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Home My WebLink About2021-03-08 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 ON THE CITY OF PALO ALTO’S WEBSITE. Monday, March 8, 2021 Special Meeting 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. ***BY VIRTUAL TELECONFERENCE ONLY*** CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. To ensure participation in a particular item, we suggest calling in or connecting online 15 minutes before the item you wish to speak on. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Special Orders of the Day 5:00-5:15 PM 1. Proclamation Honoring Monique LeConge Ziesenhenne on her Retirement Agenda Changes, Additions and Deletions Oral Communications 5:15-5:30 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. 2 March 8, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE. Minutes Approval 5:30-5:35 PM 2.Approval of Action Minutes for the February 22, 2021 City Council Meeting. Consent Calendar 5:35-5:40 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 3.Approval of Contract Number C21178333 With Black & Veatch in an Amount Not-to-Exceed $3,182,960 to Provide Design Services for the Advanced Water Purification System (AWPS) at the Regional Water Quality Control Plant - Wastewater Treatment Fund Capital Improvement Program Project (WQ-19003) 4.Approval of an Exemption to Competitive Solicitation Requirements for Contract Number C14151181 With SAP Public Service, Inc.; and Approval of an Amendment to Contract Number C14151181 With SAP Public Service, Inc. to Extend the Term for Five-years for Maintenance and Support of the ERP System for a Total Not-to-Exceed Amount of $1,586,512 and Approximately $317,300 Annually 5.Adoption of a Park Improvement Ordinance for Renovations at Ramos Park City Manager Comments 5:40-5:50 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 5:50-6:45 PM 6.SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits (CUP) for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7-0) (Continued From February 22, 2021) 6:45-9:45 PM 7.PUBLIC HEARING/QUASI JUDICIAL: 1310 Bryant Street (Castilleja): Consideration of Certification of an Environmental Impact Report (EIR) and Applications for a Conditional Use Permit (CUP) Amendment to Increase the Student Enrollment up to 540 Students; a Variance to Replace Campus Gross Floor Area; and Architectural Review of Campus Redevelopment. On March 8, 2021, the Council Will Receive Presentations and Public Testimony; the Item Will be Continued to Memo Q&A Q&A Q&A Memo Public Comment Presentation Public Comment Presentation 3 March 8, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE. March 15, 2021 for Council Deliberation and Action - No Public Testimony Will be Heard on March 15, 2021. Zone District: R-1 (10,000). Environmental Review: Final Environmental Impact Report (EIR) Published July 30, 2020; Draft EIR Published July 15, 2019 9:45-10:45 PM 8.PUBLIC HEARING: Finance Committee Recommends the City Council Approve the Park, Community, and Library Development Impact Fee Justification Study; Approve Adjustments to Park, Community Center, and Library Development Impact Fees; Adopt an Ordinance Updating Park Land In-lieu fees; and Direct Staff to Implement the Impact Fee Updates With the Fiscal Year 2022 Budget 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. Public Comment Presentation 4 March 8, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE. Additional Information Informational Report City of Palo Alto Sales Tax Digest Summary for the Third (Calendar) Quarter of 2020 (July-September) Informational Update on the Status and Next Steps for the Overhead Line Project (Project EL-21001) for the Palo Alto Foothills Rebuild Council and Standing Committee Meetings Policy and Services Committee Meeting Special City Council Meeting-Interviews Council Appointed Officers Committee Meeting March 9, 2021 March 10, 2021 March 10, 2021 Schedule of Meetings Schedule of Meetings Public Letters to Council Set 1 Set 2 5 March 8, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO’S WEBSITE. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 CITY OF PALO ALTO OFFICE OF THE CITY CLERK March 8, 2021 The Honorable City Council Palo Alto, California Proclamation Honoring Dr. Monique le Conge Ziesenhenne on her Retirement. ATTACHMENTS: • Attachment A: Dr. Monique le Conge Ziesenhenne Proclamation (PDF) Department Head: Beth Minor, City Clerk Page 2 Proclamation __________________________ Tom DuBois Mayor HONORING DR. MONIQUE LE CONGE ZIESENHENNE ON THE OCCASION OF HER RETIREMENT WHEREAS, Dr. Monique le Conge Ziesenhenne has served the City of Palo Alto through several executive leadership roles over the past decade, including most recently as the City’s Assistant City Manager since 2019, previously the City’s library director since 2011, and in 2018 as the City’s interim director of libraries and community services; and WHEREAS, Dr. Ziesenhenne managed the completion of Palo Alto’s Library Bond Program, activating these new spaces for the community with multi-lingual and multi-generational programming and innovative technology such as robots and makerspaces, always keeping the community and the staff involved; and then used this broad operational experience to improve strategic planning and create collaboration and communication within the City, particularly during the management of Citywide programs during the COVID-19 pandemic; WHEREAS, Dr. Ziesenhenne’s service to the Palo Alto community has capped her thirty-year career in local government, during which she led library and cultural services for the City of Richmond, and previously held library services roles in Benicia and Solano County as well as serving as a consultant supporting local libraries throughout California; and WHEREAS, Dr. Ziesenhenne has also served in leadership roles at the statewide and national level, as a past president of both the California Library Association and Public Library Association, as well an adjunct faculty member at San Jose State University School of Library and Information Studies, a mentor for the Eureka! Library Leadership Institute and is a chief executive fellow for National Arts Strategies. NOW, THEREFORE, I, Tom DuBois, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby recognize Dr. Monique le Conge Ziesenhenne on the occasion of her retirement from the City of Palo Alto, and wish her a wonderful next chapter in her personal and professional exploits now and into the future. PRESENTED: March 8, 2021 CITY OF PALO ALTO OFFICE OF THE CITY CLERK March 8, 2021 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the February 22, 2021 City Council Meeting. Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 02-22-21 CCM DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting February 22, 2021 The City Council of the City of Palo Alto met on this date in virtual teleconference at 5:01 P.M. Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka Absent: Special Orders of the Day 1. Palo Alto Community Fund Presentation. NO ACTION TAKEN Closed Session 2. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: Miriam Green v. City of Palo Alto Santa Clara County Superior Court Case No. 16CV300760 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1). MOTION: Council Member Cormack moved, seconded by Council Member Kou to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:17 P.M. Council returned from Closed Session at 6:21 P.M. Mayor DuBois announced no reportable action. Study Session 3. Status Report on 2021 Sustainability and Climate Action Plan (S/CAP) Development and Engagement. NO ACTION TAKEN DRAFT ACTION MINUTES Page 2 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 Agenda Changes, Additions and Deletions Mayor DuBois announced Agenda Item Number 7 is being continued to March 8, 2021. Council took a break at 8:05 P.M. and returned at 8:10 P.M. Minutes Approval 4. Approval of Action Minutes for the February 01, 2021 City Council Meeting. MOTION: Council Member Cormack moved, seconded by Mayor DuBois to approve the Action Minutes for the February 01, 2021 City Council Meeting. MOTION PASSED: 7-0 Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 5. MOTION: Council Member Filseth moved, seconded by Council Member Kou to approve Agenda Item Numbers 5-6. 5. Approval of an Agreement With Utilities Management and Professional Association of Palo Alto (UMPAPA) for Payments to Current and Former Employees Totaling $1,860,900 to Comply the With Public Employees Relations Board (PERB) Decision Number 2664-M; and Adoption of an Agreement Extending the Memorandum of Agreement Between the City and UMPAPA for One-year. 6. Resolution 9944 Entitled, “Resolution of the Council of the City of Palo Alto Scheduling the City Council Summer Break and Winter Closure for 2021”. MOTION PASSED FOR AGENDA ITEM NUMBER 5: 6-1 Tanaka no MOTION PASSED FOR AGENDA ITEM NUMBER 6: 7-0 Action Items 7. SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Permits for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption DRAFT ACTION MINUTES Page 3 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7 -0) (Continued From January 25, 2021). THIS ITEM IS CONTINUED TO MARCH 8, 2021 8. Adoption of an Ordinance Changing the Name of Foothills Park to Foothills Nature Preserve; and Adoption of Emergency Ordinance 5516 Entitled “Amending the Municipal Fee Schedule to add Annual Vehicle Entrance Fees and Adjust Attendance Limits at Foothills Park” and Regular Ordinance to add Annual Vehicle Entrance Fees and Adjust Attendance Limits at Foothills Park. MOTION: Vice Mayor Burt moved, seconded by Council Member Stone to: A. Adopt a Regular Ordinance to: i. Change the name of Foothills Park to Foothills Nature Preserve; ii. Amend the Municipal Fee Schedule to add annual vehicle entrance fees for Foothills Park, including the following: a. Fees for veterans, low-income visitors, and students are waived; iii. Amend the Palo Alto Municipal Code (PAMC) Section 22.04.150(k) to authorize the City Manager to adjust attendance limits at Foothills Park- 300 people/120 vehicles not to exceed 650 people/260 vehicles at any one time. Subsection (k)(1) shall read as follows instead of as originally proposed: The City Manager or designee may establish a capacity limit in the range of 300 people to 650 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of preserve users; to protect the natural resources in the preserve; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non-residents in setting any limits under this subsection. B. Adopt an Emergency Ordinance to: i. Amend the Municipal Fee Schedule to add annual vehicle entrance fees for Foothills Park, including the following: a. Fees for veterans, low-income visitors, and students are waived; DRAFT ACTION MINUTES Page 4 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 ii. Amend the Palo Alto Municipal Code (PAMC) Section 22.04.150(k) to authorize the City Manager to adjust attendance limits at Foothills Park- 300 people/120 vehicles not to exceed 650 people/260 vehicles at any one time. Subsection (k)(1) shall read as follows instead of as originally proposed: The City Manager or designee may establish a capacity limit in the range of 300 people to 650 people at Foothills Park in order to protect the health, safety, and welfare of park users; to protect the natural resources in the park; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non-residents in setting any limits under this subsection. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct the Parks and Recreation Commission to provide an update to Council in August 2021.” INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Parts A ii. and B. i. that fees are waived for persons with disabilities. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B. ii. to not count persons with disabilities toward the attendance limits. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change the Motion Parts A ii. and B. i. to state “student drivers.” MOTION AS AMENDED: Vice Mayor Burt moved, seconded by Council Member Stone to: A. Adopt a Regular Ordinance to: i. Change the name of Foothills Park to Foothills Nature Preserve; ii. Amend the Municipal Fee Schedule to add annual vehicle entrance fees for Foothills Park, including the following: a. Fees for veterans, low-income visitors, student drivers, and persons with disabilities are waived; DRAFT ACTION MINUTES Page 5 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 iii. Amend the Palo Alto Municipal Code (PAMC) Section 22.04.150(k) to authorize the City Manager to adjust attendance limits at Foothills Park- 300 people/120 vehicles not to exceed 650 people/260 vehicles at any one time. Subsection (k)(1) shall read as follows instead of as originally proposed: The City Manager or designee may establish a capacity limit in the range of 300 people to 650 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of preserve users; to protect the natural resources in the preserve; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non-residents in setting any limits under this subsection; a. To also include the change to not count persons with disabilities toward the attendance limits B. Adopt an Emergency Ordinance to: i. Amend the Municipal Fee Schedule to add annual vehicle entrance fees for Foothills Park, including the following: a. Fees for veterans, low-income visitors, student drivers, and persons with disabilities are waived; ii. Amend the Palo Alto Municipal Code (PAMC) Section 22.04.150(k) to authorize the City Manager to adjust attendance limits at Foothills Park- 300 people/120 vehicles not to exceed 650 people/260 vehicles at any one time. Subsection (k)(1) shall read as follows instead of as originally proposed: The City Manager or designee may establish a capacity limit in the range of 300 people to 650 people at Foothills Park in order to protect the health, safety, and welfare of park users; to protect the natural resources in the park; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non-residents in setting any limits under this subsection; a. To not count persons with disabilities toward the attendance limits; and C. Direct the Parks and Recreation Commission to provide an update to Council in August 2021. DRAFT ACTION MINUTES Page 6 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION AS AMENDED PART B PASSED: 7-0 MOTION AS AMENDED PART A PASSED: 7-0 MOTION AS AMENDED PART C PASSED: 7-0 9. Approval of License Plate Reader (LPR) Surveillance Use Policy and Approval of Amendment Number 1 to Contract Number C18172676 With Duncan Solutions to add $140,000, for a new Not-to-Exceed Amount of $767,000 for License Plate Recognition Implementation in Parking Enforcement. MOTION: Mayor DuBois moved, seconded by Council Member Tanaka to: A. Approve Amendment Number One to Contract number C19171363 with Professional Account Management LLC, dba Duncan Solutions (serving the Residential Preferential Parking Program, and previously procured), to add Automatic License Plate Recognition (ALPR) technology to Office of Transportation parking management efforts and add $140,000 to the total contract amount; and B. Approve the Automatic License Plate Recognition (ALPR) surveillance policy and use of ALPR technology for parking management uses including enforcement, parking time and permit tracking, and related parking data analysis. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion Part B. “…and add to the policy the purpose of reducing RPP employee permits issued in the neighborhoods consistent with previous Council direction. MOTION AS AMENDED: Mayor DuBois moved, seconded by Council Member Tanaka to: A. Approve Amendment Number One to Contract number C19171363 with Professional Account Management LLC, dba Duncan Solutions (serving the Residential Preferential Parking Program, and previously procured), to add Automatic License Plate Recognition (ALPR) technology to Office of Transportation parking management efforts and add $140,000 to the total contract amount; and B. Approve the Automatic License Plate Recognition (ALPR) surveillance policy and use of ALPR technology for parking management uses DRAFT ACTION MINUTES Page 7 of 7 Sp. City Council Meeting Draft Action Minutes: 02/22/2021 including enforcement, parking time and permit tracking, and related parking data analysis; and add to the policy the purpose of reducing RPP employee permits issued in the neighborhoods consistent with previous Council direction. MOTION AS AMENDED PASSED: 7-0 Adjournment: The meeting was adjourned at 11:39 P.M. City of Palo Alto (ID # 11782) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Contract Approval for Design of Advanced Water Purification System Project at RWQCP Title: Approval of Contract Number C21178333 With Black & Veatch in an Amount Not-to-Exceed $3,182,960 to Provide Design Services for the Advanced Water Puri fication System (AWPS) at the Regional Water Quality Control Plant - Wastewater Treatment Fund Capital Improvement Program Project WQ-19003 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Black and Veatch Corporation (Attachment A) in an amount not to exceed $3,182,960 for the design services for an Advanced Water Purification System (AWPS) funded by the Agreement to Advance Resilient Water Reuse Programs in Santa Clara County and by the Wastewater Treatment Advanced Water Purification Facility Capital Improvement Program project (WQ-19003). The contract amount includes $2,893,600 for basic services and $289,360 for related, additional but unforeseen work that may develop during the project. Executive Summary The City of Palo Alto currently supplies tertiary-treated recycled water to the City of Mountain View, several City-owned parks and facilities, Caltrans, and a commercial truck-fill standpipe at the Regional Water Quality Control Plant (RWQCP). To expand the use of recycled water to include cooling towers and irrigation of salt-sensitive vegetation, it is desirable to reduce the total dissolved solids (TDS) concentration to approximately 450 parts per million (ppm). To this end, the City of Palo Alto in collaboration with the City of Mountain View (Mountain View) and the Santa Clara Valley Water District (Valley Water) prepared a Feasibility Study that identified an advanced water purification system (AWPS) as the TDS reduction treatment technology followed by a Preliminary Design Report for a local salt removal facility to be located in the RWQCP. In December 2019, the three agencies signed an Agreement to Advance Resilient Water Reuse Programs in Santa Clara County (Funding Agreement) (Staff Report ID#10627). CITY OF PALO ALTO City of Palo Alto Page 2 One of the key elements of this Funding Agreement is the design and construction of a small salt removal facility (AWPS) at the RWQCP in Palo Alto. Palo Alto is now moving forward with the detailed design of this facility. The facility will be an AWPS consisting of micro - or ultra- filtration followed by reverse osmosis. The AWPS will provide 1.125 million gallons per day (MGD) of low-salt product water that will be blended with current recycled water to provide enhanced recycled water with a TDS level between 400 and 500 ppm. Background The RWQCP treats wastewater from a total of six communities. The RWQCP also supplies tertiary-treated recycled water to the City of Mountain View, several City-owned parks and facilities, Caltrans, and a commercial truck-fill standpipe at the RWQCP. The RWQCP produces approximately 230 million gallons per year of tertiary-treated recycled water. Following public concerns regarding the irrigation of redwood trees and sensitive species with recycled water, the City prepared an Environmental Impact Report (EIR) focused on water quality issues and salinity impacts. On January 25, 2010, Council approved the Recycled Water Salinity Reduction Policy (Staff Report ID#111:10, Resolution 9035), including a goal of reducing the recycled water TDS to 600 ppm. Since that time, the RWQCP and partner agencies have taken steps to reduce salinity intrusion into the sewer system. Severe drought conditions in the state have raised awareness of the importance of recycled water. In 2015, the City completed and certified a new EIR (Staff Report ID#5962) for the proposed recycled water distribution pipeline extension to south Palo Alto, also referred to as the Phase III expansion project. The Phase III expansion project, identified as a feasible project in the 2008 Recycled Water Plan, would deliver recycled water to the Stanford Research Park. The EIR included a mitigation measure to treat and reduce the recycled water salinity prior to use. In March 2016, Council approved a contract with MNS Engineers and GHD along with an Agreement for Palo Alto staff to collaborate with Valley Water and the City of Mountain View (Staff Report ID#6458) on a Feasibility Study that evaluated salt reduction technologies, facility sizing, siting, and preliminary cost estimates. The Final Advanced Water Purification System Feasibility Study, completed in May 2017, recommended an advanced water purification system (AWPS) with micro- or ultra-filtration followed by reverse osmosis as the TDS reduction treatment technology. To meet short- and long-term recycled water demands, the Feasibility Study recommended an AWPS Facility that could be constructed in two phases: Phase 1 would consist of an AWPS sized to provide 1.125 MGD of low-salt product water (the project which is the subject of this Staff Report) while Phase 2 would expand upon Phase 1 infrastructure to provide 2.25 MGD of low-salt product water. Product water from Phase 1 and Phase 2 would be blended with the currently produced recycled water to provide 2 and 4 MGD of enhan ced recycled water, respectively, that would have TDS concentrations between 400 and 500 ppm. A Preliminary Conceptual Design Report for the phased AWPS was completed in December 2017. City of Palo Alto Page 3 In December 2019, the City of Palo Alto, the City of Mountain View , and Valley Water signed an Agreement to Advance Resilient Water Reuse Programs in Santa Clara County (Staff Report ID# 10627). The first part of the Agreement concerns the funding of a small salt-removal plant (i.e., the AWPS) at the RWQCP to upgrade the quality of the current recycled water, mainly used for irrigation in Mountain View and Palo Alto. The highly treated water would also enable Palo Alto to expand its non-potable distribution system and/or provide a first step toward small-scale potable water production for direct or indirect potable reuse in Palo Alto. After the Funding Agreement was signed, Palo Alto proceeded with a Request for Proposals to design the local salt removal facility. Overall, the local salt removal project is anticipated to cost approximately $20 million in 2017 dollars based on the cost estimate presented in the December 2017 Preliminary Design Report. According to the first section of the funding Agreement for this project, Valley Water will contribute $16,000,000 (Staff Report ID #10627). Any of the remaining balance will be split between Palo Alto and Mountain View (25% and 75%, respectively). Based on current anticipated costs of $20 million, Palo Alto’s anticipated cost share is approximately $1,000,000 and Mountain View’s anticipated cost share is approximately $3,000,000. In addition to the project cost share, Valley Water will pay $100,000 per year (for up to 10 years) as an effluent transfer option payment to offset the AWPS operating and maintenance costs as well as an additional $100,000 per year to compensate other RWQCP partners that commit effluent to a future transfer. Discussion To expand the use of recycled water to include cooling towers and irrigation of salt -sensitive vegetation, an advanced water purification facility is required to reduce the recycled water TDS concentration to the City Council goal of 450 +/- 50 ppm. This Project will include the design and construction of a 1.125 MGD capacity facility plus ancillary infrastructure to accommodate a future expansion to produce 2.25 MGD of permeate in a subsequent construction phase. Scope of Services Description The Consultant will provide engineering services to design the AWPS, and will also provide construction bid period services, engineering services during construction , and support during commissioning and start-up. The work to be performed under this design services contract includes: • Developing a construction bid package containing the detailed design of a 1.125 MGD permeate AWPS with building space to accommodate future expansion, storage tank, and blending station; • Developing a construction bid package containing the detailed design of a new odor control system; • Upon approval of Project Partners, developing a construction bid package for the 2.25 MGD permeate expansion; • Providing permitting support with City, local, and state agencies; and City of Palo Alto Page 4 • Providing engineering services during construction, start-up, and commissioning of the AWPS and ancillary systems. Scope of Solicitation Process On May 7, 2020, the City posted a Request for Proposals (RFP) notice through Planet Bids for Design Services for an Advanced Water Purification System (CIP WQ-19003). A total of 42 design firms, vendors, and contractors downloaded the RFP documents and attachments related to the Project through Planet Bids. The solicitation period was 40 days. On June 16, 2020, proposals were received from eight qualified design firms: Black & Veatch Corporation, Brown and Caldwell, Carollo Engineers, CDM Smith , Kennedy/Jenks Consultants, Stantec Consulting Services, Trussell Technologies, and West Yost Associates. City of Palo Alto Page 5 Proposal Title/Number Design Services for an Advanced Water Purification System (RFP 178333) Proposed Length of the Project 18 months design services after Notice to Proceed followed by 2 years for Engineering Services during Construction Number of Notices sent to Vendors via City’s eProcurement system 609 Number of solicitation packages downloaded by Vendors 51 Total days to submit Proposal 40 Pre-Proposal Meeting 5/20/2020 Number of Company Attendees at Pre- Proposal Meeting 43 participants – 18 companies Number of Proposals received 8 Number of Companies interviewed 4 Range of Proposal Amounts $2,070,001 to $4,137,186 Evaluation of Proposals An evaluation committee consisting of Public Works Department staff was formed to review the proposals and conduct interviews. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP, including quality and completeness of the proposal, quality and effectiveness of services, experience with projects of similar scope and complexity, prior record of performance, cost, proposer’s financial stability, and ability to provide future maintenance and/or services. Additional Public Works Department staff, the RWQCP CIP Program Manager (Woodard & Curran), and City of Mountain View staff provided comments about the proposals. These comments were used to shortlist the finalists for interviews. After conducting the interviews, staff recommends moving forward with Black & Veatch because the firm provided a more comprehensive approach to the different aspects of this project. The firm demonstrated a clear understanding of the project and proposed innovative solutions to some of the most important challenges described in the RFP. In addition, the firm has extensive experience in the design of these systems (e.g., the local experience designing the Silicon Valley Advanced Water Purification Center operated by Valley Water at the San Jose Water Pollution Control Plant). The total not to exceed budget amount proposed for this contract is $3,182,960, comprised of $2,893,600 for the basic design services and $289,360 for additional services, as needed. Timeline The detailed design tasks are anticipated to begin in March 2021 and be completed in 18 months followed by approximately 6 months for engineering services during a construction City of Palo Alto Page 6 bidding phase and 18 months for engineering services during construction. Staff will return to Council to award a separate construction contract for this project. Resource Impact Funding for this contract is available in the Advanced Water Purification Facility Capital Improvement Program project (WQ-19003) in the Wastewater Treatment Fund FY 2021 Adopted Capital Budget. The cost for Black & Veatch design of this project will first be paid for by the City through the project budget. Subsequently, paid invoices will be submitted to Valley Water for reimbursement. In FY 2021, a total of $3.0M has been appropriated for WQ-19003 and will be encumbered in the contract. The remaining $0.2M of the contra ct will be encumbered in FY 2022, subject to the budget process and Council’s appropriation of funds for FY 2022. In addition to funding from Valley Water and Mountain View, Palo Alto is pursuing a loan from the Clean Water State Revolving Fund (Staff Report ID #10734) to spread the cost of the project over 20 to 30 years. The loan application amount includes reimbursement of staff labor and planning costs (i.e., the feasibility study and preliminary design). Staff will resubmit the application for consideration once the design is more than 49% completed per state requirements. Because of the City’s budget deficit for FY 2021, COVID-19 shelter-in-place orders, and other related measures, staff approached Black & Veatch during the scope and fee negotiations about a potential reduction in their design fee. In the spirit of cooperation and sharing the burden, Black & Veatch agreed to reduce their fee and removed the hourly labor rate escalation, keeping their labor rates constant through Calendar Year 2022. This contract for professional services permits the City to suspend, in whole or in part, or terminate the Contract for convenience (with or without cause) by providing written notice by the City Manager. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Policy Implication Authorization of this Project does not represent a change in existing policies. Expanding the use of recycled water is consistent with the Sustainability Climate Action Plan Framework (Council Staff Report #7304), the Sustainability Implementation Plan (Council Staff Report #8487), and the Council’s support of the Bay Delta Plan. Stakeholder Engagement Palo Alto hosted a community meeting on October 23, 2019 to inform the community and answer questions about the components of the funding Agreement between Palo Alto, Valley Water, and Mountain View, including partial funding for the AWPS/Local Plant. Members of the City of Palo Alto Page 7 public approached staff during break-out sessions to get direct answers to questions. Most comments were focused on the Agreement terms and were overall supportive of the AWPS facility. Previous public meetings related to this Agreement and the EIR were also held. With respect to Palo Alto itself, the open meetings on the budget process serve as the mai n vehicle for engaging the community on both new projects such as this and associated rate impacts. Environmental Review Through adoption of Resolutions 9548 and 9549, the City of Palo Alto City Council acting as lead agency, certified the Palo Alto Recycled Water Project Environmental Impact Report (EIR) to include implementation of the City of Palo Alto Recycled Water Project. The Notice of Determination for the City of Palo Alto Recycled Water Project was filed on October 1, 2015. The AWPS was identified as a potential mitigation measure in the previously adopted EIR. An addendum to the EIR was prepared to evaluate the AWPS impacts; the addendum determined that the AWPS would not result in new or more severe significant impacts than those identified in the EIR. The addendum was posted to the State Clearing House for public review from September 19, 2019 to October 3, 2019. The Notice of Determination for the AWPS 1 .125 MGD Project was filed on November 20, 2019 after Palo Alto determined that the approved Project does not require either a subsequent EIR or a supplement to the previously certified E IR. Attachments: • C21178333 B&V Contract_Partially Executed Professional Services Contract No. C21178333 Rev. April 23, 2020 1 CITY OF PALO ALTO CONTRACT NO C21178333 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES This Agreement is entered into on this 8th day of March 2021, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Black & Veatch Corporation, a Delaware Corporation, located at 2999 Oak Road, Suite 490, Walnut Creek, CA 94597 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to construct an Advanced Water Purification System (“Project”) and desires to engage a consultant to provide design and engineering services as outlined in Exhibit “A” in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. ƚƚĂĐŚŵĞŶƚ □----- Professional Services Contract No. C21178333 Rev. April 23, 2020 2 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement. OR The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached at Exhibit “B” unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction commun icated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Two Million Eight Hundred Ninety-Three Thousand and Six Hundred Dollars ($2,893,600.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Three Million One Hundred Eighty-Two Thousand Nine Hundred and Sixty Dollars ($3,182,960.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Professional Services Contract No. C21178333 Rev. April 23, 2020 3 Section 13 below. The City will process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be Professional Services Contract No. C21178333 Rev. April 23, 2020 4 deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: Siegfried Engineering, Cal Engineering & Geology, Inc., EOA, Inc., and Badger Daylighting CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Craig Lichty as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and Dan Lopez as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Tom Kapushinski, Public Works Department, Environmental Services Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-617-3130. