various scenarios. The discussion also explains that the Hybrid Alternative would be developed based, in part, on the data and analysis that the February 2016 Draft EIR and Supplement to the Draft EIR provide. Based on the EIR’s conclusions, the Supplement to the Draft EIR states that a Hybrid Alternative would likely be one that combines the moderate rates of housing growth in Scenarios 3 and 5 with the sustainability initiatives tested in Scenarios 4 through 6. The Supplement to the Draft EIR did not predict the number of jobs that would be included in the Hybrid Alternative, but did explain that a lower level of job growth, such as under Scenario 5, would result in fewer GHG emissions. Overall, the Hybrid Alternative would have impacts similar to those of Scenarios 1 through 6. Aesthetics, land use, and population/housing impacts would be similar to Scenarios 3 and 5 if housing sites along San Antonio and South El Camino are eliminated and replaced by higher densities on existing sites closer to transit and services, and if growth control measures are similar to those adopted by the City Council on an interim basis in 2015. The Hybrid Alternative would also have similar less-than-significant impacts to Scenario 2, 3, or 5 in the topic areas of biological resources, cultural resources, geology, hazardous materials, hydrology, public services, and utilities. The Hybrid Alternative could further reduce the transportation, air quality, noise, and greenhouse gas emission impacts associated with Scenario 3 by incorporating some of the sustainability features included in Scenarios 4 through 6 to reduce traffic and vehicle miles traveled. Although, as with Scenarios 1 through 6, proposed mitigation measures could address some of the Hybrid Alternative’s impacts related to transportation, air quality, and noise, some impacts related to transportation and air quality, although reduced, would remain significant even after mitigation measures are applied. The Hybrid Alternative contemplates lower levels of job growth than the preferred scenario, but it also includes lower rates of housing growth than the preferred scenario, so the Hybrid Alternative would be expected to result in a higher jobs-to- employed-residents ratio than the preferred scenario, and therefore would not meet the City’s goals to reduce this ratio. Finding: The City Council considered the Hybrid Alternative and declines to adopt it because it does not reduce the project’s significant and unavoidable impacts and it does not promote as well as the preferred scenario the City’s policy goals and objectives of accommodating anticipated housing growth and improving the City’s jobs to housing (employed resident) imbalance, all as supported by the administrative record for the proposed project. 4. Planning Scenarios 2 Through 6 Scenarios 2 through 6 in the Draft EIR and the Supplement to the Draft EIR are part of the reasonable range of alternatives the City has considered because they present different ways 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 40 that the City could plan for its future and vary in terms of the housing and employment projected to occur by the horizon year of 2030. The preferred scenario that has been selected for adoption shares many characteristics with these other planning scenarios, and was developed by the City Council based on extensive community input and deliberations. As described in Chapter 2 of the Final EIR, the preferred scenario is essentially a hybrid of the other Scenarios, and represents the evolution of a long public planning process. There are not substantial differences in the number or extent of environmental impacts among the scenarios evaluated in the February 2016 Draft EIR and Supplement to the Draft EIR. While the majority of potential impacts could be mitigated to a less-than-significant level, all of the scenarios would result in the same significant and unavoidable impacts to air quality and transportation, and the preferred scenario would result in the same significant and unavoidable impacts. However, there are differences of degree among the scenarios, as described below. A. Scenario 2 Although similar to the preferred scenario, Scenario 2 would result in slightly lower motor vehicle trips than the preferred scenario. Scenario 2 would also result in a lower level of population and jobs growth. Therefore, Scenario 2 would result in lower greenhouse gas and air quality emissions than the preferred scenario. However, Scenario 2 would result in a greater jobs/housing imbalance than the preferred scenario and would not meet the City’s goal to expand housing options as well as the preferred scenario. B. Scenario 3 Scenario 3 would result in more motor vehicle trips than the preferred scenario. Scenario 3 would result in a level of population growth equal to the lower end of the preferred scenario, and a higher level of job growth. Therefore, Scenario 3 would result in higher levels of greenhouse gas and air quality emissions than the preferred scenario. Overall, Scenario 3 would result in a greater jobs/housing imbalance than the preferred scenario and would not meet the City’s sustainability goals as well as the preferred scenario. C. Scenario 4 Scenario 4 would result in lower motor vehicle trips than the preferred scenario. Scenario 4 would result in a level of population growth equal to the higher end of the preferred scenario, and a higher level of job growth. Overall, due to its lower motor vehicle trips, Scenario 4 would be expected to result in lower greenhouse gas and air quality emissions than the preferred scenario. However, Scenario 4 would result in a greater jobs/housing imbalance than the preferred scenario, which would conflict with City goals. D. Scenario 5 Scenario 5 would result in the fewest motor vehicle trips of all the scenarios (including the preferred scenario). Scenario 5 would result in a level of population growth equal to the lower end of the preferred scenario, and less jobs growth than the preferred scenario. Overall, Scenario 5 would result in a similar jobs/housing balance as the preferred scenario (slightly higher than the preferred scenario within the city but lower within the city plus Sphere of Influence). In addition, Scenario 5 would include the sustainability measures of Scenarios 4 and 6. Overall, due to its lower motor vehicle trips, lower overall growth, and similar jobs/housing balance, Scenario 5 would be expected to result in lower greenhouse gas and air quality 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 41 emissions than the preferred scenario. By combining the rigorous sustainability initiatives of Scenarios 4 and 6 with the modest housing growth of Scenario 3 and low job growth of Scenario 6, Scenario 5 would be the environmentally preferred scenario. However, Scenario 5 would not meet the City’s goals to expand housing options. E. Scenario 6 Scenario 6 would result in lower motor vehicle trips than the preferred scenario. Scenario 6 would result in more population growth and less jobs growth than the preferred scenario and would achieve the lowest jobs-to-employed-residents ratio of all the scenarios (including the preferred scenario). In addition, Scenario 6 would include the sustainability measures of Scenarios 4 and 5. Overall, due to its lower motor vehicle trips and jobs/housing balance, Scenario 6 would be expected to result in lower greenhouse gas and air quality emissions than the preferred scenario. Scenario 6 would have the highest population growth of any scenario, exceeding regional projections and resulting in the greatest demand for schools, parkland, and services provided to residents. As a result, Scenario 6 would not meet the project objective regarding service delivery as well as the preferred scenario. Finding: The City Council considered Scenarios 2 through 6 and declines to adopt any of these scenarios. Scenario 3 would not reduce the project’s significant and unavoidable impacts. Scenarios 2, 4, 5, and 6 would somewhat lessen, but would not avoid, the project’s significant and unavoidable impacts, but are less responsive to the project objectives than the preferred scenario, particularly to the objective to address the needs of a changing population, accommodating additional housing, and enabling delivery of top-quality community services to all residents. IV. STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Palo Alto adopts and makes the following Statement of Overriding Considerations regarding the significant, unavoidable impacts of the Project and the anticipated benefits of the Project. General. The City is considering approval of the Comprehensive Plan Update 2030 (“proposed project”). CEQA requires decision-makers to balance the economic, legal, social, technological or other benefits of a proposed project against its unavoidable impacts when determining whether to approve the project. If the specific benefits of a project outweigh the unavoidable adverse environmental effects, those effects may be considered acceptable, and the agency must state the specific reasons to support the action in a “statement of overriding considerations” supported by substantial evidence in the record. (CEQA Guidelines Section 15903). Pursuant to CEQA Guidelines Section 15093, the City Council must adopt a Statement of Overriding Considerations for the significant and unavoidable impacts of the project in connection with approval of the project. The City Council believes that many of the unavoidable environmental effects identified in the EIR will be substantially lessened by mitigation measures adopted with the EIR and implemented with future development and actions taken under the project. Even with mitigation, the City Council recognizes that the implementation of the project carries with it significant and unavoidable environmental effects, as identified in the EIR. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 42 Adoption of the June 30, 2017 Draft of the Comprehensive Plan Update 2030, with the specific changes included in the City Council’s resolution, would result in the following significant and unavoidable impacts: 5. Impact AIR-2: Implementation of the proposed Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). 6. Impact TRANS-1: Implementation of the project would cause an intersection to drop below its motor vehicle level of service standard, or deteriorate operations at representative intersections that already operate at a substandard level of service. 7. Impact TRANS-3: Implementation of the project would cause a freeway segment or ramp to drop below its level of service standard, or deteriorate operations that already operate at a substandard level of service. 8. Impact TRANS-6: Implementation of the project would impede the operation of a transit system as a result of congestion. Overriding Considerations The City Council has carefully considered each significant unavoidable project impact in reaching its decision to approve the project. Even with mitigation, the City Council recognizes that implementation of the project carries with it unavoidable adverse environmental effects, as identified in the EIR. The City Council specifically finds that, to the extent that the identified significant adverse impacts for the project have not been reduced to acceptable levels through feasible mitigation or alternatives, there are specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits that outweigh the project’s significant unavoidable impacts and support approval of the project. Any one of these benefits as set forth below is sufficient to justify approval of the project. The substantial evidence supporting the various benefits is in the record as a whole. The following statement identifies the reasons why, in the City’s judgment, specific benefits of the project outweigh the significant and unavoidable effects. The City finds that each of the project benefits discussed below is a separate and independent basis for these findings. The reasons set forth below are based on the Final EIR and other information in the administrative record. Economic Benefits 1. The proposed Plan strengthens strategies to preserve retail. 2. The proposed Plan includes a cumulative “cap” on the amount of new office/research and development (R&D) space that would allow up to 1.7 million square feet of new office/R&D uses over the life of the plan. 3. The proposed Plan allows the City to remain a competitive and innovative business destination. Legal Benefits 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 43 1. The proposed Plan updates sections of the City’s Comprehensive Plan that are required by State law, and the State recommends that local jurisdictions update their plans every 10 years. Social Benefits 1. The proposed Plan was developed to reflect community priorities and concerns, with extensive input from the general public, a Citizens Advisory Committee, the Planning and Transportation Commission, and the City Council. 2. The proposed Plan responds to community concerns about housing affordability and availability. 3. The proposed Plan would allow a balance of development that would help to reduce the City’s jobs/housing imbalance. 4. The proposed Plan would preserve existing parks, recreational facilities, and open space areas. 5. The proposed Plan would protect and preserve existing residential neighborhoods. Technological Benefits 1. The proposed Plan supports Caltrain modernization, including electrification. Environmental Benefits 1. The proposed Plan updates the City’s policy framework to address important contemporary environmental issues, including as climate change and greenhouse gas emissions. 2. The proposed Plan includes a program to formalize transportation demand management (TDM) requirements. 3. The proposed Plan would protect and enhance the urban forest as natural infrastructure. 4. The proposed Plan concentrates growth in existing corridors and nodes, and thereby results in fewer impacts from the construction of new infrastructure and reduces vehicle miles traveled per capita, which translates into air quality and greenhouse gas emissions benefits and increases in resources and energy efficiency. 5. The proposed Plan includes policies that encourage conservation of water and energy resources in conformance with the City’s sustainability goals. 171003 JB SL/PLANNING/LONGRANGE/COMP PLAN 44 V. MITIGATION MONITORING AND REPORTING PROGRAM Attached to this Resolution as Exhibit A and incorporated and adopted as part of this Resolution herein is the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project required under Public Resources Code Section 21081.6. The MMRP identifies impacts of the Project, corresponding mitigation, timing for implementation, and designation for responsibility for mitigation implementation and monitoring. VI. LOCATION AND CUSTODIAN OF RECORDS The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Department of Planning and Community Environment, 285 Hamilton Avenue, Palo Alto, CA 94301. The official custodian of the record is the Planning and Community Environment Director at the same address. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: ______________________________ _________________________________ City Clerk Mayor APPROVED AS TO FORM: _________________________________ City Manager _______________________________ Assistant City Attorney _________________________________ Director of Planning and Community Environment PLACEWORKS 1 Mitigation Monitoring and Reporting Program This Mitigation Monitoring and Reporting Program (MMRP) for the City of Palo Alto is intended to ensure the implementation of mitigation measures identified as part of the environmental review for the proposed project. The proposed project is the adoption and implementation of an updated Comprehensive Plan for the City of Palo Alto, along with associated amendments to the City of Palo Alto Zoning Code. The MMRP includes the following information: A list of mitigation measures. The timing for implementation of each mitigation measure. The agency responsible for monitoring implementation. The monitoring action and frequency. The City of Palo Alto must adopt this MMRP, or an equally effective program, if it adopts the City of Palo Alto Comprehensive Plan Update and associated Zoning Code amendments with the mitigation measures that were adopted or made conditions of project adoption. EXHIBIT A COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 2 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency Aesthetics and Visual Resources AES-1: Implementation of the proposed Plan would have the potential to substantially degrade the existing visual character or quality of the area and its surroundings. AES-1: To ensure that increased residential densities would not degrade the visual character or quality of the area, the proposed Plan shall include policies that achieve the following:  High-quality building and site design.  Compatibility with the neighborhood and adjacent structures.  Enhancement of existing commercial centers.  Requirements for landscaping and street trees.  Preservation and creation of a safe and inviting pedestrian environment.  Appropriate building form, massing, and setbacks. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto Planning and Community Environment (PCE) Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments AES-4: Implementation of the proposed Plan would have the potential to substantially shadow public open space (other than public open streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 21. AES-4: The City shall amend its local CEQA guidelines to require development projects of a certain size or location to prepare an analysis of potential shade/shadow impacts. The analysis shall focus on potential impacts to public open spaces (other than public streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 21. The analysis shall identify whether the project would shadow open spaces during these times, explain how the project meets City design requirements and other City policy goals, and describe ways to mitigate substantial shade and shadow impacts through feasible building and site design features. City of Palo Alto PCE Department Within twelve months of proposed Comprehensive Plan adoption City of Palo Alto PCE Department Confirm update of CEQA guidelines. Once COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 3 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency Air Quality AIR-1: Without inclusion of air quality policies, implementation of the proposed Plan could conflict with or obstruct implementation of the applicable air quality plan. AIR-1: To ensure consistency with the 2010 Bay Area Clean Air Plan, the proposed Plan shall include policies that achieve the following:  Reduction in emissions of particulates from automobiles, manufacturing, construction activity, and other sources (e.g., dry cleaning, wood burning, landscape maintenance).  Support for regional, State, and federal programs that improve air quality.  Support for transit, bicycling, and walking.  Mix of uses (e.g., housing near employment centers) and development types (e.g., infill) to reduce the need to drive. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments AIR-2: Implementation of the proposed Plan could violate an air quality standard; contribute substantially to an existing or project air quality violation; and/or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). AIR-2a: The City shall amend its local CEQA Guidelines and Municipal Code to require, as part of the City’s development approval process, that future development projects comply with the current BAAQMD basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the BAAQMD CEQA Guidelines). City of Palo Alto PCE Department Within twelve months of proposed Comprehensive Plan adoption City of Palo Alto PCE Department Confirm update of CEQA guidelines and Municipal Code. Once AIR-2b: The City shall amend its local CEQA Guidelines to require that, prior to issuance of construction permits, development project City of Palo Alto PCE Department Within twelve months of proposed City of Palo Alto PCE Department Confirm update of CEQA guidelines. Once COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 4 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency applicants that are subject to CEQA and have the potential to exceed the BAAQMD screening-criteria listed in the BAAQMD CEQA Guidelines prepare and submit to the City of Palo Alto a technical assessment evaluating potential project construction-related air quality impacts. The evaluation shall be prepared in conformance with BAAQMD methodology in assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the BAAQMD thresholds of significance, as identified in the BAAQMD CEQA Guidelines, the City of Palo Alto shall require that applicants for new development projects incorporate mitigation measures (Table 8-3, Additional Construction Mitigation Measures Recommended for Projects with Construction Emissions Above the Threshold, of the BAAQMD CEQA Guidelines or applicable construction mitigation measures subsequently approved by BAAQMD) to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City. Comprehensive Plan adoption AIR-2c: To ensure that development projects that have the potential to exceed the BAAQMD screening criteria air pollutants listed in the BAAQMD CEQA Guidelines reduce regional air pollutant emissions below the BAAQMD thresholds of significance, the proposed Plan shall include policies that require compliance with BAAQMD requirements, including BAAQMD CEQA Guidelines. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments AIR-2d: Implement Mitigation Measures TRANS-1a and TRANS-1b. In addition, to reduce long-term air quality impacts by emphasizing walkable neighborhoods and supporting alternative modes of Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 5 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency transportation, the proposed Plan shall include policies that achieve the following:  Enhanced pedestrian and bicycle connections between commercial and mixed-use centers. AIR-3: Implementation of the proposed Plan would expose sensitive receptors to substantial concentrations of air pollution. AIR-3a: The City of Palo Alto shall update its CEQA Procedures to require that future non-residential projects within the city that: 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel- powered TRUs, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of a proposed project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Palo Alto prior to future discretionary project approval or shall comply with best practices recommended for implementation by the BAAQMD. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds the BAAQMD significance thresholds, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. Mitigation measures and best practices may include but are not limited to:  Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.  Electrifying warehousing docks.  Requiring use of newer equipment and/or vehicles. City of Palo Alto PCE Department Within twelve months of Plan adoption City of Palo Alto PCE Department Confirm update of CEQA Procedures. Once COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 6 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency  Restricting off-site truck travel through the creation of truck routes. Mitigation measures identified in the project-specific HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of a proposed project. AIR-3b: To ensure that new industrial and warehousing projects with the potential to generate new stationary and mobile sources of air toxics that exceed the BAAQMD project-level and/or cumulative significance thresholds for toxic air contaminants and PM2.5 listed in the BAAQMD CEQA Guidelines reduce emissions below the BAAQMD thresholds of significance, amend the City’s CEQA guidelines to require compliance with BAAQMD requirements. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments AIR-3c: The proposed Plan shall include policies to mitigate potential sources of toxic air contaminants through siting or other means to reduce human health risks and meet the Bay Area Air Quality Management District’s applicable threshold of significance. Policies shall also require that new sensitive land use projects (e.g., residences, schools, hospitals, nursing homes, parks or playgrounds, and day care centers) within 1,000 feet of a major stationary source of TACs and roadways with traffic volumes over 10,000 vehicles per day consider potential health risks and incorporate adequate precautions, such as high-efficiency air filtration, into project design. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies continue to mitigate this impact. Prior to Comprehensive Plan policy amendments AIR-4: Implementation of the proposed Plan could create or expose a substantial number of people to objectionable odors unless policies are AIR-4: To reduce odor impacts, the proposed Plan shall include policies requiring:  Buffers, mechanical, and other mitigation methods to avoid creating a nuisance. Implementation is complete with the adoption and implementation of the policies and programs in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 7 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency integrated into the proposed Plan. Cultural Resources CULT-1: Implementation of the proposed Plan could adversely affect a historic resource listed or eligible for listing on the National and/or California Register, or listed on the City’s Historic Inventory. CULT-1: To ensure the protection of potentially historic resources, the proposed Plan shall include policies that achieve the following:  Process for reviewing proposed demolition or alteration of potentially historic buildings.  Protection of archaeological resources. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments CULT-2: Implementation of the proposed Plan could eliminate important examples of major periods of California history or prehistory. CULT-2: Implement Mitigation Measure CULT-1. See Mitigation Measure CULT-1. CULT-3: Implementation of the proposed Plan could cause damage to an important archaeological resource as defined in Section 15064.5 of the CEQA Guidelines. CULT-3: Implement Mitigation Measure CULT-1. In addition, to ensure that future development would not damage archaeological resources, the proposed Plan shall include policies that achieve the following:  Archaeological surveys and mitigation plans for future development projects.  Developer compliance with applicable regulations regarding the identification and protection of archaeological and paleontological deposits, and unique geologic features.  Appropriate tribal consultation and consideration of tribal concerns. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments CULT-5: Implementation of the proposed Plan would have the potential to directly or indirectly destroy a unique paleontological resource or site or unique CULT-5: Implement Mitigation Measure CULT-3. See Mitigation Measure CULT-3. COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 8 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency geologic feature. CULT-7: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to cultural resources. CULT-7: Implement Mitigation Measures CULT-1 and CULT-3. See Mitigation Measures CULT-1 and CULT-3. Greenhouse Gas Emissions and Climate Change GHG-3: The proposed Plan would expose people or structures to the physical effects of climate change, including but not limited to flooding, extreme temperatures, public health, wildfire risk, or other impacts resulting from climate change, requiring mitigation. GHG-3: To address the potential impacts associated with exposing people to the effects of climate change, the proposed Plan shall include policies that achieve the following:  Monitoring and response to flooding risks caused by climate change-related changes to precipitation patterns, groundwater levels, sea level rise, tides, and storm surges.  Cooperative planning with federal, State, regional, and local public agencies on issues related to climate change (including sea level rise and extreme storms).  Preparation of response strategies to address sea level rise, increased flooding, landslides, soil erosion, storm events, and other events related to climate change.  Implementation of adaptive strategies to address impacts of sea level rise on Palo Alto’s levee system. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 9 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency Hydrology and Water Quality HYD-2: The proposed Plan could substantially degrade or deplete ground water resources or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. HYD-2: To reduce potential impacts associated with construction dewatering the proposed Plan shall include policies that achieve the following:  Avoidance of the impacts of basement construction for single-family homes on the natural environment and safety.  Conservation of subsurface water resources.  Construction techniques and recharge strategies to reduce subsurface and surface water impacts.  Monitoring of dewatering and excavation projects.  Cooperation with other jurisdictions and regional agencies to protect groundwater.  Protection of groundwater as a natural resource. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments Land Use and Planning LAND-1: The proposed Plan could adversely change the type or intensity of existing or planned land use patterns in the area. LAND-1: To ensure that the intensity of future development would not adversely change the land use patterns or affect the livability of Palo Alto neighborhoods, the proposed Plan shall include policies that achieve the following:  Strengthening of residential neighborhoods.  Vitality of commercial areas and public facilities.  High-quality building and site design.  Architectural compatibility of new development.  Compatible infill development.  Avoidance of abrupt changes in the scale of development where residential districts abut more intense uses. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments LAND-2: The proposed Plan would allow development that could be incompatible with adjacent land uses or with the general character of LAND-2: Implement Mitigation Measure LAND-1. In addition, to further reduce potential impacts to visual character and ensure compatibility with adjacent land uses, the proposed Plan shall include policies that achieve the following: Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 10 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency the surrounding area, including density and building height.  Use of City procedures, plans, and requirements to ensure high-quality building design and architectural compatibility. LAND-5: The proposed Plan could physically divide an established community. LAND-5: To avoid potential impacts from physically dividing an established community, the proposed Plan shall include policies that achieve the following:  Enhanced connections to and from parks, schools, and community facilities for all users.  Safe and convenient pedestrian, bicycle, and transit connections between residential areas and commercial centers.  Cooperation with other agencies to improve circulation connections.  Grade separation of rail crossings. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments Noise NOISE-1: Implementation of the proposed Plan would have the potential to cause the average 24-hour noise level (Ldn) to increase by 5.0 decibels (dB) or more in an existing residential area, even if the Ldn would remain below 60 dB. NOISE-1a: To ensure that average 24-hour noise levels associated with long-term operational noise would not increase by 5.0 decibels (dB) or more in an existing residential area, the proposed Plan shall include policies that achieve the following:  Location of land uses in areas with compatible noise environments.  Use of the guidelines in the “Land Use Compatibility for Community Noise Environment” table in the proposed Plan to evaluate the compatibility of proposed land uses with existing noise environments.  Clear guidelines for maximum outdoor noise levels in residential areas.  Adherence to the interior noise requirements of the State of California Building Standards Code (Title 24) and the Noise Insulation Standards (Title 25).  Inclusion of a noise contour map in the proposed Plan. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 11 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency  Reduction of noise impacts of development on adjacent properties.  Evaluation of noise impacts on existing residential, open space, and conservation land.  Requirement for new projects in the Multiple Family, Commercial, Manufacturing, or Planned Community districts to demonstrate compliance with the Noise Ordinance. NOISE-1b: To reduce potential impacts to new land uses from aircraft noise, the proposed Plan shall include policies that achieve the following:  Compliance with the airport-related land use compatibility standards for community noise environments.  Prohibition of incompatible land use development within the 60 dBA CNEL noise contours of the Palo Alto airport, as established in the adopted County of Santa Clara Airport Land Use Commission Comprehensive Land Use Plan (CLUP) for the Palo Alto Airport. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments NOISE-1c: To reduce potential impacts to new land uses from railway noise, the proposed Plan shall include policies that achieve the following:  Minimization of noise spillover from rail-related activities into adjacent residential or noise- sensitive areas.  Building design that reduces impacts from noise and ground borne vibrations associated with rail operations.  Guidelines for interior noise levels. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments NOISE-2: Implementation of the proposed Plan would have the potential to cause the Ldn to increase by 3 dB or more in an existing residential area, thereby NOISE-2: Implement Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. See Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 12 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency causing the Ldn in the area to exceed 60 dB. NOISE-3: Implementation of the proposed Plan would have the potential to cause an increase of 3 dB or more in an existing residential area where the Ldn currently exceeds 60 dB. NOISE-3: Implement Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. See Mitigation Measures NOISE-1a, NOISE-1b, and NOISE-1c. NOISE-4: Implementation of the proposed Plan would have the potential to result in indoor noise levels for residential development to exceed an Ldn of 45 dB. NOISE-4a: Implement Mitigation Measure NOISE-1a. See Mitigation Measure NOISE-1a. NOISE-4b: The Land Use Noise Compatibility Guidelines established in the 1998 Comprehensive Plan shall be maintained. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments NOISE-5: Implementation of the proposed Plan would have the potential to expose persons to or generate excessive ground-borne vibration or ground-borne noise levels. NOISE-5a: To ensure that future development would not result in significant construction-related vibration impacts, the proposed Plan shall include policies that limit the hours of construction around sensitive receptors, and require formal, ongoing monitoring and reporting throughout the construction process for larger development projects, as well as the use of pertinent industry standards and City guidelines to avoid significant vibration impacts during construction or operations. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments NOISE-5b: Implement Mitigation Measure NOISE-1c. See Mitigation Measure NOISE-1c. NOISE-6: Implementation of the proposed Plan would have the potential to expose people to noise levels in excess of established State standards. NOISE-6: Implement Mitigation Measures NOISE-4a and NOISE-4b. See Mitigation Measures NOISE-4a and NOISE-4b. COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 13 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency NOISE-7: Implementation of the proposed Plan would have the potential to result in the exposure of persons to or generation of noise levels in excess of standards established in the local General Plan or noise ordinance, or applicable standards of other agencies. NOISE-7: Implement Mitigation Measures NOISE-1a, NOISE-1b, NOISE-1c, NOISE-4a, and NOISE-4b. See Mitigation Measures NOISE-1a, NOISE-1b, NOISE-1c, NOISE-4a, and NOISE-4b. NOISE-8: Implementation of the proposed Plan could result in a potentially substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. NOISE-8: To ensure that future development would not result in significant impacts to sensitive receptors from construction noise, the proposed Plan shall include policies that achieve the following:  Construction noise limits around sensitive receptors.  Monitoring and reporting plans for construction noise levels of larger development projects.  Noise control measures to ensure compliance with the noise ordinance. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments NOISE-11: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, may result in significant cumulative impacts with respect to noise. NOISE-11a: Implement Mitigation Measure NOISE- 1c. See Mitigation Measure NOISE-1c. NOISE-11b: To address overall community noise impacts from train noise to the extent such noise is within the City’s control and in excess of established State and/or City standards, the proposed Plan shall include policies that achieve the following:  Efforts to develop and implement technological methods to reduce train whistle noise from Caltrain. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 14 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency  Evaluation of at-grade rail crossings as potential Quiet Zones based on Federal Railroad Administration (FRA) rules and guidelines.  Grade separation of rail crossings as a City priority. Public Services and Recreation PS-7: Implementation of the proposed Plan would result in an adverse physical impact from the construction of additional parks and recreation facilities in order to maintain acceptable performance standards. PS-7: To address the potential physical impacts of park construction/improvement, the Comprehensive Plan Update shall include policies that achieve the following:  Evaluation and mitigation of the construction impacts associated with park and recreational facility creation and expansion. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments PS-8: Implementation of the proposed Plan would have the potential to result in substantial cumulative adverse physical impacts associated with the provision of new or physically altered parks and recreational facilities, need for new or physically altered parks and recreation facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. PS-8: Implement Mitigation Measure PS-7. See Mitigation Measure PS-7. Transportation and Traffic TRANS-1: Implementation of TRANS-1a: Adopt a programmatic approach to City of Palo Alto Within six City of Palo Alto Confirm program adoption. Once COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 15 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency the project would cause an intersection to drop below its motor vehicle level of service standard, or deteriorate operations at representative intersections that already operate at a substandard level of service. reducing motor vehicle traffic, with the goal of achieving no net increase in peak-hour motor vehicle trips from new development, with an exception for uses that directly contribute to the neighborhood character and diversity of Palo Alto (such as ground- floor retail and below-market-rate housing). The program should, at a minimum, require new development projects above a specific size threshold to prepare and implement a Transportation Demand Management (TDM) Plan to achieve the following reduction in peak-hour motor vehicle trips from the rates included in the Institute of Transportation Engineers’ Trip Generation Manual for the appropriate land use category and size. These reductions are deemed aggressive, yet feasible, for the districts indicated.  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 TDM Plans must be approved by the City and monitored by the property owner or the project proponent on an annual basis. The Plans must contain enforcement mechanisms or penalties that accrue if targets are not met and may 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. PCE Department, Transportation Division (responsible for program adoption) months of proposed Comprehensive Plan adoption PCE Department Project applicants (responsible for TDM plans) Prepare TDM Plan, if required, prior to issuance of occupancy permits. City of Palo Alto PCE Department Property owner or project proponent Review and approve TDM Plans. Monitor enforcement of TDM Plans consistent with Palo Alto Municipal Code Section 18.34.040(d)(4) Once Annually TRANS-1b: Require new development projects to pay a Transportation Impact Fee for all those peak-hour City of Palo Alto PCE Department Ongoing City of Palo Alto PCE Department Verify collection of fees. Ongoing COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 16 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency motor vehicle trips that cannot be reduced via TDM measures. Fees collected would be used for capital improvements aimed at reducing motor vehicle trips and motor vehicle traffic congestion. TRANS-1c: The proposed Plan shall include policies to ensure collaboration with regional agencies and neighboring jurisdictions, and identification and pursuit of funding for rail corridor improvements and grade separation. Policies shall support grade separation of rail crossings along the rail corridor as a City priority, and the undertaking of studies and outreach necessary to advance grade separation of Caltrain to become a “shovel ready” project. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments TRANS-1d: Consistent with State requirements, the City shall adopt a Multimodal Improvement Plan to address impacts to Congestion Management Program facilities. In addition, the proposed Plan shall include policies to engage in regional transportation planning and advocate for specific transit improvements and investments, such as Caltrain service enhancements and grade separations, Dumbarton Express service, enhanced bus service on El Camino Real with queue-jump lanes and curbside platforms, high-occupancy vehicle (HOV)/high-occupancy toll (HOT) lanes, and additional VTA bus service. City of Palo Alto PCE Department, Transportation Division (responsible for Multimodal Improvement Plan) See “Monitoring Action” notes regarding Multimodal Improvement Plans. City of Palo Alto PCE Department Three CMP intersections would be affected by this impact. Intersection #8 (El Camino Real at San Antonio Road) is located in Mountain View and Los Altos. The City of Mountain View is currently drafting a Multimodal Improvement Plan that includes this intersection. The City of Palo Alto shall participate in development of this Multimodal Improvement Plan. The other two intersections will not require Multimodal Improvement Plans. Intersection #9 (Foothill Expressway/Junipero Serra Boulevard at Page Mill Road) is grandfathered in with an automobile LOS of F and is therefore exempt from meeting the CMP standard. For Intersection #10 (Foothill Expressway at Arastradero Road), the City shall make a fair share Ongoing COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 17 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency contribution toward a full grade separation project. With the construction of the grade- separation project, this intersection should operate at an acceptable level of service, and no longer require the development of a Multimodal Improvement Plan. The City shall monitor the progress of the grade separation project and confirm with the County and VTA that no Multimodal Improvement Plan is required following its completion. Policy implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments TRANS-1e: The proposed Plan shall include policies to encourage the PAUSD to analyze decisions regarding school assignments to reduce peak-period motor vehicle trips to and from school sites. City of Palo Alto PCE Department Ongoing, as part of regular collaboration and communication with the Palo Alto Unified School District City of Palo Alto PCE Department Confirm communication. Ongoing TRANS-3: Implementation of the project would cause a freeway segment or ramp to drop below its level of service standard, or deteriorate operations that already operate at a substandard level of service. TRANS-3a: The City shall require new development projects to prepare and implement TDM programs, as described in TRANS-1a. TDM programs for worksites may include measures such as private bus services and free shuttle services to transit stations geared towards commuters. See Mitigation Measure TRANS-1a. COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM 18 AUGUST 2017 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency TRANS-3b: The proposed Comprehensive Plan shall include policies that advocate for efforts by Caltrans and the Valley Transportation Authority to reduce congestion and improve traffic flow on existing freeway facilities consistent with Statewide GHG emissions reduction initiatives. Policies shall support the application of emerging freeway information, monitoring, and control systems that provide non-intrusive driver assistance and reduce congestion. Policies shall support, where appropriate, the conversion of existing traffic lanes to exclusive bus and high-occupancy vehicle (HOV)/high-occupancy toll (HOT) lanes on freeways and expressways, including the Dumbarton Bridge, and the continuation of an HOV lane from Redwood City to San Francisco. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments TRANS-6: Implementation of the project would impede the operation of a transit system as a result of congestion. TRANS-6: The proposed Comprehensive Plan shall include policies collaborate with transit agencies in planning for and implementing convenient, efficient, coordinated, and effective bus service. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments TRANS-8: Implementation of the project would create the potential demand for through traffic to use local residential streets. TRANS-8: The proposed Comprehensive Plan shall include policies to identify specific improvements that can be used to discourage drivers from using local, neighborhood streets to bypass traffic congestion on arterials. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments TRANS-9: Implementation of the project would create an operational safety hazard. TRANS-9: Implement Mitigation Measure TRANS-8. See Mitigation Measure TRANS-8. Utilities and Service Systems UTIL-15: Without the adoption of policies to promote recycling and conservation, the proposed UTIL-15: To ensure that future development would comply with applicable solid waste regulations, the proposed Plan shall include policies that achieve the following: Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments COMPREHENSIVE PLAN UPDATE FINAL EIR CITY OF PALO ALTO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 19 Environmental Impact Mitigation Measure Implementation Responsibility Implementation Timing Monitoring Responsibility Monitoring Action Monitoring Frequency Plan could potentially fall out of compliance with federal, State, and local statutes and regulations related to solid waste.  Ninety-five percent landfill diversion by 2030, and ultimately zero waste.  Reduced solid waste generation.  Use of reusable, returnable, recyclable, and repairable goods, through enforcement of the 2016 Plastic Foam Ordinance expansion.  Enhanced recycling and composting programs for all waste generators. UTIL-17: The proposed Plan would not result in a substantial increase in natural gas and electrical service demands that would require the new construction of energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing facilities. However, without the adoption of policies in support of energy efficiency and conservation, the proposed Plan would result in a potentially significant impact, requiring mitigation. UTIL-17: To ensure that future development would maximize energy efficiency and conservation the proposed Plan shall include policies that achieve the following:  Maximized conservation and efficient use of energy.  Continued procurement of carbon-neutral energy.  Investment in cost-effective energy efficiency and energy conservation programs.  Provision of public education programs addressing energy conservation and efficiency.  Use of cost-effective energy conservation measures in City projects and practices.  Adherence to State and federal energy efficiency standards and policies.  Consideration of a transition to a carbon-neutral natural gas supply. Implementation is complete with the adoption and implementation of the policies in the proposed Comprehensive Plan Update. City of Palo Alto PCE Department Review future Comprehensive Plan policy amendments to ensure that relevant policies are not removed or weakened. Prior to Comprehensive Plan policy amendments Not Yet Approved 170901 jb Lee/Planning/LongRange Resolution No _____ Resolution of the Council of the City of Palo Alto Adopting the City of Palo Alto Comprehensive Plan Update RECITALS A. The City Council is authorized by Title 19 of the Palo Alto Municipal Code and state law to adopt and, from time to time, amend the general plan (known as the Comprehensive Plan in the City of Palo Alto) governing the physical development of the City of Palo Alto. B. In 1998, the City Council adopted the Comprehensive Plan entitled, “Embracing the New Century, Palo Alto 1998-2010 Comprehensive Plan,” which Plan has since been amended by the Council. This Plan is referred to herein as the “1998 Comprehensive Plan”. C. Through an extensive and lengthy public process including the convening of a Citizens Advisory Committee (“CAC”) and numerous public hearings held by the CAC, the Planning and Transportation Commission and the City Council, the City of Palo Alto has prepared that certain comprehensive update to the 1998 Comprehensive Plan entitled “Our Palo Alto 2030,” proposed for approval and adoption by the City Council. D. In accordance with Title 19 of the Palo Alto Municipal Code, all Comprehensive Plan amendment proposals are referred to the Planning and Transportation Commission of the City of Palo Alto for review and recommendation prior to City Council consideration of the amendments. On June 12, 2017, after receiving the CAC recommendation and holding additional public hearings, the City Council identified a preferred planning scenario and forwarded the draft Comprehensive Plan Update to the Planning and Transportation Commission. The draft Comprehensive Plan Update is referred to herein as the “June 30, 2017 Draft of the Comprehensive Plan Update” which reflects the date that the Plan was transmitted to the Planning and Transportation Commission. E. From July 12, 2017 to September 27, 2017, the Planning and Transportation Commission held five public hearings to consider the draft Comprehensive Plan Update, at which interested persons were given the opportunity to appear and present their views with respect to the Comprehensive Plan Update. F. At the conclusion of the final public hearing on September 27, 2017, the Planning and Transportation Commission transmitted its recommendations to the City Council on the proposed Comprehensive Plan Update. G. Concurrently with the Planning and Transportation Commission review, City staff prepared a list of minor corrections and clarifications to June 30, 2017 Draft of the Comprehensive Plan Update (the “Errata”). H. An original of the proposed Comprehensive Plan Update is on file in the office of the Director of Planning and Community Environment of the City, with a copy submitted to the City Council for its consideration. Not Yet Approved 170901 jb Lee/Planning/LongRange I. Pursuant to Title 19 of the Palo Alto Municipal Code, public notice was given that on October 23, 2017, at 5:00 p.m. and November 13, 2017, at 6:00 p.m. in the Council Chambers at City Hall, 285 Hamilton Avenue, Palo Alto, California, the Council would hold a public hearing where interested persons could appear, be heard, and present their views with respect to the proposed Comprehensive Plan Update. J. The Council held a duly noticed public hearing at the dates and times in Recital I above and gave all persons full opportunity to be heard and to present their views with respect to the proposed Comprehensive Plan Update. K. On __________, the Council reviewed, considered and certified that certain Final Environmental Impact Report for the proposed Comprehensive Plan Update by Resolution No. ________, and on ___________, the Council adopted adopted related findings by Resolution No. _________, all in accordance with the California Environmental Quality Act. Both actions were taken prior to the Council making its determination on the proposed Comprehensive Plan Update. L. The Council is the decision-making body for adoption of the proposed Comprehensive Plan Update. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Public Hearing Draft of the Comprehensive Plan Update dated June 30, 2017 (referred to herein as the “June 30, 2017 Draft of the Comprehensive Plan Update”) is hereby adopted, subject to the modifications set forth in the Errata document, the modifications recommended by the Planning and Transportation Commission, and the additional modifications approved by the Council, all of which modifications are attached hereto and incorporated herein as Exhibit A. [Exhibit A to be prepared upon Council action on the Errata, PTC recommendations, and further Council direction at the plan adoption hearings.] The Council finds and determines that the Final Environmental Impact Report adequately evaluated and provides a sufficient basis to approve the Comprehensive Plan Update including these modifications, and that the modifications, individually and collectively, do not change any of the conclusions of the Final Environmental Impact Report. The Council further finds that the modifications, individually and collectively, do not constitute significant new information under the California Environmental Quality Act (“CEQA”) because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the DEIR and Supplement to the Draft EIR), (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR and Supplement to the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the DEIR and the Supplement to the Draft EIR that would lessen a significant environmental impact Not Yet Approved 170901 jb Lee/Planning/LongRange of the Project has been proposed and would not be implemented. SECTION 2. The Implementation Table attached to the Comprehensive Plan Update restates the programs in the Comprehensive Plan and identifies the lead department or agency, the relative prioritization and planned timeframe, and the anticipated level of resources and effort for their implementation. While the programs are substantive parts of the Comprehensive Plan Update, the other information in the Implementation Table, including the prioritization of the programs are not intended to be incorporated as substantive elements and may be modified by the City Council without a formal amendment to the Comprehensive Plan. SECTION 3. City staff may perform minor, non-substantive edits to the Comprehensive Plan Update without additional Council review. These include such things as formatting, illustrations, and acknowledgements. SECTION 4. This Comprehensive Plan Update supersedes the adopted 1998 Comprehensive Plan, except for the Housing Element of the Comprehensive Plan adopted by the Council in November 2014 (“Housing Element”), which remains in full force and effect and is incorporated into the Comprehensive Plan Update. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Planning and Community Environment Edwin M. Lee Mayor Francesca Vietor President Anson Moran Vice President Ann Moller Caen Conirmssioner Vince Courtney Commissloner Ike Kwon Commissioner Harlan L Kelly, Jr. General Manager San Francisco Water Sewer Operator of the Hetch Hetchy Regional Water System October 31, 2017 525 Golden Gate Avenue, 13th Floor San Francisco, CA 94102 r 415,554.3155 F 415.554.3161 m 415.554.3488 To: Ms. Elena Lee Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue, Fifth Floor Palo Alto, CA 94301 Re: Palo Alto Draft Comprehensive Plan Update Dear Ms. Lee: Thank you for the notice of availability and for this opportunity for the San Francisco Public Utilities Commission (SFPUC), to comment on the Palo Alto Draft Comprehensive Plan Update (Plan). Also, thank you for taking the time to explain some aspects of the proposed Plan to SFPUC staff. Background The San Francisco Public Utilities Commission manages 63,000 acres of watershed land and 210 miles of pipeline rights-of-way (ROW) in three Bay Area counties. These are part of the Hetch Hetchy Regional Water System providing water to approximately 2.6 million people. The SFPUC monitors and protects its lands by reviewing proposed projects and activities that may affect SFPUC lands and infrastructure for consistency with SFPUC policies and plans. The City and County of San Francisco (San Francisco), through the SFPUC, operates three active pipelines within the Palo Alto city limits in two 80-foot wide ROVVs: Bay District Pipelines (BDPL) 3 and 4, largely along Foothill Blvd.; and the Palo Alto Pipeline (PAPL), largely along SR 82.The ROW's primary purpose is to serve as utility corridors for water transmission. Draft Comprehensive Plan Update Comments In a telephone conversation with SFPUC staff (Michael Oakes, Land and Resources Planner) you explained that the Plan does not propose any major land use changes. The only designation change proposed is for a site to reflect existing uses (e.g., removing a Hotel overlay). There are no proposed changes to SFPUC ROW or owned properties. There are also no proposed changes to the use of SFPUC fee-owned property or easement. Services of the San Francisco Public Utilities Commission Draft Palo Alto Comprehensive Plan Update — SFPUC Comments Nevertheless, we request that the Final Plan identify the San Francisco Property as a utility ROW that is primarily used for utility purposes and explain that SFPUC lands are vital to the operation of a regional water system. The SFPUC has policies that limit third-party uses and improvements on San Francisco Property. Please see the attached Interim Water Pipeline ROW Use Policy and Integrated Vegetation Management Policy for more information about restrictions on the ROW. The SFPUC would like to underscore that the San Francisco Property may not be used to "...fulfill a development's open space, setback, emergency access or other requirements..."1 This prohibition also includes parking or third-party development requirements. In addition, any proposed use or improvement on the SFPUC ROW must: 1.) comply with current SFPUC policies; 2.) be vetted through the SFPUC's Project Review process (see below for more information); and 3.) be formally authorized by the SFPUC. The Final Comprehensive Plan should include policies that address the importance of regional water utility infrastructure within the Plan area. In addition, the Final Plan should acknowledge that the SFPUC's approval and authorization would be required for any activities on its ROW. SFPUC Real Estate Services (RES) The SFPUC restricts third-party uses on the SFPUC Property due to the presence of high-pressure subsurface water transmission lines under the SFPUC Property. To protect the SFPUC's water infrastructure and operations, which service the City of Palo Alto, the Final Comprehensive Plan should recognize the SFPUC Property. Certain secondary uses by third parties on SFPUC property are allowed under lease or license agreements. Such secondary use may occur if RES, in consultation with the SFPUC enterprise having jurisdiction, determines that such use benefits the SFPUC and if such secondary use does not in any way interfere with, endanger, or damage existing or future SFPUC operations, security, or facilities. The SFPUC prohibits any use that: • provides aerial utility crossing or overhead transmission lines within the SFPUC Property; • cannot be removed promptly, to allow SFPUC construction, maintenance or emergency repairs of its facilities; • fulfills Palo Alto's open space, setback, parking, or third-party development requirements; • makes the SFPUC Property the sole emergency access to a neighboring property; • includes installation of structures, trees or large shrubs on the SFPUC Property; Paqe 2 Draft Palo Alto Comprehensive Plan Update SFPUC Comments includes installation of utilities, roads, fences, or other improvements parallel to, rather than across, SFPUC pipelines or electric transmission lines; includes the SFPUC Property as part of a transit-oriented development plan, dedicated rapid transit lane, or transit corridor; or is inconsistent with any existing or future SFPUC policies, as they may be amended or modified from time to time. This list is not exhaustive. The SFPUC retains the right to disallow any use that, at the SFPUC's sole discretion, may interfere with, endanger or damage existing or future SFPUC operations, security, or facilities. Page 3 SFPUC Project Review Process Proposed projects and other activities on any San Francisco property must undergo the Project Review Process if the project will include: construction; digging or earth moving; clearing: installation; the use of hazardous materials; other disturbance to watershed and ROW resources; or the issuance of new or revised leases, licenses and permits. This review is done by the SFPUC's Project Review Committee (Committee). The Project Review Committee is a multidisciplinary team with expertise in natural resources management, environmental regulatory compliance, engineering, water quality and real estate. Projects and activities are reviewed by the Committee for: 1. Conformity with the Alameda and Peninsula Watershed Management Plans; 2. Consistency with our Environmental Stewardship Policy; Real Estate Guidelines; Interim ROW Use Policy; other policies and best management practices; 3. Compliance with the California Environmental Quality Act (CEQA) and environmental regulations including mitigation, monitoring and reporting plans. In reviewing a proposed project, the Project Review Committee may conclude that modifications or avoidance and minimization measures are necessary. Large and/or complex projects may require several project review sessions to review the project at significant planning and design stages. Please notify all property owners and/or developers that, to the extent their proposals will involve the development or use of the San Francisco Property, such proposals are first subject to the SFPUC's Project Review Process. The proposal must first be vetted in Project Review, and then the project sponsor must receive authorization from the SFPUC pursuant to a final executed lease or revocable license before they can use or make any changes to the SFPUC ROW. To initiate the Project Review process, a project sponsor must download and fill out a Project Review application at http://www.sfwater.org/ProjectReview. Please address completed applications and any Draft Palo Alto Comprehensive Plan Update — SFPUC Comments questions to Michael Oakes, Land and Resources Planner, in the SFPUC's Natural Resources and Lands Management Division at moakessfwater.org. Page 4 Sincerely, .. k,t) JtsulA--Li oanne Wilson Senior Land and Resources Planner Natural Resources and Lands Management Division / Water Enterprise San Francisco Public Utilities Commission 1657 Rollins Rd. Burlingame, CA 94010 Attachments: 1.) SFPUC Interim Water Pipeline ROW Use Policy 2.) ROW Integrated Vegetation Management Policy C: Rosanna Russell, SFPUC Real Estate Services Director ' SFPUC Guidelines for the Real Estate Services Division, Section 2.0. City of Palo Alto | City Clerk's Office | 11/1/2017 12:50 PM 1 Carnahan, David From:Mj Wolf <mimi.wolf@gmail.com> Sent:Tuesday, October 31, 2017 9:48 AM To:Council, City; lchiapella@juno.com Subject:Re: comp plan update Thank you! On Mon, Oct 30, 2017 at 12:09 AM lchiapella@juno.com <lchiapella@juno.com> wrote: Dear City Council: It is difficult to understand the proposed comp plan update without considering Stanford's GUP. These are two different plans that drastically impact Palo Alto. Who is coordinating these plans? How are the combined impacts being addressed? Who pays for the parking problems, traffic congestion, and housing shortage? Sincerely, Lynn Chiapella -- M. Wolf 650.245.6434 “It seems to me that the good lord in his Infinite wisdom gave us three things to make life bearable- hope, jokes, and dogs. But the greatest of these was dogs.” ---Robyn Davidson City of Palo Alto | City Clerk's Office | 11/1/2017 12:50 PM 2 Carnahan, David From:amy sung <amyconnect@gmail.com> Sent:Monday, October 30, 2017 7:02 PM To:Council, City Cc:Kniss, Liz (internal); DuBois, Tom; Filseth, Eric (Internal); Fine, Adrian; Holman, Karen; Kou, Lydia; Scharff, Gregory (internal); Tanaka, Greg; Wolbach, Cory; Amy Sung Subject:Letter to Council to certify EIR Report and adopt the Comp Plan as presented Dear Palo Alto City Council, I am writing to you as a homeowner, a resident of Palo Alto, and a community volunteer to urge you to adopt the Comprehensive Plan as presented before you tonight. The Palo Alto Comprehensive Plan – or “Comp Plan, as it’s commonly known -- has been decades in the making and is long overdue. Through numerous iterations, The Citizen’s Action Committee (CAC) began its work in May 2015, painstakingly conducted monthly committee and subcommittee meetings to examine and rework the Plan- Elements by Elements, Goals by Goals, Polices by Polices, Programs by Programs, and down to the language dissected and evaluated until the body of 25 members could agree on. In areas where agreements could not be reached, options were documented to capture the core arguments. The result is a product of vigorous discussions and passionate debates under open and transparent processes governed by the Brown’s Act, moderated by co- chairs of Dan Garber and Arthur Keller, and delivered by a diverse group of involved residents- architects, economist, retired CEOs, Realtors, engineers, neighborhood presidents, plus liaisons from PAUSD, Stanford, and PTC, and devoted staff and many more. Two years later, before you tonight is that product, A COMPREHENSIVE PLAN draft. It’s a GOOD plan, not perfect, but that’s just a characteristic of democracy; give and take and compromise. It’s the Plan that will guide our city into the future until 2030. I urge you to adopt the plan because we have work to do. Urgently. But those tasks can not be done until the Plan is approved and certified by this body. You are all being elected to this body because you want to do something for this community. The community has asked clearly and loudly that the number one concern in our city is HOUSING. Today, you can act on your campaign promises and your intention of wanting to do something by approving this Plan. Again, I urge the Council to tackle urging tasks of Housing and Transportation. And if I could boldly suggest, the two sides of a coin will now be: H (head) is for Housing and T (tail) is for Transportation. Furthermore, housing should be a solution of our traffic calming. HOUSING, HOUSING, HOUSING. It’s a cry for help that the current home affordability is 29% statewide. It’s saying that two out of three cannot afford to buy a home at median price. Housing crisis is real and hurting not just the economically disadvantaged but across ALL INCOME spectrum. Our infill development is the best way to combat GHG and prevent urban sprawl while preserving and creating green space. How we can accomplish that is to pierce through the height limit of 50 feet in selected areas such as University Ave in downtown area, Fry’s site, and CAL Ave through Comprehensive Area Plans. We need to craft a zoning plan to achieve ALL levels of affordability with an accountable density bonus matrix. TRANSPORTATION. Placing housing where the transit hubs are is no different than having neighborhood schools to which students walk and bike. Palo alto is: - the second largest Caltrain trip stops after San Francisco, - the steady increase in high school bike counts, City of Palo Alto | City Clerk's Office | 11/1/2017 12:50 PM 3 - and since 2000, Palo Alto has a higher percentage of residents who walk or bike to work than the County, State, or nation. - Palo Alto also saw drive to work alone shrunk from by 10% from 75% to 65% since 2000. Therefore, Construct housing at where it is needed and wanted together with the TDM and TMA is the logical next step to further calm the traffic. In closing, I want to circle back to the call in the Summit 2015 under the leadership of the then Mayor Karen Holman, and here I quote- “What is the Future for Palo Alto?” it went on to say that “The Pressures of regional growth and change mean that doing nothing—that is, not updating the current Comprehensive Plan—is simply not an option. So the time to act is now. You have before you a PLAN ready to be adopted and then focus attention towards implementation. Thanks you for your time and deliberations, Amy Sung Walter Hays Dr, Palo Alto Responses to Comments Received October 30, 2017 Regarding the Comprehensive Plan EIR* *Please see the video from October 30, 2017 for the full content of comments paraphrased here. Responses supplement those already provided in the Final EIR and prior staff reports. Page 1 Comment 1: Where can I find the specific contribution of our City to regional air pollution? (Councilmember Holman) Response 1: Please see Supplement to the Draft EIR p. 4.2-16. Table 4.2-8 quantifies emissions of criteria air pollutants from EIR scenarios 1-6. Emissions associated with the preferred scenario described in the Final EIR would fall within this range. Comment 2: The plan and EIR should address noise from flight operations at Palo Alto Airport as well as exposure of Palo Alto residents to airplane noise generally. (Ms. Porter) Response 2: Flight operations at Palo Alto Airport are addressed in the Comprehensive Plan. Specifically, Policy L-10.1 is a new policy that would “[o]perate Palo Alto Airport (PAO)… at its current level of operation” and states that “PAO should remain limited to a single runway and minor expansion shall only be allowed in order to meet federal and State design and safety standards.” Policy L-10.3 is an additional new policy to “[m]inimize the environmental impacts associated with PAO operations, including…noise” and is supported by new Program L10.3.1 to establish and implement a system for processing, tracking, and reporting noise complaints regarding local airport operations on an annual basis.” Potential impacts from PAO flight operations are assessed in Section 4.10 of the Draft EIR and the Supplement to the Draft EIR (see p. 4.10-32 of the Draft EIR and p. 4.10-6 of the Supplement to the Draft EIR). The analysis determined that noticeable increases in noise from flight operations at the airport are not anticipated by 2030, but there could be a problem if sensitive land uses locate too close to the airport. This resulted in mitigation (Mitigation Measure Noise 1b), which has been included in the Draft Comprehensive Plan Update within Policy N-6.1. Noise exposure associated with flight operations from San Francisco and San Jose Airports are not directly relevant in the CEQA context for the proposed Comp Plan Update, however they are important policy issues and are addressed in Policies N-6.12 and L-10.3 in the June 30, 2017 Draft Comprehensive Plan Update. Comment 3: The Notice of Preparation (NOP) was issued too long ago for that to serve as the baseline of the EIR. (Ms. Keehn) Response 4: As indicated in Chapter 5 of the Final EIR (Master Response 2), use of the date the NOP was published is a standard practice and based on the State CEQA Guidelines (Section 15125(a)). Also, as indicated in Master Response 2 and the response to Mr. Ross’s comments from October 23, 2017, the EIR includes a robust cumulative analysis based on regional projections that are large enough to encompass more recent development proposals in surrounding jurisdictions. Comment 5: Mitigation Measure Hydro2 should address groundwater impacts on adjacent structures. (Ms. Nigenda) Response 5: As indicated in the response to Ms. Proctor and Ms. Vrhel from October 23, 2017, language about impacts to adjacent structures was removed from the EIR mitigation measure because of the CEQA significance threshold being used, which considers whether the project would "substantially degrade or deplete ground water resources or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level." Nonetheless, this language remains in Comp Plan Policy L-3.5: “Avoid negative impacts of basement Responses to Comments Received October 30, 2017 Regarding the Comprehensive Plan EIR* *Please see the video from October 30, 2017 for the full content of comments paraphrased here. Responses supplement those already provided in the Final EIR and prior staff reports. Page 2 construction for single-family homes on adjacent properties, public resources and the natural environment.” In other words, the CEQA threshold in question is focused on impacts to groundwater depletion rather than damage to adjacent properties, so the mitigation language has been refined accordingly. However, damage to private properties is an important issue in Palo Alto and would be addressed in a new Comp Plan policy going forward. Comment 6: There are more desirable alternatives that have not been studied in the EIR. For example, we could have studied alternatives with less or no non-residential development. (Mr. Levinsky) Response 6: The EIR evaluated a reasonable range of alternatives, including alternatives with less job growth than the preferred scenario. In this way, the EIR has meet the requirements of the law. In addition, the Supplement to the Draft EIR Appendix H included a hypothetical “no growth” scenario in which no new jobs or residents located in Palo Alto by the year 2030. This analysis showed that even with no growth in Palo Alto, traffic conditions are expected to worsen and is referenced several times in the Supplement to the Draft EIR (see p. 4.13-17 about intersection Level of Service for example). Comment 7: Traffic impacts of the plan are unacceptable. (Mr. Ng) Response 7: See response to Comment 6 above. Traffic conditions are expected to deteriorate due to growth elsewhere in the region no matter what happens in Palo Alto. Also, results of the analysis of Scenario 1 in the EIR indicate that conditions would be worse if the City continued to operate under the current Comprehensive Plan rather than adopting the update currently proposed. This is because the update and Preferred Scenario contain enhanced office/R&D growth limits and a new emphasis on housing rather than non-residential growth. TO: FROM: DATE: CITY OF PALO ALTO HONORABLE CITY COUNCIL JAMES KEENE, CITY MANAGER NOVEMBER 13, 2017 10 SUBJECT: AGENDA ITEM NUMBER 10-PUBLIC HEARING: ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE COMPREHENSIVE PLAN UPDATE, A RESOLUTION ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) RELATED TO SIGNIFICANT ENVIRONMENTAL IMPACTS, MITIGATION MEASURES AND ALTERNATIVES, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM, AND A RESOLUTION ADOPTING THE UPDATED COMPREHENSIVE PLAN DATED JUNE 30, 2017 WITH DESIRED CORRECTIONS AND AMENDMENTS, WHICH COMPREHENSIVELY UPDATES AND SUPERSEDES THE CITY'S 1998-2010 COMPREHENSIVE PLAN, EXCEPT FOR THE HOUSING ELEMENT ADOPTED IN NOVEMBER 2014. (THIS IS THE THIRD PUBLIC HEARING; THE FIRST HEARING WAS ON OCTOBER 23, 2017, CONTINUED TO OCTOBER 30, 2017 AND FURTHER CONTINUED TO NOVEMBER 13, 2017.) At the Comprehensive Plan discussion on October 30, 2017, the Council voted to include a handful of community "indicators" in the Comprehensive Plan Update and asked staff to return with a recommendation for up to three additional indicators. This memo provides that recommendation as well as recommended text changes to address comments received from the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (SCVWD).1 We have also recommended an expanded narrative about the City's utilities for inclusion in the Safety Element. If the Council agrees with these recommendations, staff requests that Council adopt a motion to add these items to the list in Attachment A of your staff report for November 13, 2017. Attachment A is referenced in the proposed resolution adopting the Comprehensive Plan Update. 1 The SFPUC letter is included as Attachment E to the staff report. The SCVWD letter is attached to this memo. 1of5 I. Recommendation Regarding Community Indicators Change Item 9 in Attachment A to add a policy under Goal 1 of the Land Use and Community Design Element and the additional community indicators as follows (Additions to Attachment A are underlined): Policy L-1: (exact numbering to be added) The City will monitor key community indicators on a regular basis to determine whether the policies of this plan and the efforts of the Palo Alto residents and businesses are effective at promoting livability. Suggested indicators and monitoring frequency are listed in Table L-(exact numbering to be added). Table L--(exact numbering to be added) Communitv Metrics RECOMMENDED MONITORING MEASURE METRIC FREQUENCY Greenhouse Gas Emissions 80% below 1990 emissions Annually as part of Earth Day Report by 2030 (S/CAP cioal) Vehicle Miles Traveled (VMT) Decrease year over year Annually as part of Earth Day Report per Capita Jobs/Housing Balance Ratio of jobs to employed (Expressed as a Ratio of Jobs to Every 4 years Employed Residents) residents Annually as part of report to California Below Market Rate (BMR) Units Number of units Dept. of Housing and Community Development (HCD) Progress toward Housing Annual Report to State Annually as part of report to California Element goals Housing and Community Dept. of Housing and Community Development Department Development IHCDl Change in PM Qeak hour Traffic Volumes on City Streets traffic volumes at 10 Every 2 vears reQresentative local intersections Percent of residents who live Availability of Parks within one half mile of a city Every 4 years oark Changes in student PAUSD School Enrollments enrollment at 1:1ublic Annually elementary, middle, and high schools II. Recommendation Regarding Sf PUC & SCVWD Comments In Goal L-9 of the Land Use Element, add the following Policy and Program (additions to the June 30, 2017 Draft Comprehensive Plan Update are underlined): Policy L-9.13: Recognize the importance of regional infrastructure, such as the Regional Water Utility Infrastructure owned by the Sf PUC. 2 of5 o Program L9.13.1: Coordinate with regional utility providers on activities that would impact their infrastructure and right of way. In Goal N-3 and N-4 of the Natural Environment Element, incorporate the following changes to the existing two policies and one program (additions to the June 30, 2017 Draft Comprehensive Plan Update are underlined): Policy N-3.1: All creeks are valuable resources for natural habitats, connectivity, community design, and flood control, and need different conservation and enhancement strategies. Recognize the different characteristics along creeks in Palo Alto, including natural creek segments in the city's open space and rural areas, primarily west of Foothill Expressway; creek segments in developed areas that retain some natural characteristics; and creek segments that have been channelized. Pursue opportunities to enhance riparian setbacks along urban and rural creeks as properties are improved or redeveloped. Program 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. Ensure that opportunities to provide an enhanced riparian setback along urban creeks as properties are redeveloped or improved are included in this evaluation. • Policy N-4. 7.1: Aevocate for Support and participate in the work of the SCVWD to prepare and update 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 re.cycled water and extracted gro~ndwater. ~ 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. Ill. Recommendation Regarding the Location and Extent of Utilities Replace the text in item 44 of Attachment A with the following (additions to Attachment A are underlined). This text would be added to the Safety Element narrative on page S-12 of the June 30, 2017 Draft Comprehensive Plan Update. 3 of5 UTILITIES In Palo Alto, utility services are provided throughout the City by The City of Palo Alto Utilities (CPAU), a city-owned utility. Today, CPAU provides six services that include electric, fiber optic, natural gas, water and wastewater services. Initially formed in 1896 with the installation of a water supply system, CPAU expanded between the years 1898 and 1917 to include wastewater, electric, and natural gas distribution services; in 1996 it began to provide fiber optic services. Through its mission to provide safe, reliable, environmentally sustainable and cost effective services to Palo Alto residents, CPAU offers cost-effective service rates to residents and re-invests proceeds to support other City community services and facilities. For example, CPAU provides financial support to the Palo Alto library and parks system, as well as to support police and fire protection services. The City's electric utility receives electricity at a single connection point with PG&E's transmission system. From there the electricity is delivered to customers through nearly 470 miles of distribution lines, of which 223 miles (48%) are overhead lines and 245 miles (52%) are underground. The City also maintains six substations, roughly 2,000 overhead line transformers, 1,075 underground and substation transformers, and the associated electric services (which connect the distribution lines to the customers' homes and businesses). These lines, substations, transformers, and services, along with their associated poles, meters, and other associated electric equipment, represent the vast majority of the infrastructure used to deliver electricity in Palo Alto. To deliver gas from the receiving stations to its customers, the City owns 210 miles of gas mains (which transport the gas to various parts of the city) and 23,400 gas services (which connect the gas mains to the customers' gas lines). These mains and services, along with their associated valves, regulators, and meters, represent the vast majority of the infrastructure used to deliver gas in Palo Alto. To deliver water to its customers, the utility owns roughly 233 miles of mains (which transport the water from the SFPUC meters at the city's borders to the customer's service laterals and meters), eight wells (to be used in emergencies), five water storage reservoirs (also for emergency purposes) and several tanks used to moderate pressure and deal with peaks in flow and demand (due to fire suppression, heavy usage times, etc.). These represent the vast majority of the infrastructure used to distribute water in Palo Alto. To collect wastewater from its customers and deliver it to the Regional Water Quality Control Plant, CPAU owns roughly 18,100 sewer laterals (which collect wastewater from customers' plumbing systems) and 217 miles of sewer mains (which transport the waste to the treatment plant). These laterals and mains, along with the associated manholes and cleanouts, represent the vast majority of infrastructure used to collect wastewater in Palo Alto. 4of5 The City manages a commercial fiber optics service with a 42 mile fiber back bone consisting of roughly 6,000 route-miles of fiber. 232 commercial buildings are connected to the fiber optic network. Roughly 30% of the fiber route is overhead and 70% underground. The City's storm drain system drains four primary watersheds. It is separate from the sanitary sewer system. Storm water flows directly to creeks and the San Francisco Bay without treatment. The storm drain system consists of 107 miles of underground pipelines, 2, 750 catch basins, 800 manholes, and six pump stations. Director Planning and Community Environment 5 of5 I 5750 /1lrnaden Expresswoy, Son Jose, CA 95118-361-1 I ('108) 265-2600 I v."NW.voi:c1wo!er.org November 9, 2017 Ms. Elena Lee Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue, Fifth Floor Palo Alto, CA 94301 Fiie: 23113 Various Subject: City of Palo Alto Draft Comprehensive Plan Update 2030 and Final EIR Dear Ms. Lee: Santa Gara VaUey WcJ.er Distric() Santa Clara Valley Water District (District) has reviewed the City of Palo Alto's Final Environmental Impact Report (FEIR) for the draft Comprehensive Plan Update 2030 (Comprehensive Plan). The District is a special district with jurisdiction throughout Santa Clara County. The District acts as the county's groundwater management agency, principal water resources manager, flood protection agency and is the steward for its watersheds, streams and creeks, and underground aquifers. We appreciate the opportunity to comment on the draft Comprehensive Plan and FEIR. This letter transmits comments that focus on the areas of interest and expertise of the District. FEIR The District is Interested In understanding the differences In projected demand In 2030 between the FEIR and the 2015 Urban Water Management Plan (UWMP}. In Palo Alto's 2015 UWMP the total projected water use is 11, 198 acre feet a year in 2030 (Table 16). In the FEIR the projected demand for Scenario 1 (business as usual} is 13, 767 AFY in 2030. From a CEQA perspective, the difference does not matter as either can be met by Palo Alto's 19, 118 AFY Individual Supply Guarantee from San Francisco PUC. The Water District Is Interested for our long-range water demand forecasting county wide. Comprehensive Plan The District appreciates the policies that the City of Palo Alto (Palo Alto) has included to manage water resources including water conservation programs and encouraging the use of storm and recycled water. The District recently approved moving forward with a set of water supply and conservation projects as part of updating our Water Supply Master Plan; these include leak repair, graywater use, rain barrels, rain gardens, stormwater capture, and enhancing water efficiency standards In new and retrofitted developments. The District looks forward to working with Palo Alto on making the best use of our water resources. The Comprehensive Plan Program N3.3.1 calls for extending the riparian buffer to 150 feet in natural areas west of Foothill Boulevard and includes a new Program N3.3.2 to examine setbacks requirements along more urbanized creeks east of Foothill Expressway. Setbacks from riparian corridors are necessary to protect the sensitive ecology of riparian corridors, provide adequate space to maintain creeks and levees, and If necessary, Improve flood protection projects including expanding the channel area. The Water District encourages Palo Alto to take a long-term perspective in enhancing riparian setbacks in urban areas by Including a policy In the Management and Enhancement section of the Goal N-3 to address enhancement of creeks In urban areas. Further, we recommend a program be added Our mission is to provide Silicon Valley safe, clean water for o heohhy liFe, environment, ond economy. Ms. Elena Lee Page2 November 9, 2017 that Includes opportunities to provide an enhanced riparian setback along urban creeks as properties are redeveloped or improved so that urban creeks can be improved in the future. The Comprehensive Plan includes Policy N-4. 