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior □ Professional Services Contract No. C21178333 Rev. April 23, 2020 5 written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. Nothing herein shall be construed as limiting or depriving CONSULTANT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance □ Professional Services Contract No. C21178333 Rev. April 23, 2020 6 or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance Professional Services Contract No. C21178333 Rev. April 23, 2020 7 of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. Professional Services Contract No. C21178333 Rev. April 23, 2020 8 CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision wil l be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Professional Services Contract No. C21178333 Rev. April 23, 2020 9 Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR 26.1 CONSULTANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance. □ Professional Services Contract No. C21178333 Rev. April 23, 2020 10 SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment there to is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. Professional Services Contract No. C21178333 Rev. April 23, 2020 11 27.10 All unchecked boxes do not apply to this Agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. Professional Services Contract No. C21178333 Rev. April 23, 2020 12 CONTRACT No. C21178333 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee BLACK & VEATCH CORPORATION Officer 1 By: __________________________________ Name: Craig Lichty_____________________ Title: Vice President, Client Director________ Officer 2 (Required for Corp. or LLC) By: __________________________________ Name: Angela Hoffman__________________ Title: Chief Financial Officer, Water Americas _____Business_________________________ Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS Professional Services Contract No. C21178333 Rev. April 23, 2020 13 Professional Services Contract No. C21178333 Rev. April 23, 2020 14 EXHIBIT “A” SCOPE OF SERVICES WQ - 19003 I. INTRODUCTION The City of Palo Alto (City) owns and operates a Regional Water Quality Control Plant (RWQCP) which treats wastewater from six communities. The RWQCP has a permitted dry weather capacity of 39 million gallons per day (MGD), annual average treated flow of 19 MGD, and a wet weather capacity of 80 MGD. The RWQCP produces approximately 230 million gallons of tertiary-treated recycled water annually with much of the demand occurring May - August. The City’s objective for this Advanced Water Purification System (AWPS) project is reducing the total dissolved solids (TDS) concentration in recycled water from about 810 mg/L to 450 ± 50 mg/L. In 2019, the recycled water produced at the RWQCP had an average concentration of 810 mg/L TDS. This Scope of Services is for the detailed design of an AWPS located at the RWQCP to initially provide 1.125 MGD of permeate, with provisions for future expansion to produce 2.25 MGD of permeate in a subsequent construction phase. The AWPS will be designed to consist of Ultrafiltration (UF) or Microfiltration (MF) followed by Reverse Osmosis (RO) treatment processes as well as all chemical storage / feed systems and ancillary components as defined herein. The AWPS will be designed to be fed disinfected recycled water from the RWQCP for initial construction. In the future expansion to 2.25 MGD, it is anticipated that the AWPS will be fed disinfected final effluent. The produced permeate from the AWPS will be blended at an appropriate ratio with the existing tertiary-treated recycled water in order to achieve an instantaneous TDS concentration of 450 ± 50 mg/L. RO concentrate will be blended with RWQCP final effluent prior to discharge through the RWQCP’s outfall pipeline. In addition, the AWPS design will include provisions to also serve as a test bed (i.e. pilot skid) to conduct research and operational studies that would inform future efforts to develop water reuse in Santa Clara County. The AWPS Facility will be owned by the City and operated and maintained by the City’s RWQCP staff. The AWPS Facility will be funded by the City, the City of Mountain View (Mountain View) and the Santa Clara Valley Water District (Valley Water) (Mountain View and Valley Water are referred to together as the “Agency Partners”). It is the City’s goal that all public utility connections to the AWPS Facility will be metered separately and can be isolated physically from the core infrastructure of the RWCQP. existing infrastructure. A new electrical service will be established for the AWPS with the City’s Electrical Utility that is sized for the initial 1.125 MGD project, and the expansion to 2.25 MGD. Flexibility to add an in-pipe type UV reactor for disinfection will be included in the electrical loads and site plan. The City, as the lead agency, with participation by Mountain View, Valley Water, and the project Consultant Black & Veatch, has prepared this Scope of Services that includes all necessary tasks Professional Services Contract No. C21178333 Rev. April 23, 2020 15 for the completion of the design, bidding and engineering services during construction and start- up of the project. II. BACKGROUND Background information for this Scope of Services includes the following: x REVISED Final Advanced Water Purification System Feasibility Study, May 25, 2017 x Advanced Water Purification System Preliminary/Conceptual Design Report, December 15, 2017 x Addendum to the 2015 City of Palo Alto Recycled Water Project Environmental Impact Report has been prepared for the AWPS project, September 13, 2019 x Membrane Pilot Testing Report, August 2018 x Reverse Osmosis Concentrate Toxicity Study, December 12, 2018 III. CONSULTANT’S SCOPE OF SERVICES (GENERAL) This section describes the nature and scope of engineering design and Operations and Maintenance (O&M) services to be provided for the final design, bidding, construction and start- up of the AWPS. The CONSULTANT shall provide engineering services during all phases of the project from preliminary design, design, bid period services, engineering services during construction, and support during commissioning and start-up. CONSULTANT shall design the system such that it can be constructed without interruption to the current treatment operations, except as allowed under special circumstances, which are expected to entail piping and utility tie-ins. CONSULTANT shall provide overall coordination of engineering disciplines (including civil, structural, mechanical, electrical, and instrumentation and controls) and other disciplines required for the successful development of a consolidated set of detailed design documents consisting of specifications, drawings and opinion of probable construction cost (OPCC) that will result in three (3) final construction bid packages: x The first construction bid package to be issued will contain the detailed design of a new odor control system for the influent pump station, referred as the New Pumping Plant (NPP). This is covered under Task 2 below. x The second construction bid package will contain the detailed design of a 1.125 MGD permeate AWPS with building space provisions to accommodate expansion, covered under Task 1 below. Design of the demolition to the existing odor control system is included as part of this bid package. x The third construction bid package will contain the detailed design of the expansion of the 1.125 MGD AWPS to produce 2.25 MGD permeate, covered under Task 3 below. CONSULTANT shall incorporate in the design details and/or specifications provisions for all necessary equipment including: automatic strainers, isolation valves, flushing connections, Professional Services Contract No. C21178333 Rev. April 23, 2020 16 MF/UF and RO Skids, clean-in-place equipment, pump skids, break tanks, storage tanks, chemical feed systems, decarbonator, air compressor, air blower and accessories, odor control, building canopy, test bed, recycled water storage tank, and blending facilities. This facility is not intended to be a showplace for educational tours, so CONSULTANT is not required to allocate space to accommodate tour groups design the system with signage and placards to describe equipment and processes. For this Project, the City has prepared a planning-level budget but not a stated construction budget, as described in Section 9 of the Agreement. CONSULTANT shall prepare a cost trending log during design to show the impact design decisions have on the opinion of probable construction costs. Following CONSULTANT’s preparation and review of the 30% design submittal, which will include an opinion of probable construction cost as further detailed below, the City will establish a stated budget for the Project, taking into account CONSULTANT’s opinion of probable construction cost and other relevant factors The main features of scope of design and engineering services shall include the following: x Basis of Design Report including 30% Design Drawings and Class 4 OPCC x Design and Bidding Document Submittals for an Advanced Water Purification System (AWPS) at 60%, 90% and 100% development. x Development of construction sequencing requirements x Development of control strategies x Development of an O&M Manual for the overall system operation, with detailed process and control descriptions of the process train x Technical support of specific regulatory and resource agency permitting requirements is provided in Task 4. No specific support for financial coordination, including State Revolving Fund (SRF) loan and energy efficiency alternative funding applications, or CEQA document modifications is required from the Consultant. However, deliverable information prepared under various tasks in this agreement such as project descriptions, OPCC information, site plans, BIM model images, etc., will be provided for the City’s use in funding applications. IV. CONSULTANT SCOPE OF SERVICES (BASIC SERVICES) CONSULTANT's services shall include the performance of all tasks described in the following sections. All deliverables including drawings, specifications, graphics, schedules, and reports shall be provided in hard copy and in their original software version (Excel, Word, AutoCAD 3D, PowerPoint, etc.) and PDF version. Task 1 – Detailed Design of 1.125 MGD AWPS and Storage Tank Professional Services Contract No. C21178333 Rev. April 23, 2020 17 For this Task, CONSULTANT shall develop a bid package made up of design documents (including specifications, expected construction schedule/sequencing, and OPCC) for an Advanced Water Purification System (AWPS) that produces 1.125 MGD of permeate. CONSULTANT shall design the 1.125 MGD AWPS such that it can be expanded to produce 2.25 MGD permeate in the future with minimal additional site and yard piping work. The building footprint shall be large enough to accommodate the future expansion of the system. In addition, the design must account for the future expansion by including: x Housekeeping pads for future equipment skids x Sizing pipe headers large enough to meet the expansion flow requirements x Accounting for future equipment electrical loads in the MCCs x Any other items related to accommodate future expansion of the system x Vendor start-up services CONSULTANT shall include design documents for all disciplines (civil, structural, mechanical, electrical, instrumentation and controls, etc.) required for the development of a consolidated set of detailed design documents consisting of specifications and drawings necessary for the successful construction and operation of the AWPS. CONSULTANT shall design the facility to comply with Palo Alto Municipal Code, state and federal regulations, Cal OSHA requirements, and all other applicable regulations. CONSULTANT shall design the system such that it can be constructed without interruption to the current treatment operations. The only planned outages are anticipated only for piping tie-ins for AWPS feed, blending, and concentrate discharge. CONSULTANT shall specify provisions to protect membranes to the extent possible, during long-term shutdowns in the O&M manual. CONSULTANT shall establish a proposed construction sequence in sufficient detail to meet the RWQCP’s ability to comply with its NPDES Permit, Recycled Water Order 93-160 and future Recycled Water Regulations such as the Statewide General Order. 1.1 Site Work / Civil Design CONSULTANT shall research, review and use Planning Phase deliverables as a basis for the design, as well as to conduct necessary field investigations (i.e. geotechnical, land surveying, and potholing) to establish a Project Base Map, and prepare reports that will inform the design. CONSULTANT is responsible for collecting all the data and conducting all investigation that are needed to complete the final design. NAD83 and NAVD88, are the respective horizontal and vertical control datums used at the RWQCP. CONSULTANT shall identify and review the existing site conditions, including existing utilities and a biofilter bed that requires removal and replacement. CONSULTANT shall consider utilities relocation for the project including RWQCP water, storm drains, irrigation, Renzel Marsh pipeline, and low-voltage electrical. CONSULTANT shall include Professional Services Contract No. C21178333 Rev. April 23, 2020 18 in the design the preservation of the two (2) landfill gas monitoring wells and associated access. CONSULTANT shall establish the finished floor elevation of the AWPS at 14.0-ft above sea level. CONSULTANT will verify that this is above the FEMA Base Flood Zone Elevation for this site and will prepare equipment installations above the flood zone accordingly. CONSULTANT shall incorporate in the design any additional pertinent requirements from the City of Palo Alto Sea Level Rise Policy. Incorporating the City Sea Level Rise policy will require the finished floor elevation to be approximately 14.0 feet NAVD88. The design shall consider the turning radius for chemical delivery trucks from within the RWQCP to the AWPS Chemical Storage Area. CONSULTANT shall include a pavement restoration design for those RWQCP areas impacted by construction. CONSULTANT shall include in the design repaving around existing facilities at the north end of plant impacted by excavation and construction. CONSULTANT shall route all stormwater from the site to the RWQCP’s headworks. 1.2 Process Mechanical Design Consultant’s process design shall include pre-treatment systems, break tanks, cleaning and blending systems, including: x Pre-filtration x Chemical Storage and feed systems x UF / MF and R.O. Membrane Skid Assemblies x Decarbonated x Break tanks and pumping system x UF / MF Cleaning system x Reverse Osmosis (R.O.) Cleaning system x Blending station to produce enhanced recycled water x Pilot test bed area & sampling points throughout the process. x Motor Control Center design x Fire Protection System design for the building(s) x Medium Voltage and Low Voltage Power Distribution system design x Instrumentation and Control system design x Access platforms and stairs for accessing equipment x Other required ancillary systems identified in the City’s Preliminary Design Report CONSULTANT shall confirm the RO permeate storage requirement for the initial 1.125 MGD and for the future AWPS expansion to 2.25 MGD capacity and coordinate with the City for selection of the tank material. CONSULTANT shall evaluate needed blending facilities for reverse osmosis permeate and the existing tertiary-treated recycled water currently produced at the RWQCP under Professional Services Contract No. C21178333 Rev. April 23, 2020 19 initial and future expansion conditions. CONSULTANT shall explore alternatives for blending facilities including those specified in the Preliminary Design Report as well as other possible locations and try to avoid the use of underground areas that are highly congested with existing utilities. CONSULTANT shall include in its evaluation all facilities (including additional storage and in-situ automated instrumentation) needed to blend the purified water with the existing tertiary-treated recycled water. The AWPS PDR blend ratio is based on a 1:1 blending ratio between these sources; however, in reality this will not work, and the City needs the ability to vary the blending ratio to meet a much greater turndown ratio. This is especially true in the wet weather season when recycled water usage typically drops. This critical design aspect needs CONSULTANT to review the existing controls of the Recycled Water Reclamation Plant Feed Pumps and hypochlorite dosage control strategy as it relates to incorporation into the new blending strategy. Consideration should be given to retrofit the pumps’ constant speed motors with inverter duty motors and VFD controls, and modification of the hypochlorite injection control and feedback loop. CONSULTANT shall provide details on automated valves, flow meters, controllers, and other equipment to provide the City flexibility to operate and increase or decrease the blending ratios depending on production and demand of enhanced recycled water. CONSULTANT shall also provide details on the operational aspects of blending and blending percentages, such as rotating equipment trains, returning permeate to the head of the system, etc., such to minimize enhanced recycled water production during those periods of low demand. CONSULTANT shall design blending facilities for RO concentrate into the RWQCP outfall line. The current RWQCP NPDES Permit (Order R2-2019-0015) authorizes blending up to 0.2 MGD of reverse osmosis concentrate from the planned AWPS with fully treated effluent prior to discharge, thus slightly increasing the concentration of the discharge. CONSULTANT shall design a pipe stub out and isolation valve to the plant effluent line for a future pipeline and pump station that will convey treated effluent to a future regional recycled water facility, to be located within the City of Palo Alto and owned by Valley Water. The tie-in point might consist of a valve vault for connections to a pump station, which would convey the water to the future facilities. Space should be allocated to locate a future pump station in close proximity to the piping tie-in point. 1.3 Structural Design CONSULTANT shall provide a structural design that is in accordance with all jurisdictional requirements including the 2019 California Building Code. Seismic design requirements shall apply to the building / canopy structure as well as non-structural components. CONSULTANT shall include field verification of existing infrastructure for design of proposed structural improvements under this project. Professional Services Contract No. C21178333 Rev. April 23, 2020 20 CONSULTANT shall design the AWPS to be constructed on a concrete slab with canopies over AWPS filter and membrane equipment. CONSULTANT shall conduct a geotechnical study at the project site to properly characterize the soils and groundwater conditions, and develop recommendations including foundation design for the AWPS, permeate storage tank and ancillary facilities. CONSULTANT should anticipate that a pile supported slab is required. CONSULTANT shall evaluate if a pile supported slab foundation is the best option or provide a more suitable solution provided the detailed geotechnical study. For more details about the preliminary foundation design refer to the Geotechnical Desk Study – Advanced Water Purification System Project. Task 1.3 assumptions: x Design for seismic liquefaction not included for spread or mat foundations, which will be used except where noted to use auger-cast piles. Settlement criteria of 1" total and 1/2" differential will be used. x CONSULTANT will design all pipe supports for piping 14 inches and greater. x CONTRACTOR will be required to design all pipe supports for piping 12 inches and smaller, performance specified. x Design of structural elements for a fall protection system is not included. x Special Inspections support is not included. x Tank, foundation, and piles to be designed by tank manufacturer and covered by a performance specification. x Meter Vaults: RW vault is approximately 9' x 8' in plan, and 10' deep, permeate vault is approximately 11' x 8' in plan, and 10' deep, vaults are CIP concrete, tops are at grade level, and require no stair access or railing. x Electrical Building approximate plan dimensions of 40' x 20'’, foundation is slab on grade with thickened edge around perimeter, structure is assumed to be a pre-engineered building, performance specified. x Geotechnical o Assumed 3 borings and 4 Cone Penetration Tests (CPT) o Assumed boring depth between 50 and 70 feet o Assumed CPT depth of 70 feet o Assumed 2 days of drilling and 1 day for CPT. o Assumed site is accessible with truck/track mounted rig. o Soil sampling and penetration testing will be performed at intervals between 3 and 5 feet. 4 samples will be taken and tested in a laboratory for engineering properties, including natural moisture content, dry density, grain size analysis, Atterberg limits, unconsolidated-undrained triaxial strength, consolidation, Resistance (R) – value testing and corrosion analysis. Professional Services Contract No. C21178333 Rev. April 23, 2020 21 1.4 Mechanical Design CONSULTANT shall design the AWPS to incorporate California Code of Regulations, Title 24 requirements for energy conservation, particularly as it applies to structural, mechanical, electrical, lighting, and plumbing systems in the building / canopy. CONSULTANT shall include the development of a performance specification for a packaged fire sprinkler system, to be purchased and installed by the CONTRACTOR. CONSULTANT shall design the system to minimize noise generation. A noise generation study shall be included in the design, as well as design of sound attenuation measures. CONSULTANT shall develop a noise study with recommendations to minimize noise and design the structure with sound attenuation measures, as required to reduce sound levels from the equipment along Embarcadero Road. Task 1.4 Assumptions: x The control room, inside the electrical building, will be heated and air conditioned for personnel comfort and to achieve Title 24 compliance. x The electrical room will be heated with unit heaters and air conditioned by packaged air conditioning. x Adequate water supply is available at the RWQCP with sufficient flow and pressure for the sprinkler system and other potable and non-potable water requirements. x Fire pump system or fire water storage tank is not required. x Meter vaults will not have any type of HVAC. 1.5 Electrical, Instrumentation, and Control Systems CONSULTANT shall include in the design a new City of Palo Alto Utilities (CPAU) electrical service connection extending from Embarcadero Road for the AWPS. The new service shall be designed to meet CPAU standards for new commercial electrical service. Refer to CPAU Transformer and Transition Cabinet drawing. CONSULTANT shall develop a design for a new electrical building constructed to the north of the AWPS and include an operator workstation/control room. The new electrical building shall comply with City of Palo Alto Municipal Code and other applicable regulations for fire protection. CONSULTANT shall design a standalone PLC and SCADA system with a local historian that is compatible with the RWQCP Process Control Systems Technology Standards (SCADA Standard). The AWPS SCADA shall follow the equipment standards as well as the networking standards defined in the SCADA Standard and will provide remote screens, local and remote alarms and data transfer to the RWQCP Administration Building and Main Operations Control Room located in the Operations Building. Communication Professional Services Contract No. C21178333 Rev. April 23, 2020 22 Network design required to connect the AWPS SCADA system with the RWQCP SCADA system shall be coordinated with RWQCP Technology / SCADA Support Staff to define the connection point. The new network link shall provide fiber optic communications through a new patch panel to communicate with the RWQCP SCADA and Radio System. All equipment located at the Administration and Operations Buildings will be integrated by the contract control system integrator, with assistance from RWQCP Technology / SCADA support staff. CONSULTANT shall include in the design a telephone line for connection to the RWQCP telephone system. CONSULTANT shall propose instrumentation and control equipment that is consistent with the RWQCP Process Automation Standard and/or is readily available from local distributors and shall be integrated within City’s existing control system. CONSULTANT shall propose equipment from manufacturers with at least ten (10) years of experience with a proven track record in similar environments and duty conditions within the United States of America; for package systems, these requirements shall be fulfilled to the extent possible. Due to the sensitive nature of the information contained in the RWQCP Process Automation Standard, the Standard will be made available to the CONSULTANT, subject to entering a nondisclosure agreement. The CONSULTANT shall include in the design a manual transfer switch and space to accommodate a portable generator with spill containment provisions. The switch shall be specified to function with a generator sized only to perform a shutdown of the AWPS and for system monitoring. The City will provide a portable generator on an “as needed” basis. A dedicated emergency generator is not to be included in the design. The Contractor will be responsible for testing the switch and a portable generator provided by the City. CONSULTANT shall include in the design electronic security and safety systems such as: cameras, allowance for future card readers, addressable fire alarms, night security lighting, intrusion alarms, motion detectors, and emergency lighting. to comply with RWQCP Process Automation Standards. The security system features to be integrated with the existing RWQCP security / surveillance system. CONSULTANT shall include analytical instrumentation for monitoring and control over the complete process train. In addition, continuous TDS concentrations monitoring, pH and chlorine residual of the AWPS permeate tertiary-treated recycled water and blended recycled water. All instruments shall provide a local readout with a signal output to the PLC and SCADA control screens. Task 1.5 Assumptions: x CONSULTANT’s standard electrical design (one-line diagrams, power plans showing equipment locations, lighting plans, panel schedules, schematics, and details) will be performed and standard documents created. Professional Services Contract No. C21178333 Rev. April 23, 2020 23 x Cable tray, large conduit corridors, and 4” and larger conduit will be modeled in 3D with cable tray shown on drawings. Detailed conduit routing, and cable/conduit schedules are not part of CONSULTANT’s standard design. x Arc Flash and coordination study will be specified to be includ ed in the CONTRACTOR’s scope of work. x It is assumed that meter vaults will not have any lighting. x Network configuration performed by CONTRACTOR or City, as required. Backbone SCADA and PLC network configuration is done by RWQCP SCADA / Technology support staff, but the MF / UF / RO packaged system vendor may have their own internal network switches that are specific to their system, in which case the system vendor will do the configuration. x New standalone SCADA system for the AWPS based on AB PLCs and iFIX HMI. The new SCADA system will communicate with the existing RWQCP SCADA system. Preliminary design included redundant AWPS plant PLCs communicating to 5 RIOs or Vendor PLCs and ethernet connections to VFDs and power monitoring devices. x Design coordination with remote communication by others to the 2.25 mgd expansion RO permeate tank. x I&C design consists if P&ID drawings, Control System Block Diagram drawings, panel enclosure layouts, installation detail drawings, and specifications. Additional drawings for detailed wiring diagrams are not included, i.e. loop diagrams or detailed panel wiring diagrams are not included. x City to provide portable generator information to Consultant for designing the manual transfer switch. x Task 1.5 will be confirmed based upon review of the RWQCP Process Control Systems Technology Standards (SCADA Standard) 1.6 Landscape Design CONSULTANT shall include in the design landscape restoration and public sidewalk realignment to provide additional buffer and screening between the sidewalk and the AWPS. CONSULTANT shall include in the design consideration of a 20-foot buffer from the RWQCP property line to the AWPS building to provide screening between the public and the AWPS for an aesthetically pleasing facility. CONSULTANT shall include in the design a landscape irrigation system, and connection of that system to the existing recycled water irrigation system. CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey conducted by the City. CONSULTANT shall avoid tree removal when possible and include identification of trees to be removed in the detailed landscape drawing. Professional Services Contract No. C21178333 Rev. April 23, 2020 24 Task 1.6 Assumptions: x Photometric plans detailing lighting levels are not included. (Lighting will be provided for basic security in active use areas within the AWPS site only). x Phase I Environmental Assessment, Phase II Subsurface Investigation, and asbestos and lead containing material investigation and report are not included. Task 1 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to the City for review by the City, Mountain View and Valley Water. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partner staff to walk them through the 30%, 60% and 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent design project deliverables when feasible. 30% Design Deliverable x Kickoff Meeting o Meeting Agenda o Meeting Minutes (draft and final) o Draft Communication Plan o Draft Summary of Required Key Design Decisions o Draft BOD Report Outline x Key Design Decision Small Group Meetings – 5 each. x Draft BoDR Presentation Workshop (Pre-City and Agency Partner Review) o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x Basis of Design Report (BoDR) Submittal o Draft BoDR– two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic copy in MS Word including: x Key Design Decisions developed during small-group meetings will be addressed in the BoDR including: MF/UF and RO membrane technology and configuration selection, turn-down capability, seasonal and long- term shutdown recommendations. Assessment of pumping vs. break tanks between membrane processes. Procurement methodology. Professional Services Contract No. C21178333 Rev. April 23, 2020 25 x Chemical storage requirements, storage approach (tanks vs. totes), addition points, control strategy, access and features for O&M. x AWPS Overall Layout and selection of canopy vs. partial enclosure or enclosed building options based on cost and non-cost factors. x RO permeate storage volume assessment (@1.125 and 2.25 MGD capacity) and tank location(s) and materials selection. x Blending station siting, layout, configuration, and control strategy requirements and blend ratio rangeability and constraints. x Test Pad Area layout and provisions for future pilot equipment access to feed water, power, waste, lighting and other required utilities. x Noise generation and attenuation study x Landscape Restoration, Trail Realignment, and Pavement Restoration - General project scope and background references. - Design criteria, including: x Flow rates – current and anticipated. x AWPS feed water quality - physical, chemical and biological. x RO permeate water quality. x Applicable codes and standards, including fire and safety codes including code review and approval process. x Local building, planning, and zoning department requirements including code review and approval process. x Site considerations, including subsurface conditions, flood elevations, drainage requirements, etc. x P&ID and Process Flow Diagrams x Preliminary site plan, building layouts, and architecture. x Preliminary hydraulic profile. x Process and hydraulic systems. x Chemical feed and storage. x Operational monitoring and control systems. x HVAC systems. x Electrical systems. x Structural design criteria. x Communications systems. x Miscellaneous support systems. x Security systems. x Utility requirements. o Final BoDR – two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic copy in MS Word Professional Services Contract No. C21178333 Rev. April 23, 2020 26 o Functional Description summarizing operating strategies and capabilities o Draft & Final Geotechnical Study/Technical Memorandum o Topographic Survey o Potholing Survey o Preliminary Construction Schedule with key milestones (presented in MS Project) x 30% drawings set (provide in PDF and two (2) hard copies) x Project Initial Specification List in CSI 2018 MasterFormat x Association for the Advancement of Cost Engineering (AACE) Class 4 OPCC accuracy range of -20% / +30% x 30% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes 60% Design Deliverable x 60% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x Sole-sourced, Prequalified and Pre-purchased Equipment List with rationale x Preliminary Construction Schedule with key milestones (presented in MS Project) x 60% drawings set (provide in PDF and two (2) hardcopies) x 60% Specifications in CSI 2018 MasterFormat x RO Projections and RO Normalization Calculations x Draft process design calculations x Association for the Advancement of Cost Engineering (AACE) Class 3 OPCC, accuracy range of -15% / +20% x Focused Review Workshops (for O&M Staff): o O&M Process Workshop on the process train and ancillary equipment targeted for discussion targeted for Operations staff. o Process Automation (PLCs, HMIs, Fiber Optics communications) Design Review Workshop targeted for discussion with SCADA/Technology staff. o Equipment Access and Site Safety Workshop targeted for Operations and Maintenance staff. o Chemical Delivery and Safety Workshop targeted for Operations staff. o Power Distribution (12-kV, MCC’s) Design Workshop targeted for Electrical Maintenance staff. Professional Services Contract No. C21178333 Rev. April 23, 2020 27 90% Design Deliverable x 90% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x 90% Construction Schedule with key milestones (presented in MS Project) x 90% drawings set (provide in PDF and two (2) hard copies) x 90% Specifications in CSI 2018 MasterFormat x Final process design calculations x AACE Class 2 OPCC, accuracy range of -10% / +15% 100% Design Deliverables / Bid Package x Final Specifications that conform to CSI 2018 MasterFormat (provide in MS Word and two (2) hard copies) x 100% drawings set (provide in PDF and two (2) hard copies x Final R.O. Projections x Final Process Design Calculations x Final Construction Schedule Task 1 - General Assumptions x Kickoff meeting and workshops will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in-person by up to two members from the CONSULTANT. All other members will join via conference call. x B&V standard specifications will be used, except for Division 0. x Value Engineering study and/or responses not included. x B&V standard graphics will be used for all drawings. x All required calculation submittals will be provided in portable document format (PDF). x Demolition of the existing RW storage tanks not included. x The Preliminary Drawing list is attached to this Scope of Services. Task 2 – Detailed Design of Odor Control System for the New Pumping Plant CONSULTANT shall design a replacement odor control system to be located adjacent to the influent pump station known as the New Pumping Plant (NPP) to treat foul air from the NPP. The demolition of the existing biofilter bed located on the project site will be included in Task 1. CONSULTANT shall design the replacement system to treat approximately 6,000 standard cubic feet per minute of exhaust air from the NPP and remove hydrogen sulfide and ammonia as follows: x Hydrogen sulfide: Professional Services Contract No. C21178333 Rev. April 23, 2020 28 o 99% removal for inlet concentrations above 10 parts per million by volume (ppmv) o For inlet concentrations less than 10 ppmv, maximum outlet concentration of 100 parts per billion by volume (ppbv) x Ammonia o 90% removal for inlet concentrations above 50 ppmv o For inlet concentrations less than 50 ppmv, maximum outlet concentration of 5 ppmv CONSULTANT shall verify these pollutant criteria for sizing equipment accordingly and perform data review of air quality data and perform a grab sample to confirm odor characterization for design. CONSULTANT shall determine appropriate odor control technology and equipment sizing for this application. As described in more detail in the Permitting task below, CONSULTANT shall provide air permitting support, submit and secure a BAAQMD Permits to Construct and Operate. The workflow for this task includes the following procedural steps: x Odor Characterization - including review of data, discussion of O&M’s understanding, and new grab samples x Preliminary Technology Assessment, including general advantages and disadvantages. PowerPoint slides summarizing the assessment will be provided to City three business days before the following workshop. x Technology Alternatives Screening and Selection Workshop with Engineering and O&M (1-hour duration). x 30% Design Submittal including Basis of Design Criteria x 90% Design Submittal and Class 2 OPCC, accuracy range of -10% / +15% x 100% Bid Document Submittal Task 2 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to the City for review by the City, Mountain View and Valley Water. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partner staff to walk them through the 30% and 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent design project deliverables when feasible. Task 2 – General Assumptions Professional Services Contract No. C21178333 Rev. April 23, 2020 29 x Workshops will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in-person by up to two members from the CONSULTANT. All other members will join via conference call. x The Basis of Design Report developed in Task 1 will be used for the Odor Control Replacement design. x B&V standard specifications will be used, except for Division 0. x Value Engineering study and/or responses not included. x B&V standard graphics will be used for all drawings. x All required calculation submittals will be provided in portable document format (PDF). x Demolition of the existing biofilter is included in Task 1. x The Preliminary Drawing list is attached to this Scope of Services. Task 3 – Detailed Design Expansion for 2.25 MGD Production and Storage For this Task, CONSULTANT shall develop a bid package made up of design documents to go directly to a 90% design deliverable, (including plans, specifications, expected construction schedule/sequencing, and OPCC) for an expansion of the 1.125 MGD AWPS to produce 2.25 MGD permeate with minimal additional site work and piping. With most of the infrastructure in place from the design of the 1.125 MGD facility, the design for the expansion is assumed to include the following items: x Addition of equipment skids onto existing housekeeping pads x Extension of piping and electrical to the new equipment x Integration of the new equipment items into the existing system x Vendor start-up services CONSULTANT shall include design documents for all disciplines necessary for successful construction and operation of the expanded AWPS, including civil, structural, mechanical, electrical, instrumentation and controls, and other disciplines as required. CONSULTANT shall design the facility to comply with Palo Alto Municipal Code, state and federal regulations, Cal OSHA requirements, and all other applicable laws and regulations. CONSULTANT shall sequence construction such that the current recycled water and enhanced recycled water production performance and operations are maintained on a continuous basis as much as possible. CONSULTANT shall establish a proposed construction sequence in sufficient detail which meets the RWQCP’s ability to comply with its NPDES Permit and Recycled Water Order 93-160 as well as by the requirements set by the Statewide General Order when applicable. 3.1 Process Mechanical Design The process design shall include all necessary components to process the increased flow through the system, including: Professional Services Contract No. C21178333 Rev. April 23, 2020 30 x Pre-filtration x UF / MF and R.O. Membrane Skid Assemblies Expansion / Addition x Motor Control Center modifications x Integration of new equipment into the Instrumentation and Control system x Other required ancillary systems Assuming additional storage is needed per the RO permeate storage tank evaluation developed in Task 1, CONSULTANT shall design a second reverse osmosis permeate storage tank for a future AWPS expansion to 2.25 MGD. The location of the second RO permeates storage tank, if necessary, will be confirmed in the RO permeate storage tank evaluation in Task 1. 3.2 Structural Design CONSULTANT shall provide a structural design that is in accordance with all jurisdictional requirements including the 2019 California Building Code. CONSULTANT shall include field verification of existing infrastructure for design of proposed structural improvements under this project. CONSULTANT should anticipate that a pile supported slab is required to support a new storage tank, if necessary. CONSULTANT shall evaluate if a pile supported slab foundation for the storage tank is the best option or provide a more suitable solution provided the detailed geotechnical study performed in Task 1. 3.3 Electrical, Instrumentation, and Control Systems CONSULTANT shall integrate the new equipment components into the existing PLC and SCADA System. The design is to be compatible with the RWQCP Process Control Systems Technology Standards (SCADA Standard). This will require PLC program and SCADA program modifications, possibly the development of new SCADA screens, and testing of newly integrated components with the existing control system. The new equipment components shall communicate with the RWQCP SCADA and Radio System. All equipment will be integrated by the contract control system integrator, with assistance from RWQCP Technology / SCADA support staff. CONSULTANT shall propose all new instrumentation and control equipment that is consistent with the RWQCP Process Automation Standard and/or is readily available from local distributors and shall be integrated within City’s existing control system. CONSULTANT shall propose equipment from manufacturers with at least ten (10) years of experience with a proven track record in similar environments and duty conditions within the United States of America; for package systems, these requirements shall be fulfilled to the extent possible. Due to the sensitive nature of the information contained in the RWQCP Process Automation Standard, the Standard will be made available to the successful CONSULTANT, subject to entering a nondisclosure agreement. Professional Services Contract No. C21178333 Rev. April 23, 2020 31 3.4 Landscape Design CONSULTANT shall include in the design landscape restoration at the area of the new storage tank, if a new storage tank is necessary. Restoration includes public sidewalk realignment to provide additional buffer and screening. CONSULTANT shall include in the design consideration of a 20-foot buffer from the RWQCP property line to the new tank to provide screening for an aesthetically pleasing facility. CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey conducted by the City. CONSULTANT shall avoid tree removal when possible and include identification of trees to be removed in the detailed landscape drawing. Task 3 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to City and Agency Partners for review. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of all deliverables. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partners staff to walk them through the 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that the CONSULTANT shall incorporate into the 100% project deliverable when feasible. 90% Design Deliverables x 90% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x 90% Construction Schedule with key milestones (presented in MS Project) o 90% drawings set (provide in PDF and two (2) hard copies) o 90% Specifications in CSI 2018 MasterFormat o Final process design calculations o AACE Class 2 OPCC, accuracy range of -10% / +15% o Final RO Projections o 90% Construction Schedule Professional Services Contract No. C21178333 Rev. April 23, 2020 32 100% Design Deliverables / Bid Package x Final Specifications that conform to CSI 2018 MasterFormat (provide in PDF, Microsoft Word, and two (2) hard copies) x Final Drawings/Plan Set (provide in PDF, Microsoft Word, AutoCAD 3D and two (2) hard copies) x Final Construction Schedule Task 3 - General Assumptions x It is assumed that the workshop listed in Task 3 will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in person by up to two members from the CONSULTANT. All other members will join via conference call. x All calculations will be completed in Task 1 – it is assumed no new calculations will be completed in Task 3. x It is assumed that the future tank, if necessary, will be located as indicated in the Addendum to the EIR for the City of Palo Alto Recycled Water Project. x Demolition and modifications of the existing RW storage tanks not included. x It is assumed that technical evaluations and the Basis of Design Report will include requirements for expansion to 2.25 MGD and will not be updated. x It is assumed that all geotechnical work will be completed in Task 1 for the future tank location. x It is assumed that specifications will be copied from Task 1 and that minimal edits will be required. x Discipline-specific assumptions and general assumptions from Task 1 apply to Task 3. x The Preliminary Drawing list is attached to this Scope of Services. Task 4 – Permitting for 1.125 MGD AWPS CONSULTANT shall investigate what permits are necessary for the project and assist the City in obtaining all permits and approvals for the 1.125 MGD AWPS facility. An Addendum has been completed to the 2015 Environmental Impact Report for the City of Palo Alto Recycled Water Project (Phase III Pipeline) to account for the AWPS. CONSULTANT shall prepare submittal packages for permit approval, answer questions from permitting agencies/stakeholders, and attend various in-person or virtual meetings with permitting agencies. Table 7-1 from the Preliminary Design Report copied below, lists permits and approvals that may be required for the AWPS, estimated permit application requirements, and estimated schedules. Table 7-1 is not all inclusive and does not contain all agency permits required for construction of this project. City shall pay all fees associated with permitting payable to permitting agencies. Professional Services Contract No. C21178333 Rev. April 23, 2020 33 4.1 Sprinkler System Permit CONSULTANT shall ensure that the fire sprinkler design developed in Task 1, including the fire sprinkler and hazardous materials storage systems, complies with Palo Alto Fire Department (PAFD) requirements, and support the permitting process. Include five (5) meetings with Fire Department personnel for review and inspections of sprinkler system with Contractor and Supplier. The requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and time to prepare for this approval. CONSULTANT shall respond to review comments from PAFD regarding sprinkler design, hazardous chemical storage areas, or other pertinent matters. CONSULTANT shall include an allowance of one hundred and twenty (120) hours of response time to respond to PAFD comments about the Project. 4.2 Zoning and Noise Compliance The RWQCP is in the Public / Quasi-Public Facility zoning district and is a permitted use in the district under the Palo Alto Municipal Code (PAMC) and zoning map. CONSULTANT shall ensure that design complies with zoning code requirements, as well as the City’s noise ordinance in PAMC Chapter 9.10 and Palo Alto Comprehensive Plan Goal N-8, regarding noise. CONSULTANT shall conduct a noise study identified in Task 1, as necessary to comply with the PAMC and Comprehensive Plan goal. 4.3 Lease Amendment The RWQCP lease is held by the California State Lands Commission (CSLC) and may require a lease amendment prior to any construction activities associated with the AWPS. CONSULTANT shall include eighty (80) hours of time to respond to CSLC comments about the Project. 4.4 City of Palo Alto Advisory Bodies and City Council Approvals The Project will require public hearings and approvals (or recommendations) by the City’s Architectural Review Board (ARB), Planning and Transportation Commission (PTC), and City Council. CONSULTANT shall design all facilities to achieve a recommendation for approval by the ARB for a major design review and implement ARB recommendations (subject to City staff direction). The requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and time to prepare for the ARB hearing or hearings. CONSULTANT shall assume at least one (1) study session and up to three (3) follow-up public hearings to gain a recommendation for approval through ARB. In addition, CONSULTANT and its landscape design subconsultant shall be required to attend at least two (2) meetings with City’s Planning Department staff prior to the ARB study session, one (1) Planning and Transportation Commission meeting, and one (1) City Council meeting. City will be responsible for any fees charged by the City’s Planning Department. Professional Services Contract No. C21178333 Rev. April 23, 2020 34 4.5 NPDES Permit City staff has coordinated NPDES permit changes through the San Francisco Bay Regional Water Quality Control Board; however, the CONSULTANT shall provide technical support as needed for up to twenty (20) hours. 4.6 BAAQMD Permit CONSULTANT shall provide air permitting support and secure an Authority to Construct (ATC) permit for new AWPS which includes preparation and submittal of application. CONSULTANT shall prepare and submit a control permit application and secure permit approval to modify BAAQMD Permit to Operate Source 110 Abatement Device A-11 for NPP biofilter replacement with specified pollutant percent removal, as well as for the AWPS Decarbonator. 4.7 Title 22 Report CONSULTANT shall prepare and stamp a Title 22 Engineering Report that includes all required elements for production, distribution and end use for submittal to the Division of Drinking Water. CONSULTANT shall ensure the Title 22 Engineering Report is consistent with the State’s 2001 Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water. Since the RWQCP’s recycled water system was authorized by the Regional Board prior to 2001, a Title 22 Engineering Report for the current system was never prepared in the currently required format. CONSULTANT shall develop tables and figures describing regulatory requirements, raw wastewater, treatment processes, plant reliability features, supplemental water supply, monitoring & reporting, and contingency plan (i.e., Section 2 of the 2001 guidance document). These descriptions must encompass relevant aspects of the existing secondary treatment system, existing tertiary system, and the designed AWPS. Since there is not an approved Title 22 Engineering Report for the existing tertiary treatment system, sections of this Report will need to be developed by the CONSULTANT retroactively based on other reference documents, such as the 1992 Recycled Water Master Plan, to be provided by the City. CONSULTANT shall provide a draft Title 22 Engineering Report for the City to review and then incorporate comments to submit a final deliverable to the Division of Drinking Water for approval. CONSULTANT shall support the City in answering DDW questions or requested revisions of the report. The RWQCP is expected to be enrolled in the Statewide General Order on or before April 2022; if this occurs before completion of the AWPS design, a separate Title 22 Engineering Report covering the existing facilities will be produced under a separate contract, in which case CONSULTANT shall be responsible for a Title 22 Engineering Report covering only the new AWPS facility. Professional Services Contract No. C21178333 Rev. April 23, 2020 35 CONSULTANT shall also participate in all Project Meetings with City and other parties as listed under Meetings below. CONSULTANT will provide an agenda three calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven calendar days from the date of the meeting. CONSULTANT shall attend / participate in the following meetings: x Participate in two (2) Electrical Service (Power Feed) Coordination Meeting with PA Electric Utilities x Participate in two (2) meetings with City’s Planning Department staff prior to the ARB study session x Participate in one (1) study session to gain a recommendation for approval through ARB x Participate in two Review Meetings with City Planning staff prior Architectural Review Board (ARB) study session x Participate in one meeting with the ARB study session x Participate in one Planning and Transportation Commission meeting x Participate in the City Council (PACC) Meeting for approval of the Project x Participate in five (5) meetings with the PAFD regarding the sprinkler system design and inspections. x Coordination with DDW is included. Task 4 - General Assumptions x It is assumed that the City will provide all necessary information for the secondary treatment system to incorporate into the Title 22 Engineering report. x All meetings listed in this task will have up to two members from the CONSULTANT in person when health orders allow in-person meetings. All other attendees will be via conference call. Professional Services Contract No. C21178333 Rev. April 23, 2020 36 Table 7-1: Land Use and Resource Agency Permits and Approvals Potentially Required Resource Agency Permits Permit Required Submittal Requirement Estimated Duration after Submittal SFBRWQCP – NPDES permit review or update Yes Already occurred when the City applied for its NPDES Permit Renewal in 2019 State WRCB – NPDES Construction General Permit Yes x Notice of Intent x SWPPP x Application Coverage is obtained after submittal BAAQMD Yes x ATC permit application x Odor control permit application for NPP biofilter replacement TBD DDW - Title 22 Engineering Report Yes Refer to Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water TBD USFWS Section 7 No1 NHPA Section 106 No2 City Permits and Approvals Architectural Review Board (ARB) Yes x 60 percent design elevations and site plan and application 3 months Planning and Transportation Commission (PTC) Yes 1 month City Council Approval Yes x ATC and PTC approval 1 month Tree Ordinance CIP Approval Yes x Tree Inventory and list of trees to be removed or pruned 2 months Public Works Engineering FEMA NFIP Flood Elevation Certificate Yes x Final grading plan and foundation plan x Application x Council Approval 3 months Grading Permit Yes x Final grading plan x Application x Council approval 3 months Building Permit Yes x Final plans x Application x Council approval 3 months Encroachment Permit Yes x Final plans for construction phase and permanent changes x Application x Council approval 2 months Parks and Recreation Commission Maybe x 90 percent site plan 3 months Baylands Design Guidelines Yes x 90 percent design elevations x Site plan 3 months Professional Services Contract No. C21178333 Rev. April 23, 2020 37 Notes: (1) As noted in the Recycled Water Project EIR Mitigation Monitoring Program, any construction that occurs within 500 feet of marsh areas would be subject to Mitigation Measure BIO-7 and subject to restrictions for the protection of California clapper rail. Nevertheless, a Section 7 consultation under the federal Endangered Species Act would not be necessary, so long as Mitigation Measure BIO-7 is implemented resulting in avoidance of impacts to the California clapper rail. (2) No cultural resources have been identified at the RWQCP site (William Self Associates 2007). However, if federal funding is being sought, the City should inquire whether Section 106 clearance will be required Task 5 – Engineering Services During Solicitation and Construction of the 1.125 MGD AWPS The City will assemble and issue the bid packages for solicitation for a construction contractor. Assume a 6–month duration between the 100% Design Deliverable to award of the Construction Contract. The City has standard front-end specifications that will be issued as part of the construction bid package. CONSULTANT will review the front-end specifications to ensure that there are no conflicts between the front-end specifications and technical specifications from Task 1. During solicitation, estimated to take up to 2 months, CONSULTANT shall provide the following services: CONSULTANT shall provide responses to Requests for Clarification (RFCs) from prospective bidders. CONSULTANT shall attend and assist the City at the pre-bid conf erence and walk through. CONSULTANT shall provide electronic and (3) three hard copies of the conformed design package (drawings and specifications) incorporating information issued as addenda and RFCs during the bid period. CONSULTANT shall develop specifications for the General Contractor to include CM construction trailer: location, specifications and hookup drawings. Hookups to the trailer may involve trenching to other areas of the RWQCP. Include design for laydown area for General Contractor. CONSULTANT will perform services during the construction phase of the project. By performing these services, CONSULTANT shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. CONSULTANT shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. During construction phase, estimated to take up to 18 months, CONSULTANT shall provide the following services: Professional Services Contract No. C21178333 Rev. April 23, 2020 38 5.1 Submittal Reviews CONSULTANT shall review submittals from the construction contractor for conformance with the construction contract documents. In general, the CONSULTANT shall review and return the submittal comments to the City within fourteen (14) calendar days. For large submittals that require more review time, the CONSULTANT may return submittal comments to the City with twenty-one (21) calendar days. 125 submittals, including resubmittals, are anticipated to be reviewed by the CONSULTANT. 5.2 RFI Responses CONSULTANT will prepare written responses to Requests for Information (RFIs) submitted by the contractor. The CONSULTANT shall review, comment, and return the RFI responses within seven (7) calendar days. 100 RFIs are anticipated to be reviewed and responded to by the CONSULTANT. 5.3 Change Order Reviews CONSULTANT will review and validate the Contract Change Order requests submitted by the contractor for accuracy and correctness, as requested by the City. 3 change order reviews are anticipated to be reviewed by the CONSULTANT. 5.4 Start-Up Assistance The CONSULTANT shall provide technical support during testing, start-up and commissioning of the AWPS. The CONSULTANT shall assist the City in monitoring, documenting, and/or validating any testing required by permitting agencies. CONSULTANT shall indicate the total number hours for technical field services during testing and start-up. 5.5 As-Built Review / Record Drawings CONSULTANT shall review once a month as-built or marked-up drawings and documents maintained by the contractor during construction. Upon construction completion, the CONSULTANT shall prepare consolidated record drawings and submit them to the City. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. CONSULTANT shall provide two (2) hard copies (one full size and one half-size), one (1) electronic copy in PDF format, and one (1) electronic copy in AutoCAD 3D format to the City. Professional Services Contract No. C21178333 Rev. April 23, 2020 39 5.6 AWPS O&M Manual CONSULTANT shall prepare the Operations and Maintenance (O&M) Manual and Standard Operating Procedures (SOPs) Manual to reflect the changes to the normal and abnormal modes of operations, equipment and process descriptions, process control descriptions, etc. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft Word formats to the City. O&M and SOP Manuals will be combined into one document with the following chapters: x MF Feed Pumps x Strainers x MF System x MF CIP x RO Booster Pumps x RO System x RO CIP x Decarbonation System x Miscellaneous Chemical Feed Systems x Blending System Task 5 - General Assumptions x For the purposes of the scope and fee for Engineering Services during Construction (ESDC’s), the information included in the various subtasks are assumed based on the preliminary design drawings and specifications list. x The level of effort for Task 5 services is as-needed, dependent on number of Requests for Clarification (RFCs) from prospective bidders, number and quality of construction related submittals from the CONTRACTOR requiring CONSULANT’s review, and City’s needs for start- up assistance. Task 6 – Engineering Services During Solicitation and Construction of the NPP Odor Control Replacement The City will assemble and issue the bid packages for solicitation for a construction contractor. Assume a 4–month duration between the 100% Design Deliverable to award of the Construction Contract. The City has standard front-end specifications that will be issued as part of the construction bid package. CONSULTANT will review the front-end specifications to ensure that there are no conflicts between the front-end specifications and technical specifications from Task 2. Professional Services Contract No. C21178333 Rev. April 23, 2020 40 During solicitation, estimated to take up to 4 weeks, CONSULTANT shall provide the following services: CONSULTANT shall provide responses to Requests for Clarification (RFCs) from prospective bidders. CONSULTANT shall attend and assist the City at the pre-bid conf erence and walk through. CONSULTANT shall provide electronic and (3) three hard copies of the conformed design package (drawings and specifications) incorporating information issued as addenda and RFCs during the bid period. CONSULTANT will perform services during the construction phase of the project. By performing these services, CONSULTANT shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. CONSULTANT shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. During construction phase, estimated to take up to 10 months, CONSULTANT shall provide the following services: 6.1 Submittal Reviews CONSULTANT shall review submittals from the construction contractor for conformance with the construction contract documents. In general, the CONSULTANT shall review and return the submittal comments to the City within fourteen (14) calendar days. For large submittals that require more review time, the CONSULTANT may return submittal comments to the City with twenty-one (21) calendar days. 10 submittals, including resubmittals, are anticipated to be reviewed by the CONSULTANT. 4.1 6.2 RFI Responses CONSULTANT will prepare written responses to Requests for Information (RFIs) submitted by the contractor. The CONSULTANT shall review, comment, and return the RFI responses within seven (7) calendar days. 10 RFIs are anticipated to be reviewed and responded to by the CONSULTANT. 6.3 Change Order Reviews CONSULTANT will review and validate the Contract Change Order requests submitted by the contractor for accuracy and correctness, as requested by the City. Professional Services Contract No. C21178333 Rev. April 23, 2020 41 1 change order review is anticipated to be reviewed by the CONSULTANT. 6.4 Start-Up Assistance The CONSULTANT shall provide technical support during testing, start-up and commissioning of the AWPS. The CONSULTANT shall assist the City in monitoring, documenting, and/or validating any testing required by permitting agencies. CONSULTANT shall indicate the total number hours for technical field services during testing and start-up. 6.5 As-Built Review / Record Drawings CONSULTANT shall review once a month as-built or marked-up drawings and documents maintained by the contractor during construction. Upon construction completion, the CONSULTANT shall prepare consolidated record drawings and submit them to the City. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. CONSULTANT shall provide two (2) hardcopies (one full size and one half-size), one (1) electronic copy in PDF format, and one (1) electronic copy in AutoCAD 3D format to the City. 6.6 NPP Odor Control System O&M Manual CONSULTANT shall prepare the Operations and Maintenance (O&M) and Standard Operating Procedure (SOP) Manual for the new Odor Control System to reflect the changes to the normal and abnormal modes of operations, equipment and process descriptions, process control descriptions, etc. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft Word formats to the City. Task 6 - General Assumptions x For the purposes of the scope and fee for ESDC, the information included in the various subtasks are assumed based on the preliminary design drawings and specifications list. x The level of effort for Task 6 services is as-needed, dependent on number of RFCs from prospective bidders, number and quality of construction related submittals from the CONTRACTOR requiring CONSULANT’s review, and City’s needs for start-up assistance. Task 7 – Project Management 7.1 Project Controls CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight of the project to ensure that the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. Professional Services Contract No. C21178333 Rev. April 23, 2020 42 CONSULTANT shall prepare and distribute a Project Management Plan to include schedule, budget, roles, contracts and procedures. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT invoices that cover one calendar month. Monthly invoice packages are to include a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns. If State Revolving Fund (SRF) funding is used, progress reports shall include a summary of SRF eligible costs per month. CONSULTANT shall prepare, maintain and update project schedule for City’s review and comments, at least on a monthly basis. CONSULTANT shall perform the following on an ongoing basis: x Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs x Disseminate information to the design team x Prepare design submittals x Manage the project budget x Manage the project schedule x Manage sub-consultants x Manage QA / QC team 7.2 Project Meetings CONSULTANT shall hold a meeting at the initiation of the Project (Kick-Off Meeting), with the City Project Manager and Agency Partners to discuss overall project coordination, data collection, and project schedule. CONSULTANT shall provide meeting attendees with an agenda seven (7) calendar days in advance of the date of the meeting. CONSULTANT shall provide meeting attendees with summary minutes and electronic copies of any supplemental materials used during the Kick-Off Meeting no later than fourteen (14) calendar days from the date of the meeting. CONSULTANT shall conduct design review meetings at the 30%, 60%, and 90% design points as noted under Tasks 2 and 3 Deliverables. CONSULTANT will provide an agenda three (3) calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven (7) calendar days from the date of the meeting. CONSULTANT shall conduct remote (via phone or web conference services) Project Progress Meetings with City once a month. The frequency of Project Progress Meetings can be decreased Professional Services Contract No. C21178333 Rev. April 23, 2020 43 subject to City approval. CONSULTANT will provide an agenda three (3) calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven (7) calendar days from the date of the meeting. CONSULTANT shall attend in-person Construction Progress Meetings with City once a month. CONSULTANT will compile and distribute informal meeting minutes following Construction Progress Meetings no later than seven (7) calendar days from the date of the meeting. Task 7 - General Assumptions x Monthly construction meetings will have one member from the CONSULTANT virtually or in person. All other attendees will be via conference call. x All other meetings listed in this task will have one member from the CONSULTANT virtually or in person. All other attendees will be via conference call. V. TIME OF COMPLETION The project is budgeted for an estimated start date in Q1 2021, with a design duration timeline of 18 months followed by the Construction phase Engineering Services during Construction (ESDC). The construction funding source may be a CA SRF Loan. The SRF Loan process could potentially delay the start of the construction contract. Depending upon the funding sources, the construction of the project could be delayed or temporarily halted, affecting the engineering services during construction timetable. END OF SCOPE OF SERVICES Professional Services Contract No. C21178333 Rev. April 23, 2020 44 Task 1 - 1.125 MGD AWPS and Storage Tank - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends - 1 4 General Abbreviations 5 General Process Flow Diagram 6 General Hydraulic Profiles 7 General Code Classification Table 8 General General Notes 1 9 Civil General Notes and Legend 10 Civil Demolition Plan 11 Civil Site Plan 12 Civil Grading and Paving Plan 1 13 Civil Grading and Paving Plan 2 14 Civil Yard Piping Plan 1 15 Civil Yard Piping Plan 2 16 Civil Yard Piping Section and Details 17 Civil Miscellaneous Details 1 18 Civil Miscellaneous Details 2 19 Landscape ***Placeholder*** 20 Landscape ***Placeholder*** 21 Landscape ***Placeholder*** 22 Landscape ***Placeholder*** 23 Landscape ***Placeholder*** 24 Landscape ***Placeholder*** 25 Landscape ***Placeholder*** 26 Demo Blending Facilities Demolition Plan, Sections and Details 27 Demo Biofilter Demolition Plan, Sections and Details 28 Mechanical Process Mechanical - Legend and Abbreviations 29 Mechanical Miscellaneous Details 1 30 Mechanical Miscellaneous Details 2 31 Mechanical Miscellaneous Details 3 32 Mechanical Miscellaneous Details 4 33 Mechanical AWPS Overall Plan 34 Mechanical AWPS Overall Sections 35 Mechanical AWPS Overall Perspectives 36 Mechanical UV Disinfection Diversion Plan, Sections, And Details 37 Mechanical MF Feed Pump Station and Auto Strainers Plan 38 Mechanical MF Feed Pump Station and Auto Strainers Section 39 Mechanical MF System Overall; Operating Level Plan 40 Mechanical MF System Sections and Details 1 Professional Services Contract No. C21178333 Rev. April 23, 2020 45 Task 1 (cont.) Sheet No. Discipline Drawing Title 41 Mechanical MF System Sections and Details 2 42 Mechanical MF Backwash Pumps: Plan, Sections, And Details 43 Mechanical RO Feed Tank; Plan, Sections, And Details 44 Mechanical RO System Overall; Operating Level Plan 45 Mechanical RO System Overall; Sections 46 Mechanical RO System Sections and Details 1 47 Mechanical RO System Sections and Details 2 48 Mechanical Decarbonator/Post Treatment Plan, Sections and Details 49 Mechanical Product Water Storage Tank Plan 50 Mechanical Product Water Storage Tank Sections and Details 51 Mechanical Blended Facilities Plan, Sections, And Details 52 Mechanical Chemical Storage Area Overall 3D Views 53 Mechanical Chemical Storage Area Overall Plan 54 Mechanical Chemical Storage Area Sections and Details 1 55 Mechanical Chemical Storage Area Sections and Details 2 56 HVAC Legend, Abbreviations and General Notes 57 HVAC Details, Schedules & Sequence of Operations 58 HVAC Electrical Room Floor Plan 59 Plumbing Legend, Abbreviations and General Notes 60 Plumbing Details 61 Plumbing Schedules 62 Plumbing Overall Plumbing Plan 63 Fire Protection Electrical Room Fire Protection Plan 64 Fire Protection Electrical Room Fire Protection Schematic 65 Fire Protection Canopy Fire Protection Plan 66 Fire Protection Canopy Fire Protection Schematic 67 Architectural Electrical Building 68 Architectural Electrical Building 69 Architectural Electrical Building 70 Architectural Electrical Building 71 Architectural Electrical Building 72 Architectural Electrical Building 73 Architectural Electrical Building 74 Architectural AWPS Canopy 75 Architectural AWPS Canopy 76 Architectural AWPS Canopy 77 Structural AWPS Overall Foundation Plan 78 Structural AWPS Foundation Sections and Details Professional Services Contract No. C21178333 Rev. April 23, 2020 46 Task 1 (cont.) Sheet No. Discipline Drawing Title 79 Structural AWPS Foundation Sections and Details 80 Structural AWPS Foundation Sections and Details 81 Structural Clearwell Foundation and Top Plans 82 Structural Clearwell Sections and Details 83 Structural Chemical Storage Foundation Plan 84 Structural Chemical Storage Foundation Sections and Details 85 Structural Chemical Storage Foundation Sections and Details 86 Structural Electrical Building Foundation and Roof Plans 87 Structural Electrical Building Sections and Details 88 Structural Structural Notes 89 Structural Structural Loading Criteria 90 Structural Structural Legends and Abbreviations 91 Structural Typical Pile Details and Schedule 92 Structural Std Concrete Joint Details 93 Structural Std Concrete Rein Details 94 Structural Typ Masonry Wall Reinf Details 95 Structural Typ Masonry Lintel & Jamb Details 96 Structural Steel Decking Schedule 97 Structural Steel Roof to Masonry Wall Connection Details 98 Structural Guardrail & Handrailing Details 99 Structural Typical Stair and Ladder Details 100 Structural Pipe Support Details (1 of 2) 101 Structural Pipe Support Details (2 of 2) 102 Electrical Legend 103 Electrical Abbreviations and Notes 104 Electrical Site Plan 105 Electrical Ductbank Sections and Schedules 106 Electrical Power Distribution Functional Diagram 107 Electrical MCC One-Line Diagrams 108 Electrical MCC One-Line Diagrams 109 Electrical MCC One-Line Diagrams 