7 to •Advocate for SCVWD 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. [NEW PROGRAM] [N86]" The District recommends Program N-4.7.1 be modified to reflect that in November 2016, the District Board adopted a comprehensive Groundwater Management Plan for the Santa Clara and Llagas Subbasins that addresses groundwater supply and quality. The plan includes detailed information on subsurface hydrology and groundwater conditions, and describes strategies and programs to maintain groundwater levels and storage (including groundwater recharge, recycled water, and water use measurement) and protect groundwater quality. This plan has been submitted' to the California Department of Water Resources for compliance with the Sustainable Groundwater Management Act and is available at: http://www.valleywater.org/WorkArea/linkit.aspx?Linkldentifier=id&ltem ID=14955. Additionally, Program N-4.7.1 should include a discussion of Palo Alto's role in these issues. If you have any questions, you may contact me at (408) 630-2319, or by e-mail at yarroyo@valleywater.org. Please reference District File No. 23113 on future correspondence regarding this project. Sincerely, Yvonne Arroyo Associate Engineer Community Projects Review Unit Electronic Cc: Ms. Elena Lee, Eiena.Lee@CityofPaloAlto.org cc: U. Chatwani, S. Tippets, Y. Arroyo, T. Hemmeter, V. De La Piedra, M. Martin, File City of Palo Alto (ID # 8606) City Council Staff Report Report Type: Informational Report Meeting Date: 11/13/2017 City of Palo Alto Page 1 Summary Title: Investment Activity Report Title: City of Palo Alto Investment Activity Report for the First Quarter, Fiscal Year 2018 From: City Manager Lead Department: Administrative Services Background The purpose of this report is to inform Council of the City’s investment portfolio status as of the end of the first quarter; ending September 30, 2017. The City’s investment policy requires that staff report quarterly to Council on the City’s portfolio composition compared to Council- adopted policy, portfolio performance, and other key investment and cash flow information. Discussion The City’s investment portfolio is detailed in Attachment B. It is grouped by investment type and includes the investment issuer, date of maturity, current market value, the book and face (par) value, and the weighted average maturity of each type of investment and of the entire portfolio. The par value of the City’s portfolio is $491.9 million; in comparison, last quarter it was $519.8 million. The decline in the portfolio of $27.9 million since the last quarter primarily results from the prepayment of the City’s annual pensions to the Public Employers’ Retirement System (PERS) of $22 million and the City’s contribution toward the purchase of the Buena Vista Mobile Home Park of $14.5 million. By prepaying PERS instead of making payments with each payroll period, the City expects savings of $813 thousand in PERS payments; however, the savings will be offset by the loss of approximately $208 thousand in interest income. This results in net citywide savings of $605 thousand. The saving is a consequence of PERS’ ability to earn interest earlier and at a higher rate than the City could realize. In addition, seasonality and the timing of remittances and expenditures affect cash flow. For example, the first quarter has one less payroll compared to the prior quarter. The portfolio consists of $22.0 million in liquid accounts and $469.9 million in U. S. government treasury investments, agency securities, bonds of State of California local government agencies, bonds of some of the fifty United States, medium-term corporate notes, and certificates of City of Palo Alto Page 2 deposit. The $469.9 million includes $145.7 million in investments maturing in less than two years, comprising 31.0 percent of the City’s investment in notes and securities. The investment policy requires that at least $50 million be maintained in securities maturing in less than two years. The current market value of the portfolio is 99.6 percent of the book value. The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City’s portfolio will likely increase; likewise, when interest rates increase, the market value of the securities will likely decrease. Understanding and showing market values is not only a reporting requirement, but essential to knowing the principal risks in actively buying and selling securities. It is important to note, however, that the City’s practice is to buy and hold investments until they mature so changes in market price do not affect the City’s investment principal. The market valuation is provided by Union Bank of California, which is the City’s safekeeping agent. The average life to maturity of the investment portfolio is 3.87 years compared to 3.81 years last quarter. Investments Made During the First Quarter During the first quarter, $22.8 million of government agency securities with an average yield of 1.2% percent matured. During the same period, government securities totaling $15.0 million with an average yield of 2.5% percent were purchased. The expectation is interest rates and City’s portfolio’s average yield will gradually rise. The City’s short-term money market and pool account decreased by $20.1 million compared to the fourth quarter. Investment staff continually monitors the City’s short term cash flow needs and adjusts liquid funds to meet them. Availability of Funds for the Next Six Months Normally, the flow of revenues from the City’s utility billings and General Fund sources is sufficient to provide funds for ongoing expenditures in those respective funds. Projections indicate receipts will be $240.2 million and expenditures will be $220.8 million over the next six months, indicating an overall growth in the portfolio of $19.4 million. As of September 30, 2017, the City had $22.0 million deposited in the Local Agency Investment Fund (LAIF) and a money market account that could be withdrawn on a daily basis. In addition, investments totaling $32.6 million will mature between October 1, 2017 and March 31, 2018. On the basis of the above projections, staff is confident that the City will have more than sufficient funds or liquidity to meet expenditure requirements for the next six months. Compliance with City Investment Policy During the first quarter, staff complied with all aspects of the investment policy except for the requirement “A maximum of 30 percent of the par value of the portfolio shall be invested in securities with maturities beyond five years”; the actual for the first quarter is 30.5 percent. Per the Investment Policy, this does not constitute a violation since it’s a result of timing associated with a major cash outflow. The Buena Vista Mobile Home Park payment of $14.5 million in the City of Palo Alto Page 3 latter part of September caused the portfolio decrease to result in this policy limit overage; without this payment, the actual would have been within the policy limit at 29.6 percent. The limit it expected to be restored in December 2017. Per the Investment Policy “Where the Investment Policy specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. A later increase or decrease in a percentage resulting from a change in the portfolio’s assets or values shall not constitute a violation of that restriction. As soon as possible, percentage limitations will be restored as investments mature in each category.” Attachment C lists the major restrictions in the City’s investment policy compared with the portfolio’s actual performance. Investment Yields Interest income on an accrual basis for the first quarter was $2.5 million. As of September 30, 2017, the yield to maturity of the City’s portfolio was 2.00 percent. The rising interest rate is expected to gradually increase the portfolio’s yields. The City’s portfolio yield of 2.00 percent compares to LAIF’s average yield for the quarter of 1.08 percent and an average yield on the two-year and five-year Treasury bonds during the first quarter of approximately 1.50 percent and 1.81 percent, respectively. Yield Trends In September 2017, the Federal Open Market Committee (FOMC) maintained the federal funds and discount rates at 1.25 and 1.75 percent, respectively. FOMC’s September report expected the national economy to be impacted by the hurricanes in the near short term but not over the medium term. The other outlook remains consistent with the prior (recent) quarter reports, the FOMC continues to cite strengthening consumer spending, improving labor market and moderate economic growth with inflation rising but still remaining below the FOMC’s long-term goal of 2 percent. They do expect a short-term boost to inflation due to the hurricanes (e.g. due to higher gasoline prices). Business spending is picking up. The FOMC expects future rate increase to be gradual and dependent on the economic outlook. Though the continued expectation is rates will rise, factors that could keep a lid on rate increases include: low inflation, weak wage growth, and domestic and global economic weakness. Funds Held by the City or Managed Under Contract Attachment A is a consolidated report of all City investment funds, including those not held directly in the investment portfolio. These include cash in the City’s regular bank account with US Bank and Wells Fargo. (A description of the City’s banking relationships can be found in City Council Staff Report ID # 7858.) The bond proceeds, reserves, and debt service payments being held by the City’s fiscal agents are subject to the requirements of the underlying debt indenture. The trustees for the bond funds are U.S. Bank and California Asset Management Program (CAMP). Bond funds with U.S. Bank are invested in federal agency and money market mutual funds that consist exclusively of U.S. Treasury securities. Bond funds in CAMP are City of Palo Alto Page 4 invested in banker’s acceptance notes, certificates of deposit, commercial paper, federal agency securities, and repurchase agreements. The most recent data on funds held by the fiscal agent is as of September 30, 2017. Fiscal Impact This is an information report. Environmental Review This information report is not a project under the California Environmental Quality Act; therefore, an environmental review is not required. Attachments:  Attachment A: Consolidated Report of Cash Management  Attachment B: Investment Portfolio  Attachment C: Investment Policy Compliance Book Value Market Value City Investment Portfolio (see Attachment B)497,285,101$ 495,204,398$ Other Funds Held by the City Cash with Wells Fargo Bank 1,721,403 1,721,403 (includes general and imprest accounts) Cash with US Bank 4,833,047 4,833,047 (includes general and imprest accounts) Petty/Working Cash 12,578 12,578 Total - Other Funds Held By City 6,567,028 6,567,028 Funds Under Management of Third Party Trustees * US Bank Trust Services ** 1995 Utility Revenue Bonds Debt Service Fund 11 11 1999 Utility Revenue Bonds Debt Service Fund 6 6 2002 Downtown Parking Impvt. (Taxable) Certificates of Participation Reserve Fund 237,417 237,417 2009 Water Revenue Bonds (Build America Bonds) Project, Debt Service, Reserve, Cost of Issuance Funds 2,596,959 2,596,959 2010 General Obligation Bonds Debt Service 30 30 2011 Utility Revenue Refunding Bonds Debt Service, Reserve, and Cost of Issuance Funds 1,479,524 1,479,524 2013 General Obligation Bonds Debt Service 12 12 California Asset Management Program (CAMP) *** 2012 University Ave. Parking Refunding Bonds Reserve Fund 2,563,600 2,563,600 2013 General Obligation (Library) Bond Project Fund 612,734 612,734 Total Under Trustee Management 7,490,293 7,490,293 GRAND TOTAL 511,342,421$ 509,261,718$ * These funds are subject to the requirements of the underlying debt indenture. ** U.S. Bank investments are in money market mutual funds that exclusively invest in U.S. Treasury securities. *** CAMP investments are in money market mutual fund which invest in bankers acceptance, certificate of deposit, commercial paper, federal agency securities, and repurchase agreements. First Quarter, Fiscal Year 2017-18 (Unaudited) (Debt Service Proceeds) Attachment A Consolidated Report of Cash Management City of Palo Alto Cash and Investments City of Palo Alto City of Palo Alto Administration Svcs. Dept. 250 Hamilton Ave., 4th Floor Palo Alto, CA 94301 (650)329-2362 September 30, 2017 Fund ALL - Portfolio Listings Investments by Fund Par Value Days To Maturity Maturity Date Current RateMarket ValueCUSIPInvestment #Issuer PurchaseDate Book Value YTM 360 YTM 365 Managed Pool Accounts Fidelity Investments158 3,836,122.60SYS158 10.01007/01/2015 3,836,122.60 0.009 0.0103,836,122.60 Local Agency Investment Fund159 18,209,987.06SYS159 11.11007/01/2015 18,192,543.19 1.094 1.11018,209,987.06 Subtotal and Average 22,046,109.66 22,046,109.66 22,028,665.79 0.906 0.919 1 Negotiable CD's Comenity Capital Bank1183 NCD 245,000.0020033ABE5 05/03/2018 2141.00005/03/2013 245,161.70 0.986 1.000245,000.00 American Federal Bank1476 NCD 245,000.0002600ADE4 09/30/2022 1,8252.45009/30/2015 246,896.30 2.418 2.451245,000.00 Allegiance Bank - Texas1844 NCD 245,000.0001748DAW6 09/29/2022 1,8242.05009/29/2017 242,270.70 2.022 2.051245,000.00 Alpine Bank1525 NCD 245,000.0002082CBG4 08/16/2023 2,1452.40002/16/2016 245,448.35 2.367 2.400245,000.00 American City Bank1692 NCD 245,000.00025140BC7 03/30/2021 1,2761.45009/30/2016 240,511.60 1.429 1.449245,000.00 American Eagle Bank1371 NCD 245,000.0002554BCE9 05/28/2019 6041.85008/26/2014 245,984.90 1.825 1.850245,000.00 American National Bank1766 NCD 245,000.0002772JAC4 08/04/2021 1,4032.05004/04/2017 245,759.50 2.023 2.051245,000.00 American State Bank OSCE1805 NCD 245,000.00029733BX9 05/30/2024 2,4332.30005/30/2017 241,844.40 2.270 2.301245,000.00 American Express Centurion Bk1178 NCD 245,000.0002587DMV7 05/02/2018 2131.10005/02/2013 245,161.70 1.084 1.100245,000.00 American Express Centurion Bk1333 NCD 245,000.0002587CAC4 07/10/2019 6471.95007/10/2014 245,923.65 1.923 1.950245,000.00 Barclays Bank / Delaware1187 NCD 245,000.0006740AZB8 04/30/2018 2110.70005/07/2013 246,374.45 0.690 0.699245,000.00 Bankers Bank1776 NCD 245,000.0006610RAM1 04/19/2021 1,2961.90004/19/2017 244,615.35 1.875 1.901245,000.00 Bank of Wisconsin Dells1696 NCD 245,000.00065847DH5 10/12/2021 1,4721.50010/12/2016 240,369.50 1.480 1.500245,000.00 Bank of Grove1821 NCD 245,000.0006246PBP9 12/29/2021 1,5502.00006/29/2017 244,461.00 1.974 2.001245,000.00 Bankers Bank of the West1421 NCD 245,000.0006610TDB8 12/30/2019 8201.85012/29/2014 246,832.60 1.824 1.850245,000.00 Belmont Savings Bank1280 NCD 245,000.00080515AT6 11/13/2018 4081.55005/13/2014 245,673.75 1.528 1.550245,000.00 Bar Harbor Bank & Trust1377 NCD 245,000.00066851SG2 08/27/2019 6951.75008/27/2014 245,308.70 1.726 1.750245,000.00 Bank Champaign1477 NCD 245,000.0006607ABD2 09/30/2022 1,8252.50009/30/2015 245,313.60 2.467 2.501245,000.00 Texas Exchange Bank1796 NCD 245,000.0088241TBM1 05/20/2022 1,6922.25005/22/2017 245,837.90 2.220 2.251245,000.00 Bank of Deerfield1396 NCD 245,000.00061785CM1 09/30/2020 1,0952.20009/30/2014 247,092.30 2.171 2.201245,000.00 Bank of Holland Michigan1302 NCD 245,000.00062649ZV3 05/21/2019 5971.70005/21/2014 246,428.35 1.677 1.701245,000.00 Frontier Bank Madison NE1498 NCD 245,000.0035907XCL9 11/22/2021 1,5132.00011/20/2015 244,791.75 1.974 2.001245,000.00 Bank West1472 NCD 245,000.00063615AX6 09/16/2022 1,8112.25009/16/2015 244,713.35 2.220 2.251245,000.00 Apex Bank1693 NCD 245,000.0003753XAN0 09/30/2022 1,8251.70009/30/2016 238,215.95 1.676 1.700245,000.00 BMO Harris Bank1783 NCD 245,000.0005581WNY7 10/28/2022 1,8532.25004/28/2017 244,522.25 2.220 2.251245,000.00 BMW Bank of North America1807 NCD 245,000.0005580AJK1 06/16/2020 9891.85006/16/2017 245,012.25 1.824 1.850245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 2 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's Beneficial Bank1680 NCD 245,000.0008173QBR6 09/13/2021 1,4431.50009/12/2016 240,322.95 1.479 1.500245,000.00 BankFirst1767 NCD 245,000.0006644QAA9 04/13/2022 1,6552.00004/13/2017 243,485.90 1.973 2.001245,000.00 BankWest, Inc.1380 NCD 150,000.0006652CEY3 09/16/2019 7151.90009/15/2014 150,598.50 1.873 1.900150,000.00 Bofi Federal Bank1381 NCD 50,000.0009710LAF2 08/30/2022 1,7942.25008/25/2014 49,739.50 2.493 2.52749,387.09 Bofi Federal Bank1382 NCD 100,000.0009710LAE5 08/08/2022 1,7722.35008/25/2014 100,047.00 2.592 2.62898,780.03 Bofi Federal Bank1402 NCD 100,000.0009710LAF2 08/30/2022 1,7942.25010/21/2014 99,479.00 2.462 2.49698,906.10 Banco Poplar North America1478 NCD 245,000.0005965GVP8 10/07/2020 1,1022.25010/07/2015 247,445.10 2.219 2.250245,000.00 Bridgewater Bank Bloom MN1393 NCD 245,000.00108622EA5 09/24/2019 7231.85009/24/2014 245,730.10 1.825 1.850245,000.00 Business Bank1531 NCD 245,000.0012325EHA3 02/10/2021 1,2281.55002/10/2016 241,949.75 1.530 1.551245,000.00 Worlds Foremost Bank1387 NCD 200,000.00981571AT9 09/04/2019 7032.10009/04/2014 201,188.00 2.072 2.101200,000.00 Campbell County Bank1307 NCD 245,000.00134204BZ8 05/30/2019 6061.65005/30/2014 246,472.45 1.628 1.650245,000.00 Cathay Bank1194 NCD 245,000.00149159HS7 04/30/2018 2111.00005/14/2013 244,779.50 0.987 1.000244,999.71 Commercial Bank - Alma1772 NCD 245,000.00201282HM5 04/21/2022 1,6632.05004/21/2017 243,939.15 2.023 2.051245,000.00 CBC National Bank1571 NCD 245,000.0012480LDV6 04/15/2021 1,2921.50004/15/2016 241,283.35 1.479 1.500245,000.00 Celtic Bank1362 NCD 245,000.0015118RJW8 08/20/2019 6881.90008/20/2014 246,418.55 1.875 1.901245,000.00 Central State Bank1538 NCD 245,000.0015524EAA2 02/16/2022 1,5991.70002/16/2016 240,947.70 1.678 1.701245,000.00 First Iowa State Bank1840 NCD 245,000.00320636AC7 01/31/2022 1,5831.90007/31/2017 243,152.70 1.876 1.902245,000.00 Charter Bank Eau Claire1811 NCD 245,000.0016116PHU8 06/13/2022 1,7162.10006/13/2017 243,980.80 2.071 2.100245,000.00 CIBM Bank1809 NCD 245,000.0012545JAM7 06/16/2022 1,7192.10006/16/2017 243,953.85 2.072 2.101245,000.00 CIT Bank1175 NCD 245,000.0017284CCN2 04/24/2018 2051.20004/24/2013 244,892.20 1.183 1.200245,000.00 Citizens Deposit Bank1677 NCD 245,000.0017453FBP6 08/24/2021 1,4231.40008/24/2016 240,220.05 1.380 1.400245,000.00 Citizens State Bank1541 NCD 250,000.0017670BAQ1 02/17/2023 1,9651.75002/19/2016 242,810.00 1.727 1.751250,000.00 Cumberland Federal Bank FSB1813 NCD 245,000.0023062KBH4 07/07/2022 1,7402.10007/07/2017 243,745.60 2.072 2.101245,000.00 Enerbank USA1246 NCD 245,000.0029266NYZ4 01/30/2020 8512.05001/30/2014 246,565.55 2.021 2.050245,000.00 City National Bk of Metropolis1791 NCD 245,000.0017801GBQ1 05/16/2022 1,6882.00005/15/2017 243,157.60 1.972 2.000245,000.00 Community State Bank1536 NCD 245,000.0020404YBQ7 02/24/2022 1,6071.95002/24/2016 243,446.70 1.924 1.951245,000.00 Country Bank of New York1799 NCD 245,000.0022230PBN9 05/26/2022 1,6982.10005/26/2017 244,157.20 2.072 2.101245,000.00 Capital One Bank USA NA1384 NCD 250,000.00140420NR7 09/04/2019 7031.80009/04/2014 251,437.50 1.775 1.800250,000.00 Capital One Bank USA NA1457 NCD 245,000.0014042E5M8 08/12/2020 1,0462.30008/12/2015 247,866.50 2.268 2.300245,000.00 Community Bank Pasadena1627 NCD 245,000.00203507BA5 06/15/2021 1,3531.55006/16/2016 241,871.35 1.529 1.550245,000.00 Commuincity Finl Svcs Bank1530 NCD 245,000.0020364ABA2 02/17/2021 1,2351.60002/17/2016 242,322.15 1.579 1.601245,000.00 Commerce Bank - Geneva1816 NCD 245,000.0020056QQK2 06/21/2021 1,3592.00006/21/2017 245,374.85 1.973 2.001245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 3 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's Commercial Bank1369 NCD 245,000.0020143PDB3 05/20/2019 5961.85008/19/2014 245,987.35 1.824 1.850245,000.00 Commerce State Bank1797 NCD 245,000.0020070PJA6 05/23/2022 1,6952.00005/22/2017 243,086.55 1.972 2.000245,000.00 Community State Bank, IA1471 NCD 245,000.0020404MAN1 09/12/2022 1,8072.25009/11/2015 244,752.55 2.224 2.255245,000.00 Cornerstone Bank1757 NCD 245,000.00219232CN3 03/10/2022 1,6212.10003/10/2017 244,857.90 2.072 2.101245,000.00 Discover Bank / Delaware1176 NCD 245,000.00254671NJ5 05/01/2018 2121.15005/01/2013 245,164.15 1.134 1.150245,000.00 Dollar Bank FSB1756 NCD 245,000.0025665QAV7 03/08/2022 1,6192.05003/08/2017 244,353.20 2.021 2.050245,000.00 East Boston Savings Bank1463 NCD 245,000.0027113PAL5 08/24/2020 1,0581.90008/24/2015 245,093.10 1.876 1.902245,000.00 TBK Bank SSB1812 NCD 245,000.0087219RBK9 06/23/2022 1,7262.10006/23/2017 243,873.00 2.072 2.101245,000.00 Ever Bank1454 NCD 245,000.0029976DZK9 07/30/2020 1,0332.00007/30/2015 245,857.50 1.972 2.000245,000.00 Farmer's and Merchants Bank1360 NCD 250,000.00308702BQ1 02/16/2021 1,2342.20008/15/2014 252,177.50 2.169 2.200250,000.00 First Bank of Highland1330 NCD 245,000.00319141BV8 07/03/2019 6401.85007/03/2014 245,377.30 1.824 1.850245,000.00 First Business Bank1250 NCD 245,000.0031938QF25 02/19/2020 8712.00002/19/2014 246,251.95 1.972 2.000245,000.00 FirstBank Puerto Rico1768 NCD 245,000.0033767A2C4 04/07/2022 1,6492.10004/07/2017 244,600.65 2.072 2.101245,000.00 First Choice Bank / NJ1297 NCD 245,000.00319464AR4 05/28/2019 6041.70005/28/2014 246,470.00 1.677 1.701245,000.00 State Bank of Fenton (MI)1283 NCD 245,000.00856188AU1 02/15/2019 5021.65005/15/2014 245,227.85 1.630 1.653245,000.00 First Federal S&L Bank1626 NCD 245,000.0032018YAW8 06/22/2023 2,0901.80006/22/2016 239,112.65 1.776 1.800245,000.00 1st Financial Bank1485 NCD 245,000.0032022RFD4 03/16/2022 1,6272.10010/19/2015 244,799.10 2.120 2.150244,488.96 Flushing Bank1413 NCD 245,000.0034387ABA6 12/10/2018 4351.80012/10/2014 245,357.70 1.776 1.801245,000.00 First Internet Bank1834 NCD 245,000.0032056GCQ1 07/14/2022 1,7472.05007/14/2017 243,098.80 2.023 2.051245,000.00 First General Bank1222 NCD 245,000.00320337AR9 07/03/2018 2751.30007/03/2013 244,965.70 1.282 1.300245,000.00 First Eagle National Bank1400 NCD 245,000.0032008JAG8 10/15/2021 1,4752.45010/17/2014 251,661.55 2.416 2.449245,000.00 First Oklahoma Bank1838 NCD 245,000.00335857BF4 07/26/2022 1,7592.10007/26/2017 243,552.05 2.072 2.101245,000.00 Farmers & Merchant Bank1735 NCD 245,000.0030781TBD9 01/18/2022 1,5702.05001/18/2017 244,786.85 2.021 2.050245,000.00 First National Bank of America1391 NCD 240,000.0032110YEF8 08/03/2022 1,7672.35009/09/2014 240,931.20 2.665 2.703236,325.13 First Nationnal Bank / KS1537 NCD 245,000.00334342BU5 02/26/2021 1,2441.55002/26/2016 241,890.95 1.530 1.551245,000.00 The FNB of Mcgregor1480 NCD 245,000.0032112UBW0 09/30/2021 1,4602.00010/01/2015 245,208.25 1.972 1.999245,000.00 First Nat. Bank of Park Falls1473 NCD 245,000.0032114RAQ9 09/17/2021 1,4472.20009/17/2015 245,142.10 2.171 2.201245,000.00 First Premier Bank1255 NCD 245,000.0033610RNX7 03/08/2021 1,2542.50003/07/2014 249,566.80 2.465 2.500245,000.00 Franklin Synergy Bank1771 NCD 103,000.0035471TCV2 01/31/2022 1,5832.00004/04/2017 102,649.80 1.975 2.003103,000.00 First Merchants Bank1351 NCD 245,000.0032082BDH9 08/06/2019 6741.90008/06/2014 246,467.55 1.873 1.900245,000.00 Community First Bank1555 NCD 250,000.0020369JAA9 03/17/2022 1,6281.70003/17/2016 245,540.00 1.677 1.700250,000.00 Farmer's & Merchant's SVG Bank1551 NCD 245,000.00308863AH2 02/26/2021 1,2441.55002/29/2016 245,034.30 1.528 1.550245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 4 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's First Neighbor Bank, NA1469 NCD 245,000.0033581VAF6 09/03/2021 1,4332.40009/03/2015 249,877.95 2.367 2.400245,000.00 First Savings Bank Northwest1335 NCD 245,000.0033621JAB4 07/18/2019 6551.80007/18/2014 245,102.90 1.776 1.801245,000.00 First National Bank of Elkhart1801 NCD 245,000.00321130AB2 05/31/2022 1,7032.10005/31/2017 244,066.55 2.072 2.101245,000.00 First Northeast Bank1779 NCD 245,000.0033583FAA0 10/19/2022 1,8442.10004/19/2017 242,775.40 2.072 2.101245,000.00 First State Bank1366 NCD 245,000.0033648RAT6 08/20/2019 6881.85008/20/2014 246,465.10 1.825 1.851245,000.00 First State Bank - Dequeen1824 NCD 245,000.00336460CH1 04/29/2022 1,6712.00006/30/2017 243,329.10 1.973 2.000245,000.00 First State Bank of Purdy1475 NCD 248,000.0033646TAE7 04/13/2022 1,6552.35009/25/2015 248,820.88 2.321 2.353247,982.84 First State Community Bank1819 NCD 245,000.0033708UCF4 06/30/2022 1,7332.10006/30/2017 243,804.40 2.071 2.100245,000.00 First Western Bank & Trust1770 NCD 245,000.0033749VAM0 04/07/2022 1,6492.00004/07/2017 243,544.70 1.973 2.001245,000.00 Fox Chase Bank1305 NCD 245,000.0035137QAV6 06/06/2019 6131.70006/06/2014 246,470.00 1.677 1.700245,000.00 Gold Coast Bank1375 NCD 245,000.0038058KDA1 08/05/2019 6731.80009/04/2014 246,291.15 1.775 1.800245,000.00 GE Capital Bank1184 NCD 245,000.0036161TJR7 05/03/2018 2141.00005/03/2013 244,581.05 0.986 1.000245,000.00 GE Capital Bank1262 NCD 245,000.0036157PXV6 03/22/2021 1,2682.65003/21/2014 250,828.55 2.613 2.650245,000.00 Goldman Sachs Bank USA1177 NCD 245,000.0038147JEC2 05/01/2018 2121.15005/01/2013 244,804.00 1.134 1.150245,000.00 Happy State Bank1683 NCD 245,000.00411394AN9 09/16/2021 1,4461.50009/16/2016 240,394.00 1.500 1.520245,000.00 HSBC Bank1564 NCD 245,000.0040434AR84 10/07/2021 1,4672.00004/07/2016 244,973.05245,000.00 Dubuque Bank & Trust1372 NCD 245,000.00263849BD2 08/21/2019 6891.90008/21/2014 246,418.55 1.873 1.900245,000.00 Investors Community Bank1765 NCD 245,000.0046147USQ4 09/23/2022 1,8182.20003/24/2017 244,066.55 2.172 2.202245,000.00 International Bank1841 NCD 245,000.0045906ABP1 07/29/2022 1,7622.10007/31/2017 243,481.00 2.072 2.101245,000.00 Industrial & Com Bk of China1773 NCD 245,000.0045581EAC5 04/12/2022 1,6542.15004/12/2017 245,083.30 2.121 2.151245,000.00 Interaudi Bank1808 NCD 245,000.0045842PAK7 06/10/2024 2,4442.50006/09/2017 244,806.45 2.465 2.500245,000.00 Iroquois Federal Sav Loan Asso1535 NCD 245,000.0046355PBV9 08/12/2020 1,0461.60002/12/2016 243,091.45 1.578 1.600245,000.00 Investors Bank1460 NCD 245,000.0046176PEJ0 08/25/2020 1,0592.00008/25/2015 247,866.50 1.972 2.000245,000.00 Inst. for Sav in Newburyport1455 NCD 245,000.0045780PAN5 07/30/2021 1,3982.30007/31/2015 249,397.75 2.269 2.301245,000.00 Iowa State Bank1343 NCD 250,000.0046256YAB5 07/23/2019 6601.80007/23/2014 251,455.00 1.775 1.800250,000.00 JP Morgan Chase BAnk NA1200 NCD 245,000.0048124JD39 12/05/2018 4301.25006/05/2013 244,154.75 1.232 1.250245,000.00 Kansas State Bank Manhattan1798 NCD 245,000.0050116CAX7 05/31/2024 2,4342.50005/31/2017 244,840.75 2.465 2.500245,000.00 Key Bank1785 NCD 245,000.0049306SYB6 05/18/2020 9601.75005/17/2017 244,487.95 1.726 1.750245,000.00 Lakeside Bank1686 NCD 245,000.0051210SLR6 09/18/2023 2,1781.80009/16/2016 237,409.90 1.775 1.800245,000.00 LCA Bank Corporation1306 NCD 245,000.00501798FJ6 05/30/2019 6061.65005/30/2014 246,467.55 1.627 1.650245,000.00 Leader Bank1364 NCD 245,000.0052168UCN0 08/22/2019 6902.00008/22/2014 245,154.35 1.973 2.001245,000.00 Legends Bank1533 NCD 245,000.0052465JGM3 02/11/2022 1,5941.70002/12/2016 247,788.10 1.678 1.701245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 5 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's Live Oak Banking Company1671 NCD 245,000.00538036CH5 08/19/2021 1,4181.40008/19/2016 240,327.85 1.381 1.400245,000.00 Luana Savings Bank1367 NCD 245,000.00549103QA0 09/07/2021 1,4372.25009/05/2014 247,562.70 2.219 2.250245,000.00 Machias Savings Bank1358 NCD 245,000.00554479DN2 08/28/2019 6961.80008/28/2014 246,509.20 1.776 1.801245,000.00 Marathon Savings Bank1818 NCD 245,000.0056585YAA8 06/28/2022 1,7312.05006/28/2017 243,265.40 2.023 2.051245,000.00 Mascoma Savings Bank1319 NCD 248,000.0057461PAG1 01/15/2019 4711.80006/20/2014 249,254.88 1.627 1.650248,461.64 MB Financial Bank NA1730 NCD 245,000.0055266CUF1 01/13/2022 1,5652.10001/13/2017 245,333.20 2.072 2.101245,000.00 Mercantile Bank of Michigan1793 NCD 245,000.0058740XZF0 05/12/2022 1,6842.10005/12/2017 244,274.80 2.071 2.100245,000.00 Mechanics Coop Bank1803 NCD 245,000.00583626AC0 05/26/2022 1,6982.05005/26/2017 243,598.60 2.023 2.051245,000.00 Medallion Bank - Salt Lake1238 NCD 245,000.0058403BJ31 01/10/2019 4661.85001/10/2014 246,202.95 1.825 1.850245,000.00 Merrick Bank1464 NCD 245,000.0059013JHE2 08/20/2020 1,0541.90008/20/2015 245,107.80 1.876 1.902245,000.00 Merchants National Bank OH1534 NCD 245,000.00588806AV1 02/17/2022 1,6001.80002/17/2016 247,111.90 1.776 1.801245,000.00 Mid-Country Bank1810 NCD 245,000.0059565QCG8 06/14/2022 1,7172.05006/14/2017 243,424.65 2.023 2.051245,000.00 Mid-Missouri Bank1806 NCD 245,000.0059541KBL0 06/10/2022 1,7132.05006/12/2017 243,446.70 2.023 2.051245,000.00 Mifflinburg Bank & Trust Co.1321 NCD 132,000.00598580AB4 04/30/2019 5761.65006/20/2014 132,765.60 1.627 1.649132,000.00 Marlin Business Bank1483 NCD 245,000.0057116AKU1 10/21/2020 1,1161.75010/21/2015 247,484.30 1.727 1.751245,000.00 Municipal Trust and Savings1800 NCD 245,000.00625925AP7 05/02/2024 2,4052.35005/22/2017 242,858.70 2.317 2.349245,000.00 Mutual One Bank1407 NCD 250,000.0062847HAA7 11/21/2019 7811.85011/21/2014 251,897.50 1.825 1.850250,000.00 MY Safra Bank FSB1467 NCD 245,000.0055406JAL6 09/03/2020 1,0681.90009/03/2015 247,922.85 1.873 1.900245,000.00 NBT Bank1322 NCD 156,000.00628779FJ4 06/06/2019 6131.80006/20/2014 156,906.36 1.775 1.799156,000.00 NBT Bank1373 NCD 94,000.00628779FN5 08/20/2019 6882.10008/20/2014 94,542.38 2.071 2.10094,000.00 Customers Bank1388 NCD 250,000.0023204HCA4 09/10/2019 7092.10009/10/2014 251,430.00 2.071 2.100250,000.00 NCB Savings Bank1344 NCD 245,000.00628825JL6 07/25/2019 6621.80007/25/2014 245,588.00 1.775 1.800245,000.00 National Bank Commerce1607 NCD 245,000.00633368DY8 05/11/2023 2,0481.80005/11/2016 242,194.75 1.776 1.800245,000.00 Nebraska State Bank & Trust1466 NCD 245,000.0063969ABL7 08/26/2022 1,7902.25008/26/2015 250,091.10 2.220 2.251245,000.00 Lake Sunapee Bank FSB1309 NCD 245,000.00510868AG7 06/05/2019 6121.75006/05/2014 246,470.00 1.727 1.750245,000.00 Northern Bank & Trust MA1814 NCD 245,000.0066476QBX5 06/29/2022 1,7322.10006/29/2017 243,806.85 2.072 2.101245,000.00 Connectone Bank1355 NCD 245,000.0020786AAT2 08/13/2019 6811.85008/13/2014 246,467.55 1.824 1.850245,000.00 Bank of Northern Michigan1298 NCD 245,000.0006414TNW9 05/21/2020 9632.00005/21/2014 247,699.90 1.972 2.000245,000.00 Northfield Bank1365 NCD 245,000.0066612AAA6 08/12/2019 6801.85008/13/2014 246,376.90 1.824 1.850245,000.00 Northstar Bank1326 NCD 245,000.0066704MEG2 07/18/2019 6551.75007/18/2014 246,474.90 1.727 1.751245,000.00 National Bank of NY City1312 NCD 245,000.00634116CB1 06/18/2019 6251.65006/18/2014 246,428.35 1.627 1.650245,000.00 Oostburg State Bank1532 NCD 245,000.00683430BU5 02/09/2021 1,2271.55002/09/2016 246,347.50 1.530 1.551245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 6 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's Williamette Valley Bank1524 NCD 245,000.00969294BY2 02/06/2023 1,9542.10002/04/2016 246,225.00 2.072 2.101245,000.00 Orrstown Bank1465 NCD 245,000.00687377DR9 08/20/2020 1,0542.00008/20/2015 245,139.65 1.974 2.002245,000.00 South Ottumwa Savings Bank1851 NCD 245,000.00839145AA7 09/29/2022 1,8242.05009/29/2017 242,270.70 2.022 2.051245,000.00 Peoples United Bank1378 NCD 245,000.0071270QGB6 08/27/2019 6951.95008/27/2014 246,416.10 1.923 1.950245,000.00 Ponce De Leon Federal Bank1795 NCD 245,000.00732333AH2 05/26/2022 1,6982.10005/26/2017 244,140.05 2.072 2.101245,000.00 Parkside Financial Bank1833 NCD 245,000.0070147ACE2 03/15/2023 1,9912.10007/19/2017 242,184.95 2.072 2.101245,000.00 Peapack-Gladstone Bank1275 NCD 245,000.00704692AK8 04/17/2019 5631.80004/17/2014 246,413.65 1.776 1.801245,000.00 Planters Bank1363 NCD 245,000.0072741PCU9 08/20/2021 1,4192.50008/20/2014 240,518.95 2.467 2.501245,000.00 Prime Alliance Bank1331 NCD 245,000.0074160NED8 07/11/2019 6481.70007/11/2014 246,430.80 1.677 1.701245,000.00 Park National Bank1395 NCD 250,000.00700654AV8 03/26/2019 5412.10009/26/2014 250,617.50 2.070 2.099250,000.00 Providence Bank1445 NCD 245,000.00743738BQ8 02/25/2022 1,6082.10002/26/2015 250,811.40 2.072 2.101245,000.00 Peoples State Bank, WI1304 NCD 245,000.00712515GY5 05/23/2019 5991.70005/23/2014 246,425.90 1.676 1.700245,000.00 Private Bank & Trust Co.1293 NCD 245,000.0074267GUN5 11/21/2018 4161.65005/21/2014 245,703.15 1.627 1.650245,000.00 Ohio Valley Bank1338 NCD 250,000.00677721CE0 07/23/2019 6601.80007/23/2014 251,502.50 1.776 1.801250,000.00 Reliance Savings Bank1636 NCD 245,000.0075950XAD1 06/22/2021 1,3601.45006/22/2016 241,837.05 1.430 1.450245,000.00 Sallie Mae Bank1350 NCD 245,000.00795450SC0 07/30/2019 6672.05007/30/2014 246,465.10 2.021 2.050245,000.00 State Bank Definace1233 NCD 245,000.00855736CX0 07/19/2018 2911.65007/19/2013 245,776.65 1.628 1.650245,000.00 State Bank of India1390 NCD 245,000.00856284Z98 09/11/2019 7102.15009/11/2014 246,445.50 2.120 2.150245,000.00 State Bank of Texas1230 NCD 245,000.00856528CG7 07/17/2018 2891.60007/17/2013 245,071.05 1.578 1.600245,000.00 Security National Bank1499 NCD 245,000.00814414AC2 11/19/2021 1,5102.00011/19/2015 244,816.25 1.974 2.001245,000.00 Security State Bank1774 NCD 245,000.0081489TAS5 04/07/2022 1,6492.10004/07/2017 244,605.55 2.072 2.101245,000.00 Somerset Trust Company Bank1616 NCD 245,000.00835104BL3 06/12/2023 2,0801.80006/10/2016 239,171.45 1.776 1.800245,000.00 Bank of New England1704 NCD 245,000.00063847AW7 10/19/2021 1,4791.50010/19/2016 239,818.25 1.480 1.500245,000.00 Bell State Bank & Trust1223 NCD 245,000.0007815AAG2 06/28/2018 2701.30006/28/2013 244,960.80 1.282 1.300245,000.00 Security Bank1777 NCD 245,000.00814107AQ1 04/19/2022 1,6612.00004/19/2017 243,427.10 1.973 2.001245,000.00 Sterns Bank NA1221 NCD 245,000.00857894NG0 06/28/2018 2701.30006/28/2013 244,980.40 1.282 1.300245,000.00 Stockman Bank1557 NCD 245,000.0086128QBX5 03/30/2023 2,0062.00003/30/2016 244,377.70 1.973 2.000245,000.00 Third Federal Savings and Loan1242 NCD 245,000.0088413QAF5 10/22/2018 3861.75001/22/2014 245,830.55 1.726 1.750245,000.00 Thomasville Natl Bank1266 NCD 245,000.00884693BJ0 04/12/2021 1,2892.40004/11/2014 250,929.00 2.367 2.400245,000.00 Crossfirst Bank of Leawood1804 NCD 245,000.0022766ABF1 06/09/2023 2,0772.15006/09/2017 242,466.70 2.121 2.151245,000.00 Toyota Financial Savings Bank1740 NCD 245,000.0089235MHU8 02/12/2024 2,3252.65002/10/2017 245,460.60245,000.00 Traverse City State Bank1820 NCD 245,000.00894333FF5 06/28/2022 1,7312.00006/28/2017 242,719.05 1.972 2.000245,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 7 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Negotiable CD's UBS Bank USA1815 NCD 250,000.0090348JBR0 01/20/2022 1,5722.25006/15/2017 251,825.00 2.219 2.249250,000.00 United Community Bank GA1749 NCD 245,000.0090984P5A9 03/01/2022 1,6122.05003/01/2017 244,416.90 2.021 2.050245,000.00 Uinta Bank1639 NCD 245,000.00903572BC8 12/26/2023 2,2771.70006/24/2016 238,296.80 1.676 1.700245,000.00 United Bankers' Bank1379 NCD 245,000.00909557EA4 04/29/2019 5751.80008/29/2014 245,803.60 1.776 1.800245,000.00 United Community Bank1694 NCD 245,000.0090983WBD2 03/28/2022 1,6391.60009/29/2016 240,171.05 1.577 1.599245,000.00 Unity Bank1529 NCD 245,000.0091330ABF3 02/26/2021 1,2441.60002/26/2016 246,421.00 1.579 1.601245,000.00 Valley Central Savings Bank1422 NCD 245,000.0091944RAF5 12/30/2019 8201.85012/29/2014 246,832.60 1.824 1.850245,000.00 Washington Trst Westerly1345 NCD 245,000.00940637GJ4 07/31/2019 6681.90007/31/2014 246,467.55 1.873 1.900245,000.00 Webster Bank NA1252 NCD 245,000.0094768NJM7 02/12/2019 4991.90002/12/2014 246,060.85 1.873 1.900245,000.00 Northwest Bank1308 NCD 245,000.0066736AAK5 05/29/2019 6051.65005/29/2014 246,472.45 1.628 1.650245,000.00 Western State Bank1392 NCD 245,000.0095960NJA6 03/26/2020 9072.10009/26/2014 246,778.70 2.071 2.100245,000.00 Washington First Bank1745 NCD 245,000.00940727AH3 02/23/2022 1,6062.05002/23/2017 244,470.80 2.021 2.050245,000.00 Wells Fargo Bank1656 NCD 245,000.009497486H5 06/30/2021 1,3681.60006/30/2016 241,815.00 1.578 1.600245,000.00 Woodford State Bank1459 NCD 245,000.00979424AA6 07/29/2022 1,7622.35008/12/2015 249,704.00 2.317 2.349245,000.00 Washington County Bank1842 NCD 245,000.0093754PAN7 05/11/2022 1,6832.05008/11/2017 243,745.60 2.021 2.050245,000.00 Zions First National Bank1417 NCD 250,000.0098970TU79 12/10/2019 8001.90012/08/2014 250,370.00 1.873 1.899250,000.00 Subtotal and Average 48,419,331.50 48,426,000.00 48,401,086.60 1.857 1.883 1,225 Medium Term Notes Apple, Inc.1342 MTN 2,000,000.00037833AQ3 05/06/2019 5822.10007/15/2014 2,015,840.00 1.982 2.0102,002,717.22 Apple, Inc.1461 MTN 750,000.00037833AX8 02/07/2020 8591.55008/13/2015 746,295.00 1.980 2.008742,310.52 Apple, Inc.1497 MTN 1,500,000.00037833BD1 05/06/2020 9482.00011/05/2015 1,507,710.00 1.854 1.8791,504,464.47 Apple, Inc.1543 MTN 700,000.00037833BS8 02/23/2021 1,2412.25002/23/2016 705,635.00 2.140 2.169701,767.83 Alphabet (Google) Inc.1657 MTN 100,000.0002079KAA5 05/19/2021 1,3263.62507/11/2016 105,778.00 1.271 1.288108,201.19 Alphabet (Google) Inc.1658 MTN 946,000.0038259PAB8 05/19/2021 1,3263.62507/11/2016 1,000,659.88 1.271 1.2881,023,583.26 Alphabet (Google) Inc.1660 MTN 1,500,000.0002079KAA5 05/19/2021 1,3263.62507/12/2016 1,586,670.00 1.238 1.2551,624,862.71 Alphabet (Google) Inc.1734 MTN 871,000.0002079KAA5 05/19/2021 1,3263.62501/11/2017 921,326.38 2.012 2.040918,748.99 Johnson & Johnson1411 MTN 2,000,000.00478160BM5 12/05/2019 7951.87511/24/2014 2,011,100.00 1.874 1.9001,998,961.02 Johnson & Johnson1418 MTN 1,500,000.00478160BM5 12/05/2019 7951.87512/08/2014 1,508,325.00 1.824 1.8501,500,771.57 Johnson & Johnson1624 MTN 1,000,000.00478160BS2 03/01/2021 1,2471.65006/07/2016 991,510.00 1.530 1.5511,003,161.62 Microsoft Corporation1448 MTN 2,000,000.00594918AV0 02/12/2020 8641.85002/12/2015 2,009,100.00 1.785 1.8102,001,776.61 Microsoft Corporation1496 MTN 2,000,000.00594918BG8 11/03/2020 1,1292.00011/05/2015 2,011,420.00 1.913 1.9402,003,463.40 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 8 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Medium Term Notes Microsoft Corporation1515 MTN 900,000.00594918BG8 11/03/2020 1,1292.00001/07/2016 905,139.00 1.887 1.913902,282.93 Stanford University1336 MTN 300,000.00854403AC6 05/01/2019 5774.75007/10/2014 314,097.00 1.966 1.993312,424.12 Stanford University1347 MTN 150,000.00854403AC6 05/01/2019 5774.75007/24/2014 157,048.50 1.896 1.922156,384.86 Stanford University1349 MTN 225,000.00854403AC6 05/01/2019 5774.75007/25/2014 235,572.75 1.895 1.921234,582.88 Stanford University1419 MTN 105,000.00854403AC6 05/01/2019 5774.75012/11/2014 109,933.95 1.893 1.920109,490.64 Subtotal and Average 18,849,955.84 18,547,000.00 18,843,160.46 1.789 1.814 980 Federal Agency Issues - Coupon Federal Agricultural Mortgage1028 3,000,000.0031315PPC7 02/21/2019 5081.79002/21/2012 3,012,930.00 1.765 1.7903,000,000.00 Federal Agricultural Mortgage1031 2,000,000.0031315PQC6 09/06/2018 3401.55003/06/2012 2,003,480.00 1.528 1.5502,000,000.00 Federal Agricultural Mortgage1052 1,500,000.0031315PTW9 04/10/2019 5561.87004/10/2012 1,505,010.00 1.844 1.8701,500,000.00 Federal Agricultural Mortgage1123 Call 1,500,000.0031315PQL6 11/29/2021 1,5202.00011/29/2012 1,494,975.00 1.972 2.0001,500,000.00 Federal Agricultural Mortgage1130 1,500,000.0031315PPX1 07/05/2022 1,7382.20012/13/2012 1,510,590.00 1.930 1.9571,515,752.42 Federal Agricultural Mortgage1134 750,000.0031315PB32 11/21/2022 1,8772.00012/19/2012 743,227.50 2.081 2.110746,189.42 Federal Agricultural Mortgage1136 1,500,000.0031315PTY5 12/27/2019 8171.48012/27/2012 1,491,765.00 1.395 1.4151,502,067.77 Federal Agricultural Mortgage1137 1,500,000.0031315PUE7 12/27/2022 1,9132.18001/04/2013 1,494,825.00 2.165 2.1961,498,873.28 Federal Agricultural Mortgage1138 740,000.0031315PEY1 12/30/2019 8204.50001/04/2013 787,582.00 1.514 1.535786,574.61 Federal Agricultural Mortgage1139 500,000.0031315PWN5 06/01/2021 1,3393.84001/04/2013 531,565.00 1.946 1.973531,390.88 Federal Agricultural Mortgage1141 1,500,000.0031315PUE7 12/27/2022 1,9132.18001/08/2013 1,494,825.00 2.195 2.2251,496,799.74 Federal Agricultural Mortgage1142 1,200,000.0031315PTW9 04/10/2019 5561.87001/09/2013 1,204,008.00 1.400 1.4201,207,850.87 Federal Agricultural Mortgage1143 451,000.0031315PPC7 02/21/2019 5081.79001/09/2013 452,943.81 1.372 1.392453,381.27 Federal Agricultural Mortgage1144 1,500,000.0031315PUE7 12/27/2022 1,9132.18001/23/2013 1,494,825.00 2.111 2.1411,502,738.76 Federal Agricultural Mortgage1147 2,595,000.0031315PUE7 12/27/2022 1,9132.18001/28/2013 2,586,047.25 2.199 2.2292,588,925.14 Federal Agricultural Mortgage1152 2,000,000.0031315PPF0 01/30/2019 4861.32002/11/2013 1,995,260.00 1.220 1.2372,002,121.95 Federal Agricultural Mortgage1155 1,500,000.0031315PPF0 01/30/2019 4861.32002/21/2013 1,496,445.00 1.262 1.2801,500,763.18 Federal Agricultural Mortgage1160 1,500,000.0031315PQM4 03/06/2018 1560.94003/07/2013 1,498,980.00 0.925 0.9371,500,012.59 Federal Agricultural Mortgage1163 1,500,000.0031315PQM4 03/06/2018 1560.94003/08/2013 1,498,980.00 0.987 1.0011,499,614.66 Federal Agricultural Mortgage1179 1,500,000.0031315PXM6 05/02/2018 2130.85005/02/2013 1,496,130.00 0.864 0.8771,499,768.25 Federal Agricultural Mortgage1186 1,450,000.0031315PXH7 01/09/2019 4652.10005/01/2013 1,461,701.50 1.055 1.0701,468,382.73 Federal Agricultural Mortgage1199 1,500,000.0031315PZZ5 03/09/2018 1590.77005/15/2013 1,496,970.00 0.961 0.9751,498,683.79 Federal Agricultural Mortgage1209 1,500,000.0031315PZZ5 03/09/2018 1590.77005/30/2013 1,496,970.00 1.151 1.1671,497,465.24 Federal Agricultural Mortgage1224 1,500,000.0031315PC98 06/12/2018 2541.18006/21/2013 1,497,975.00 1.549 1.5701,496,081.12 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 9 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Agricultural Mortgage1225 1,500,000.0031315PC98 06/12/2018 2541.18006/21/2013 1,497,975.00 1.575 1.5971,495,816.67 Federal Agricultural Mortgage1226 1,500,000.0031315PC98 06/12/2018 2541.18006/25/2013 1,497,975.00 1.783 1.8081,493,744.87 Federal Agricultural Mortgage1243 1,500,000.0031315PQT9 03/06/2020 8871.41001/15/2014 1,489,080.00 2.462 2.4961,463,474.39 Federal Agricultural Mortgage1244 1,500,000.0031315P3G2 09/09/2020 1,0742.80001/15/2014 1,531,530.00 2.635 2.6721,505,124.27 Federal Agricultural Mortgage1256 1,500,000.0031315PXH7 01/09/2019 4652.10003/05/2014 1,512,105.00 1.702 1.7261,506,810.91 Federal Agricultural Mortgage1257 300,000.0031315PTU3 03/09/2021 1,2554.16003/06/2014 321,435.00 2.574 2.609314,528.47 Federal Agricultural Mortgage1258 1,500,000.0031315P6P9 03/05/2024 2,3473.40003/07/2014 1,568,445.00 3.325 3.3721,502,267.05 Federal Agricultural Mortgage1259 1,500,000.0031315P6P9 03/05/2024 2,3473.40003/10/2014 1,568,445.00 3.424 3.4711,494,206.95 Federal Agricultural Mortgage1264 1,500,000.0031315PK40 03/26/2021 1,2722.50003/26/2014 1,525,530.00 2.495 2.5301,498,543.30 Federal Agricultural