110 Electrical PLC One-Line Diagrams 111 Electrical PLC One-Line Diagrams 112 Electrical Chemical Feed One-Line Diagrams 113 Electrical Miscellaneous One-Line Diagrams 114 Electrical Schematics 115 Electrical Schematics 116 Electrical Electrical Building Power and Lighting Plans 117 Electrical Treatment Facility Power and Lighting Plan 1 118 Electrical Treatment Facility Power and Lighting Plan 2 119 Electrical Treatment Facility Power and Lighting Plan 3 Professional Services Contract No. C21178333 Rev. April 23, 2020 47 Task 1 (cont.) Sheet No. Discipline Drawing Title 120 Electrical Treatment Facility Power and Lighting Plan 4 121 Electrical Lighting Fixture and Panelboard Schedules 122 Electrical Details 123 Electrical Details 124 Electrical Title 24 125 Electrical Title 24 126 Instrumentation Legend & Abbreviations - Sheet 1 Of 3 127 Instrumentation Legend & Abbreviations - Sheet 2 Of 3 128 Instrumentation Legend & Abbreviations - Sheet 3 Of 3 129 Instrumentation Overall Control Network Diagram 130 Instrumentation AWPS Instrumentation Installation Details Sheet 1 Of 2 131 Instrumentation AWPS Instrumentation Installation Details Sheet 2 Of 2 132 Instrumentation AWPS Panel Details 133 Instrumentation AWPS Panel Details 134 Instrumentation AWPS Control Network Diagram 135 Instrumentation AWPS Security System Diagram 136 Instrumentation P&ID MF Feed Pumps and Strainers 137 Instrumentation P&ID MF Unit 1 138 Instrumentation P&ID MF Unit 2 139 Instrumentation P&ID MF Unit 3 140 Instrumentation P&ID MF Air Scour Blowers 141 Instrumentation P&ID MF Backwash Tank and Pumps 142 Instrumentation P&ID MF CIP 143 Instrumentation P&ID RO Feed Tank and Booster Pumps 144 Instrumentation P&ID RO Feed Pumps and Cartridge Filters 145 Instrumentation P&ID RO Unit 1 146 Instrumentation P&ID RO Unit 2 147 Instrumentation P&ID RO Flush System 148 Instrumentation P&ID RO CIP 149 Instrumentation P&ID RO Concentrate Pump 150 Instrumentation P&ID Decarbonators 151 Instrumentation P&ID RO Permeate Tank, Blending Facilities, & Product Water 152 Instrumentation P&ID MF Air Compressor 153 Instrumentation P&ID Aqueous Ammonia Storage and Feed System 154 Instrumentation P&ID Sodium Hypochlorite Storage System 155 Instrumentation P&ID Sodium Hypochlorite Feed System 156 Instrumentation P&ID Coagulant Storage and Feed System 157 Instrumentation P&ID Sodium Hydroxide Storage System 158 Instrumentation P&ID Sodium Hydroxide Feed System 159 Instrumentation P&ID Citric Acid Storage and Feed System 160 Instrumentation P&ID Sulfuric Acid Storage and Feed System Professional Services Contract No. C21178333 Rev. April 23, 2020 48 Task 1 (cont.) Sheet No. Discipline Drawing Title 161 Instrumentation P&ID Sodium Bisulfite Storage and Feed System 162 Instrumentation P&ID Antiscalant Storage System Task 2 – NPP Odor Control System Replacement - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends, Abbreviations, General Notes 4 Civil General Notes and Legend 5 Civil Site Plan and Details 6 Mechanical Process Mechanical - Legend and Abbreviations 7 Mechanical Odor Control System Plan, Sections, and Details 8 Structural Structural Notes, Legends, and Abbreviations 9 Structural Odor Control System Foundation Plan, Sections, and Details 10 Electrical Legend 11 Electrical Abbreviations and Notes 12 Electrical Odor Control Power and Lighting Plan 13 Electrical One-Line Diagrams 14 Instrumentation Legend & Abbreviations 15 Instrumentation P&ID Odor Control System Task 3 - Expansion of AWPS to 2.25 MGD - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends - 1 4 General Abbreviations 5 General Process Flow Diagram 6 General Hydraulic Profiles 7 General General Notes 1 8 Civil General Notes and Legend 9 Civil Demolition Plan 10 Civil Site Plan 11 Civil Grading and Paving Plan 1 12 Civil Yard Piping Plan 1 13 Civil Yard Piping Plan 2 14 Civil Yard Piping Section and Details 15 Civil Miscellaneous Details 1 16 Civil Miscellaneous Details 2 Professional Services Contract No. C21178333 Rev. April 23, 2020 49 Task 3 (cont.) Sheet No. Discipline Drawing Title 17 Landscape ***Placeholder*** 18 Landscape ***Placeholder*** 19 Landscape ***Placeholder*** 20 Demo ***Placeholder*** 21 Demo ***Placeholder*** 22 Mechanical Process Mechanical - Legend And Abbreviations 23 Mechanical Miscellaneous Details 1 24 Mechanical Miscellaneous Details 2 25 Mechanical Miscellaneous Details 3 26 Mechanical Miscellaneous Details 4 27 Mechanical AWPS Overall Plan 28 Mechanical AWPS Overall Sections 29 Mechanical AWPS Overall Perspectives 30 Mechanical MF Feed Pump Station and Auto Strainers Plan 31 Mechanical MF Feed Pump Station and Auto Strainers Section 32 Mechanical MF System Overall; Operating Level Plan 33 Mechanical MF System Sections and Details 1 34 Mechanical MF System Sections and Details 2 35 Mechanical RO System Overall; Operating Level Plan 36 Mechanical RO System Overall; Sections 37 Mechanical RO System Sections and Details 1 38 Mechanical RO System Sections and Details 2 39 Mechanical Decarbonator/Post Treatment Plan, Sections and 40 Mechanical Product Water Storage Tank Plan 41 Mechanical Product Water Storage Tank Sections and Details 42 Mechanical Blending Facilities Plan, Sections, And Details 43 Mechanical Chemical Storage Area Overall 3D Views 44 Mechanical Chemical Storage Area Overall Plan 45 Mechanical Chemical Storage Area Sections And Details 1 46 Architectural New Storage Tank 47 Structural Structural Notes 48 Structural Structural Loading Criteria 49 Structural Structural Legends and Abbreviations 50 Structural Clearwell Foundation and Top Plans 51 Structural Clearwell Sections and Details 52 Structural Typical Pile Details and Schedule 53 Structural Std Concrete Reinf Details 54 Structural Guardrail & Handrailing Details 55 Structural Pipe Support Details 56 Electrical Legend 57 Electrical Abbreviations and Notes Professional Services Contract No. C21178333 Rev. April 23, 2020 50 Task 3 (cont.). Sheet No. Discipline Drawing Title 58 Electrical Site Plan and Ductbank Sections 59 Electrical MCC One-Line Diagrams 60 Electrical PLC and Chemical Feed One-Line Diagrams 61 Electrical Miscellaneous One-Lines and Schematics 62 Electrical Electrical Building Power Plan 63 Electrical Treatment Facility Power Plan - AWPS 64 Electrical Treatment Facility Power Plan - Chemical 65 Electrical Treatment Facility Power and Lighting Plan - Tank 66 Electrical Miscellaneous Power Plans 67 Electrical Schedules and Details 68 Instrumentation Legend & Abbreviations - Sheet 1 Of 3 69 Instrumentation Legend & Abbreviations - Sheet 2 Of 3 70 Instrumentation Legend & Abbreviations - Sheet 3 Of 3 71 Instrumentation Overall Control Network Diagram 72 Instrumentation AWPS Instrumentation Installation Details Sheet 73 Instrumentation AWPS Panel Details 74 Instrumentation AWPS Control Network Diagram 75 Instrumentation P&ID MF Feed Pumps and Strainers 76 Instrumentation P&ID MF Unit 4 77 Instrumentation P&ID MF Unit 5 78 Instrumentation P&ID MF Air Scour Blowers 79 Instrumentation P&ID MF Backwash Tank and Pumps 80 Instrumentation P&ID MF CIP 81 Instrumentation P&ID RO Feed Tank and Booster Pumps 82 Instrumentation P&ID RO Feed Pumps and Cartridge Filters 83 Instrumentation P&ID RO Unit 3 84 Instrumentation P&ID RO Unit 4 85 Instrumentation P&ID RO Flush System 86 Instrumentation P&ID RO Concentrate Pumps 87 Instrumentation P&ID Decarbonators 88 Instrumentation P&ID RO Permeate Tank 89 Instrumentation P&ID Sodium Hydroxide Storage and Feed System 90 Instrumentation P&ID Citric Acid Storage and Feed System Professional Services Contract No. C21178333 Rev. April 23, 2020 51 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Weeks From NTP 1. Kickoff Meeting 01 2. 100% design of Odor Control System (Task 2) 32 3. 60% design of Phase 1 AWPS (1.125 MGD) (Task 1) 43 4. Services during Bidding of Odor Control System (Task 6) 56 5. 100% design of Phase 1 AWPS (1.125 MGD) (Task 1) 71 6. 100% design of Phase 2 AWPS (2.25 MGD) (Task 3) 84 7. Services during Construction of Odor Control System (Task 6) 97 8. Services during Bidding of Phase 1 AWPS (Task 5) 101 9. Services during Construction of Phase 1 AWPS (Task 5) 174 The Parties acknowledge that this Agreement is being entered into in the context of a pandemic (known as the COVID-19 pandemic), which has the potential to cause disruptions and delays to the work beyond the Parties’ reasonable control. The Parties agree that an actual delay directly required by compliance with COVID-19 governmental orders or regulations, and not due to fault or negligence of the CONSULTANT, may be considered an excusable delay (as below) in accordance with this section. CONSULTANT may be entitled to an equitable adjustment in schedule in the event such COVID-19-related delays occur, but only to the extent reasonably required based upon the circumstances, as agreed in writing by the CITY’s Project Manager. Professional Services Contract No. C21178333 Rev. April 23, 2020 52 A COVID-19-related excusable delay will not be a default or a ground for termination for cause of the Agreement, provided that the CONSULTANT provides the CITY with prompt and detailed notice of the COVID-19-related delay as soon as is reasonably feasible under the circumstances and uses reasonable efforts to overcome the effects of such delay as promptly as reasonably feasible under the circumstances. Notwithstanding the above provisions of this Section, in the event of a period of nonperformance by CONSULTANT lasting more than thirty (30) days due to a COVID-19-related delay, CITY may elect to terminate this Agreement pursuant to Section 19 (Termination) herein. Professional Services Contract No. C21178333 Rev. April 23, 2020 53 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 – (Detailed Design of 1.125 MGD AWPS and Storage Tank) $1,748,290 Task 2 – (Detailed Design of Odor Control System for the New Pumping Plant) $116,490 Task 3 – (Detailed Design Expansion for 2.25 MGD Production and Storage) $233,890 Task 4 – (Permitting for 1.125 MGD AWPS) $198,370 Task 5 – (Engineering Services during Solicitation and Construction of the 1.125 MGD AWPS) $412,060 Task 6 – (Engineering Services during Solicitation and Construction of the NPP Odor Control Replacement) $47,510 Task 7 – (Project Management) $136,980 Total Basic Services $2,893,600 Additional Services (Not to Exceed) $289,360 Maximum Total Compensation $3,182,960 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Professional Services Contract No. C21178333 Rev. April 23, 2020 54 A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000 sha ll be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Professional Services Contract No. C21178333 Rev. April 23, 2020 55 EXHIBIT “C-1” SCHEDULE OF RATES (PAGE 1 OF 3) ~ IBLACK & VIEATCH ~. 1B 11 i ld 'ng wor ld o·r di ·e.ren:0 ,• Billing Rat e Sc he dulles City of Palo Allt.o Advanced Water IPurifiication S,ys tem Proj ec t Bl ack & V eat c h Classiifica.tiion C lien t Diiredor, SL P roject Ma nag1e r, S r. Qua lity rv1a nager (Gra de 9) Proj ect Ma n ager, S r.. En g ineer (G ra de 8) Proj ect rv1a n ager, S r.. En g ineer {G ra de 7 ) E ng in ee r/Sc ie 1 ist (G rade 6) E ng iin ee r/Sc ie 1 is (Grade 5), BIM !Manager (Tech 8), E ng iin ee r/Sc ien is (G ra de 4), S r .. B IIIM (Tec h 7), E ng iin ee r/Sc ien ist (G ra de 3), BIM L ead (Tech 6) E ng in ee r/Sc ien is (G ra de 2 ), BIM (Tech 5), E ng iin ee r/S c i en is (G rade 1 ), BIM (Tech 4 ), B IIIM /CAD (Tech 3) CAD (Tech 2 ), Ad ministrat ive Ass is t ant CAD (Tech 1 ), En gi n eerin g Inte rn 2020 Bil I in g Rates held co nstant with no ,escalat io 1 thro u • h Dece mber 2022. g Oct ober n 202 0 Bill li n g Rates $27 1.34 $257 .54 $239 .. 14 $2 111 .. 55 $183.96 $160 .96 $137 .. 97 $1 2 8 .77 $1119 .57 $105 .78 $96.58 $9 '1 .. 98 Professional Services Contract No. C21178333 Rev. April 23, 2020 56 EXHIBIT “C-1” SCHEDULE OF RATES (PAGE 2 OF 3) ~ IBLACK&VEA:TCH ~-IB 1c1 1n 51 wo lld "' dlff,e ,"'ooe-: Billing Rate Sclh edu1l1e.s City o,f Pa lo A lt o Advan ce d W ate r Pu ri fi cat ion S,yste mi Proj ect Si,eg h-1i.ed Clllassiiffii cat i 011 Ma nag ing1 Pr ino ipal Principa l Senior Assoo ia te Assoc ·are Proj ecit Eng,ineer Eng in.eer 11 Eng in.eer I Oler ica l Sentor I echllil ician T ech11 ioia ii 111 T ech11ioie1 ii 11 T ech11ioia ii I I il stru mentrnan (DI R"") 01 aililman (DI R"'"') Proj ecit Surveyor Surveyor II Su rveyor I Proj ecit Landscap e Architeci Landscap e Archite ct II Landscap e Architect I 2 020 IB i'lli:ng Rates heild con,st.ml:. To o escs'l at ior11, ttlmugh Oe c e m be r ·20 22. Octob:e r-13, 2 0 2 0, B lli ng Rates 298 .48 263 .36 237.03 1194.89 168.55 151.00 1133.44 $7725 ·129_93 11119.39 1105 .35 $87.79 $242.JO 1182 .00 168 .55 1I5·1.oo 133 .44 "1158.02 1 0.46 $1133.44 Professional Services Contract No. C21178333 Rev. April 23, 2020 57 EXHIBIT “C-1” SCHEDULE OF RATES (PAGE 3 OF 3) ~ B ILACK&VEATCH ~-n li:tln 51 a wo tld or dlflii!RM..,. !B illin g R.at:e Sched u l,es City o,f Pa lo Alto Advanced Wa ter !Pu rifi cation System Proj ect EDA. (Jilissifiicati 0111 Princ i pa l Proj ect Mania,g,er 111 Assoc l e II Adm i mslra tive Assi stant 2020 B i'll r_n g Ra· s h~d con-s-ta111 t. "ti, o escalaiio 111, throu gh D e ce mber 2il22. Cal Engilllleer illll g &. Geo1~ogy Cl ass ificatiion Prin ci pa l Asso ciate Senior IEng,i neer Proj ect Eng,ineer Staff Eng,i 11eer Senior G ISI CADD Speci list Proj ecit Ass · stant 2020 B i'll in g Ra·es h~d con-s-ta111 "ti, o escalaiio ni, throu gh D e ce mber 2il22. Badger Day'llighti ng Classification Hydro vac -R!e,g;u1ar Ti me ( 11 operator) Hydrovac -Ov erti me (1 operator) Assume o:n e 1 2-tmur d a y for polnolin g . Oct,ober 13, 2 0 20 Bi lli ng Rates _287 .00 279.00 1175 .00 $a2.m1 Bi lli ng Rates 24[l00 215.00 20 0.00 $160.00 $11 5.00 $140.00 $85.00 Bii lli ng Rates 295 .00 $345 .00 Professional Services Contract No. C21178333 Rev. April 23, 2020 58 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIR ED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $2,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: Professional Services Contract No. C21178333 Rev. April 23, 2020 59 A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP Professional Services Contract No. C21178333 Rev. April 23, 2020 60 EXHIBIT “E” DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONSULTANT of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854- compliance monitoring and enforcement by DIR. CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. □ Professional Services Contract No. C21178333 Rev. April 23, 2020 61 If the certified payroll records are not produced to the project manager within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. 1 Minor, Beth From:Shikada, Ed Sent:Friday, March 5, 2021 7:17 PM To:Council, City Cc:Executive Leadership Team; Brettle, Jessica Subject:Council Agenda Consent Questions for March 8, Items 3, 4, 5 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries made by Council Member Tanaka in regard to the March 8, 2021 Council Meeting agenda.  Item 3: Contract Approval for Design of Advanced Water Purification System Project at RWQCP  Item 4: Amendment to Extend Term with SAP for Five Years  Item 5: Ramos Park ‐ Park Improvement Ordinance Item 3: Contract Approval for Design of Advanced Water Purification System Project at RWQCP 1. The relatively high costs of the required infrastructure (specifically the distribution infrastructure) are major financial constraints to the implementation of water reuse. Where does staff see fit to make a budget tradeoff to pay for this? With education, rent relief to renters/businesses, transportation, staffing, etc.? Especially if the project requires additional funding Distribution infrastructure is typically a high cost barrier for implementation of recycled water systems. In our case, the basic distribution lines and laterals are already established in Palo Alto on Embarcadero Road and East Bayshore Road and in Mountain View in the North Bayshore area. The Advanced Water Purification System (AWPS) facility will improve the recycled water quality for current and future customers. The City of Mountain View, our partner agency, supports this project. Mountain View has 60 current potable water customers waiting for improved recycled water quality to connect to the existing recycled water piping distribution system. Design fees are reimbursed by Valley Water per the Partnership Agreement approved by Council in December 2019 (See SR#10627 with link in the Staff Report). Valley Water agreed to pay $16 million dollars towards the design and construction of the local AWPS facility. Any costs in excess of $16 million will be paid 75% by Mountain View and 25% by Palo Alto and partner agencies, through wastewater rates. Wastewater collection and treatment funds cannot be used to pay for unrelated services such as those included in the question, and the reference to budget tradeoffs is therefore not applicable. 2 2. If approved, how will it be ensured that all community members equally receive water distribution and benefit, especially in harder to reach areas? Recycled water reduces the need for imported potable water, which benefits all community members. Our recycled water system, like others, is cost effective by having a limited distribution system delivering recycled water to those sites that have adequate usage to justify the high initial capital cost of the distribution pipeline (e.g., golf courses, parks, business parks, etc.). Those without connections to the distribution system can be permitted to fill up a truck of recycled water using the truck‐fill standpipe at the RWQCP or can hire a hauling company to utilize recycled water. 3. Is this genuinely urgent? Or can the city prioritize more pressing needs, especially pandemic related needs, rather than investing in a project that is not going to solve something life‐threatening and only serve the purpose of just quality? As described in the response to Question 2, this project reduces reliance on imported water, which is a basic resource for the community. Drought mitigation is an urgent matter statewide. The funds to be used for the design and construction of the AWPS cannot be used for pandemic‐related needs or other pressing needs outside of the scope of the terms of the Partnership Agreement between Valley Water, Mountain View, and Palo Alto. Item 4: Amendment to Extend Term with SAP for Five Years 1. When do you expect for phase 2 of the business functionality program to be presented to council? Staff is expecting to bring Phase 2 to council early calendar year 2022. 2. In 2007 & 2013 new contracts were signed with SAP, but 2015 onward, extensions were made. What instigated the change in extension structures? Upon review in collaboration with our legal counsel, it was determined that creating amendments to extend and negotiate these amendments with SAP would be a more appropriate path to ensured that all elements of the agreement are incorporated and document the overall relationship with the service provider. 3. Is the contract seeking to renew licensing for the integral software or is it simply a tech support service? This contract is to renew the agreement with the software provider, SAP, for maintenance, technical support, and technical support services in order to maintain the software license the City owns. This contract allows the City to apply the latest security, technical (such as issuance of support packs for compliance reasons), and business‐ related software fixes released by SAP. The City staff also leverage SAP’s Enterprise (technical) support for software‐related issues that arise during day‐to‐day business processes. 4. What are the alternatives to SAP? The memorandum articulates the alternatives, including the option to procure and entirely new system with the solicitation through RFP issued in August of 2017. The city 3 received thirteen proposals and through a competitive proposal evaluation process, three vendors were shortlisted. After a rigorous bid evaluation process and additional due diligence performed by city staff, it was identified that the cost to procure and implement a new ERP was much higher than anticipated. Executive staff reviewed the findings and determined that, considering the costs of implementation and ongoing costs, a new ERP was not fiscally prudent. The RFP was cancelled on November 14, 2018, and the vendors were notified of the cancellation. Rather than adopting a new ERP, the City opted to upgrade its legacy SAP ERP system which reached its end of life. The upgraded version, SAP’s ERP Suite on HANA ensures the city remains on a support version including maintenance and security patches from the service provider. Should Council wish to immediately pursue an alternative to SAP, this direction could appropriately be made as part of budget actions for the upcoming fiscal year. 5. Is it essential to upgrade the software in the middle of a budget crisis? The recommended action is for support, not an upgrade. Nonetheless, the City’s legacy system, that reached its end of life was approved to be upgraded by the City Council and work started in 2019 before the pandemic began. Had the City chosen to halt work on the upgrade, it would remain on a system no longer supported by the provider, leaving the City at risk to security vulnerabilities as well as instability of the application. The upgraded system ensures the City remain on a currently supported software version for support and security purposes. 6. What are the main services of SAP? What features will we lose access to if we do not renew the contract? As outlined in page 3 of the staff report, SAP supports core business processes in Finance (accounting, biweekly payroll, accounts payable/receivable, budget), procurement, human resources management, capital project management, and Utilities’ operations (meter read, billing, payment, collection, and workorders). Should this contract not be approved, the City would no longer have support or access to security patches and software patches, nor would staff have support should daily operations be impeded by software related bugs or issues. Item 5: Ramos Park ‐ Park Improvement Ordinance 1. Since the survey for the renovation project only had 198 responses, is there an urgency to complete this project soon or can it wait? The survey was intended to supplement the previous community outreach meetings about the Capital improvement Program (CIP) project for Ramos Park. The urgency to complete the project is primarily driven by the age and condition of the infrastructure that will be replaced with the project. The Ramos Playground was built in 1994. Playgrounds are typically replaced every 15 to 20 years. Playgrounds that have exceeded the typical replacement age are more costly and challenging to repair due to the lack of available replacement parts and the requirements to bring other playground parts or elements into compliance with current playground safety standards. As with all older playgrounds, it is difficult to predict when parts will need repair or replacement, but the need for costly repairs increases as the playgrounds exceed 20 years old. 2. What were the questions asked in the survey? 4 There were seven questions in the survey. The survey questions and results can be found here: https://www.cityofpaloalto.org/civicax/filebank/documents/80488 3. Since you said the response from the survey was “positive and supportive”, what questions were the responses positive and supportive? Additionally, were all responses positive, if not, what is the ratio of positive and negative responses? A majority of the survey respondents supported a fenced dog park, security lighting, basketball court striping on the large paved area (currently no striping), the addition of play equipment for older children (5‐12) at the existing playground (currently only for 2‐ 5 year olds), native/habitat planting, and the extension of the walkway. These items were all supported by 59% or more of the 198 respondents to the survey. Support for the restroom was approximately a 50/50 split, with 97 in favor and 100 opposed. The Parks and Recreation Commission considered the survey information and other community input in its review of the project, and recommends including the restroom. 4. How much will the renovation cost including the installation of the restroom? The CIP project for Ramos Park (PG‐14000) has funding of $271,000 for the replacement of the playground equipment; replacement of benches, trash receptacles, and the drinking fountain; and accessibility improvements. As part of the City’s continued effort to provide restroom facilities in parks, Ramos Park was identified in the Parks Master Plan (2017) as one of six parks at which the City would actively pursue installing a restroom. CIP project PG‐19000, Parks Restroom Installation, will provide funding of $350,000 for installation of the new restroom facility. This funding comes from Park Development Impact Fees. The total project cost is $621,000. 5. Does it make sense to be renovating the bathrooms especially since they can’t be used at the moment? The recommended plan includes a new restroom, not a renovation. All park and open space restrooms are open and have been open since late March 2020. Thank you. Ed Shikada City Manager 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329‐2280 ed.shikada@cityofpaloalto.org City of Palo Alto (ID # 11810) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Amendment to Extend Term with SAP for Five Years Title: Approval of an Exemption to Competitive Solicitation Requirements for Contract Number C14151181 With SAP Public Service, Inc. and Approval of an Amendment to Contract Number C14151181 W ith SAP Public Service, Inc. to Extend the Term for Five -years for Maintenance and Support of the ERP System in the Total Not-to-Exceed Amount of $1,586,512, Approximately $317,300 Annually From: City Manager Lead Department: IT Department Recommendation Staff recommends that the City Council approve by Council action, per PAMC 2.30.360(b)(2), an exemption from competitive solicitation requirements, and approve and authorize the City Manager or his designee to execute the attached amendment providing a five-year extension to the software maintenance and support contract with SAP Public Service, Inc. (C14151181) in the total amount not to exceed $1,586,512 through December 31, 2025, subject to the annual appropriation of funds (SAP Amendment C14151181). Background The City’s history with SAP began in 2002, when the City selected SAP as its preferred vendor for an Enterprise Resource Planning (ERP) system. The purpose was integrating various business processes within the City, which enabled staff to move in the direction of electronic government. The SAP system has been running since 2003, supporting Accounting, Finance, Purchasing, Project Management, Plant Maintenance, Budgeting, Payroll, Human Resource Management, and Service Order Management. In 2009, the City completed a major upgrade and replaced the former utility billing system (Banner) with the implementation of the SAP Industry Solution Utilities (IS-U) module, which includes Customer Relationship Management, Utilities Customer Electronic Services (also known as My Utilities Account customer portal), and Business Intelligence systems. In August of 2017, staff published an RFP to procure a new ERP (RFP 169033). The city received thirteen proposals and through a competitive proposal evaluation process, three vendors were City of Palo Alto Page 2 shortlisted. After a rigorous bid evaluation process and additional due diligence performed by city staff, it was identified that the cost to procure and implement a new ERP was much higher than anticipated. Executive staff reviewed the findings and determined that, considering the costs of implementation and ongoing costs, a new ERP was not fiscally prudent. The RFP was cancelled on November 14, 2018, and the vendors were notified of the cancellation. Rather than adopting a new ERP, the City opted to upgrade its legacy SAP ERP system which reached its end of life. The upgraded version, SAP’s ERP Suite on HANA ensures the city remains on a support version including maintenance and security patches f rom the service provider. In addition, this version provides access to new functionality such as single sign -on, mobile applications, disaster preparedness leveraging the cloud, and perfor mance improvements with data processing. In Fiscal Year 2021, SAP was upgraded to latest enhancements packs in order to provide additional functionality and enhance business processes. This upgrade included Single Sign On (SSO), hosting on the SAP environment in the Cloud, and replacement of the underlying Oracle database with the SAP HANA database. This improved SAP users’ login experience and enhanced SAP system performance. To activate newly available business functionality in the upgraded SAP environment, the City will continue making improvements using the expertise and services of approved SAP professional on-call vendors. With phase 1 of the upgrade now complete, staff will turn its attention to leveraging and implementing new business functionality. Once the scope and business requirements have been finalized, contracts and resources for this expected phase 2 will be brought forward for City Council review and approval per financial and procurement policies and procedures. The original contract with SAP was signed in 2002. The following are additional amendments that have been completed over the lifecycle of this system: • In 2007, a new five-year contract was executed, which expired on December 31, 2012. • In 2013 a new three-year contract was executed, which expired on December 31, 2015. • On November 2, 2015, a contract amendment was executed, which expired on December 31, 2018 - (CMR 5955). • On December 17, 2019, the contract was amended to extend the term until December 31, 2020 (CMR 9827); and • On October 7, 2019, to add the additional licensing and support for the SAP upgrade (CMR 10033). Discussion SAP is a highly complex system with processes integrated between various modules. SAP requires a high degree of specialized expertise to provide effective ongoing maintenance and support. By supporting the critical business processes in Finance, Procurement, HR, and Utilities’ Meter Read – Billing – Payment – Collection, SAP ERP is an integral part of the City’s business City of Palo Alto Page 3 continuity. Examples of City functionalities and operations managed in the SAP ERP include: • Managing and maintaining revenue and spending authority for the City budget of over a half billion dollars • Issuing 11,000 Accounts Payable checks, processing 2,200 purchase documents, and issuing 26,000 payroll checks annually • Generating 370,000 utilities invoices and collecting approximately $250 million for 30,500 utilities accounts • Administering 18,000 active customer accounts registered to use “My Utilities Account” for e-bills and online payments • Interfacing with City Business Partners such as Wells Fargo, US Bank, JP Morgan (procurement card services), Green Waste (refuse) as well as other non -SAP City systems The current SAP contract encompasses basic SAP maintenance and support of standard software. This includes programming defect corrections (i.e., Service Packs), SAP security patches, functionality upgrades, and legally mandated enhancements (i.e., HR/Payroll). The recommended extension of the SAP contract is critical to provide the City’s ERP system and ensure the system is functioning optimally by continuing basic licensing and support for the software. This includes services mentioned previously as well as support resolution from SAP when errors arise in the system and potential solutions to these challenges. A solicitation would be impractical at this time as SAP was recently upgraded in Fiscal Year 2021 to extend the life of the system. SAP was selected through a competitively bid, formal RFP process upon procurement of the system, and reaffirmed as the ERP system post the 2017 RFP process that resulted in the decision to complete the most recent upgrade. Staff is requesting an exemption from competitive solicitation, Ref. PAMC 2.30.360(b)(2). Looking ahead, staff anticipates reviewing and evaluating the longer-term viability of continuing with SAP no later than 2024. Resource Impact Funding for the first year of this contract amendment was budgeted in the Technology Fund as part of the Fiscal Year 2021 Adopted Budget. Funding for this contract in subsequent fiscal years is subject to annual appropriation of funds. During the term of this Amendment, the service provider has the right to institute an annual Consumer Price Index (CPI) increase no greater than 3.2% per year. For calendar year 2021, the support fees will remain the same as in calendar year 2020 as the service provider did not impose any CPI increase. The annual amounts below reflect the possible maximum annual cost, including the 3.2% CPI increase, in the event such increases are instituted. January 1, 2021 – December 31, 2021, $297,635 January 1, 2022 – December 31, 2022, $307,159 January 1, 2023 – December 31, 2023, $316,988 January 1, 2024 – December 31, 2024, $327,132 City of Palo Alto Page 4 January 1, 2025 – December 31, 2025, $337,600 Policy Implications Approval of these contracts is consistent with current City policies. Stakeholder Engagement Phase 1 of the SAP upgrade is now complete. Through this upgrade, staff has seen improved performance, ease of operation and reduction in Service Desk tickets d ue to the introduction of Single Sign On features. The Information Technology Department is working with all City departments on training, functionality, better reporting capabilities, and further enhancements. Environmental Review This is not a project under the California Environmental Quality Act (CEQA). 1 Minor, Beth From:Shikada, Ed Sent:Friday, March 5, 2021 7:17 PM To:Council, City Cc:Executive Leadership Team; Brettle, Jessica Subject:Council Agenda Consent Questions for March 8, Items 3, 4, 5 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries made by Council Member Tanaka in regard to the March 8, 2021 Council Meeting agenda.  Item 3: Contract Approval for Design of Advanced Water Purification System Project at RWQCP  Item 4: Amendment to Extend Term with SAP for Five Years  Item 5: Ramos Park ‐ Park Improvement Ordinance Item 3: Contract Approval for Design of Advanced Water Purification System Project at RWQCP 1. The relatively high costs of the required infrastructure (specifically the distribution infrastructure) are major financial constraints to the implementation of water reuse. Where does staff see fit to make a budget tradeoff to pay for this? With education, rent relief to renters/businesses, transportation, staffing, etc.? Especially if the project requires additional funding Distribution infrastructure is typically a high cost barrier for implementation of recycled water systems. In our case, the basic distribution lines and laterals are already established in Palo Alto on Embarcadero Road and East Bayshore Road and in Mountain View in the North Bayshore area. The Advanced Water Purification System (AWPS) facility will improve the recycled water quality for current and future customers. The City of Mountain View, our partner agency, supports this project. Mountain View has 60 current potable water customers waiting for improved recycled water quality to connect to the existing recycled water piping distribution system. Design fees are reimbursed by Valley Water per the Partnership Agreement approved by Council in December 2019 (See SR#10627 with link in the Staff Report). Valley Water agreed to pay $16 million dollars towards the design and construction of the local AWPS facility. Any costs in excess of $16 million will be paid 75% by Mountain View and 25% by Palo Alto and partner agencies, through wastewater rates. Wastewater collection and treatment funds cannot be used to pay for unrelated services such as those included in the question, and the reference to budget tradeoffs is therefore not applicable. 