Mortgage1265 1,800,000.0031315PJ67 02/28/2019 5151.70003/28/2014 1,804,842.00 1.784 1.8091,797,362.74 Federal Agricultural Mortgage1271 1,000,000.0031315P4B2 01/30/2024 2,3123.46004/09/2014 1,051,490.00 3.297 3.3431,006,215.45 Federal Agricultural Mortgage1279 1,250,000.0031315PPX1 07/05/2022 1,7382.20004/23/2014 1,258,825.00 2.889 2.9301,211,614.02 Federal Agricultural Mortgage1399 500,000.0031315PVF3 04/03/2020 9151.47510/15/2014 497,580.00 1.857 1.882495,164.58 Federal Agricultural Mortgage1406 1,500,000.0031315PA58 11/20/2019 7801.31011/07/2014 1,490,160.00 1.854 1.8801,482,649.78 Federal Agricultural Mortgage1408 2,000,000.0031315PM22 11/20/2019 7801.84011/20/2014 2,009,260.00 1.814 1.8402,000,000.00 Federal Agricultural Mortgage1410 1,500,000.0031315PM22 11/20/2019 7801.84011/20/2014 1,506,945.00 1.848 1.8731,498,974.67 Federal Agricultural Mortgage1423 1,500,000.0031315PZ85 12/23/2019 8131.85012/23/2014 1,503,810.00 1.851 1.8761,499,151.22 Federal Agricultural Mortgage1427 675,000.0031315P2C2 05/05/2021 1,3122.51001/09/2015 686,913.75 2.110 2.140683,346.90 Federal Agricultural Mortgage1428 404,000.0031315PL23 03/27/2024 2,3693.33001/09/2015 418,701.56 2.540 2.575421,492.54 Federal Agricultural Mortgage1433 1,604,000.0031315PD89 06/12/2023 2,0802.61001/22/2015 1,614,377.88 2.269 2.3011,629,531.93 Federal Agricultural Mortgage1447 1,450,000.0031315PD89 06/12/2023 2,0802.61002/09/2015 1,459,381.50 2.377 2.4101,464,864.80 Federal Agricultural Mortgage1452 1,000,000.003130H0AJ2 03/01/2022 1,6122.15003/05/2015 1,005,190.00 2.120 2.1501,000,000.00 Federal Agricultural Mortgage1552 Call 1,500,000.003132X0EU1 01/27/2026 3,0402.93002/26/2016 1,468,320.00 2.831 2.8701,506,367.86 Federal Agricultural Mortgage1554 Call 1,500,000.003132X0EU1 01/27/2026 3,0402.93003/02/2016 1,468,320.00 2.878 2.9181,501,260.59 Federal Agricultural Mortgage1576 1,000,000.0031315PZS1 01/24/2023 1,9412.13004/06/2016 1,001,450.00 1.839 1.8641,013,158.91 Federal Agricultural Mortgage1580 474,000.0031315PEM7 08/04/2025 2,8644.35004/08/2016 533,306.88 2.296 2.328541,196.17 Federal Agricultural Mortgage1595 1,500,000.0031315P2J7 05/01/2024 2,4043.30004/21/2016 1,560,885.00 2.084 2.1121,607,289.65 Federal Agricultural Mortgage1604 1,500,000.0031315P2J7 05/01/2024 2,4043.30004/26/2016 1,560,885.00 2.159 2.1891,600,032.89 Federal Agricultural Mortgage1617 500,000.0031315PUE7 12/27/2022 1,9132.18005/26/2016 498,275.00 1.844 1.870507,588.54 Federal Agricultural Mortgage1655 1,500,000.0031315PQT9 03/06/2020 8871.41007/01/2016 1,489,080.00 0.992 1.0051,514,427.59 Federal Agricultural Mortgage1663 510,000.0031315PQT9 03/06/2020 8871.41007/21/2016 506,287.20 1.135 1.150513,134.69 Federal Agricultural Mortgage1665 2,000,000.003132X0BH3 07/15/2022 1,7482.38007/25/2016 2,011,520.00 1.499 1.5202,078,437.99 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 10 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Agricultural Mortgage1681 1,750,000.003132X0BG5 06/15/2020 9881.75008/24/2016 1,746,920.00 1.136 1.1521,777,616.38 Federal Agricultural Mortgage1698 1,500,000.003132X0EQ0 01/25/2021 1,2121.55010/03/2016 1,482,840.00 1.256 1.2741,513,305.56 Federal Agricultural Mortgage1710 1,500,000.0031315PRA9 02/03/2026 3,0474.81010/18/2016 1,746,060.00 2.131 2.1601,798,719.19 Federal Agricultural Mortgage1736 Call 1,000,000.003130H0BL6 01/01/2027 3,3793.20001/19/2017 1,000,040.00 3.156 3.2001,000,000.00 Federal Agricultural Mortgage1755 1,000,000.003132X0PX3 02/23/2022 1,6062.10002/23/2017 1,002,430.00 2.034 2.0631,001,533.66 Federal Agricultural Mortgage1758 1,500,000.003132X0PX3 02/23/2022 1,6062.10003/02/2017 1,503,645.00 2.085 2.1141,499,072.53 Federal Agricultural Mortgage1769 1,500,000.003132X0RS2 04/06/2022 1,6482.07504/06/2017 1,501,395.00 2.046 2.0751,500,000.00 Federal Agricultural Mortgage1781 1,000,000.003132X0QG9 02/22/2021 1,2401.90004/12/2017 1,000,630.00 1.781 1.8051,003,062.16 Federal Agricultural Mortgage1784 Call 1,500,000.003132X0QC8 02/23/2027 3,4323.25004/27/2017 1,500,945.00 3.200 3.2451,500,535.13 Federal Agricultural Mortgage1788 1,000,000.003132X0NZ0 01/03/2022 1,5552.10005/04/2017 1,000,780.00 1.938 1.9651,005,456.44 Federal Agricultural Mortgage1789 Call 1,000,000.003130H0BN2 05/01/2027 3,4993.20005/11/2017 996,450.00 3.156 3.2001,000,000.00 Federal Agricultural Mortgage1792 Call 1,500,000.003132X0QC8 02/23/2027 3,4323.25005/09/2017 1,500,945.00 3.201 3.2451,500,000.00 Federal Agricultural Mortgage1794 Call 1,000,000.003132X0MM0 12/22/2026 3,3693.37505/10/2017 1,002,810.00 3.244 3.2891,006,714.90 Federal Agricultural Mortgage1817 1,000,000.0031315PPX1 07/05/2022 1,7382.20006/14/2017 1,007,060.00 1.908 1.9341,011,972.59 Federal Agricultural Mortgage1830 1,500,000.003132X0UA7 06/29/2022 1,7321.88006/29/2017 1,494,555.00 1.903 1.9301,496,612.47 Federal Agricultural Mortgage1831 1,000,000.003132X0UA7 06/29/2022 1,7321.88006/29/2017 996,370.00 1.923 1.949996,850.64 Federal Agricultural Mortgage1850 Call 1,500,000.003130H0BR3 09/01/2027 3,6223.05009/28/2017 1,487,895.00 3.008 3.0501,500,000.00 Federal Agricultural Mortgage839 1,500,000.0031315PEY1 12/30/2019 8204.50012/30/2009 1,596,450.00 4.438 4.5001,500,000.00 Federal Agricultural Mortgage923 1,500,000.0031315PNM7 12/28/2017 883.15012/28/2010 1,508,520.00 3.106 3.1501,500,000.00 Federal Agricultural Mortgage942 1,500,000.0031315PTU3 03/09/2021 1,2554.16003/09/2011 1,607,175.00 4.103 4.1601,500,000.00 Federal Farm Credit Bank1092 1,500,000.003133EAUF3 06/14/2019 6211.50006/14/2012 1,497,540.00 1.479 1.5001,500,000.00 Federal Farm Credit Bank1205 575,000.0031331JQM8 06/04/2018 2463.40005/23/2013 583,481.25 1.045 1.060583,821.29 Federal Farm Credit Bank1206 950,000.0031331YW63 06/12/2018 2544.90005/23/2013 973,455.50 1.045 1.060974,701.06 Federal Farm Credit Bank722 2,000,000.0031331YCJ7 10/30/2017 294.90010/30/2007 2,006,700.00 4.832 4.9002,000,000.00 Federal Farm Credit Bank725 2,000,000.0031331YHQ6 12/15/2017 754.62512/12/2007 2,014,880.00 4.561 4.6242,000,000.00 Federal Farm Credit Bank903 1,000,000.0031331JN90 09/29/2020 1,0942.87509/29/2010 1,025,640.00 2.835 2.8751,000,000.00 Federal Farm Credit Bank918 2,000,000.0031331J5F6 12/16/2020 1,1723.62512/16/2010 2,107,640.00 3.575 3.6252,000,000.00 Federal Farm Credit Bank .1181 Call 1,500,000.003133EA4J4 10/11/2018 3751.15004/30/2013 1,496,625.00 1.137 1.1531,499,943.40 Federal Farm Credit Bank .1189 Call 1,500,000.003133ECMF8 04/24/2018 2050.98005/06/2013 1,497,315.00 0.986 1.0001,499,829.70 Federal Farm Credit Bank .1227 1,500,000.003133ECTM6 07/02/2018 2741.90007/02/2013 1,508,145.00 1.873 1.9001,500,000.00 Federal Farm Credit Bank .1241 500,000.003133ECRH9 06/06/2023 2,0742.45001/09/2014 505,910.00 3.383 3.430476,374.12 Federal Farm Credit Bank .1526 625,000.003133EAA65 07/26/2023 2,1242.12501/27/2016 622,118.75 2.024 2.052627,445.07 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 11 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Farm Credit Bank .1563 500,000.0031331XSS2 03/14/2022 1,6255.16003/17/2016 564,050.00 1.876 1.902568,233.77 Federal Farm Credit Bank .1565 Call 1,000,000.003133EFT98 03/28/2025 2,7352.62003/28/2016 985,210.00 2.596 2.632999,167.59 Federal Farm Credit Bank .1582 Call 1,500,000.003133EF3D7 04/21/2025 2,7592.54004/21/2016 1,474,065.00 2.505 2.5401,500,000.00 Federal Farm Credit Bank .1584 Call 1,500,000.003133EF3D7 04/21/2025 2,7592.54004/21/2016 1,474,065.00 2.505 2.5401,500,000.00 Federal Farm Credit Bank .1585 Call 1,500,000.003133EF4A2 04/19/2022 1,6611.92004/19/2016 1,482,645.00 1.893 1.9201,500,000.00 Federal Farm Credit Bank .1591 Call 1,500,000.003133EF2D8 04/13/2026 3,1162.64004/19/2016 1,477,680.00 2.603 2.6391,500,000.00 Federal Farm Credit Bank .1593 250,000.003133EC4L5 11/23/2021 1,5141.61004/21/2016 245,422.50 1.558 1.580250,294.77 Federal Farm Credit Bank .1596 1,000,000.003133ECPF5 05/13/2022 1,6851.87504/21/2016 990,220.00 1.578 1.6001,012,049.88 Federal Farm Credit Bank .1598 Call 1,000,000.003133EFX44 10/05/2022 1,8302.05004/22/2016 990,910.00 2.021 2.0491,000,000.00 Federal Farm Credit Bank .1603 Call 1,930,000.003133EFYV3 02/17/2026 3,0612.82004/26/2016 1,916,277.70 2.722 2.7601,938,407.39 Federal Farm Credit Bank .1606 Call 1,605,000.003133EFYF8 02/10/2025 2,6892.73004/28/2016 1,599,254.10 2.621 2.6571,612,529.80 Federal Farm Credit Bank .1609 Call 1,000,000.003133EF6T9 05/12/2025 2,7802.47005/12/2016 981,350.00 2.436 2.4701,000,000.00 Federal Farm Credit Bank .1615 1,000,000.003133EC7D0 12/13/2024 2,6302.12505/13/2016 979,620.00 1.930 1.9561,011,089.40 Federal Farm Credit Bank .1623 Call 1,500,000.003133EGEB7 06/09/2026 3,1732.57006/09/2016 1,465,500.00 2.534 2.5701,500,000.00 Federal Farm Credit Bank .1630 Call 1,000,000.003133EF2D8 04/13/2026 3,1162.64006/13/2016 985,120.00 2.522 2.5571,006,161.36 Federal Farm Credit Bank .1634 Call 1,000,000.003133EF2D8 04/13/2026 3,1162.64006/16/2016 985,120.00 2.489 2.5241,008,685.33 Federal Farm Credit Bank .1638 Call 2,000,000.003133EGGR0 06/22/2026 3,1862.50006/22/2016 1,947,900.00 2.582 2.6182,000,000.00 Federal Farm Credit Bank .1641 Call 1,500,000.003133EGHN8 06/30/2025 2,8292.42006/30/2016 1,473,285.00 2.386 2.4201,500,000.00 Federal Farm Credit Bank .1647 Call 1,500,000.003133EGJH9 01/06/2025 2,6542.24007/06/2016 1,467,210.00 2.209 2.2401,500,000.00 Federal Farm Credit Bank .1650 1,500,000.003133EGKM6 07/06/2020 1,0091.00007/06/2016 1,464,285.00 0.986 1.0001,500,000.00 Federal Farm Credit Bank .1659 500,000.0031331XSS2 03/14/2022 1,6255.16007/08/2016 564,050.00 1.215 1.232584,200.59 Federal Farm Credit Bank .1664 Call 1,500,000.003133EGFB6 06/16/2025 2,8152.36007/25/2016 1,460,025.00 2.309 2.3411,501,950.56 Federal Farm Credit Bank .1675 Call 1,500,000.003133EGQA6 11/08/2023 2,2291.85008/09/2016 1,439,190.00 1.859 1.8851,497,031.65 Federal Farm Credit Bank .1679 Call 1,350,000.003133EGQH1 08/10/2026 3,2352.14008/18/2016 1,275,898.50 2.110 2.1391,350,000.00 Federal Farm Credit Bank .1701 Call 1,625,000.003133EGXB6 10/05/2026 3,2912.14010/06/2016 1,531,123.75 2.154 2.1841,619,141.15 Federal Farm Credit Bank .1705 Call 1,000,000.003133EGYL3 10/17/2025 2,9382.09010/17/2016 956,270.00 2.061 2.0901,000,000.00 Federal Farm Credit Bank .1782 500,000.0031331XHX3 12/21/2021 1,5425.05004/12/2017 560,750.00 1.884 1.910563,099.80 Federal Farm Credit Bank .1787 900,000.003133EEVD9 03/25/2024 2,3672.30005/04/2017 893,331.00 2.274 2.306899,652.86 Federal Farm Credit Bank .1822 500,000.003133EDWX6 10/07/2024 2,5632.91006/21/2017 516,345.00 2.143 2.172523,783.45 Federal Farm Credit Bank .1826 Call 1,000,000.003133EHGK3 04/24/2025 2,7622.85006/22/2017 1,000,000.00 2.798 2.8361,000,000.00 Federal Farm Credit Bank .1843 445,000.003133ED6R8 11/07/2022 1,8632.93009/14/2017 463,093.70 1.870 1.896467,231.06 Federal Farm Credit Bank .1845 Call 506,000.003133EFYK7 02/08/2023 1,9562.29009/14/2017 501,461.18 2.260 2.291505,949.84 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 12 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Farm Credit Bank .1846 Call 1,500,000.003133EHZL0 09/20/2027 3,6412.92009/20/2017 1,487,460.00 2.880 2.9201,500,000.00 Federal Farm Credit Bank .1848 Call 1,000,000.003133EGCR4 06/01/2023 2,0692.07009/18/2017 988,780.00 2.135 2.165994,942.23 Federal Farm Credit Bank .1849 Call 1,000,000.003133EHTZ6 08/09/2027 3,5992.95009/18/2017 997,160.00 2.909 2.9491,000,000.00 Federal Home Loan Bank1012 2,000,000.00313376BR5 12/14/2018 4391.75012/16/2011 2,007,200.00 1.725 1.7492,000,000.00 Federal Home Loan Bank1039 1,500,000.003133782M2 03/08/2019 5231.50003/08/2012 1,500,645.00 1.574 1.5961,498,045.86 Federal Home Loan Bank1041 1,500,000.00313378LA7 02/25/2022 1,6082.33003/20/2012 1,518,945.00 2.298 2.3301,500,000.00 Federal Home Loan Bank1049 1,500,000.00313378VG3 05/22/2019 5981.85004/09/2012 1,504,815.00 1.824 1.8501,500,000.00 Federal Home Loan Bank1058 1,500,000.003133792L2 10/20/2017 191.23004/20/2012 1,500,165.00 1.213 1.2301,500,000.00 Federal Home Loan Bank1068 1,500,000.00313379BL2 12/29/2017 891.25004/30/2012 1,500,435.00 1.232 1.2501,500,000.00 Federal Home Loan Bank1073 2,000,000.00313379EC9 11/18/2020 1,1442.00005/18/2012 2,015,100.00 1.972 2.0002,000,000.00 Federal Home Loan Bank1125 1,500,000.00313381C94 12/13/2019 8031.25011/30/2012 1,488,300.00 1.196 1.2121,501,174.07 Federal Home Loan Bank1126 Call 750,000.00313381DA0 12/05/2022 1,8912.19012/05/2012 740,092.50 2.165 2.195749,805.83 Federal Home Loan Bank1127 1,500,000.00313381GB5 11/30/2018 4251.00011/30/2012 1,493,130.00 0.986 1.0001,500,000.00 Federal Home Loan Bank1131 1,500,000.00313381C94 12/13/2019 8031.25012/13/2012 1,488,300.00 1.232 1.2491,500,000.00 Federal Home Loan Bank1135 1,500,000.00313376BR5 12/14/2018 4391.75012/19/2012 1,505,400.00 1.075 1.0901,511,496.60 Federal Home Loan Bank1140 1,500,000.00313376BR5 12/14/2018 4391.75001/08/2013 1,505,400.00 1.117 1.1321,510,739.86 Federal Home Loan Bank1146 Call 212,500.00313381DA0 12/05/2022 1,8912.19001/25/2013 209,692.88 2.201 2.232212,081.59 Federal Home Loan Bank1154 1,500,000.003133XRFZ8 06/08/2018 2504.75002/21/2013 1,534,275.00 1.020 1.0351,537,106.73 Federal Home Loan Bank1156 1,315,000.003133XHRJ3 12/10/2021 1,5315.00002/25/2013 1,476,192.70 1.825 1.8501,474,517.96 Federal Home Loan Bank1157 2,000,000.003133XSR59 12/14/2018 4393.75002/25/2013 2,054,280.00 1.128 1.1442,060,465.37 Federal Home Loan Bank1168 530,000.003133XSR59 12/14/2018 4393.75003/11/2013 544,384.20 1.165 1.182545,778.68 Federal Home Loan Bank1182 Call 1,500,000.00313381C29 06/04/2018 2461.05004/30/2013 1,497,195.00 1.039 1.0541,499,960.25 Federal Home Loan Bank1204 Call 557,958.01313383EP2 06/20/2018 2621.25006/20/2013 557,941.27 1.232 1.250557,958.01 Federal Home Loan Bank1212 1,500,000.00313379DT3 06/08/2018 2501.25006/05/2013 1,499,625.00 1.222 1.2391,500,108.91 Federal Home Loan Bank1213 2,000,000.00313379DT3 06/08/2018 2501.25006/06/2013 1,999,500.00 1.191 1.2082,000,556.93 Federal Home Loan Bank1216 Call 1,500,000.00313382Y98 05/16/2018 2271.00006/12/2013 1,496,520.00 1.412 1.4321,496,099.92 Federal Home Loan Bank1217 Call 1,000,000.00313382FP3 03/20/2018 1701.00006/12/2013 998,200.00 1.372 1.391998,229.34 Federal Home Loan Bank1228 1,500,000.00313373UU4 06/08/2018 2502.75007/01/2013 1,514,805.00 1.605 1.6271,511,057.45 Federal Home Loan Bank1240 1,500,000.00313371U79 12/11/2020 1,1673.12501/09/2014 1,564,155.00 2.615 2.6511,520,572.63 Federal Home Loan Bank1248 1,500,000.003130A0J27 01/07/2020 8282.22001/23/2014 1,520,115.00 2.194 2.2251,499,834.44 Federal Home Loan Bank1253 1,500,000.003130A12B3 03/13/2020 8942.12502/24/2014 1,515,090.00 2.095 2.1241,500,000.00 Federal Home Loan Bank1261 1,500,000.00313382K69 03/12/2021 1,2581.75003/13/2014 1,497,930.00 2.418 2.4511,466,841.80 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 13 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Home Loan Bank1267 1,500,000.00313370US5 09/11/2020 1,0762.87504/02/2014 1,550,895.00 2.271 2.3031,523,346.05 Federal Home Loan Bank1270 200,000.00313379EC9 11/18/2020 1,1442.00004/08/2014 201,510.00 2.263 2.295198,294.35 Federal Home Loan Bank1272 550,000.00313379EC9 11/18/2020 1,1442.00004/09/2014 554,152.50 2.263 2.295545,307.48 Federal Home Loan Bank1278 325,000.003133XTYY6 06/14/2019 6214.37504/22/2014 340,382.25 1.889 1.916337,897.78 Federal Home Loan Bank1314 1,500,000.00313379EE5 06/14/2019 6211.62506/04/2014 1,502,475.00 1.700 1.7241,497,576.79 Federal Home Loan Bank1318 1,500,000.00313379EE5 06/14/2019 6211.62506/16/2014 1,502,475.00 1.774 1.7991,495,767.52 Federal Home Loan Bank1324 Call 1,250,000.003133836A4 05/22/2019 5980.80006/24/2014 1,232,087.50 1.766 1.7911,230,570.21 Federal Home Loan Bank1332 1,500,000.003130A2FH4 06/14/2019 6211.75007/02/2014 1,504,770.00 1.686 1.7101,500,970.07 Federal Home Loan Bank1577 1,500,000.003130A7Q73 12/08/2021 1,5291.53004/08/2016 1,475,220.00 1.450 1.4701,503,585.77 Federal Home Loan Bank1583 Call 1,690,000.003130A7RS6 04/27/2026 3,1302.65004/27/2016 1,655,084.60 2.619 2.6551,689,275.65 Federal Home Loan Bank1587 Call 1,500,000.003130A7TA3 04/28/2023 2,0352.07004/28/2016 1,474,650.00 2.041 2.0701,500,000.00 Federal Home Loan Bank1605 1,000,000.00313382K69 03/12/2021 1,2581.75004/27/2016 998,620.00 1.490 1.5111,007,891.49 Federal Home Loan Bank1619 500,000.003133827D9 02/08/2021 1,2261.75006/02/2016 498,980.00 1.476 1.496504,086.69 Federal Home Loan Bank1620 400,000.003133XDVS7 12/11/2020 1,1675.25006/02/2016 443,028.00 1.461 1.481446,408.89 Federal Home Loan Bank1628 Call 1,500,000.003130A8F99 06/15/2026 3,1792.58006/15/2016 1,459,470.00 2.544 2.5801,500,000.00 Federal Home Loan Bank1632 Call 2,000,000.003130A8J46 06/29/2026 3,1932.52006/29/2016 1,946,062.00 2.485 2.5202,000,000.00 Federal Home Loan Bank1633 Call 1,363,636.273130A8J79 12/27/2024 2,6442.35006/27/2016 1,320,340.82 2.317 2.3501,363,636.27 Federal Home Loan Bank1635 Call 1,500,000.003130A8JG9 06/22/2023 2,0902.07006/22/2016 1,479,555.00 2.041 2.0701,500,000.00 Federal Home Loan Bank1637 Call 909,091.003130A8J79 12/27/2024 2,6442.35006/27/2016 880,227.36 2.317 2.350909,091.00 Federal Home Loan Bank1640 Call 1,500,000.003130A8JX2 06/29/2026 3,1932.54006/29/2016 1,471,920.00 2.505 2.5401,500,000.00 Federal Home Loan Bank1643 Call 1,500,000.003130A8HF3 09/23/2025 2,9142.44006/23/2016 1,464,615.00 2.430 2.4641,497,412.61 Federal Home Loan Bank1644 Call 1,500,000.003130A8HT3 12/29/2025 3,0112.47006/29/2016 1,500,060.00 2.451 2.4851,498,346.77 Federal Home Loan Bank1648 Call 1,500,000.003130A8J46 06/29/2026 3,1932.52006/29/2016 1,459,546.50 2.425 2.4591,500,393.50 Federal Home Loan Bank1649 250,000.003130A0EN6 12/10/2021 1,5312.87506/28/2016 259,435.00 1.232 1.249266,413.84 Federal Home Loan Bank1651 Call 1,500,000.003130A8MQ3 10/12/2022 1,8371.87507/12/2016 1,477,395.00 1.849 1.8751,500,000.00 Federal Home Loan Bank1652 Call 980,000.003130A8F99 06/15/2026 3,1792.58006/29/2016 953,520.40 2.524 2.560981,491.98 Federal Home Loan Bank1661 Call 1,000,000.003130A8SJ3 11/01/2024 2,5882.15008/01/2016 972,160.00 2.120 2.1501,000,000.00 Federal Home Loan Bank1662 Call 1,500,000.003130A8R54 07/28/2023 2,1261.80007/28/2016 1,451,700.00 1.795 1.8201,498,366.09 Federal Home Loan Bank1667 Call 1,500,000.003130A8VP5 08/23/2024 2,5182.00008/23/2016 1,449,690.00 1.972 2.0001,500,000.00 Federal Home Loan Bank1668 Call 1,500,000.003130A8VN0 11/17/2023 2,2381.94008/17/2016 1,446,720.00 1.913 1.9401,500,000.00 Federal Home Loan Bank1690 Call 1,000,000.003130A94L2 09/02/2026 3,2582.12509/15/2016 950,590.00 2.129 2.158997,314.47 Federal Home Loan Bank1695 Call 1,500,000.003130A9N64 10/06/2026 3,2922.15010/06/2016 1,450,095.00 2.120 2.1501,500,000.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 14 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal Home Loan Bank1697 Call 1,000,000.003130A9N64 10/06/2026 3,2922.15010/06/2016 966,730.00 2.131 2.161999,098.61 Federal Home Loan Bank1699 500,000.003133827E7 02/06/2023 1,9542.13010/05/2016 500,905.00 1.578 1.600513,418.46 Federal Home Loan Bank1700 Call 1,500,000.003130A9P62 10/13/2026 3,2992.20010/13/2016 1,446,525.00 2.169 2.2001,500,000.00 Federal Home Loan Bank1702 Call 2,000,000.003130A9PT2 10/26/2026 3,3122.23010/26/2016 1,879,940.00 2.199 2.2302,000,000.00 Federal Home Loan Bank1706 Call 310,000.003130A9PT2 10/26/2026 3,3122.23010/26/2016 291,390.70 2.214 2.245309,623.26 Federal Home Loan Bank1707 Call 1,000,000.003130A9RH6 10/20/2026 3,3062.30010/20/2016 965,080.00 2.270 2.302999,818.94 Federal Home Loan Bank1709 Call 1,000,000.003130A9RH6 10/20/2026 3,3062.30010/20/2016 965,080.00 2.271 2.302999,773.68 Federal Home Loan Bank1713 Call 2,000,000.003130A9XC0 11/17/2026 3,3342.36011/17/2016 1,913,160.00 2.327 2.3602,000,000.00 Federal Home Loan Bank1716 Call 1,500,000.003130A9XC0 11/17/2026 3,3342.36011/17/2016 1,434,870.00 2.361 2.3931,495,892.50 Federal Home Loan Bank1717 Call 1,500,000.003130AA2Z0 11/23/2026 3,3402.69011/23/2016 1,470,240.00 2.653 2.6901,500,000.00 Federal Home Loan Bank1718 Call 205,000.003130AA2Z0 11/23/2026 3,3402.69011/23/2016 200,932.80 2.682 2.720204,508.85 Federal Home Loan Bank1719 Call 1,500,000.003130A7C29 02/24/2026 3,0682.75011/16/2016 1,487,565.00 2.712 2.7491,500,000.00 Federal Home Loan Bank1720 Call 1,500,000.003130AAAZ1 12/14/2026 3,3612.90012/14/2016 1,470,645.00 2.860 2.9001,500,000.00 Federal Home Loan Bank1724 Call 800,000.003130AAEX2 12/28/2021 1,5492.15012/28/2016 798,288.00 2.120 2.150800,000.00 Federal Home Loan Bank1727 1,000,000.003130AABG2 11/29/2021 1,5201.87512/16/2016 1,000,820.00 2.168 2.198987,249.78 Federal Home Loan Bank1741 Call 315,000.003130AAAZ1 12/14/2026 3,3612.90001/27/2017 308,835.45 3.008 3.050311,259.25 Federal Home Loan Bank1751 Call 325,000.003130A8HF3 09/23/2025 2,9142.44002/15/2017 317,333.25 2.836 2.875315,057.39 Federal Home Loan Bank1752 Call 250,000.003130A7C29 02/24/2026 3,0682.75002/15/2017 247,927.50 2.958 3.000245,429.21 Federal Home Loan Bank1763 1,910,000.003133XHRJ3 12/10/2021 1,5315.00003/10/2017 2,144,127.80 2.150 2.1802,123,315.77 Federal Home Loan Bank1780 1,000,000.00313378CR0 03/11/2022 1,6222.25004/12/2017 1,013,050.00 1.903 1.9301,013,485.59 Federal Home Loan Bank1823 Call 1,500,000.003130ABJW7 06/27/2024 2,4612.55006/27/2017 1,476,345.00 2.515 2.5501,500,000.00 Federal Home Loan Bank1847 Call 500,000.003130A7TA3 04/28/2023 2,0352.07009/18/2017 491,550.00 2.131 2.161497,615.45 Federal Home Loan Bank1860 Call 500,000.003130AAWE4 03/08/2022 1,6192.22009/28/2017 501,552.08 2.116 2.146501,552.08 Federal Home Loan Bank1861 Call 800,000.003130ABAF3 05/11/2027 3,5093.00009/29/2017 800,000.00 2.958 2.999800,000.00 Federal Home Loan Bank822 3,000,000.003133XUMS9 09/13/2019 7124.50008/12/2009 3,167,760.00 4.437 4.4993,000,000.00 Federal Home Loan Bank940 2,000,000.003133X0PF0 08/15/2018 3185.37502/17/2011 2,069,840.00 3.423 3.4702,029,025.80 Federal Home Loan Bank992 2,000,000.00313371ZX7 12/08/2017 682.62509/13/2011 2,005,320.00 1.526 1.5472,003,806.91 Fed. Home Loan Mortgage Corp.1036 1,500,000.003137EABA6 11/17/2017 475.12503/01/2012 1,507,590.00 1.227 1.2441,507,156.40 Fed. Home Loan Mortgage Corp.1106 1,500,000.003134G3A91 08/22/2019 6901.40008/22/2012 1,495,995.00 1.380 1.4001,500,000.00 Fed. Home Loan Mortgage Corp.1113 1,500,000.003134G3L73 12/26/2019 8161.50009/26/2012 1,497,060.00 1.479 1.5001,500,000.00 Fed. Home Loan Mortgage Corp.1153 1,500,000.003137EADP1 03/07/2018 1570.87502/11/2013 1,497,870.00 0.960 0.9731,499,377.71 Fed. Home Loan Mortgage Corp.1166 1,500,000.003137EADN6 01/12/2018 1030.75003/15/2013 1,498,245.00 0.948 0.9621,499,130.07 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 15 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Fed. Home Loan Mortgage Corp.1273 2,000,000.003134G45T1 12/10/2021 1,5312.00004/10/2014 2,001,160.00 2.564 2.6001,954,642.52 Fed. Home Loan Mortgage Corp.1277 1,000,000.003134G45T1 12/10/2021 1,5312.00004/22/2014 1,000,580.00 2.643 2.680974,366.77 Fed. Home Loan Mortgage Corp.1282 300,000.003134G3A91 08/22/2019 6901.40005/01/2014 299,199.00 1.914 1.941297,092.12 Fed. Home Loan Mortgage Corp.1286 300,000.003134G35V8 03/13/2020 8941.65005/02/2014 299,889.00 2.053 2.082297,021.84 Fed. Home Loan Mortgage Corp.1287 300,000.003134G3U40 11/21/2019 7811.45005/02/2014 299,100.00 1.938 1.965296,879.94 Fed. Home Loan Mortgage Corp.1291 1,000,000.003134G3K58 03/19/2020 9001.50005/06/2014 996,280.00 2.041 2.070986,820.79 Fed. Home Loan Mortgage Corp.1292 1,000,000.003134G44G0 05/22/2020 9641.50005/06/2014 995,420.00 2.091 2.120984,699.21 Fed. Home Loan Mortgage Corp.1301 1,000,000.003134G3L73 12/26/2019 8161.50005/13/2014 998,040.00 1.945 1.972990,051.90 Fed. Home Loan Mortgage Corp.1352 1,000,000.003134G43G1 05/07/2019 5831.20007/25/2014 994,880.00 1.765 1.790990,989.20 Fed. Home Loan Mortgage Corp.1678 Call 1,000,000.003134GAEF7 09/29/2021 1,4591.65009/29/2016 989,120.00 1.627 1.6501,000,000.00 Fed. Home Loan Mortgage Corp.1828 Call 1,500,000.003134GBNX6 05/28/2021 1,3352.00006/28/2017 1,495,665.00 1.969 1.9961,500,000.00 Fed. Home Loan Mortgage Corp.1835 Call 1,500,000.003134GBXU1 07/27/2022 1,7602.25007/27/2017 1,495,065.00 2.219 2.2501,500,000.00 Fed. Home Loan Mortgage Corp.1836 Call 1,000,000.003134GBXU1 07/27/2022 1,7602.25007/27/2017 996,710.00 2.219 2.2501,000,000.00 Fed. Home Loan Mortgage Corp.1837 Call 1,000,000.003134GBXU1 07/27/2022 1,7602.25007/27/2017 996,710.00 2.234 2.265999,276.67 Federal National Mortgage Asso1023 2,590,000.003136FPXN2 11/24/2017 542.30001/25/2012 2,594,403.00 1.406 1.4262,593,186.18 Federal National Mortgage Asso1035 2,000,000.0031398ALG5 01/23/2018 1144.37703/01/2012 2,018,140.00 1.388 1.4082,017,665.60 Federal National Mortgage Asso1048 2,000,000.003136G0AW1 10/16/2020 1,1112.35004/16/2012 2,036,920.00 2.317 2.3502,000,000.00 Federal National Mortgage Asso1059 2,000,000.003136G0DU2 04/30/2020 9422.00004/30/2012 2,012,940.00 1.972 2.0002,000,000.00 Federal National Mortgage Asso1061 1,500,000.003136G0EC1 04/30/2020 9422.05004/30/2012 1,513,770.00 2.021 2.0501,500,000.00 Federal National Mortgage Asso1066 2,000,000.003136G0FJ5 10/30/2020 1,1252.00004/30/2012 2,016,600.00 1.972 2.0002,000,000.00 Federal National Mortgage Asso1118 500,000.003136FPXN2 11/24/2017 542.30010/18/2012 500,850.00 0.927 0.940500,975.20 Federal National Mortgage Asso1149 1,500,000.003135G0TG8 02/08/2018 1300.87501/31/2013 1,498,005.00 1.019 1.0341,499,181.91 Federal National Mortgage Asso1174 1,500,000.003135G0WJ8 05/21/2018 2320.87504/15/2013 1,496,160.00 0.905 0.9171,499,597.88 Federal National Mortgage Asso1190 Call 1,000,000.003135G0XD0 05/21/2018 2321.00005/21/2013 997,150.00 0.996 1.010999,936.11 Federal National Mortgage Asso1191 Call 2,000,000.003135G0XA6 05/21/2018 2321.03005/21/2013 1,996,060.00 1.015 1.0302,000,000.00 Federal National Mortgage Asso1197 1,500,000.003135G0WJ8 05/21/2018 2320.87505/21/2013 1,496,160.00 0.986 1.0001,498,834.28 Federal National Mortgage Asso1210 Call 1,500,000.003135G0XK4 05/25/2018 2361.05005/30/2013 1,497,585.00 1.035 1.0501,500,000.00 Federal National Mortgage Asso1214 Call 1,500,000.003135G0XD0 05/21/2018 2321.00006/07/2013 1,495,725.00 1.262 1.2791,497,408.63 Federal National Mortgage Asso1268 1,500,000.003136FTR43 08/28/2020 1,0622.00004/08/2014 1,513,335.00 2.172 2.2021,491,799.26 Federal National Mortgage Asso1276 1,000,000.003136G0U58 04/30/2021 1,3071.75004/16/2014 999,270.00 2.364 2.397978,787.96 Federal National Mortgage Asso1288 250,000.003136G0M57 04/09/2021 1,2861.75005/02/2014 249,090.00 2.452 2.486244,073.86 Federal National Mortgage Asso1290 1,000,000.003136G0Y70 01/30/2019 4861.08005/05/2014 994,930.00 1.633 1.656992,656.27 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 16 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Federal Agency Issues - Coupon Federal National Mortgage Asso1315 1,200,000.003136G0YK1 08/28/2019 6961.50006/05/2014 1,198,704.00 1.815 1.8401,192,600.98 Federal National Mortgage Asso1317 1,000,000.003136G02P5 04/29/2019 5751.20006/12/2014 995,280.00 1.765 1.790991,122.53 Federal National Mortgage Asso1546 Call 1,000,000.003136G3AN5 03/16/2021 1,2621.50003/16/2016 996,490.00 1.978 2.0061,000,000.00 Federal National Mortgage Asso1654 1,000,000.003136G0EG2 04/23/2021 1,3002.28006/30/2016 1,014,410.00 1.171 1.1871,037,703.97 Federal National Mortgage Asso1669 Call 1,350,000.003136G3XZ3 07/28/2021 1,3961.50007/28/2016 1,325,187.00 1.505 1.5261,348,709.06 Federal National Mortgage Asso1687 Call 1,050,000.003136G36A8 09/27/2024 2,5532.00009/27/2016 1,014,069.00 1.972 2.0001,050,000.00 Federal National Mortgage Asso1715 500,000.0031364CCC0 04/30/2026 3,1337.12511/10/2016 666,130.00 2.367 2.400680,357.82 Tennessee Valley Authority1132 500,000.00880591EL2 02/15/2021 1,2333.87512/14/2012 533,080.00 1.596 1.618535,503.62 Tennessee Valley Authority1133 1,010,000.00880591EN8 08/15/2022 1,7791.87512/14/2012 1,004,677.30 1.893 1.9201,007,982.13 Tennessee Valley Authority1145 1,500,000.00880591EL2 02/15/2021 1,2333.87501/23/2013 1,599,240.00 1.647 1.6691,603,945.09 Tennessee Valley Authority1170 1,500,000.00880591EC2 04/01/2018 1824.50003/25/2013 1,523,835.00 0.913 0.9261,526,132.59 Tennessee Valley Authority1260 1,160,000.00880591EL2 02/15/2021 1,2333.87503/12/2014 1,236,745.60 2.427 2.4611,210,556.55 Tennessee Valley Authority1508 1,000,000.00880591CJ9 11/01/2025 2,9536.75011/20/2015 1,303,600.00 2.807 2.8461,273,097.93 Tennessee Valley Authority1519 750,000.00880591ER9 09/15/2024 2,5412.87501/15/2016 776,715.00 2.564 2.600762,754.75 Tennessee Valley Authority1589 775,000.00880591CJ9 11/01/2025 2,9536.75004/18/2016 1,010,290.00 2.337 2.3701,019,293.57 Tennessee Valley Authority1703 1,490,000.00880591EN8 08/15/2022 1,7791.87510/07/2016 1,482,147.70 1.538 1.5601,511,758.17 Tennessee Valley Authority1714 1,250,000.00880591CJ9 11/01/2025 2,9536.75011/10/2016 1,629,500.00 2.317 2.3501,648,717.73 Tennessee Valley Authority954 2,000,000.00880591CU4 12/15/2017 756.25005/23/2011 2,020,420.00 2.624 2.6612,013,455.34 Subtotal and Average 340,629,495.97 337,637,185.28 339,297,093.42 2.039 2.067 1,505 Treasury Securities - Coupon U.S. Treasury1201 TB 2,000,000.00912828UJ7 01/31/2018 1220.87505/16/2013 1,998,060.00 0.779 0.7902,000,553.82 U.S. Treasury1237 TB 2,000,000.00912828SD3 01/31/2019 4871.25001/07/2014 1,995,700.00 1.682 1.7051,988,400.84 U.S. Treasury1284 TB 1,500,000.00912828TH3 07/31/2019 6680.87505/02/2014 1,484,355.00 1.726 1.7501,477,145.46 U.S. Treasury1285 TB 1,500,000.00912828TN0 08/31/2019 6991.00005/02/2014 1,486,815.00 1.755 1.7801,478,732.73 U.S. Treasury1289 TB 1,500,000.00912828SX9 05/31/2019 6071.12505/05/2014 1,492,380.00 1.692 1.7161,485,942.44 U.S. Treasury1299 TB 1,500,000.00912828SX9 05/31/2019 6071.12505/13/2014 1,492,380.00 1.654 1.6771,486,845.83 U.S. Treasury1316 TB 1,500,000.00912828TC4 06/30/2019 6371.00006/10/2014 1,488,570.00 1.687 1.7111,482,247.75 U.S. Treasury1761 TB 1,500,000.00912828J43 02/28/2022 1,6111.75003/09/2017 1,492,620.00 2.071 2.1001,478,114.77 Subtotal and Average 12,877,983.64 13,000,000.00 12,930,880.00 1.599 1.621 649 Municipal Bonds Acalanes Union High School Dis1494 MUN 1,000,000.00004284B38 08/01/2021 1,4002.38110/30/2015 1,004,320.00 2.120 2.1501,008,276.00 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 17 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Municipal Bonds Antelope Valley Community Coll1790 MUN 220,000.0003667PFL1 08/01/2022 1,7652.60805/09/2017 221,511.40 2.266 2.298223,065.25 Burlingame School District1548 MUN 730,000.00121457EQ4 08/01/2025 2,8616.23802/24/2016 826,454.90 3.557 3.606856,572.43 Carlsbad Unified School Dist .1547 MUN 300,000.00142665DH8 08/01/2021 1,4004.58402/24/2016 323,562.00 2.130 2.159326,169.07 Carlsbad Unified School Dist .1556 MUN 1,250,000.00142665DH8 08/01/2021 1,4004.58403/04/2016 1,348,175.00 2.138 2.1681,358,524.80 Carlsbad Unified School Dist .1753 MUN 350,000.00142665DH8 08/01/2021 1,4004.58402/17/2017 377,489.00 2.317 2.350378,315.13 Carlsbad Unified School Dist .1857 MUN 305,000.00142665DJ4 08/01/2026 3,2265.23409/27/2017 349,026.75 2.850 2.890360,361.06 Cerritos Community College Dis1523 MUN 500,000.00156792GV9 08/01/2021 1,4002.78101/27/2016 507,610.00 2.012 2.040513,365.27 Fremon Union High School Distr1646 MUN 525,000.00357172VA0 02/01/2026 3,0456.08006/28/2016 625,343.25 2.994 3.035641,311.90 State of Georgia1613 MUN 500,000.00373384RU2 10/01/2022 1,8263.57005/17/2016 529,565.00 1.878 1.904539,138.62 State of Georgia1645 MUN 365,000.00373384W69 02/01/2023 1,9493.25006/27/2016 381,425.00 1.898 1.925389,108.82 State of Georgia1666 MUN 1,825,000.003733844V5 02/01/2025 2,6802.37507/29/2016 1,798,957.25 1.972 1.9991,870,929.92 State of Georgia1691 MUN 385,000.00373384RU2 10/01/2022 1,8263.57009/26/2016 407,765.05 1.630 1.653420,046.91 State of Georgia1775 MUN 250,000.00373384RX6 10/01/2025 2,9224.00004/10/2017 275,060.00 2.739 2.777271,659.00 State of Hawaii1685 MUN 1,045,000.00419792DA1 10/01/2026 3,2873.15010/19/2016 1,049,556.20 2.431 2.4651,101,779.73 State of Hawaii1852 MUN 225,000.00419791YP7 02/01/2022 1,5844.80009/21/2017 247,864.50 2.071 2.100250,023.84 City of Los Angeles1748 MUN 1,000,000.00544351KS7 09/01/2023 2,1612.64002/14/2017 1,008,860.00 2.784 2.8231,001,608.57 State of Maryland1689 MUN 485,000.005741925C0 03/01/2022 1,6124.30009/16/2016 528,868.25 1.534 1.555541,272.37 State of Maryland1762 MUN 1,000,000.00574193NC8 03/15/2022 1,6262.25003/22/2017 1,004,320.00 2.219 2.2501,000,000.00 Mtn. View-Whisman School Dist.1348 MUN 500,000.0062451FFK1 08/01/2021 1,4002.97307/24/2014 510,550.00 2.893 2.933503,860.94 Marin Community College Dist.1858 MUN 500,000.0056781RGU5 08/01/2027 3,5913.27209/28/2017 513,950.00 2.791 2.830518,839.03 Mt. San Antonio Community Coll1489 MUN 1,335,000.00623040GX4 08/01/2023 2,1304.10310/26/2015 1,433,282.70 2.490 2.5251,445,926.32 State of Ohio1550 MUN 1,500,000.00677522HZ0 05/01/2021 1,3081.57003/09/2016 1,466,520.00 1.548 1.5691,500,000.00 State of Ohio1688 MUN 800,000.00677522JB1 05/01/2023 2,0382.11009/13/2016 787,616.00 1.764 1.788813,467.34 State of Ohio1742 MUN 2,000,000.00677522JB1 05/01/2023 2,0382.11001/31/2017 1,969,040.00 2.485 2.5201,957,852.53 State of Ohio1832 MUN 900,000.006775207G7 04/01/2024 2,3744.97106/30/2017 1,029,789.00 2.416 2.4501,035,127.06 State of Oregon1682 MUN 570,000.0068609BGH4 05/01/2022 1,6732.50008/29/2016 576,976.80 1.528 1.550593,664.49 Palo Alto Unified School Dist.1192 MUN 2,000,000.00697379UE3 08/01/2021 1,4002.44105/10/2013 2,020,340.00 2.031 2.0602,026,723.81 Palo Alto Unified School Dist.1193 MUN 1,800,000.00697379UE3 08/01/2021 1,4002.44105/13/2013 1,818,306.00 2.031 2.0601,824,050.63 Palo Alto Unified School Dist.1195 MUN 1,990,000.00697379UE3 08/01/2021 1,4002.44105/15/2013 2,010,238.30 2.051 2.0802,015,176.60 Palo Alto Unified School Dist.1437 MUN 200,000.00697379UE3 08/01/2021 1,4002.44101/27/2015 202,034.00 2.041 2.070202,646.96 Palo Alto Unified School Dist.1610 MUN 1,000,000.00697379UE3 08/01/2021 1,4002.44105/12/2016 1,010,170.00 1.528 1.5501,032,674.93 Palo Alto Unified School Dist.1684 MUN 600,000.00697379UD5 08/01/2020 1,0352.29109/02/2016 606,306.00 1.290 1.308616,236.03 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 18 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Municipal Bonds City & County of San Francisco1441 MUN 360,000.00797646NL6 06/15/2022 1,7184.95002/09/2015 398,268.00 2.416 2.450398,533.31 City & County of San Francisco1509 MUN 1,000,000.00797646NC6 06/15/2025 2,8145.45011/27/2015 1,176,750.00 3.067 3.1101,154,950.25 City & County of San Francisco1711 MUN 2,105,000.00797646T48 06/15/2025 2,8142.29011/01/2016 2,025,367.85 2.219 2.2492,110,831.75 City & County of San Francisco1712 MUN 245,000.00797646T55 06/15/2026 3,1792.39011/01/2016 234,031.35 2.376 2.410244,616.53 City & County of San Francisco1839 MUN 230,000.00797646T48 06/15/2025 2,8142.29007/14/2017 221,299.10 2.682 2.720223,181.18 San Jose Unified School Dist.1435 MUN 580,000.00798186C83 08/01/2023 2,1302.50001/29/2015 574,130.40 2.663 2.700573,989.56 San Mateo Union High School Dt1516 MUN 245,000.00799017KT4 09/01/2019 7002.19301/08/2016 246,876.70 1.775 1.800246,776.76 San Mateo Union High School Dt1518 MUN 180,000.00799017KV9 09/01/2021 1,4312.72001/19/2016 182,701.80 2.046 2.075184,268.91 State of Tennessee1673 MUN 1,000,000.00880541XY8 08/01/2026 3,2262.11608/25/2016 955,990.00 1.923 1.9501,013,258.89 State of Tennessee1674 MUN 1,650,000.00880541XX0 08/01/2025 2,8612.06608/25/2016 1,589,775.00 1.893 1.9201,667,244.91 State of Tennessee1676 MUN 700,000.00880541XX0 08/01/2025 2,8612.06608/25/2016 674,450.00 1.893 1.920707,316.02 State of Texas1482 MUN 920,000.00882723PP8 10/01/2021 1,4612.58910/14/2015 935,750.40 1.864 1.890944,212.93 State of Texas1586 MUN 1,000,000.00882722KA8 10/01/2023 2,1915.64304/19/2016 1,071,510.00 3.339 3.3851,118,800.00 State of Texas1592 MUN 235,000.00882722JZ5 10/01/2022 1,8265.50304/21/2016 251,546.35 3.047 3.090260,525.86 State of Texas1621 MUN 500,000.00882723A41 10/01/2020 1,0961.77706/07/2016 497,380.00 1.450 1.470504,440.93 State of Texas1625 MUN 485,000.00882722KC4 10/01/2025 2,9225.91306/09/2016 521,927.90 3.831 3.885550,468.75 State of Texas1708 MUN 110,000.00882722VJ7 04/01/2022 1,6433.67310/19/2016 116,202.90 1.825 1.850118,544.88 State of Texas1855 MUN 250,000.00882723EN5 08/01/2025 2,8613.83209/22/2017 261,325.00 2.747 2.785268,279.16 University of California1340 MUN 1,875,000.0091412GSB2 07/01/2019 6381.79607/14/2014 1,875,768.75 2.007 2.0351,867,570.09 University of California1356 MUN 425,000.0091412GGU3 05/15/2020 9573.34807/31/2014 440,504.00 2.281 2.313435,732.68 University of California1368 MUN 250,000.0091412GGT6 05/15/2019 5913.04808/08/2014 255,687.50 1.982 2.010253,993.10 University of California1383 MUN 955,000.0091412GSB2 07/01/2019 6381.79608/27/2014 955,391.55 1.972 2.000951,757.16 University of California1414 MUN 750,000.0091412GSB2 07/01/2019 6381.79611/28/2014 750,307.50 1.923 1.950748,073.41 University of California1420 MUN 1,500,000.0091412GSB2 07/01/2019 6381.79612/12/2014 1,500,615.00 1.943 1.9701,495,646.89 University of California1481 MUN 260,000.0091412GQB4 05/15/2020 9571.99510/08/2015 260,548.60 1.824 1.850260,942.06 State of Utah1622 MUN 750,000.00917542QT2 07/01/2020 1,0043.28906/07/2016 778,192.50 1.430 1.450786,698.98 State of Utah1731 MUN 770,000.00917542QR6 07/01/2024 2,4654.55401/04/2017 844,736.20 2.904 2.944844,559.55 State of Vermont1456 MUN 2,000,000.00924258TT3 08/15/2023 2,1444.25008/06/2015 2,052,540.00 3.275 3.3202,095,097.07 State of Washington1672 MUN 250,000.0093974DHW1 08/01/2022 1,7652.74008/08/2016 256,315.00 1.504 1.524263,978.98 State of Washington1721 MUN 515,000.0093974CPH7 08/01/2022 1,7654.63612/05/2016 570,789.95 2.465 2.500564,281.10 State of Washington1778 MUN 1,500,000.0093974CPG9 08/01/2021 1,4004.58604/12/2017 1,638,030.00 2.081 2.1101,635,371.85 State of Washington1802 MUN 485,000.0093974CRC6 08/01/2024 2,4964.66905/23/2017 548,748.40 2.416 2.450552,035.81 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a September 30, 2017 Par Value Days To Maturity Maturity Date Current RateMarket Value Fund ALL - Portfolio Listings Investments by Fund Page 19 CUSIP Investment #Issuer Purchase Date Book Value YTM 360 YTM 365 Municipal Bonds West Valley-Mission Community1479 MUN 250,000.0095640HBT4 08/01/2024 2,4966.09010/01/2015 269,202.50 4.030 4.086278,469.86 Subtotal and Average 54,462,224.53 52,285,000.00 53,703,512.55 2.251 2.283 1,889 Total Investments and Average 497,285,101.14 491,941,294.94 495,204,398.82 1.973 2.001 1,411 Portfolio CPA AP Run Date: 10/30/2017 - 13:46 FI (PRF_FI) 7.1.1 Report Ver. 7.3.3a 1 General Investment Guidelines: a) The max. stated final maturity of individual securities in the portfolio should be 10 years.Full Compliance b) A max. of 30 percent of the par value of the portfolio shall be invested in securities with maturities beyond 5 years. (See staff report for explanation of actual percentage limit overage)30.50% c) The City shall maintain a minimum of one month's cash needs in short term investments.Full Compliance d) At least $50 million shall be maintained in securities maturing in less than 2 years. Plus two managed pool accounts which provide instant liquidity: - Local Agency Investment Fund (LAIF) - maximum investment limit is $65 million $18.2 million - Fidelity Investments e) Should market value of the portfolio fall below 95 percent of the book value, report this fact within a reasonable time to the City Council and evaluate if there are risk of holding securities to maturity.99.58% d) Commitments to purchase securities newly introduced on the market shall be made no more than three (3) working days before pricing.Full Compliance f) Whenever possible, the City will obtain three or more quotations on the purchase or sale of comparable securities (excludes new issues, LAIF, City of Palo Alto bonds, money market accounts, and mutual funds).Full Compliance 2 U.S. Government Securities:Full Compliance a) There is no limit on purchase of these securities. b) Securities will not exceed 10 years maturity. 3 U.S. Government Agency Securities:Full Compliance a) There is no limit on purchase of these securities except for: Callable and Multi-step-up securities provided that: - The potential call dates are known at the time of purchase;Full Compliance - the interest rates at which they "step-up" are known at the time of purchase; and Full Compliance - the entire face value of the security is redeemed at the call date.Full Compliance - No more than 25 percent of the par value of portfolio.23.81% b) Securities will not exceed 10 years maturity. 4 Bonds of the State of California Local Government Agencies Full Compliance a)Having at time of investment a minimum Double A (AA/AA2) rating as provided by a nationally 10.63% recognized rating service (e.g., Moody’s and/or Standard and Poor’s). b)May not exceed 20 percent of the par value of the portfolio. 5 Certificates of Deposit:Full Compliance a) May not exceed 20 percent of the par value of the portfolio; b) No more than 10 percent of the par value of the portfolio in collateralized CDs in any institution. c) Purchase collateralized deposits only from federally insured large banks that are rated by a nationally recognized rating agency (e.g. Moody's, Standard & Poor's, etc.). d) For non-rated banks, deposit should be limited to amounts federally insured (FDIC) e) Rollovers are not permitted without specific instruction from authorized City staff. 6 Banker's Acceptance Notes:None Held a) No more than 30 percent of the par value of the portfolio. b) Not to exceed 180 days maturity. c) No more than $5 million with any one institution. $145.7 million $3.8 million 2.64% Attachment C Investment Policy Compliance As of September 30, 2017 Investment Policy Requirements Compliance Check Attachment C Investment Policy Compliance As of September 30, 2017 Investment Policy Requirements Compliance Check 7 Commercial Paper:None Held a) No more than 15 percent of the par value of the portfolio. b) Having highest letter or numerical rating from a nationally recognized rating service. c) Not to exceed 270 days maturity. d) No more than $3 million or 10 percent of the outstanding commercial paper of any one institution, whichever is lesser. 8 Short-Term Repurchase Agreement (REPO):None Held a) Not to exceed 1 year. b) Market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities. 9 Money Market Deposit Accounts Full Compliance a) Liquid bank accounts which seek to maintain a net asset value of $1.00. 10 Mutual Funds:None Held a) No more than 20 percent of the par value of the portfolio. b) No more than 10 percent of the par value with any one institution. 11 Negotiable Certificates of Deposit (NCD):Full Compliance a) No more than 10 percent of the par value of the portfolio.9.84% b) No more than $5 million in any one institution.FDIC Insured 12 Medium-Term Corporate Notes:Full Compliance a) No more than 10 percent of the par value of the portfolio.3.76% b) Not to exceed 5 years maturity. c) Securities eligible for investment shall have a minimum rating of AA from a nationally recognized rating service. d) No more than $5 million of the par value may be invested in securities of any single issuer, other than the U.S. Government, its agencies and instrumentality. e) If securities owned by the City are downgraded by either rating agencies to a level below AA it shall be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities. 13 Prohibited Investments: a) Reverse Repurchase Agreements b) Derivatives as defined in Appendix B of the Investment Policy 14 All securities shall be delivered to the City's safekeeping custodian, and held in the name of the City, with the exception of : - Certificates of Deposit, Mutual Funds, and LAIF Full Compliance None Held Full Compliance