2 2. If approved, how will it be ensured that all community members equally receive water distribution and benefit, especially in harder to reach areas? Recycled water reduces the need for imported potable water, which benefits all community members. Our recycled water system, like others, is cost effective by having a limited distribution system delivering recycled water to those sites that have adequate usage to justify the high initial capital cost of the distribution pipeline (e.g., golf courses, parks, business parks, etc.). Those without connections to the distribution system can be permitted to fill up a truck of recycled water using the truck‐fill standpipe at the RWQCP or can hire a hauling company to utilize recycled water. 3. Is this genuinely urgent? Or can the city prioritize more pressing needs, especially pandemic related needs, rather than investing in a project that is not going to solve something life‐threatening and only serve the purpose of just quality? As described in the response to Question 2, this project reduces reliance on imported water, which is a basic resource for the community. Drought mitigation is an urgent matter statewide. The funds to be used for the design and construction of the AWPS cannot be used for pandemic‐related needs or other pressing needs outside of the scope of the terms of the Partnership Agreement between Valley Water, Mountain View, and Palo Alto. Item 4: Amendment to Extend Term with SAP for Five Years 1. When do you expect for phase 2 of the business functionality program to be presented to council? Staff is expecting to bring Phase 2 to council early calendar year 2022. 2. In 2007 & 2013 new contracts were signed with SAP, but 2015 onward, extensions were made. What instigated the change in extension structures? Upon review in collaboration with our legal counsel, it was determined that creating amendments to extend and negotiate these amendments with SAP would be a more appropriate path to ensured that all elements of the agreement are incorporated and document the overall relationship with the service provider. 3. Is the contract seeking to renew licensing for the integral software or is it simply a tech support service? This contract is to renew the agreement with the software provider, SAP, for maintenance, technical support, and technical support services in order to maintain the software license the City owns. This contract allows the City to apply the latest security, technical (such as issuance of support packs for compliance reasons), and business‐ related software fixes released by SAP. The City staff also leverage SAP’s Enterprise (technical) support for software‐related issues that arise during day‐to‐day business processes. 4. What are the alternatives to SAP? The memorandum articulates the alternatives, including the option to procure and entirely new system with the solicitation through RFP issued in August of 2017. The city 3 received thirteen proposals and through a competitive proposal evaluation process, three vendors were shortlisted. After a rigorous bid evaluation process and additional due diligence performed by city staff, it was identified that the cost to procure and implement a new ERP was much higher than anticipated. Executive staff reviewed the findings and determined that, considering the costs of implementation and ongoing costs, a new ERP was not fiscally prudent. The RFP was cancelled on November 14, 2018, and the vendors were notified of the cancellation. Rather than adopting a new ERP, the City opted to upgrade its legacy SAP ERP system which reached its end of life. The upgraded version, SAP’s ERP Suite on HANA ensures the city remains on a support version including maintenance and security patches from the service provider. Should Council wish to immediately pursue an alternative to SAP, this direction could appropriately be made as part of budget actions for the upcoming fiscal year. 5. Is it essential to upgrade the software in the middle of a budget crisis? The recommended action is for support, not an upgrade. Nonetheless, the City’s legacy system, that reached its end of life was approved to be upgraded by the City Council and work started in 2019 before the pandemic began. Had the City chosen to halt work on the upgrade, it would remain on a system no longer supported by the provider, leaving the City at risk to security vulnerabilities as well as instability of the application. The upgraded system ensures the City remain on a currently supported software version for support and security purposes. 6. What are the main services of SAP? What features will we lose access to if we do not renew the contract? As outlined in page 3 of the staff report, SAP supports core business processes in Finance (accounting, biweekly payroll, accounts payable/receivable, budget), procurement, human resources management, capital project management, and Utilities’ operations (meter read, billing, payment, collection, and workorders). Should this contract not be approved, the City would no longer have support or access to security patches and software patches, nor would staff have support should daily operations be impeded by software related bugs or issues. Item 5: Ramos Park ‐ Park Improvement Ordinance 1. Since the survey for the renovation project only had 198 responses, is there an urgency to complete this project soon or can it wait? The survey was intended to supplement the previous community outreach meetings about the Capital improvement Program (CIP) project for Ramos Park. The urgency to complete the project is primarily driven by the age and condition of the infrastructure that will be replaced with the project. The Ramos Playground was built in 1994. Playgrounds are typically replaced every 15 to 20 years. Playgrounds that have exceeded the typical replacement age are more costly and challenging to repair due to the lack of available replacement parts and the requirements to bring other playground parts or elements into compliance with current playground safety standards. As with all older playgrounds, it is difficult to predict when parts will need repair or replacement, but the need for costly repairs increases as the playgrounds exceed 20 years old. 2. What were the questions asked in the survey? 4 There were seven questions in the survey. The survey questions and results can be found here: https://www.cityofpaloalto.org/civicax/filebank/documents/80488 3. Since you said the response from the survey was “positive and supportive”, what questions were the responses positive and supportive? Additionally, were all responses positive, if not, what is the ratio of positive and negative responses? A majority of the survey respondents supported a fenced dog park, security lighting, basketball court striping on the large paved area (currently no striping), the addition of play equipment for older children (5‐12) at the existing playground (currently only for 2‐ 5 year olds), native/habitat planting, and the extension of the walkway. These items were all supported by 59% or more of the 198 respondents to the survey. Support for the restroom was approximately a 50/50 split, with 97 in favor and 100 opposed. The Parks and Recreation Commission considered the survey information and other community input in its review of the project, and recommends including the restroom. 4. How much will the renovation cost including the installation of the restroom? The CIP project for Ramos Park (PG‐14000) has funding of $271,000 for the replacement of the playground equipment; replacement of benches, trash receptacles, and the drinking fountain; and accessibility improvements. As part of the City’s continued effort to provide restroom facilities in parks, Ramos Park was identified in the Parks Master Plan (2017) as one of six parks at which the City would actively pursue installing a restroom. CIP project PG‐19000, Parks Restroom Installation, will provide funding of $350,000 for installation of the new restroom facility. This funding comes from Park Development Impact Fees. The total project cost is $621,000. 5. Does it make sense to be renovating the bathrooms especially since they can’t be used at the moment? The recommended plan includes a new restroom, not a renovation. All park and open space restrooms are open and have been open since late March 2020. Thank you. Ed Shikada City Manager 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329‐2280 ed.shikada@cityofpaloalto.org City of Palo Alto (ID # 11976) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Ramos Park - Park Improvement Ordinance Title: Adoption of a Park Improvement Ordinance for Renovations at Ramos Park From: City Manager Lead Department: Community Services RECOMMENDATION The Parks and Recreation Commission and Staff recommend that City Council adopt the attached Park Improvement Ordinance (Attachment A) for renovation of the playground and park amenities and installation of a restroom at Ramos Park. BACKGROUND Capital improvement funding of $200,000 for Fiscal Year 2021 was approved by City Council to address park renovation needs at Ramos Park (CIP Project Number PG-14000). The renovation includes infrastructure, accessibility, and maintenance improvements. The existing playground is the main park amenity to be replaced as it has been in use beyond its life expectancy of 15 years. These improvements are anticipated to begin in Summer 2021 with a construction period of 90 days. Additionally, capital improvement funding of $350,000 was approved by City Council to add a restroom to the park (CIP Project Number PG-19000). Installation of a new restroom is anticipated to be in FY 2022, dependent upon the availability of staff to manage the project. PROJECT DESCRIPTION The project primarily focuses on the playground, access, and surrounding park furnishings as diagramed in Exhibit A. (1) Remove and replace existing toddler playground with a playground spanning the age of toddlers through children age five and above; (2) Installation of a new prefabricated restroom building; (3) Expansion of concrete walkway loop path connection; (4) Replace or install site furnishings such as benches, trash receptacles, and drinking fountain; (5) New 42” tall chain link fencing along E. Meadow Drive at the North East City of Palo Alto Page 2 turf area; (6) Addition of new basketball court striping and new basketball hoop at the existing paved area; and (7) Planting of native trees and shrubs. DISCUSSION Two community meetings were held as part of the design review to present the proposed renovation items and receive feedback from the community. An in-person meeting was held on January 29, 2020 and an online virtual meeting was held on August 13, 2020. Additional community input was collected through an online survey, which received input from 198 community members. The response from community members in attendance at the meetings to the proposed renovation plans were positive and supportive. Community input on the design was used to identify the location of the restroom, expand the age-range and type of the playground equipment, develop pathway connections, and to include native habitat plantings. The Ramos Park Renovation Project was also discussed at the February 25, 2020 and August 25, 2020 Park and Recreation Commission (Commission) meetings. The Commission reviewed draft design options, community input, and provided design input. On December 15, 2020, the Commission unanimously recommended approval of the Park Improvement Ordinance as shown in Attachment A. Dog Park Discussion During the first community meeting several community members in attendance brought up off- leash dogs in the park as a long continuing issue. As a result of that community input, a question was added to the on-line community survey concerning the addition of a fenced dog park within Ramos Park. Of the 198 responses received from the on-line survey, 117 were in favor of adding a dog park to the park to control the off-leash activity while 81 opposed. Per the results of the on-line survey, two dog park options were presented at the second community meeting: one for a fenced in dog park and one for an off-leash pilot program that would designate an open turf area in the park for off-leash use per limited morning and afternoon hours. The community preferred the off-leash dog park option as it had minimal impact on the overall park layout and use, the adjacent neighbors, and cost to implement. At the December 15, 2020 Parks and Recreation Commission meeting, staff recommended and presented an off-leash pilot program for the Commission to consider. After the discussion, the Commission felt that the off-leash pilot program would not ultimately stop the encounter between park users and off-leash dogs, and that the proximity to the programmed sports field in the park along with the limited hours of proposed off-leash use times (7am-9am & 5pm-7pm or by dark) did not address the issue of off-leash dogs in the park. The Commission requested staff to further explore a fenced dog park in Ramos Park with the community. The first meeting to discuss a fenced dog park in Ramos Park was held on February 10, 2021. Staff presented a City of Palo Alto Page 3 proposed location and layout for the fenced dog park. The community members attending the meeting were not supportive of a fenced dog park area. Due to the continuing discussion on how to proceed, the dog park was separated from the overall CIP project, as funding would come from the separate Dog Park CIP rather than the Ramos Park Improvement CIP. This would ensure the park renovation items associated with this PIO stayed on schedule without being delayed by the dog park discussion. The dog park could be implemented later without any impact to or from the renovation project. The Parks and Recreation Commission plans on discussing the topic again at a future meeting and will determine at that point if they would like to proceed further with the community outreach on the topic. This current Park Improvement Ordinance being requested for Ramos Park excludes any dog park elements. TIMELINE • Second Reading of Ordinance March 22, 2021 • Project Bidding Spring 2021 • Council Approval of Contract Spring/Summer 2021 • Project Construction Summer 2021 • Project Construction Duration 90 days RESOURCE IMPACT Capital Improvement Projects PG-14000 (Ramos Park Improvements) and PG-19000 (Park Restroom Installation) were approved by City Council for funding in Fiscal Year 2021 for approximately $200,000 and $350,000 respectively. PG-14000 is funded by the City’s General Fund and PG-19000 is funded by Parks Development Impact Fees. The funding for both CIPs is sufficient to fund the improvements recommended in this report. Excluding the restroom, ongoing operating and maintenance costs are anticipated to be minimal and absorbed by the existing maintenance funding within the annual operating budget. Cleaning and maintenance for the new restroom will cost approximately $10,000 annually and be brought forward as a budget request in future budget cycles. POLICY IMPLICATIONS Staff is advancing this recommendation as reflected in the City’s adopted budget. Should the City Council wish to defer this capital project in light of the current pandemic and other priorities related to community and economic recovery, this item may be removed from the Consent Calendar. Staff will then return to Council with this and other projects for reconsideration. This project is consistent with the Parks Master Plan: Goal 2: Enhance the capacity, quality and variety of uses of the existing system of parks, recreation and open space facilities and services. Policy 2.A: Sustain the community’s investment in parks and recreation facilities. City of Palo Alto Page 4 Policy 2.E: The City will actively pursue adding park restrooms in parks that are approximately 2 acres or larger, have amenities that encourage visitors to stay in the park, have a high level of use and have no nearby restrooms. This project is also consistent with the City’s 2030 Comprehensive Plan: GOAL L-8: Attractive and safe parks, civic and cultural facilities provided in all neighborhoods and maintained and used in ways that foster and enrich public life. Policy C-3.2: Reinvest in aging facilities to improve their usefulness and appearance. Avoid deferred maintenance of City infrastructure STAKEHOLDER ENGAGEMENT Two public outreach meetings were held on January 29, 2020 and August 13, 2020. These meetings were followed by a public survey. Additionally, review of park renovation design was discussed with the Commission at their February 25, 2020 and August 25, 2020 meetings. ENVIRONMENTAL REVIEW This Project is categorically exempt from CEQA pursuant to Regulations 15301 for Existing Facilities and 15303 for New Construction or Conversion of Small Structures. Attachments: • Attachment A - Ordinance Approving and Adopting a Plan for Facility Improvements at Ramos Park • Exhibit A - Ramos Park Proposed Renovations *NOT YET ADOPTED* 1 215_20201130_ts_24 ORDINANCE NO. Ordinance of the Council of the City of Palo Alto Approving and Adopting a Plan for Facility Improvements at Ramos Park The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Improvements. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b) Ramos Park (the “Park”) is dedicated to park purposes. (See Municipal Code section 22.08.170 et seq.) (c) The City intends to authorize the renovation of various facilities at the Park. (d) The plan of improvements shall comprise as follows: (1) Remove and replace existing toddler playground with a playground spanning the age of toddlers through children age five and above; (2) Installation of a new pre-fabricated restroom building; (3) Expansion of concrete walkway loop path connection; (4) Replace or install site furnishings such as benches, trash receptacles, and drinking fountain; (5) New 42” tall chain link fencing along E. Meadow Drive at the North East turf area; (6) Addition of new basketball court striping and new basketball hoop at the existing paved area; and (7) Planting of native trees and shrubs. (e) Exhibit A depicts the expected implementation of the plan of improvements. (f) The plan of improvements described above is consistent with park, playground, recreation, and conservation purposes. (g) The City Council desires to approve the plan of improvements described above. *NOT YET ADOPTED* 2 215_20201130_ts_24 SECTION 2. The City Council hereby approves the plan of improvements in the Park described in this Ordinance. SECTION 3. The City Council finds that this ordinance falls under the California Environmental Quality Act (CEQA) exemptions found in Title 14 California Code of Regulations Section 15301 (Existing Facilities) and Section 15303 (New Construction of Small Facilities or Structures). SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Community Services Director of Public Works *NOT YET ADOPTED* 3 215_20201130_ts_24 Exhibit A (see diagram on following page) Exhibit 'A' ;!_oop Path Extension Restroom 42" Tall Chainlink Fence Ramos Park Renovation Exhibit Exhibit 'A' ;!_oop Path Extension Restroom 42" Tall Chainlink Fence Ramos Park Renovation Exhibit 1 of 1 TO: HONORABLE CITY COUNCIL FROM: ED SHIKADA, CITY MANAGER DATE: MARCH 8, 2021 SUBJECT: AGENDA ITEM NUMBER 5 - TITLE: ADOPTION OF A PARK IMPROVEMENT ORDINANCE FOR RENOVATIONS AT RAMOS PARK Council adoption of a Park Improvement Ordinance (PIO) is required before any substantial building, construction, reconstruction, or development begins within City parkland (PAMC Section 22.08.05). Adoption of a PIO is a necessary step in completing park renovations like those described in Staff Report #11976 for Ramos Park, however; this action does not obligate the City to complete all of the project features within a certain timeframe. The project could be delayed or only a portion could be completed. As part of the replacement of the playground, the playground surface at Ramos Park needs to be replaced within the next six months due to age and hardening. The surfacing repairs will cost approximately $15,000. The PIO attached to this agenda item is needed for that work to proceed. _______________________ _________________________ Ed Shikada Kristen O’Kane City Manager Director, Community Services 5 DocuSign Envelope ID: 8F889ECE-A79E-4C2D-9BFF-FE8F4FF17F9B City of Palo Alto (ID # 12054) City Council Staff Report Report Type: Action Items Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Second Reading: Temporary Ordinance - Retail Zoning Title: SECOND READING: Adoption of a Temporary Ordinance Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Broaden Permissible Uses and Raise Thresholds for Conditional Use Perm its for Some Land Uses Throughout the City. Environmental Review: California Environmental Quality Act (CEQA) Exemption 15061(b)(3) (FIRST READING: December 14, 2020 PASSED: 7 -0) (Continued From February 22, 2021) From: City Manager Lead Department: Planni ng and Development Services Ah, Recommendation Staff recommends that Council: 1. Adopt the attached temporary ordinance for second reading, or 2. Direct staff to modify the temporary ordinance and return with an amended ordinance. Background On November 9, 2020, the City Council received an update on the City’s community and economic recovery strategies. The City Council directed1 staff to return on December 14 with an ordinance to temporarily implement discrete amendments to the zoning code that would broaden the definition of retail uses and relax the conditional use permit threshold for certain uses; the temporary ordinance was adopted on first reading without any changes.2, 3 The second reading of the ordinance was presented to the City Council on Janua ry 11, 2021, where it was pulled from the consent calendar by Councilmembers Stone, Kou, Vice Mayor Burt and Mayor DuBois. The ordinance was placed on the January 19, 2021 agenda; staff prepared 1 November 9, 2020 Action Minutes: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42635.86&BlobID=79443 2 December 14, 2020 Staff Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=60118.96&BlobID=79480 3 December 14, 2020 Action Minutes: https://www.cityofpaloalto.org/civicax/filebank/documents/79829 City of Palo Alto Page 2 an at-places memo4 to respond to questions received from Councilmember Stone. Due to the lateness of the meeting, the item was continued to a date uncertain. Included with this report is the Council approved ordinance from December 19, 2020. Staff recommends the Council discuss any outstanding issues or concerns w ith the temporary ordinance and either approve its second reading or direct staff to make modifications as appropriate. Policy Implications The proposed amendments are relatively minor consistent with Council direction. The changes, while inspired by a discussion on the City’s economic and community strategies in response to the coronavirus, are reasonable modifications that would be appropriate post pandemic and when economic conditions have recovered. It is anticipated the attached ordinance will facilitate the establishment of some retail and retail-like uses and limit the number of commercial vacancies, but the extent of the impact is unknown. Resource Impact The recommendation in this report does not have any significant fiscal or budgetary impac ts. Timeline If adopted on second reading, the ordinance becomes effective on the 31 st day following adoption and will remain valid through June 30, 2022. Stakeholder Engagement Staff has engaged property owners, property managers, and business owners over the past several months on a variety of topics related to economic recovery. Some of these discussions have helped inform the recommendations in this report. No additional outreach was conducted following the City Council’s direction to draft the attached ordinance on November 9, 2020. Environmental Review The project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines 15061(b)(3) in that it can be seen with certainty that ordinance will not have a significant impact on the environment. The ordinance makes minor adjustments to land use definitions and modest changes to the thresholds for discretionary review. Attachments: Attachment A: Draft Retail Ordinance November 23, 2020 (PDF) 4 At Places Memo, dated January 19, 2021: https://www.cityofpaloalto.org/civicax/filebank/documents/79946 *NOT YET APPROVED* 1 0160034_20201203_ay_16 Ordinance No. ___ Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.16 (Neighborhood, Community, and Service Commercial (CN, CC and CS) Districts), 18.18 (Downtown Commercial (CD) Districts) and 18.30 (A) and (C) – the Retail and Ground Floor combining districts The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of Coronavirus Disease 2019 (“COVID-19”). B. As a result of the COVID-19 pandemic and the public health response, restaurant, retail, tourism, and hospitality business has significantly declined and the nation is experiencing a recession. C. The City Council desires to relax certain zoning regulations in the City’s commercial zoning districts to address some of the economic challenges created by the COVID-19 pandemic and to spur economic activity. D. The public health, safety, or welfare require that such changes to the City’s zoning regulations be enacted for a temporary period and as expediently as possible, without review by the Planning and Transportation Commission pursuant to Palo Alto Municipal Code section 18.80.090. SECTION 2. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: 18.04.030 Definitions (a) Throughout this title the following words and phrases shall have the meanings ascribed in this section. [. . .] (45) “Drive-in/drive-through service” means a feature or characteristic of a use involving sales of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive- through services such as mechanical automobile washing, pharmacy windows, coffee stands, automatic teller machines, etc. [. . .] *NOT YET APPROVED* 2 0160034_20201203_ay_16 (47) “Eating and drinking service” means a use providing preparation and retail sale of food and beverages with a full menu and providing indoor seating area. Eating and drinking service include presence of a full commercial kitchen and commercial dishwasher. including restaurants, fountains, cafes, coffee shops, sandwich shops, ice cream parlors, taverns, cocktail lounges and similar uses. For establishments with incidental sale alcoholic beverages, a minimum of 50% of revenues from an ‘eating and drinking service’ must be derived from the sale of food. Related definitions are provided in subsections (45) (Drive-in/drive-through service), (125)(B) (Intensive retail service) and (136) (Take-out service). [. . .] (95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste). (95.1) (A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title 15. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). (95.2) (B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research. Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products. (95.3) (C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising. Hospitals and ambulance services are not included in this definition. [. . .] *NOT YET APPROVED* 3 0160034_20201203_ay_16 (114) “Personal service” means a use providing services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including: (A) Beauty shops, nail salons, day spas, and barbershops; (B) Self-service laundry and cleaning services; laundry and cleaning pick-up stations where all cleaning or servicing for the particular station is done elsewhere; and laundry and cleaning stations where the cleaning or servicing for the particular station is done on site, utilizing equipment meeting any applicable Bay Area Air Quality Management District requirements, so long as no cleaning for any other station is done on the same site, provided that the amount of hazardous materials stored does not at any time exceed the threshold which would require a permit under Title 17 (Hazardous Materials Storage) of this code; (C) Repair and fitting of clothes, shoes, and personal accessories; (D) Quick printing and copying services where printing or copying for the particular service is done on site, so long as no quick printing or copying for any off-site printing or copying service is done on the same site; (E) Internet and other consumer electronics services; (F) Film, data and video processing shops, including shops where processing for the particular shop is done on site, so long as no processing for any other shop is done on the same site; (G) Art, dance or music studios intended for an individual or small group of persons in a class (see “commercial recreation” for other activities); and (H) Fitness and exercise studios, or similar uses, in a space having of 1,800 5,000 square feet or fewer of gross floor area (see “commercial recreation” for uses exceeding 5,000 square feet other activities). (I) Learning centers intended for individual or small group settings, including tutoring, standardized test preparation, language classes, after-school programs, cooking classes, and similar uses. [. . .] (125) “Retail service” means a use open to the public during typical business hours and predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use. (A) “Extensive retail service,” as used with respect to parking requirements, means a retail sales use having more than seventy-five percent of the gross floor area used for display, sales, and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area. *NOT YET APPROVED* 4 0160034_20201203_ay_16 (B)  “Intensive retail service” as used with respect to parking requirements, means any retail service use not defined as extensive retail service and including limited food service (i.e. ‘ready-to-eat’ food and/or beverage shops without a full commercial kitchen, where food and/or beverages are ready to consume at the time of sale and any seating area is limited; examples include sandwiches, frozen desserts, non-alcoholic beverages, and baked items). [. . .] (136) “Take-out service” means a characteristic of an eating or drinking service which encourages, on a regular basis, consumption of food or beverages, such as prepared or prepackaged items, outside of a building, in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off-site. Take-out service does not include intensive retail service uses, as defined in subsection (125)(B). [. . .] SECTION 3. Section 18.16.040 (Land Uses) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: The uses of land allowed by this chapter in each commercial zoning district are identified in the following tables. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. (a) Commercial Zones and Land Uses Permitted and conditionally permitted land uses for each commercial zone are shown in Table 1: TABLE 1 PERMITTED AND CONDITIONALLY PERMITTED USES P = Permitted Use CUP = Conditional Use Permit Required LAND USE CN(4) CC, CC(2) CS (4) Subject to Regulations In: ACCESSORY AND SUPPORT USES Accessory facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use. P P P 18.42 Drive-in services or take-out services associated with permitted uses(3) CUP CUP CUP 18.42 *NOT YET APPROVED* 5 0160034_20201203_ay_16 Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet. CUP 18.42, 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities CUP P P Private Clubs, Lodges, or Fraternal Organizations CUP P P MANUFACTURING AND PROCESSING USES Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.16.050 Medical Offices CUP (5) CUP (5) CUP (5) 18.16.050 Professional and General Business Offices P P P 18.16.050 PUBLIC/QUASI-PUBLIC USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards. CUP CUP CUP RECREATION USES Commercial Recreation CUP (5) CUP (5) CUP (5) 18.40.160 Outdoor Recreation Services CUP CUP CUP *NOT YET APPROVED* 6 0160034_20201203_ay_16 RESIDENTIAL USES Multiple-Family P(1) P(1) P(1) 18.16.060(b) and (c) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, excluding drive-in and take-out services P P P 18.40.160 Retail Services, excluding liquor stores P P P 18.40.160 Liquor stores CUP P P 18.40.160 Shopping Centers P 18.16.060(e), 18.40.160 SERVICE USES Ambulance Services CUP CUP CUP Animal Care, excluding boarding and kennels P P P Boarding and Kennels CUP Automobile Service Stations CUP CUP CUP 18.30(G) Automotive Services CUP Convalescent Facilities CUP P P Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes CUP P P Banks and Financial Services V CUP P(2) P(2) General Business Services CUP P Hotels P P 18.16.060(d), 18.40.160 *NOT YET APPROVED* 7 0160034_20201203_ay_16 Mortuaries CUP P P Neighborhood Business Services P 18.16.060(f) Personal Services P P P 18.16.060(f), 18.40.160 Reverse Vending Machines P P P TEMPORARY USES Farmer's Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years. CUP CUP CUP TRANSPORTATION USES Parking as a principal use CUP CUP Transportation Terminals CUP CUP P = Permitted Use CUP = Conditional Use Permit Required (1) Residential is only permitted: (i) as part of a mixed use development, pursuant to the provisions of Section 18.16.060(b), or (ii) on sites designated as housing inventory sites in the Housing Element of the Comprehensive Plan, (iii) on CN or CS sites on El Camino Real, or (iv) on CC(2) sites, all pursuant to the provisions of Section 18.16.060(b) and (c). (2) Except drive-in services. (3) So long as drive up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet, and each use shall not be less than 150 feet from one another. (4) For properties in the CN and CS zone districts, businesses that operate or have associated activities at any time between the hours of 10:00 p.m. and 6:00 a.m. require a conditional use permit. (5) A conditional use permit is not required for medical office or commercial recreation uses up to 5,000 square feet of gross floor area. [. . .] SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, and Service Commercial (CN, CC, CS) Districts) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 8 0160034_20201203_ay_16 18.16.060 Development Standards [. . .] (f) Size of Establishments in the CN District In the CN district, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 5.  Such uses may be allowed to exceed the maximum establishment size, subject to issuance of a conditional use permit in accord with Section 18.76.010.  The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. TABLE 5 MAXIMUM SIZE OF ESTABLISHMENT Type of Establishment Maximum Size (sq ft) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 Eating and drinking services 5,000 Neighborhood business services 2,500 3,000 [. . .] (h) Outdoor Sales and Storage (2) In the CC district and in the CC (2) district, the following regulations shall apply to outdoor sales and storage: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses, (iii) Farmers’ markets that have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. SECTION 5. Sections 18.18.050 (Land Uses) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: *NOT YET APPROVED* 9 0160034_20201203_ay_16 18.18.050 Land Uses The uses of land allowed by this chapter in each commercial zoning district are identified in the following table. Land uses that are not listed on the tables are not allowed, except where otherwise noted. Where the last column on the following tables ("Subject to Regulations in") includes a section number, specific regulations in the referenced section also apply to the use; however, provisions in other sections may apply as well. Permitted and conditionally permitted land uses for the CD district are shown in Table 1: Table 1 CD Permitted and Conditionally Permitted Uses P Permitted Use • CUP Conditional Use Permit Required CD-C CD-S CD-N Subject to regulations in Chapter: ACCESSORY USES Accessory facilities and activities associated with or essential to permitted uses, and operated incidental to the principal use P P P Drive-in or Take-out Services associated with permitted uses (2) CUP CUP CUP Tire, battery, and automotive service facilities, when operated incidental to a permitted retail service or shopping center having a gross floor area of more than 30,000 square feet CUP 18.40.160 Safe Parking 18.42.160 EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES Business and Trade Schools P P Churches and Religious Institutions P P P Private Educational Facilities P P CUP Private Clubs, Lodges, or Fraternal Organizations P P CUP MANUFACTURING AND PROCESSING USES *NOT YET APPROVED* 10 0160034_20201203_ay_16 Recycling Centers CUP CUP CUP Warehousing and Distribution CUP OFFICE USES Administrative Office Services P 18.18.060(f) Medical, Professional, and General Business Offices P P P 18.18.060(f) PUBLIC/QUASI-PUBLIC FACILITY USES Utility Facilities essential to provision of utility services but excluding construction or storage yards, maintenance facilities, or corporation yards CUP CUP RECREATION USES Commercial Recreation CUP (3) CUP (3) CUP (3) Outdoor Recreation Services CUP CUP CUP RESIDENTIAL USES Multiple-Family P (1) P (1) P (1) 18.18.060(b) Home Occupations P P P Residential Care Homes P P P RETAIL USES Eating and Drinking Services, except drive-in or take-out services P P P 18.18.060(g) , 1 8.40.160 Retail Services, excluding liquor stores P P P 18.18.060(g) , 1 8.40.160 Shopping Centers P 18.18.060(g) , 1 8.40.160 Liquor Stores P P CUP 18.40.160 SERVICE USES *NOT YET APPROVED* 11 0160034_20201203_ay_16 Animal Care, excluding boarding and kennels P P P Ambulance Services CUP CUP CUP 18.30(G) Automobile Service Stations CUP CUP CUP Automobile Services CUP Convalescent Facilities P P CUP Day Care Centers P P P 18.40.160 Small Family Day Care Homes P P P Large Family Day Care Homes P P P Small Adult Day Care Homes P P P Large Adult Day Care Homes Financial Services, except drive-up services P P CUP General Business Services CUP P P Hotels P P P 18.18.060(d) , 1 8.40.160 Mortuaries P P CUP Personal Services P P P 18.18.060(g) , 1 8.40.160 Reverse Vending Machines P P P TRANSPORTATION USES Parking as a principal use CUP CUP Passenger Transportation Terminals CUP TEMPORARY USES Indoor Farmers’ Markets CUP CUP CUP Temporary Parking Facilities, provided that such facilities shall remain no more than five years CUP CUP CUP *NOT YET APPROVED* 12 0160034_20201203_ay_16 P Permitted Use CUP Conditional Use Permit Required (1) Residential is only permitted as part of a mixed use development, pursuant to the provisions of Section 18.18.060(b), or on sites designated as Housing Opportunity Sites in the Housing Element of the Comprehensive Plan, pursuant to the provisions of Section 18.18.060(c). (2) Drive-up facilities, excluding car washes, provide full access to pedestrians and bicyclists. A maximum of two such services shall be permitted within 1,000 feet and each use shall not be less than 150 ft from one another. (3) A conditional use permit is not required for commercial recreation uses up to 5,000 square feet of gross floor area. SECTION 6. Section 18.18.060 (Development Standards) of Chapter 18.18 (Commercial Downtown (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows: [. . .] (g) Restrictions on Size of Commercial Establishments in CD-N Subdistrict In the CD-N subdistrict, permitted commercial uses shall not exceed the floor area per individual use or business establishment shown in Table 4. Such uses may be allowed to exceed the maximum establishment size, subject to the issuance of a conditional use permit in accordance with Chapter 18.76. The maximum establishment size for any conditional use shall be established by the director and specified in the conditional use permit for such use. TABLE 4 MAXIMUM SIZE OF ESTABLISHMENT Type of Establishment Maximum Size (ft 2 ) Personal Services 2,500 3,000 Retail services, except grocery stores 15,000 Grocery stores 20,000 Eating and drinking services 5,000 (h) Outdoor Sales and Storage. The following regulations shall apply to outdoor sales and storage in the CD district: (1) CD-C Subdistrict *NOT YET APPROVED* 13 0160034_20201203_ay_16 In the CD-C subdistrict, the following regulations apply: (A) Except in shopping centers, all permitted office and commercial activities shall be conducted within a building, except for: (i) Incidental sales and display of plant materials and garden supplies occupying no more than 2,000 square feet of exterior sales and display area, (ii) Outdoor eating areas operated incidental to permitted eating and drinking services or intensive retail uses, (iii) Farmers' markets which have obtained a conditional use permit, and (iv) Recycling centers that have obtained a conditional use permit. (B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a conditional use permit. (C) Exterior storage shall be prohibited, except recycling centers which have obtained a conditional use permit. (2) CD-S Subdistrict In the CD-S subdistrict, outdoor sales and display of merchandise, and outdoor eating areas operated incidental to permitted eating and drinking services and intensive retail uses shall be permitted subject to the following regulations: (A) Outdoor sales and display shall not occupy a total site area exceeding the gross building floor area on the site, except as authorized by a conditional use permit. (B) Areas used for outdoor sales and display of motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping, and screening. (C) Exterior storage shall be prohibited, unless screened by a solid wall or fence of between 5 and 8 feet in height. (3) CD-N Subdistrict In the CD-N subdistrict, all permitted office and commercial activities shall be conducted within a building, except for: (A) Incidental sales and display of plant materials and garden supplies occupying not more than 500 square feet of exterior sales and display area, and (B) Farmers' markets that have obtained conditional use permits. [. . .] *NOT YET APPROVED* 14 0160034_20201203_ay_16 SECTION 7. Section 18.30(A).040 (Permitted Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: Except to the extent a conditional use permit is required pursuant to Section 18.30(A).050, the following uses shall be permitted in an R district: (a) Eating and drinking services, except drive-in and take-out services. (b) Personal services, except the following on California Avenue: beauty shops; nail salons; barbershops; and laundry and cleaning services as defined in Section 18.04.030(114)(B). (c) Retail services. (d) All other uses permitted in the underlying commercial district, provided they are not located on a ground floor. SECTION 8. Section 18.30(A).050 (Conditional Uses) of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: The following uses may be conditionally permitted in an R district, subject to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval): (a) Financial services, except drive-in services, on a ground floor. (b) All other conditional uses allowed in the underlying commercial district provided they are not located on a ground floor. (c) Formula retail businesses on California Avenue. (d) Beauty shops, nail salons, and barbershops on California Avenue. SECTION 9. Section 18.30(C).020 (Conditional Uses) of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses shall be permitted in the GF combining district, subject to restrictions in Section 18.40.160180: (1) Eating and drinking; (2) Hotels; (3) Personal services, except for parcels with frontage on University Avenue, where uses defined in Section 18.04.030(114)(B), (G), and (H) are not permitted; (4) Retail services; (5) Theaters; (6) Travel agencies; (7) Commercial Recreation up to 5,000 square feet in gross floor area, except for parcels with frontage on University Avenue; (78) All other uses permitted in the underlying district, provided such uses are not on the ground floor. *NOT YET APPROVED* 15 0160034_20201203_ay_16 (b) Elimination or conversion of basement space currently in retail or retail-like use or related support purposes is prohibited. (c) Entrance, lobby, or reception areas serving non-ground floor uses may be located on the ground floor to the extent reasonably necessary, provided they do not interfere with the gound ground floor use(s), and subject to the approval of the Director. SECTION 10. Section 18.30(C).030 (Conditional Uses) of Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code are amended to read as follows: (a) The following uses may be conditionally allowed on the ground floor in the GF ground floor combining district, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals) and with the additional finding required by subsection (b), subject to restrictions in Section 18.40.160: (1) Business or trade school; (2) Commercial recreation over 5,000 square feet in gross floor area or with frontage on University Avenue; (3) Day care; (4) Financial services, except drive in services; (5) General business service; (6) All other uses conditionally permitted in the applicable underlying district, provided such uses are not on the ground floor. (b) The director may grant a conditional use permit under this section only if he or she makes the following findings in addition to the findings required by Chapter 18.76 (Permits and Approvals): (1) The location, access or design of the ground floor space of the existing building housing the proposed use, creates exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. (2) The proposed use will not be determined to the retail environment or the pedestrian-oriented design objectives of the GF combining district. (c) Any use conditionally permitted pursuant to this section shall be effective only during the existence of the building that created the exceptional circumstance upon which the finding set forth in subsection (b) was made. SECTION 11. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 12. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this *NOT YET APPROVED* 16 0160034_20201203_ay_16 Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)(3) because it can be seen. SECTION 14. This ordinance shall be effective on the thirty-first date after the date of its adoption and shall expire upon the earlier of June 30, 2022 or adoption of replacement legislation by the City Council. Upon expiration of this ordinance, the City Clerk shall direct the City’s codifier to update the Palo Alto Municipal Code as appropriate. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services City of Palo Alto (ID # 11180) City Council Staff Report Report Type: Action Items Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Castilleja Title: PUBLIC HEARING/QUASI JUDICIAL: 1310 Bryant Street (Castilleja): Consideration of Certification of an Environmental Impact Report (EIR) and Applications for a Conditional Use Permit (CUP) Amendment to Increase the Student Enrollment up to 540 Students; a Variance to Replace Campus Gross Floor Area; and Architectural Review of Campus Redevelopment. On March 8 the Council Will Receive Presentations and Public Testimony; the Meeting Will be Continued to March 15 for Council De liberation and Action - No Public Testimony Will be Heard on March 15. Zone District: R -1(10,000). Environmental Review: Final Environmental Impact Report (EIR) Published July 30, 2020; Draft EIR Published July 15, 2019 From: City Manager Lead Department: Planning and Development Services Recommendation: Staff recommends that the City Council consider the subject application over the course of two public meetings with the following actions: 1. On March 8, 2021 a. receive staff and applicant presentations, b. receive public testimony, and c. close the public comment portion of the meeting and continue the hearing to March 15, 2021. 2. On March 15, 2021 a. Ask clarifying questions of staff, consultants and applicant, as appropriate, and deliberate on the project. (Note: No additional public testimony is expected to be received on this date) b. If the Council agrees with staff analysis and code interpretations applied to the project (as detailed in this report), take the following actions: City of Palo Alto Page 2 i. Adopt a resolution certifying the final environmental impact report and adopting the mitigation monitoring and reporting program (Attachment A) and, ii. Approve a Record of Land Use Action (Attachment B) for a Conditional Use Permit that allows a phased increase in student enrollment; a Variance to replace (and reduce) existing gross floor area; and, Architectural Review for the phased demolition/construction and design. c. Alternatively, if the Council determines one or more elements of staff’s analysis is inappropriate or if further analysis is required, provide specific direction to staff to remedy any deficiency and either: i. Continue the project to a date uncertain, or ii. Remand the project back to the Planning and Transportation Commission with specific direction on additional analysis or applications required to continue processing the requested entitlements. Executive Summary: Castilleja private school seeks City approval to redevelop its campus and expand enrollment to 540 students. This action requires Council approval of several discretionary applications, including certification of the environmental analysis. The project relies on zoning interpretations that would permit redevelopment but its application to the project is not supported by some Council-appointed commissioners or many community members. Beyond the interpretive issue, there are other resident concerns associated with the increased enrollment and proposed underground parking facility. Many community members are concerned about anticipated school-related intrusions into the residential neighborhood, perceived impacts to the residential character and aesthetic considerations from the loss of protected trees. The applicant has made significant design changes to respond to resident concerns, including a scaled down parking facility that allows for the retention of more protected trees and reduces construction-related disturbances. As conditioned, the project would have a robust transportation plan that ties student enrollment increases to current trip generation rates (no net new trips), imposes substantial restrictions on the school’s special event programing, and incorporates a comprehensive monitoring, enforcement and penalty schedule to help minimize deleterious impacts to the neighborhood and surrounding community. The recommendation in this report is for project approval. It is anticipated the current project design, combined with an extensive list of conditions that establish clear expectations for the school’s operation will not only mitigate potential impacts but also serve to improve existing conditions. The City Council, however, has broad discretion over the application and have City of Palo Alto Page 3 several options to either advance or reject the proposal based on the findings included in this report or as modified through Council direction. Background: Castilleja’s history in Palo Alto dates to 1907. Its educational mission has remained consistent since its inception and school administrators have sought to expand educational opportunities over time having received City approval for its current campus size, layout and a student enrollment. The subject application was filed on June 30, 2016. Components of the project have been refined significantly since then, but the overall objective to modernize the campus and expand student enrollment remains unchanged. The project being considered by the City Council now is an alternative project studied in the associated environmental impact report (EIR). This alternative project is preferred by the applicant and attempts to respond to community concerns regarding impacts to neighborhood character, preservation of existing homes on Emerson Street and loss of protected trees. The project alternative, referred in the environmental documents as the Disbursed Circulation/Reduced Garage Alternative #4, is als o the environmentally superior alternative (that also meets project objectives). The City’s Architectural Review Board (ARB), Planning and Transportation Commission (PTC) and Historic Resources Board (HRB) have all reviewed essentially the same project alternative being presented to the City Council. Castilleja has an existing Conditional Use Permit (CUP) that allows the private school in the R1 district that was first approved in 1960 and amended over time. The more recent amendments occurred in 2000,1 and 2006. The CUP limits enrollment to 415 students, regulates special events, includes requirements for a transportation demand management plan (TDM) and other operational conditions. About seven years ago, campus administrators informed the City that it had exceeded its maximum student cap having enrolled at its peak 448 students. City officials imposed a fee for violating the CUP and established a compliance schedule to bring Castilleja into conformance requiring a reduction of four to six students each new academic year until it reached 415 students. Castilleja’s current enrollment is 426 students. Next fall, enrollment is expected to be no greater than 422 students unless otherwise authorized by the City Council through the subject applications. The intent behind this enforcement approach was to gradually normalize operations while giving Castilleja an opportunity to file applications to seek a change in enrollment. Many in the community have expressed frustration with the City’s approach toward this enforcement issue and have argued for a timelier resolution to this violation. 1 2000 CUP and prior Use Permit Approval (1999): https://www.cityofpaloalto.org/civicax/filebank/documents/53961 City of Palo Alto Page 4 Many Castilleja neighbors have also expressed concern regarding the number and intensity of special events taking place at the campus. Some neighbors and City staff have found the school was hosting more events than authorized by the CUP. Castilleja disagrees with the City’s interpretation of the CUP but has reduced the number and intensity of events scheduled. Staff has not issued a formal enforcement order regarding the special events violation given the ambiguous language in the CUP, reductions already made and the importance of certain events for the academic and social experience. Staff instead is looking to an updated CUP to provide clear direction on the number and size of future events on campus as described later in this report. Project Description Castilleja is located on a 6.17-acre parcel in a residential district surrounded by single family homes. The project site is generally bounded by Embarcadero Road, Emerson Street, Kellogg Avenue and Bryant Street. The applicant proposes to demolish five campus buildings, including the Leonard Ely Fine Arts Center fronting Emerson Street, Classroom and Campus Center Buildings along Bryant Street and Kellogg Avenue, and the existin g swimming pool. The existing Fitness and Athletic Center, historic Gunn Administration Building/Elizabeth Hughes Chapel will remain. The floor area of all demolished buildings is 84,572 square feet, not including 43,913 square feet of exempt below grade floor area. The applicant proposes to replace those buildings with a new academic building containing 81,942 square feet of above grade floor area and 51,069 of below grade, exempt floor area. Overall the site currently has 116,297 square feet of gross floor area and a floor area ratio of 0.43:1. This exceeds the 81,379.5 square feet allowed with current zoning regulations (which enable .45 FAR for the first 5,000 sf and .30 FAR for the remaining 263,765 sf); the site is considered legally non -conforming for floor area. The applicant proposes a new subterranean parking facility accessed from Bryant Street via a two-way access ramp and one-way garage exit ramp. The subterranean parking facility would have 78 non-tandem parking spaces. An additional 26 parking spaces are proposed to be provided on two surface lots for a total of 104 parking spaces. The proposed project is required to have 104 parking spaces in accordance with the City’s zoning code. A total of 140 bicycle parking spaces are provided, in excess of the 108 spaces required by the code. A below grade pedestrian passage is proposed from the parking facility to new campus building. Vehicle access is distributed to three drop off/pick up locations around the campus, including a reconstructed drop off lane at Kellogg Avenue. Service deliveries will occur below grade or designated locations at surface lots. Refuse enclosures are below grade with a staging area for service vehicles. City of Palo Alto Page 5 Other improvements include a new below grade swimming pool with a so und (reduction) wall relocated near the fitness and athletic center, a reconstructed Circle in the center of campus, new landscaping and fences. Two homes adjacent to Emerson Street and owned by Castilleja are not a part of the school’s redevelopment plans.2 Construction Phasing The applicant proposes to redevelop the site in four phases. The first phase is the construction of the subterranean parking facility and some landscaping. Phase two includes the placement of modular buildings above the parking facility (on Spieker Field). Phase three is demolition of the Fine Arts Building and construction of the below grade swimming pool and sound wall. Phase four includes the demolition of the Classroom Building, Campus Center Building, the at -grade pool, and equipment/maintenance buildings. This phase also includes reconstruction of the Circle, a new classroom building, access ramp to the below grade service/loading area, removal of the modular buildings and completion of the landscape plan. Construction is expected to occur over a three-year period. To implement the proposed project, the applicant requires several discretionary planning entitlements, including Architectural Review (AR), a CUP and Variance applications. Each of these applications have findings that must all be affirmatively answered in order to approve the project. ARB Review and AR Recommendation An AR application is required for the physical buildings (design, colors, materials); landscaping (hardscape/softscape, including lighting) and irrigation; site planning and, circulation. The applicant’s request for the three-year phased construction schedule is also subject to City architectural review. To approve an AR application, the ARB (or City Council) must conclude that the project meets six required findings. These findings relate to consistency with the City’s Comprehensive Plan and zoning code, ensuring the project has a unified and coherent design, includes high quality materials and construction techniques, a complementary landscape plan, and incorporates design principles that advance the City’s sustainability interests. The attached record of land use action (RLUA) documents the ARB’s response to the findings 2 The original project filed with the City included plans to demolish these structures to support a larger subterranean parking facility. This redesign was in response to public comments and concerns about impa cts to neighborhood character and the removal of six redwood trees at the western edge of Spieker Field. City of Palo Alto Page 6 and recommended conditions of approval. In addition to standard conditions of approval, the ARB also required the applicant to return to the ARB subcommittee for final approval of some architectural details, including planned work near a protected tree to ensure compliance with the project arborist’s recommendations for preservation. The ARB voted 4-1 to recommend approval of the project to the City Council. The dissenting vote was articulated as an objection to the special condition that required certain project refinements to be presented to a two-member subcommittee instead of the full Board. The ARB’s public hearings were held on August 20, October 1, and November 5, 2020. The staff reports3 are available online as are excerpt minutes,4 presentations5 and videos.6 PTC Review and CUP and Variance Recommendations A CUP is required for private schools on R1 zoned properties. An amendment to the existing CUP is required when an applicant seeks changes to a previously approved CUP project. The CUP is intended to provide for uses that are necessary or desirable for the developm ent of the community or region but cannot readily be classified as permitted uses in individual districts due to their uniqueness of size, scope, or possible effect on surrounding uses. Through a CUP a local jurisdiction can impose conditions that reasonab ly mitigate any anticipated impacts to the general welfare. Conditional Use Permit conditions typically address topics such as hours of operation, noise, frequency or intensity of on-site activity, performance measures, operational controls and restrictions on service vehicles or deliveries. To approve an CUP application, the PTC must conclude that the project meets two required findings, specifically: 1. [The use will] Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 3 ARB staff report August 20, 2020 https://www.cityofpaloalto.org/civicax/filebank/documents/78025 ARB staff report October 1, 2020 https://www.cityofpaloalto.org/civicax/filebank/documents/78572 ARB staff report November 5, 2020 https://www.cityofpaloalto.org/civicax/filebank/documents/79021 4 ARB August 20th minutes https://www.cityofpaloalto.org/civicax/filebank/documents/78325 ARB October 1st minutes https://www.cityofpaloalto.org/civicax/filebank/documents/78774 ARB November 5th minutes 5 ARB August 20th presentation https://www.cityofpaloalto.org/civicax/filebank/documents/78197 ARB October 1st presentation https://www.cityofpaloalto.org/civicax/filebank/documents/78667 ARB November 5th presentation 6 ARB meeting videos https://midpenmedia.org/category/government/city-of-palo-alto/boards-and- commissions/architectural-review-board/ City of Palo Alto Page 7 2. [The use will] Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning). A majority of the PTC was able to support Finding 1 on a 4-2 vote. The dissenting votes were from Commissioners Summa and Lauing who expressed concern about the enrollment increase, number of events and potential impacts to the general welfare. On Finding 2, the PTC was split 3-3. The dissenting commissioners noted a concern about the project’s compliance with the zoning code, specifically, staff’s interpretation regarding the permissiveness of the subterranean parking facility, and an inability to find the subterranean parking facility exempt from gross floor area. One commissioner suggested a text amendment to the zoning code may be required to facilitate staff’s interpretation. This issue is expanded upon in the Discussion section of this report. A second discretionary application considered by the PTC was a Variance application. The purpose of a Variance is to provide a way for a site with special physical constraints, resulting from natural or built features, to be used in ways similar to other sites in the same vicinity and zoning district, and grant relief when strict application of the zoning regulations would subject development of a site to substantial hardships, constraints, or practical difficulties that do not normally arise on other sites in the same vicinity and zoning district. Castilleja’s need for a Variance relates to a request to re -establish (rebuild) gross floor area that is proposed to be demolish but was legally permitted and is today non-complying with current codes. More specifically, the existing academic building is proposed to be demolished and rebuilt in a new design with similar but less gross floor area. However, since the site exceeds the permitted floor area allowed for R1 properties, any non -complying floor area once removed cannot be re-established without a Variance. Incidentally, this approach represents a departure from how the City evaluated a similar request in 2006 when Castilleja received approval for a CUP to replace the school’s gymnasium. Then, the CUP approval was considered enough to grant the request. Today, with Council’s direction to strictly apply the zoning code, removal of non-complying floor area conflicts with PAMC Section 18.70.100 and cannot be remedied without a Variance application or legislative change to the municipal code. To approve a Variance application, the PTC must conclude that the project meets four required findings, specifically: 1. Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or su rroundings, the strict application of the requirements and regulations prescribed in this title substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. Special circumstances that are expressly excluded from City of Palo Alto Page 8 consideration are: a. The personal circumstances of the property owner, and b. Any changes in the size or shape of the subject property made by the property owner or his predecessors in interest while the property was subject to the same zoning designation. 2. The granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property, 3. The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning), and 4. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, will not be detrimental to the public health, safety, general welfare, or convenience. A majority of the PTC (4-2) was able to make the required findings as documented in the attached RLUA. The dissenting Commissioners voted against the Variance because they could not find that Castilleja was disadvantaged by the size of their parcel, or that the granting of the variance did not covey a grant a special privilege to the applicant. Moreover, similar to the CUP findings above, they could not find the project compliant with the City’s zoning code (with respect to the subterranean parking facility). Accordingly, they found, based on the foregoing and public testimony included in the administrative record, that the grant ing of the variance would be detrimental to the general welfare. The PTC held hearings for this project on August 26, September 9, October 28, November 4, and November 18, 2020. In addition, the PTC had held a scoping meeting in advance of the EIR preparation in early 2017. The 2020 staff reports are available online7 as are excerpt minutes8, presentations9 and videos.10 7 August 26, 2020 PTC report https://www.cityofpaloalto.org/civicax/filebank/documents/78103 September 9, 2020 PTC report https://www.cityofpaloalto.org/civicax/filebank/documents/78347 October 28, November 4, 2020 PTC report https://www.cityofpaloalto.org/civicax/filebank/documents/79015 8 August 26th PTC minutes https://www.cityofpaloalto.org/civicax/filebank/documents/78326 September 9, 2020 PTC minutes https://www.cityofpaloalto.org/civicax/filebank/documents/78760 October 28, 2020 PTC minutes https://www.cityofpaloalto.org/civicax/filebank/documents/79244 November 4, 2020 PTC minutes https://www.cityofpaloalto.org/civicax/filebank/documents/79241 November 18, 2020 PTC minutes https://www.cityofpaloalto.org/civicax/filebank/documents/79557 9 August 26th presentation https://www.cityofpaloalto.org/civicax/filebank/documents/78198 September 9th presentation https://www.cityofpaloalto.org/civicax/filebank/documents/78373 October 28th presentation https://www.cityofpaloalto.org/civicax/filebank/documents/79032 10 PTC meeting videos: https://midpenmedia.org/category/government/city-of-palo-alto/boards-and- commissions/planning-and-transportation-commission/ City of Palo Alto Page 9 HRB and Historic Review Recommendation The HRB had conducted a hearing on the Draft EIR in 2019. The HRB reviewed the Final EIR on September 24, 2020 and provided input on the project and AR approval findings as required by Code. The HRB requested a condition of approval enabling HRB subcommittee review of a stairway modification to the historic Gunn Building. This condition is included wit hin the RLUA (Section 9, Condition 1). Links to the HRB staff report, excerpt minutes, presentation and video are provided on the project homepage https://www.cityofpaloalto.org/gov/topics/castilleja_school/default.asp. Environmental Impact Report Certification To evaluate the potential environmental impacts of the proposed project, staff hired a consultant to prepare an EIR. The project studied in the EIR reflects the original project application. During application processing, the Disbursed Circulation/Reduced Garage Alternative emerged as the applicant’s preferred project. This alternative, also studied in the EIR, was the environmentally superior project (while also achieving project objectives) and was favored by each of the City’s Boards and Commission that reviewed and made recommendations on the project. Each Board and Commission had an opportunity to review and comment on the environmental documents, received public testimony and considered the EIR in their respective deliberations on the project. Each Board and Commission has forwarded a recommendation for EIR certification to the City Council. Additional environmental analysis is provided toward the end of this report. City Council The City Council’s appointed Board and Commission members that have a role in land use decisions reviewed the administrative record and forwarded various recommendations to the City Council. The City Council is acting in a quasi-judicial capacity and can accept or reject the draft recommendations. Typically requests for AR, CUP and Variance applications are not presented to the City Council unless a project has been appealed from a Director’s decision. However, PAMC Section 18.40.170 provides that Director of Planning and Development Services may defer a project, when deemed appropriate, to the City Council. Given the significant public engagement and interest in this project, the matter is being deferred to the City Council. Before the City Council are several specific actions and entitlement requests, including: 1. Certification of the Final EIR; 2. Approval of an Architectural Review application for a three-year phased development that includes demolition of certain buildings, a new below grade swimming pool, City of Palo Alto Page 10 subterranean garage, a new academic building and other site improvements. 3. Approval of a CUP that: a. Increases student enrollment, in phases, to 540 students; b. Establishes a more robust TDM plan; c. Specifies a maximum number and intensity of campus special events; d. Authorizes a temporary campus on Castilleja’s Spieker Field; e. Specifies several operational and program controls on Castilleja; and 4. Approval of a Variance application that allows for the demolition and replacement of existing academic gross floor area in excess of the R1 maximum floor area ratio. Staff recommends, given the considerable public interest in this project, that the Council receive staff, consultant and application presentations and then public testimony before closing the public comment portion of the meeting and continue the item for Council questions and deliberation to March 15. Discussion: The establishment of Castilleja predates many homes in the area. Its academic mission is broadly supported and in and of itself has never been a point of contention. In fact, many Palo Altans are proud to have a prestigious, nationally ranked school in their neighborhood, consistent with the City’s long tradition and commitment toward outstanding educational opportunities. At issue for many project opponents is that Castilleja school administrators allowed student enrollment to exceed its permitted limits, which has resulted in more traffic congestion, school-related intrusions into the surrounding neighborhood and an exp ansion of special events that far exceeded the level of activity anticipated in prior City approvals. Castilleja for its part has acknowledge it has made some mistakes and has worked with City officials to get back into compliance. Castilleja’s implementat ion of its TDM plan has been very successful and generates fewer trips now, with more students, than it did two decades ago. The school has hired an administrator to coordinate all Castilleja special events and has meaningfully reduced the number of events from its peak. Castilleja and area residents meet periodically and at different occasions have attempted mediation to help resolve conflicts, but those efforts did not achieve desired outcomes. Many in opposition to the project generally accept the notion that the campus should be allowed to modernize its classrooms and facilities but reject the idea of a subterranean parking facility, expansion to student enrollment, and would like to see the number of events substantial curtailed. Some have suggested Castilleja pursue a satellite facility or relocate all together to accommodate its expansion interests elsewhere in the City. Staff has explored this concept with the applicant but concluded there are no feasible options to support this idea. City of Palo Alto Page 11 To address many of these conflicts, it is appropriate to reexamine Castilleja’s existing CUP to consider if there are opportunities to tighten its operational conditions, provide greater relief to area residents, establish direct communication channels for dispute r esolution and meaningful penalties and enforcement. At a minimum, adjustment to the special events condition is needed, but the community and Castilleja would benefit from a more comprehensive approach. To the extent an updated CUP can also incorporate Castilleja’s interests to modernize its campus and expand enrollment with greater protections for residents is a policy consideration for the City Council. While staff and the City Council’s appointed Board and Commission members have navigated through the issues and forward recommendations to achieve a possible balance, there are a couple of procedural considerations that require exploration before certain operational or topic-related issues can be addressed. To start, one issue that has been an ongoing conc ern for many residents from the outset is the subterranean parking facility. While there are design and operational aspects to this issue, more fundamentally there is a question as to whether it is permitted by the City’s zoning code. Subterranean Parking Facility – Code Interpretations The City Council’s direction on whether the subterranean parking facility is a permitted aspect of the project design is anticipated to have one of the following outcomes: • A finding that the proposed parking facility complies with the code would enable continued consideration of the applicant’s request with likely no major redesign or procedural changes. • A finding that the proposed parking facility does not comply with the code would require either a significant project redesign, an adjustment to the Variance application, or a text amendment to authorize the structure in an R1 zone for private schools. If the City Council generally supports the idea of the subterranean parking facility, but finds procedurally it is not supported by the language in the existing zoning code, it would be appropriate to state this so the applicant could initiate the process of a text amendment, which requires review before the PTC. If there is not majority support for a text amendment or adjustment to the Variance application, a project redesigned would be required. The municipal code requires off-street parking for various land uses. To meet code required parking for the project, the applicant proposes two surface parking lots and a below gr ade parking facility. The design also serves to mitigate noise associated with student drop off/pick, focus traffic circulation onsite and provide – through tandem parking or assisted parking – additional capacity for special events intended to minimize vehicle parking in neighborhoods. City of Palo Alto Page 12 The use of subterranean parking facilities is supported by the City’s Comprehensive Plan.11 The ARB in its review considered the parking facility a superior design solution to surface parking lots. Some area residents object to the below grade parking facility due to the construction impacts, concern over the loss of mature, protected trees and localized impacts at driveway ramps. When evaluating whether the subterranean parking facility is a permitted design solution to address the off-street parking demand, staff found there were aspects of the code that did not clearly address the issue and required interpretation. Specifically, three questions needed to be addressed: 1. Are subterranean parking facilities permitted in the R1 zone for non-residential uses? 2. If permitted, does this floor area count toward the project’s gross floor area? 3. Can a subterranean parking facilities be located under a field without a building above it? Each of these questions and staff’s decision path are described below. 1. Are subterranean parking facilities permitted in the R1 zone for non-residential uses? The Municipal Code generally permits parking to be placed at, above, or below-grade. With respect to location, the code simply requires that parking to be located on the same site as the principal use. The City’s basic parking requirements are provided in PAMC Chapters 18.52 and 18.54: • PAMC 18.52.030(g) (Location) – “All off-street parking facilities required by this chapter shall be located on the same site as the use for which such facilities are required, except as authorized pursuant to Section 18.52.050 [Adjustments by the Director].” • PAMC 18.54.020(a) – “Parking Facility Design. Parking facilities shall be designed in accordance with the following regulations: (1) Requirements for dimensions of parking facilities at, above, and below grade are contained in this section and in Figures 1-6 and Tables 3-6 of Section 18.54.070. [. . .]” PAMC Chapter 18.12 does provide a specific limitaiton on underground parking for single -family uses in the R-1 zone: 11 Palo Alto Comprehensive Plan Policy T-5.6: Strongly encourage the use of below-grade or structured parking and explore mechanized parking instead of surface parking for new developments of all types while minimizing negative impacts including on groundwater and landscaping where feasible. City of Palo Alto Page 13 • PAMC 18.12.030(e) – “Underground parking is prohibited for single-family uses, except pursuant to a variance granted in accordance with the provisions of Chapter 18.76, in which case the area of the underground garage shall be counted in determining the floor area ratio for the site.” While underground parking is prohibited for single-family uses, there is no prohibition for non- residential uses in R-1 zones. On this point alone, staff does not believe the code allows for any reasonable debate. The more difficult questions arise in relation to whether and underground parking for a non-residential use in the R-1 zone should count as gross floor area. 2. Provided subterranean parking facilities are permitted in the R1 zone for non-residential uses, does this floor area count toward the project’s gross floor area? Property in the R1 zone is limited to a maximum gross floor area that is calculated using a floor area ratio. Castilleja exceeds the maximum gross floor area for the site having 116,297 square feet where only 81,379.5 square feet are allowed. The existing gross floor area was legally established, but code changes rendered the site non-complying in 1998. The applicant’s Variance request addresses the removal and replacement of non-complying gross floor area but does not include any floor area related to the subterranean parking facility. To determine if underground parking counts toward gross floor area the parking facility itself needs to be defined. Palo Alto Municipal Code Sections 18.04.030(a)(65)(C) and 18.12.040 state that “carports” and “garages” shall be included in gross floor area for the R-1 zone. However, the code defines both “carport” and “garage,” as parking facilities for residential uses. • PAMC 18.04.030(a)(24.5) “Carport” means a portion of a principal residential building or an accessory building to a residential use designed to be utilized for the parking or storage of one or more motor vehicles, which is at least 50% open on two or more sides, including on the vehicular entry side, and covered with a solid roof. • PAMC 18.04.030(a)(59) “Garage, private” means a portion of a principal residential building or an accessory building to a residential use designed to be utilized for the parking or storage of one or more motor vehicles, which is encl osed on three or more sides and covered with a solid roof. Since these definitions relate to residential buildings and uses – they do not apply to the proposed parking facility for a non-residential use. Rather, staff concluded, the subterranan parking faciity was more akin to a basement, defined City of Palo Alto Page 14 as follows in the zoning code: • PAMC 18.04.030(a)(15) “Basement" means that portion of a building between the lowest floor and the ceiling above, which is fully below grade or partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. PAMC sections 18.04.030(a)(65)(D) and 18.12.090(b) provide that basements are exluded from gross floor area for the R-1 zone. Section 18.12.090(b) provides additional detail: • PAMC 18.12.090(b) Basements shall not be included in the calculation of gross floor area, provided that: 1. Basement area is not deemed to be habitable space, such as crawlspace; or 2. Basement area is deemed to be habitable space but the finished level of the first floor is no more than three feet above the grade around the perimeter of the building foundation; or 3. Basement area is associated with a historic property as described in Section 18.04.030(a)(65)(D)(vii). Accordingly, staff concluded the proposed subterranean parking facility is, by definition, neither a carport nor a garage and is instead more closely aligned with the definition of a basement, which is excluded from gross floor area. Staff acknowledges, as discussed further below, that assigning the basement definition to the subterranean parking facility is not a perfect match, but arguably offers the best guidance. There is at least one recent project, Congregation Kol Emeth (2016), that includes a subterranean parking facility in the R-1 zone, which was not counted as gross floor area. This example does not in itself make this interpretation accurate but provides some context for how this issue was addressed previously. Council may draw a different conclusion from staff as to the appropriateness of using the definition of basement as a guide toward gross floor area. The Council may find that the area devoted toward parking should count toward gross floor area because it does not fit within any of the specified exclusions. In this instance, the applicant could seek to revise the proposed Variance application to include the request for the subterranean parking facility and the associated gross floor area. Council would then need to evaluate that request to the Variance findings. A legislative solution amending the code to allow non-residential, subterranean parking facilites to be exempt from floor area is another possible path forward if Council does not support staff’s interpretation but supports a subterranean garage structure. 3. Can a subterranean parking facilities be located under a field without a building above it? City of Palo Alto Page 15 Staff’s interpretation to link the subterranean parking facility to the basement definition for the purpose of determing gross floor area requires another interpretation for non -residential uses in the R1 zone. Although the municipal code does not restrict the location of subterranean parking facilities for non-residential uses, the R-1 zone, PAMC section 18.12.090(a), does regulate the location of basements: • PAMC 18.12.090(a)12 – Basements may not extend beyond the building footprint and basements are not allowed below any portion of a structure that extends into required setbacks, except to the extent that the main residence is permitted to extend into the rear yard setback by other provisions of this code. Staff has previously interpreted this language to apply only to residential uses, based in part to the code’s reference to a main residence. If, as staff has interpreted, this section does not apply to non-residential uses in the R1 zone, then the request for a subterranean parking facility would be evaluated based on required findings for the CUP and AR applications. This is the approach that was applied to Congregation Kol Emeth and is similar in concept to the approach used in 2006 when Castilleja rebuilt its gymnasium. Notwithstanding staff’s prior interpretations, the City Council may provide alternative direction on how ambiguities in the code should be resolved going forward, including for the subject project. Staff has communicated with the applicant team and has been forthright with the community and PTC that these interpretations require scrutiny and that the City Council ultimately decides if these interpretations can be supported. The PTC similarly struggled with these interpretations, which resulted in the split 3-3 vote on the CUP Finding number 2 concerning the project’s compliance with the municipal code. As stated previously, the above interpretations are gating issues for the project. Based on Councils findings, the project may require redesign, supplemental discretionary or legislative applications. The Council may decided, following public testimony, to tackle these issues before addressing the following operational and other topical aspects of the project. Enrollment The applicant proposes a phased enrollment schedule that would immediately increase the number of students from 415 to 426 upon project approval; extending to 490 students after completion of the subterranean garage; and, a maximum of 540 students when all construction is finished. No more than 25 students would be added in any academic year. This schedule was 12 Section 18.12.090(a) is only relevant to the extent the underground parking facility is considered a “basement,” as staff suggest would be appropriate in these circu mstances. Should the Council disagree that the structure is a basement, section 18.12.090(a) would have no bearing on its location. City of Palo Alto Page 16 supported by a majority of the PTC (4-2) and is reflected in the draft RLUA (Section 8, Condition #4). Increasing student enrollment is a primary reason for filing the subject applications. Many in the community are concerned that increasing student enrollment will increase the intensity of activity at the site bringing more vehicle trips, congestion, and further disruption to what is describe as an already impacted residential neighborhood. Conditional Use Permit findings are cited that increasing student enrollment would detrimentally impact the general welfare of the neighborhood. A minority perspective on the PTC was to limit the school to 450 students and, after a couple of years, reward Castilleja with increased enrollment after it demonstrated ongoing compliance with the CUP, including limits on vehicle trip counts. This approach was seen as an opportunity for Castilleja to restore some of the trust it lost in the community when it exceeded its enrollment cap. The prevailing perspective held that the number of students enrolled at the school was less important than Castilleja’s ability to meet its trip reduction targets. A robust TDM plan and other conditions such as a no net new vehicle trip requirement and the ability to freeze or lower enrollment for not meeting trip reduction goals were cited as appropriate to mitigate future impacts. The City Council in its review has broad discretionary to consider the appropriateness of any increase to the Castilleja’s enrollment. Community input and consideration of the application findings and draft conditions can help guide the appropriate maximum enrollment, when it can be achieved, whether phased increases should be allowed and when it would begin. Special Events Castilleja holds many events to support its academic mission and campus experience. Typical events include student performances, admission/orientation meetings, alumni/donor events, social dances and other celebrations. The applicant proposes to host 90 events13 during the academic year, with an event being one with more than 50 attendees. Five events are listed as major events ranging from 300 to 700 attendees, while about one-third of the events have less than 100 attendees and the balance between 100 and 400 attendees. The PTC in its review of the project supported a maximum of 74 events and capped major events to 500 attende es. The draft RLUA defines what an event is and incorporates several restrictions that are fairly prescriptive with the intent of adding more specificity than exists with the current CUP (Section 8, Condition #6). Some on the PTC considered this approach heavy-handed, but the size, 13 List of Castilleja Events: https://www.cityofpaloalto.org/civicax/filebank/documents/53960 City of Palo Alto Page 17 frequency and intensity of events has been a consistent source of a complaints reported by some area residents and was an area of disagreement between the City and the applicant. The draft condition clarifies any ambiguity and provides clear parameters to help facilitate compliance with this condition. The applicant has acknowledged it can reduce the number of special events to 74 as conditioned but cautioned that further reductions would begin to impact their program interests and social engagement opportunities for students. Special events will be posted in advance each academic year on the school’s website and will be subject to the proposed TDM plan. While the proposed reduction in events does not go as far as some resident s would like, staff and the PTC find the 74 events with all its restrictions an appropriate balance between Castilleja’s needs with protections for the neighborhood. The City Council, however, has discretion to change any aspect of this condition imposing more or less restrictions as it deems appropriate based on the CUP findings. Transportation Demand Management (TDM) Program and Conditions There is a strong interest in the community to mitigate impacts associated with the school and the proposed project. One of the clearest causal relationships between the increase in enrollment is the concern that it will generate more vehicle trips and more intrusions into the residential neighborhood. While it is generally accepted that there will be some localized disruption in proximity to a school during drop off and pick up times and during some events, the goal is to minimize this disruption to the extent feasible. One tool the City uses for many projects is a TDM plan but, to be effective, it requires frequent monitoring and adjustment. Castilleja has an approved TDM and submits periodic reports to the City, documenting its successful implementation. Since 2000, Castilleja’s AM Peak trip rate per student when from 1.33 with 385 students to as low as 0.81 in 2018 w ith 434 students. As part of the application submittal, Castilleja has proposed additional TDM measures that is intended to achieve more trip reduction results. Conditions 20 through 27, 29 and 32 set forth the requirements for a TDM plan that including ne w enhanced measures, applicable mitigation measure from the EIR and other staff proposed adjustments. The TDM plan includes a comprehensive monitoring and reporting schedule as well as penalties that may result in enrollment freezes or reductions if the compliance with aggressive trip counts are not achieved. The draft TDM plan criteria is among the most robust considered in Palo Alto in terms of its trip reduction goals, monitoring, reporting and penalty assignments. Though, the Council in its review may determine additional measures are needed to mitigate potential impacts. The PTC further tethered the connection between student enrollment increases and trip generation. While staff had proposed a formula-based approach to achieve a certain number of trips per student measured during the AM Peak and for average daily trips (ADT) as enrollment increased, the PTC the opted for a ‘no net new trips’ approach based on trip analysis prepared City of Palo Alto Page 18 in the EIR. According to this model, Castilleja’s enrollment could increase (in accordance with the schedule provided in Section 8, Condition #4) if it maintained an ADT of 1,198 trips and an AM Peak of 383 trips, or less. This would represent an AM Peak trip rate of 0.71 per student at the maximum enrollment of 540 students. Monitoring would occur three times during the academic year and, during each of those reporting periods, an additional seven consecutive day monitoring period would be required at a time determined by the Director (Section 8, Condition 22). A violation occurs if the school fails to meet the established thresholds and enrollment increases are stayed until Castilleja can document compliance over two consecutive reporting periods. There are other conditions that authorize the Director to scale back enrollment for the next incoming class by five students at a time if compliance with trip target is not achieved. The applicant expressed concern with the PTC’s no net new trip recommendation and submitted a letter14 encouraging the Commission at its November 18th meeting to reconsider its position. The letter argues that there is no substantial evidence to support this recommendation and that the staff condition effectively achieved the Commission’s intent to reduce vehicle trip impacts. The Commission was unmoved by the request, and the no net new trips recommendation has been incorporated into the draft RLUA (Section 8, Condition 22). With the inclusion of the no net new trips standard, staff removed a condition (Section 8, Condition 34) requiring the applicant to make a fair share contribution for intersection improvements at Kingsley Avenue and Alma Street, which was intended to address a (non - CEQA related) level of service impacts at this intersection. With the no net new trips condition, the applicant is not worsening service levels at this intersection. The PTC recommended other adjustments to the TDM conditions to require reconsideration of the need for continued data collection after 15 years , clarify report schedules and require real time data15 collection to be shared with the City for trip counters that would be installed on the property. Enforcement, Compliance and Reporting Having an effective monitoring and enforcement program is essential to ensure community 14 Applicant’s Letter dated, November 17, 2020: https://www.cityofpaloalto.org/civicax/filebank/documents/79234 15 Real time data collection of trip counters has some useful benefits serving as an additional data source to corroborate applicant monitoring reports and may serve to indicate if there are data collection problems with any of the counters. This raw data, however, requ ires staff or consultant analysis to calculate ADT and to determine the two hour AM Peak period. It also requires reviewing the data to authorized special events, which are days excluded from the ADT calculation. Staff is not sufficiently resourced to acti vely monitor this data and conduct daily analysis. Rather, staff will likely review the data periodically during the review period and conduct any analysis concurrent with the established reporting cycle. City of Palo Alto Page 19 expectations for performance and compliance with conditions of approval are met. The draft conditions of approval establish objective standards that make it clear when a violation has occurred. The conditions allow for public meetings before the PTC for any violation of the CUP, TDM Plan or mitigation measures. The applicant is required to maintain a deposit with the City for annual performance reviews, TDM monitoring and analysis, proactive and complaint -driven enforcement. The conditions of approval and Mitigation Measure (MM) 7a (Attachmen t 1, Exhibit B) provide additional enforcement authority related to the following: • Suspending student enrollment increases and authority to reduce enrollment; • Timelines to cure violations; • Imposition of financial penalties for violations in accordance with the City’s fee schedule; • Funding for the City’s installation of traffic counter devices on City street segments (Emerson, Bryant, Kellogg), including independent technical review; Staff’s approach was to be as comprehensive as possible without overly burdening the applicant or pushing enforcement to area residents. While some residents may observe issues and file complaints, the intent is that the City’s code enforcement program would conduct annual reviews and proactively follow up on TDM compliance and other conditions of approval. Tree Preservation, Planting and Removal The project plans have evolved significantly since the application was first submitted and there have been many refinements to the tree preservation and planting plan. The loss of trees has been an ongoing concern for many in the community and the revised plans have minimized the number of impacted trees. All trees, included protected trees planned to be removed, comply with the City’s tree preservation ordinance. Some in the co mmunity have argued the City erred in its application of the tree preservation rules. Staff have communicated with area residents and cited PAMC Section 8.10.050(b)(2)16 as the operative code provision that allows for the removal of protected trees. Since the PTC and ARB review of the project, staff has made some minor adjustments to the draft conditions to provide greater specificity and notations regarding tree preservation treatments (Conditions 70 and 71). The applicant’s tree plan in some areas incorr ectly diagrams 16 PAMC 8.10.050(b)(2): If no building footprint exists, protected trees shall not be removed unless the trunk of the tree is located in the building area, or the director of planning and development services has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. NOTE: the protected trees being removed or relocated are within the project site’s building area. City of Palo Alto Page 20 the tree preservation zones but these graphic errors can be addressed during plan review and do not affect the careful analysis performed by the City’s Urban Forester. A summary of the tree removal, replacement and relocation schedule is pro vided below: • 14 trees are to be removed, including 2 Coast Live Oaks o 43 replacement trees to be planted onsite, including eight Coast Live Oaks • 28 trees are to be relocated, including 2 Coast Live Oaks o 47 mitigation trees to be planted to compensate for less vigorous tree growth in relocated trees, including six Coast Live Oaks • 4 trees were already removed, including 2 Redwoods o 9 replacement trees to be planted onsite All other non-native ornamental trees will be replaced with native tree species (except 1 Blue Atlas Cedar and 1 Palm). All replacement tree sizes will be installed with adequate root -ball area in accordance with City standards. Based on this plan, 18 trees would be removed and 99 new trees would be planted. Temporary Campus Castilleja will continue to operate and have in-class instruction while the site is redeveloped. Two story modular buildings are proposed on Spieker Field for classrooms, dining, administrative support offices and ancillary purposes. The proposed layout and renderin g of the modular buildings are available online at https://www.cityofpaloalto.org/civicax/filebank/documents/78343 and https://www.cityofpaloalto.org/civicax/filebank/documents/78344 , respectively. It is anticipated trees to be planted onsite will be placed temporarily in tree boxes around the modular buildings to further enhance the aesthetic. The draft conditions of approval also provide for the timely removal of the modular buildings and preclude increases in student enrollment beyond 490 students until the modular are removed. Other Operational Conditions Included in the draft conditions are several restrictions that pertain to the overall operation of a school in a residential neighborhood. Some of these address noise, including noise from the below grade swimming pool; lighting; hours of operation; summer school activity; and, use of the playing field. Some conditions are carried over from prior approvals. Community Engagement There are several conditions that set forth the expectation for how the school will engage its neighbors and respond to complaints. There are requirements post monitoring reports and other information online, establishing a dedicated contact phone number and continuing a prior condition for regular community meetings. City of Palo Alto Page 21 Construction As with any construction project, localized disruption from truck traffic, construction equip ment and related activity will be most impactful to residents closest to the project site. The site’s adjacency to Bryant Bike Boulevard and the added consideration of students accessing a school that is under construction requires additional precautions. The EIR’s mitigation monitoring and reporting program includes several requirements to address various issues, including: • MM 12a requires compliance with and implementation of the geotechnical recommendations; • MM HAZ-1 addresses demolition of hazardous materials • MM BIO-1 and 2 address construction with respect to bird nesting and bat roosts • MM 4b addresses tree protection related to demolition and construction; • MM6a and MM6b address historic resource protection during construction and crew training on cultural resources at each construction phase; The Mitigation Monitoring and Reporting Program (MMRP) includes timing and performance evaluation criteria for these measures. A construction logistics plan is required and provides for coordination between various City departments and consideration for how students will access the school safely, as well as onsite construction staging and parking. Policy Implications: The project is a significant redevelopment of land located in a residential neighborhood. The size of the parcel, its use as a private school and the associated impacts to those living nearest to the site requires thoughtful consideration. The attached application findings, conditions and other supporting documents, such as the EIR and MMRP can he lp guide the Council in its deliberation on the requested discretionary applications. This subject application has generated significant interest both from project proponents and those in opposition. Staff and the Council-appointed Boards and Commission charged with reviewing the project have attempted to balance competing interests and thoroughly vet the project in advance of the City Council’s action. One critical aspect of the project relies on a zoning code interpretation related to the subterranean parking facility and whether in an R1 zone it is exempt from gross floor area and, if exempt, can be placed outside the footprint of an above-grade structure. The site is already over the permitted floor area allowance and the addition of a parking facility that counts toward the site’s total gross floor area would require approval of a Variance or legislative amendment to the zoning code. Neither action is before the City Council at this time, but could be scheduled if directed by Council. City of Palo Alto Page 22 If there is support for project approval, the City Council could take action on the discretionary entitlements as recommended in this report and supported by related attachments. This action could take place even if the Council was unsure of the zoning code interpretation applied to the project. One remedy could be to direct staff to prepare a text amendment to clarify the zoning code in alignment with staff’s past interpretations. Another approach is to delay action on the requested entitlements and ask the applicant t o file a text amendment for Council consideration, or alternatively, encourage a project redesign if there is not support for a subterranean parking facility. Resource Impact: The are no signifcant budget or fiscal impacts associated with the processing of this application, which is paid for by the applicant, including associated consultant costs. If approved, the City would receive limited, discret deposits to fund ongoing enforcement and for the installation of vehicle trip counters on the public right of way. The City would also collect permit fees to recover the costs of the building permit and inspection services. Stakeholder Engagement: City staff have an extensive contact list through the City’s website that includes a project page where subscribers have received notifications for hearings and newly posted documents, and other updates. The project website is: https://www.cityofpaloalto.org/gov/topics/castilleja_school/default.asp. In addition, staff have responded to community inquires, participated in meetings with area residents and the applicant team as needed or requested. The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of the City Council public hearing was published in the Daily Post on February 26 which is 10 days in advance of the meeting. Notice cards were sent on February 22 which is 14 days in advance of the meeting. Environmental Review: As the Lead Agency pursuant to Public Resources Code Section 21067, the City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to provide an assessment of the potential environmental consequences of approving the Project. The “Draft EIR” was circulated for public review from July 17, 2019, through September 16, 2019. During the Draft EIR public comment period, two public hearings were held allowing public testimony on the Draft EIR: (1) the Planning and Transportation Commission (PTC) hearing of August 14, 2019; and (2) the Historic Resources Board (HRB) hearing of September 12, 2019. The Draft EIR identified mitigation measures that would reduce each of the Project’s potentially significant effects to a City of Palo Alto Page 23 less-than significant level; one unmitigated impact (the TIRE impact on Emerson Street) was due to the Project’s creation of one student drop -off location within a proposed underground parking facility. The City of Palo Alto considered the comments received during the Draft EIR public review period and prepared responses to comments. An alternatives analysis was completed and included in the Final EIR. The alternatives included these alternatives – and summaries, analysis and feasibility of the alternatives are provided in Attachment A. • Six alternatives preliminarily considered but rejected from detailed analysis because they were incapable of meeting most of the basic project objectives, would not reduce or avoid any of the project’s significant effects, and/or would require speculation to evaluate. These include: offsite alternative – relocate full campus, partial offsite alternative (relocate a portion of the student body and staff to a new second campus), other offsite options (relocate sports and special events to other locations), surface parking, modified circulation routes, and minimum enrollment increase. • Detailed analysis of three project alternatives: the No Project Alternative (as required by CEQA), the Moderate Enrollment Increase Alternative, and the Moderate Enrollment Increase with Reduced Parking Alternative. • In response to comments received on the Draft EIR, the Final EIR evaluated the Disbursed Circulation/Reduced Garage Alternative, which has replaced the proposed project. • The Final EIR also considered the one additional alternative – the No Garage Alternative – and provided additional discussion of the alternatives that were preliminarily considered in the Draft EIR but rejected from detailed analysis as described above. These included consideration of various alternative enrollment caps, creating a split campus or a second campus, and relocating the school. In February 2020, the Applicant submitted a Project Alternative, the “Disbursed Circulation/Reduced Garage Alternative”, intending to address the Emerson TIRE impact and other community concerns voiced during the Draft EIR comment period. The City considered the comments received during the Draft EIR public review period and prepared a Final EIR. The Final EIR also analyzed the Applicant’s Disbursed Circulation/Reduced Garage Project Alternative (EIR Alternative #4), and further analyzed or discussed other previously identified alternatives. The Final EIR, which identified Project Alternative #4 as fully mitigated, was published July 30, 2020. In accordance with the California Environmental Quality Act (CEQA), the City provided notice of availability of the Final EIR. Public hearings before the Architectural Review Board, Historic Review Board, and Planning and Transportation were held to consider the Final EIR and various discretionary applications on August 20, August 26, September 9, September 24, October 1, October 28, November 4, City of Palo Alto Page 24 November 5, and November 18, 2020. The mitigation measures listed in conjunction with each of the project findings, as implemented through the Mitigation Monitoring Plan (MMP), will eliminate or reduce to a less than significant level all adverse environmental impacts of the Castilleja School Project – Disbursed Circulation/Reduced Garage Alternative. Taken together, the Final EIR, the mitigation measures, and the MMP provide an adequate basis for approval of the Castilleja School Project – Disbursed Circulation/Reduced Garage Alternative. In accordance with CEQA Guidelines §15091(a), a specific finding is made for each impact and its associated mitigation measures. Mitigation measures are in the EIR and the MMRP. The topic areas where required mitigation measures address the impacts are: •Land Use and Planning (Impacts 4-1, 4-2, and 4-3) •Aesthetics (Impact 5-3) •Cultural Resources (Impact 6-1) •Transportation (Impacts 7-1, 7-4, 7-5, and 7-7) •Noise (Impacts 8-1, 8-2, 8-3) •Air Quality (Impacts 9-1, 9-3) A comprehensive summary of the environmental impacts associated with the above topics is included in Attachment A, Exhibit A. For each impact, mitigation measures have been identified that would reduce the environmental impact to a level of insignificance. Attachment A, Exhibit B includes the MMRP that details how these impacts will be mitigated. The proposed project being considered by the City Council is the Disbursed Circulation/Reduced Garage Alternativeand it is the environmentally superior project that also meets the project objectives. There are no significant unavoidable impacts associated with the proposed project alternative. Each of the City Council appointed Boards and Commission forwarded recommendations to the City Council for certification of the Final EIR. Prior to taking action to approve the project, the City Council would need to adopt a resolution certifying the EIR and adopting the MMRP. Attachments: Attachment A: Resolution for EIR and MMRP Exhibit A to Attachment A: Castilleja CEQA Findings 020421 Exhibit B to Attachment A: Casti MMRP Attachment B: Record of Land Use Action RESOLUTION NO. ______ Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the Final Environmental Impact Report (EIR) for the Castilleja School Project, Making Certain Findings Concerning Significant Environmental Impacts, Mitigation Measures, and Alternatives, and Adopting a Mitigation Monitoring and Reporting Program (MMRP) On _________, the City Council of the City of Palo Alto (“City Council”), in certifying the Final EIR for the Castilleja School Project and adopting the MMRP, finds, determines, and RESOLVES as follows: RECITALS A. The Castilleja School Foundation (“Applicant”) has proposed the Castilleja School Project, which includes approval of a Conditional Use Permit, Variance, and Architectural Review associated with a phased increase in enrollment to 540 students, demolition and redevelopment of several campus buildings, and construction of an underground parking garage (the “Project”). B. Approval of the Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines promulgated thereunder (“CEQA”). C. The City is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Project. D. The City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to provide an assessment of the potential environmental consequences of approving the Project. E. A Draft Environmental Impact Report (“Draft EIR”) was circulated for public review from July 17, 2019, through September 16, 2019. During the Draft EIR public comment period, two public hearings were held allowing public testimony on the Draft EIR: (1) the Planning and Transportation Commission (PTC) hearing of August 14, 2019; and (2) the Historic Resources Board (HRB) hearing of September 12, 2019. F. The Draft EIR identified mitigation measures that would reduce each of the Project’s potentially significant effects to a less-than significant level; one unmitigated impact (the TIRE impact on Emerson Street) was due to the Project’s creation of one student drop-off location within a proposed underground parking facility. G. The City of Palo Alto considered the comments received during the Draft EIR public review period and prepared responses to comments. H. In February 2020, the Applicant submitted a Project Alternative, the “Disbursed Circulation/Reduced Garage Alternative”, intending to address the Emerson TIRE impact and other community concerns voiced during the Draft EIR comment period; I. The City considered the comments received during the Draft EIR public review period and prepared a Final EIR. The Final EIR also analyzed the Applicant’s Disbursed Circulation/Reduced Garage Project Alternative (EIR Alternative #4), and further analyzed or discussed other previously identified alternatives. The Final EIR, which identified Project Alternative #4 as fully mitigated, was published July 30, 2020. In accordance with the California Environmental Quality Act (CEQA), the City provided notice of availability of the Final EIR. J. The City conducted hearings before the Architectural Review Board, Historic Review Board, and Planning and Transportation to consider the Final EIR and various discretionary applications on August 20, August 26, September 9, September 24, October 1, October 28, November 4, and November 5, 2020. K. The Council is the decision-making body for approval of the proposed Project. 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 significant effects on the environment identified in the environmental impact report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALO ALTO AS FOLLOWS: SECTION 1. Certification and Statements of Findings The City Council, in the exercise of its independent judgment, makes and adopts the following findings in addition to those contained in Exhibit A, “Castilleja School Project Statement of Findings,” dated February 2021, which is incorporated by reference as though included in the body of this Resolution. These findings comply with the requirements of CEQA, including Sections 15091, 15092, and 15093 of the CEQA Guidelines, and are based upon the entire record of proceedings for the Project. All statements set forth in this Resolution and its Exhibits constitute formal findings of the City Council, including the statements set forth in this paragraph and in the recitals above. (a) The Final EIR was presented to and reviewed by the City Council on March 8 and March 15, 2021. (b) The Final EIR was prepared under the supervision of the City and reflects the independent judgment of the City. The City Council has reviewed the Final EIR, and bases the findings stated below on such review and other substantial evidence in the record. (c) The City finds that the Final 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 and the CEQA Guidelines. (d) The City Council hereby certifies the Final EIR as complete, adequate and in full compliance with CEQA and as providing an adequate basis for considering and acting upon the Castilleja School Project and makes the following specific findings with respect thereto. The City Council has considered evidence and arguments presented during consideration of the Project and the Final EIR. In determining whether the Project may have a sign ificant 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. (e) The City Council agrees with the characterization of the Final 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. (f) The descriptions of the impacts in these findings are summary statements. Reference should be made to the Final EIR for a more complete description. SECTION 2. Mitigation Monitoring and Reporting Program (a) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with standard project requirements incorporated as part of the project and mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (b) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit B and incorporated by reference, and finds, determines, and declares that the adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. // PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Planning and Development Services Castilleja School Project Statement of Findings SCH # 2017012052 February 2021 Castilleja School Project Statement of Findings 1 February 2021 TABLE OF CONTENTS Table of Contents ....................................................................................................................... 1 I. Overview and Introduction .............................................................................................. 1 II. Statutory Requirements for Findings .............................................................................. 2 III. Definitions ...................................................................................................................... 3 IV. Project Background ........................................................................................................ 4 V. Project Objectives and Description ................................................................................. 5 Project Objectives ............................................................................................... 5 Project Description .............................................................................................. 5 VI. Record of Proceedings ................................................................................................... 5 VII. List of Impacts of the Proposed Project Determined to be Less than Significant or No Impact without Implementation of Mitigation Measures ............................................. 7 Impacts Evaluated in the Draft EIR ..................................................................... 7 Impacts Evaluated in the Initial Study .................................................................. 9 VIII. Findings for Significant and Potentially Significant Impacts Reduced to Less Than Significant With Implementation of Mitigation Measures ..........................................12 Land Use and Planning ......................................................................................12 Aesthetics ..........................................................................................................14 Cultural Resources ............................................................................................15 Transportation ....................................................................................................15 Noise .................................................................................................................18 Air Quality ..........................................................................................................19 Significant and Unavoidable Impacts .................................................................21 IX. Project Alternatives Findings .........................................................................................21 Reasonable Range of Project Alternatives .........................................................21 Feasibility of Project Alternatives .......................................................................22 Analysis of Project Alternatives ..........................................................................22 X. Growth Inducement Findings .........................................................................................25 XII. Conclusion ....................................................................................................................26 Castilleja School Project Statement of Findings 1 February 2021 I. OVERVIEW AND INTRODUCTION This Statement of Findings is made with respect to approval of the Castilleja School Project and states the findings of the City Council of the City of Palo Alto (City Council) relating to the potentially significant environmental effects of the project. This Statement of Findings addresses the environmental effects associated with the proposed Castilleja School Project, located on Assessor’s Parcel Numbers 124-12- 034 (at 1310 Bryant Street), 124-12-031 (1235 Emerson Street), and 124-12-033 (1263 Emerson Street). The City Council, in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of the California Environmental Q uality Act (CEQA; Pub. Resources Code, sections 21000 et seq.), and Sections 15091, 15092, and 15093 of the CEQA Guidelines (14 Cal. Code Regs., sections 15000 et seq.). All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph. These findings are made relative to the conclusions of the City of Palo Alto Castilleja School Project Final Environmental Impact Report (State Clearinghouse No. 2017012052) (Final EIR), which includes the Draft Environmental Impact Report (Draft EIR). The Final EIR addresses the environmental impacts associated with implementation of the Castilleja School Project (the Project, as further defined in Sections IV and V below) and is incorporated herein by reference. The original Project proposal was defined in Draft EIR Chapter 3, Project Description; but the Project addressed in these Findings is the Dispersed Circulation/Reduced Garage Alternative, as described in Final EIR Chapter 2, Master Responses, Master Response 4. The project requests that the City take the following actions: 1. Certify an Environmental Impact Report and adopt the Mitigation Monitoring Plan. 2. Approve a Conditional Use Permit (CUP) Amendment. 3. Approve a Variance to maintain existing above grade FAR. 4. Approve a lot line adjustment or easement to allow for placement of the below-grade parking structure exit driveway 5. Approve Architectural Review, Grading Permits, Tree Removal Permits, and Building Permits (phased development approval(s)). Approval of the requested entitlements constitutes the project for purposes of CEQA and these determinations of the City Council. These findings are based upon the entire record of proceedings for the Project. The City Council finds as follows: 1. The record of proceedings in Section VI of these findings are correct and accurate. 2. The Final EIR has been prepared in accordance with all requirements of CEQA, the CEQA Guidelines, and the City’s Environmental Impact Ordinance, codified in Title 11 of the City’s Municipal Code. 3. The Draft EIR was presented to and reviewed by the PTC on August 14, 2019. 4. The Final EIR was presented to and reviewed with the project by the ARB (August 20, 2020, October 1, November 5), HRB (September 24, 2020), and PTC (August 26, September 9, 2020, October 28/November 4 and 18). The ARB, HRB, and PTC each provided a recommendation to the City Council that the City Council should certify the Final EIR. Castilleja School Project Statement of Findings 2 February 2021 5. The Final EIR was presented to and reviewed by the City Council on March 8 and March 15, 2021. 6. The Final EIR was prepared under the supervision of the City and reflects the independent judgment of the City. The City Council has reviewed the Final EIR, and bases the findings stated below on such review and other substantial evidence in the record. 7. The City finds that the Final 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 and the CEQA Guidelines. 8. The City Council hereby certifies the Final EIR as complete, adequate and in full compliance with CEQA and as providing an adequate basis for considering and acting upon the Castilleja School Project and makes the following specific findings with respect thereto. The City Council has considered evidence and arguments presented during consideration of the Project and the Final EIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth herein, the City Council certifies that it has complied with Public Resources Code sections 21081, 21081.5, and 21082.2. 9. The City Council agrees with the characterization of the Final 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 Final EIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below. 10. All mitigation measures in the Final EIR are adopted and incorporated into the Castilleja School Project as described in the Mitigation Monitoring Program (MMP), which includes all mitigation measures adopted with respect to the project and explains how and by whom they will be implemented and enforced. 11. The mitigation measures and the MMP have been incorporated into the Conditions of Approval for the amended Conditional Use Permit and have thus become part of and limitations upon the entitlements conferred by the project approvals. 12. The descriptions of the impacts in these findings are summary statements. Reference should be made to the Final EIR for a more complete description. 13. The Planning and Community Environment Department is directed to file a Notice of Determination with the County Clerk within five (5) working days in accordance with CEQA section 21152(a) and CEQA Guidelines section 15094. II. STATUTORY REQUIREMENTS FOR FINDINGS Significant effects of the Castilleja School Project were identified in the Draft EIR. CEQA section 21081 and CEQA Guidelines section 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 Initial Study; Castilleja School Project Statement of Findings 3 February 2021 these are listed in Section VII below. CEQA does not require that the Lead Agency prepare written findings for less than significant effects. 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 section 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” required or incorporated into the project which mitigate or avoid the significant environmental effects of the project, as stated to in CEQA Guidelines section 15091(a)(1) above, may include a wide variety of measures or actions as set forth in CEQA Guidelines section 15370, including avoiding, minimizing, rectifying, or reducing the impact over time, or compensating for the impact by replacing or providing substitute resources. III. DEFINITIONS The following definitions apply where the subject words or acronyms are used in these findings: “ARB” means the City of Palo Alto Architectural Review Board. “BAAQMD” means the Bay Area Air Quality Management District. “City Council” means the City of Palo Alto City Council. “CEQA” means the California Environmental Quality Act (Pub. Resources Code section 21000 et seq.). “City” means the City of Palo Alto. “Comprehensive Plan” means the City of Palo Alto Comprehensive Plan, as adopted in 2017 with subsequent amendments. “Condition” means a Condition of Approval adopted by the City in connection with approval of the project. Castilleja School Project Statement of Findings 4 February 2021 “CUP” means Conditional Use Permit. “Draft EIR” means the Draft Environmental Impact Report dated July 2019 for the proposed Castilleja School Project. “EIR” means environmental impact report. “Environmental Impact Ordinance” means the City of Palo Alto Environmental Impact Ordinance, as codified in Title 11 of the City of Palo Alto Municipal Code. “Final EIR” means the Final EIR as prepared for the project (which includes the NOP and Initial Study dated January 2017, the Draft EIR dated July 2019, and the Final EIR dated July 2020). “HRB” means the City of Palo Alto Historic Resources Board. “MMP” means the Mitigation Monitoring Program for the project. “Municipal Code” means the City of Palo Alto Municipal Code, including all amendments thereto. “NOP” means Notice of Preparation of an EIR. “PTC” means the City of Palo Alto Planning and Transportation Commission. “PCE” means the City of Palo Alto Planning and Community Environment Department. “Project” means the proposed Castilleja School Project, Disbursed Circulation/Reduced Garage Alternative. “TDM” means Transportation Demand Management. “TIRE” means the Traffic Infusion in Residential Environments Index. “Tree Preservation and Management Regulations” means the City of Palo Alto Tree Preservation and Management Regulations, as defined in Municipal Code Chapter 8.10. “Zoning Ordinance” means the City of Palo Alto Zoning Ordinance, including all amendments thereto. IV. PROJECT BACKGROUND Castilleja School Foundation (the project applicant) requested approval of an amendment to the school’s existing Conditional Use Permit (CUP) to increase student enrollment at the campus, architectural review of a phased campus modification plan (referred to by the applicant as the Master Plan); a Tentative Map with Exception to merge two small parcels containing dwelling units with the larger parcel; a variance for below-grade setback encroachments related to the proposed underground parking structure; and a variance to maintain existing floor-area-ratio to rebuild 84,124 square feet above grade in a different configuration. The Draft EIR evaluated the originally proposed project and found that it would result in # significant and unavoidable impacts. Castilleja School Foundation submitted a project alternative that would avoid those impacts and better address community concerns, the Disbursed Circulation/Reduced Garage Alternative. Castilleja School Foundation now proposes to proceed with this alternative. Castilleja School Project Statement of Findings 5 February 2021 V. PROJECT OBJECTIVES AND DESCRIPTION Project Objectives The Project Objectives of the project applicant are set forth in Draft EIR sections 1.3, 3.3, and 13.2, which is incorporated herein by reference. In summary, the project objectives include the following concepts: 1. Maintain a single integrated campus for the middle and upper school with new structures that integrate state-of-the-art technology and teaching practices and retain flexibility. 2. Achieve better architectural and aesthetic compatibility with adjacent neighborhoods through building design and landscaping. 3. Increase enrollment to 540 students to allow more young women the unique opportunity to receive an all-girls education. 4. Increase on-site parking and reduce both parking visibility and surface parking spaces. 5. Improve vehicular, pedestrian, and bicycle access for students and staff. 6. Ensure no increase in vehicle trips to and from the campus during AM and PM peak hours; reduce the number of service deliveries and relocate deliveries within the campus and below grade, to decrease nuisance effects to neighbors. 7. Improve the campus’s sustainability and energy efficiency. 8. Phase construction to allow continued operation of Castilleja School during construction and to reduce impacts on the neighborhood. Project Description Under the Disbursed Circulation/Reduced Garage Alternative, Castilleja School Foundation has requested an amendment of their existing CUP to increase the enrollment cap, and approval for building demolition, new building construction, and construction of a below-grade parking structure. Construction of proposed physical improvements would occur in four phases. These include constructing a below-grade parking structure, constructing a temporary campus, relocating the existing pool, relocating service deliveries a below grade service area, and demolishing the existing Campus Center and classroom buildings and replacing them with a single Academic building. The project also includes implementation of an expanded Transportation Demand Management plan and a Sustainability Road Map. A complete description of the Disbursed Circulation/Reduced Garage Alternative as proposed by the project applicant is provided in Final EIR Master Response 4. A conceptual site plan of the proposed campus is shown in Final EIR Figure MR4-1 and the proposed garage plan is shown in Final EIR Figure MR4-2. Detailed site plans for this alternative are provided in Final EIR Appendix B2. VI. RECORD OF PROCEEDINGS In accordance with CEQA section 21167.6(e), the record of proceedings for the City’s decision on the Castilleja School project includes, without limitation, the following documents:  The NOP and all other public notices issued by the City in conjunction with the project; Castilleja School Project Statement of Findings 6 February 2021  All comments submitted by agencies or members of the public during the comment period on the NOP (provided in Appendix A of the Draft EIR);  The Draft EIR (July 2019) for the project;  All comments submitted by agencies or members of the public during the comment period on the Draft EIR;  All comments and correspondence submitted to the City with respect to the Project, in addition to timely comments on the Draft EIR;  The Final EIR (July 2020) for the project, including comments received on the Draft EIR and responses to those comments;  Documents cited or referenced in the Draft and Final EIRs;  The project MMP;  All findings and resolutions adopted by the City in connection with the project and all documents cited or referred to therein;  All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the project;  All documents submitted to the City (including the HRB, ARB, PTC, and City Council) by other public agencies or members of the public in connection with the project;  Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the project;  Any documentary or other evidence submitted to the City at such information sessions, public meetings and public hearings;  The City of Palo Alto Comprehensive Plan and all environmental documents prepared in connection with the adoption of the Comprehensive Plan;  The City of Palo Alto Environmental Impact Ordinance and Zoning Ordinance (City of Palo Alto Municipal Code, Title 11 and Title 18), and all other City Code provisions cited in materials prepared by or submitted to the City;  Any and all resolutions and/or ordinances adopted by the City regarding the project, and all staff reports, analyses, and summaries related to the adoption of those resolutions;  Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations;  Any documents cited in these findings, in addition to those cited above; and  Any other materials required for the record of proceedings by CEQA section 21167.6(e). The City Council has relied on all of the documents listed above in reaching its decision on the project, even if not every document was formally presented to the City Council, PTC or City Staff as part of the City files generated in connection with the project. Without exception, any documents set forth above not found in the project files fall into one of two categories. Many of them reflect prior planning or legislative Castilleja School Project Statement of Findings 7 February 2021 decisions of which the City Council was aware in approving the Castilleja School Project. (See City of Santa Cruz v. Local Agency Formation Commission (1978) 76 Cal.App.3d 381, 391-392; Dominey v. Department of Personnel Administration (1988) 205 Cal.App.3d 729, 738, fn. 6.) Other documents influenced the expert advice provided to City staff or consultants, who then provided advice to the City Council. For that reason, such documents form part of the underlying factual basis for the City Council’s decisions relating to approval of the Castilleja School Project. (See Public Resources Code section 21167.6(e)(10); Browning-Ferris Industries c. City Council of City of San Jose (1986) 181 Cal.App.3d 852, 866; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, 153, 155.) The official custodian of the record is the Planning and Community Environment Director, 285 Hamilton Avenue, Palo Alto, CA 94301. VII. LIST OF IMPACTS OF THE PROPOSED PROJECT DETERMINED TO BE LESS THAN SIGNIFICANT OR NO IMPACT WITHOUT IMPLEMENTATION OF MITIGATION MEASURES The City Council agrees with the conclusions in the Final EIR with respect to all impacts initially identified as “no impact” or “less than significant” that do not require implementation of mitigation measures. This includes consideration of the project’s potential to have a significant contribution to cumulative impacts. The impacts determined to be less than significant or no impact without implementation of mitigation measures include: Impacts Evaluated in the Draft EIR Land Use and Planning Impact 4-4 Substantially contribute to cumulative land use impacts. Aesthetics Impact 5-1 Substantially degrade the existing visual character or quality of the site and its surroundings. Impact 5-2 Substantially shadow public open space (other than public streets and adjacent sidewalks). Impact 5-4 Substantially contribute to cumulative impacts to the visual character of the region. Cultural Resources Impact 6-2 Disturb any human remains, including those interred outside of dedicated cemeteries. Impact 6-3 Contribute to a cumulative loss of cultural resources. Transportation Impact 7-2 Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the County congestion management agency for designated roads or highways. Castilleja School Project Statement of Findings 8 February 2021 Impact 7-3 Result a change in air traffic patterns, including either an increase in traffic levels or a change in location resulting in substantial safety risks. Impact 7-6 Conflict with adopted policies, plans, or programs supporting alternative transportation or otherwise decrease the performance or safety of such facilities. Noise Impact 8-4 Expose people to noise levels that exceed established noise standards or gene rate a substantial permanent increase in ambient noise levels in cumulative plus project conditions. Air Quality Impact 9-2 Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. Impact 9-4 Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Greenhouse Gas Emissions Impact 10-1 Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Impact 10-2 Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emission of greenhouse gases. Impact 10-3 Make a cumulatively considerable contribution to emissions of greenhouse gases in the cumulative scenario. Energy Impact 11-1 Result in wasteful, inefficient, or unnecessary consumption of energy. Impact 11-2 Conflict with existing energy standards and regulations. Geology, Soils, Seismicity and Paleontology Impact 12-3 Substantial erosion or loss of topsoil. Impact 12-6 Substantially contribute to cumulative impacts associated with geology, seismicity, soils and paleontological resources. Castilleja School Project Statement of Findings 9 February 2021 Impacts Evaluated in the Initial Study Agriculture and Forestry Resources Impact II.a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non -agricultural use. Impact II.b Conflict with existing zoning for agricultural use, or a Williamson Act contract. Impact II.c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)). Impact II.d Result in the loss of forest land or conversion of forest land to non-forest use. Impact II.e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. Biological Resources Impact IV.b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Impact IV.c Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrolo gical interruption, or other means. Impact IV.d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Impact IV.f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Geology and Soils Impact VI.e Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water Hazards and Hazardous Materials Impact VIII.d Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment. Castilleja School Project Statement of Findings 10 February 2021 Impact VIII.e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. Impact VIII.f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area. Impact VIII.h Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Hydrology and Water Quality Impact IX.a Violate any water quality standards or waste discharge requirements. Impact IX.b Substantially deplete groundwater supplies 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 (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). Impact IX.c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. Impact IX.d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impact IX.e Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impact IX.f Otherwise substantially degrade water quality. Impact IX.g Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. Impact IX.h Place within a 100-year flood hazard area structures which would impede or redirect flood flows. Impact IX.i Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Impact IX.j Inundation by seiche, tsunami, or mudflow. Land Use and Planning Impact X.c Conflict with any applicable habitat conservation plan or natural community conservation plan. Castilleja School Project Statement of Findings 11 February 2021 Mineral Resources Impact XI.a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Impact XI.b Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. Noise Impact XII.e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels. Impact XII.f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels. Population and Housing Impact XIII.a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure. Impact XIII.b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. Impact XIII.c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Public Services Impact XIV.a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection; Police protection; Schools; Parks; Other public facilities. Recreation Impact XV.a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Impact XV.b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Utilities and Service Systems Impact XVIII.a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Castilleja School Project Statement of Findings 12 February 2021 Impact XVIII.b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Impact XVIII.c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Impact XVIII.d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Impact XVIII.e Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Impact XVIII.f Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Impact XVIII.g Comply with federal, state, and local statutes and regulations related to solid waste? VIII. FINDINGS FOR SIGNIFICANT AND POTENTIALLY SIGNIFICANT IMPACTS REDUCED TO LESS THAN SIGNIFICANT WITH IMPLEMENTATION OF MITIGATION MEASURES The City Council agrees with the characterization in the Final EIR with respect to all impacts initially identified as “significant” or “potentially significant” that are reduced to less than significant levels with implementation of the mitigation measures identified in the Final EIR. In accordance with CEQA Guidelines §15091(a), a specific finding is made for each impact and its associated mitigation measures in the discussions below. Mitigation measures are summarized below and are presented in full in the EIR and the MMP, which are incorporated herein by reference. This section includes findings specific to the project’s potential to result in a significant contribution to cumulative impacts. Land Use and Planning Impact 4-1: Conflict with land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. Summary: As discussed in Final EIR Master Response 4, the Disbursed Circulation/Reduced Garage Alternative would result in similar impacts as the originally proposed project that were evaluated in Draft EIR Impact 4-1. Specifically, the Disbursed Circulation/Reduced Garage Alternative could result in conflicts with the City’s land use plans, policies, and regulations by increasing the intensity of the existing educational use through potential increases in special events; removing trees and reducing tree canopy in the project vicinity; potential increases in traffic associated with increased enrollment; and generating noise levels that could exceed the Municipal Code standards during project construction and during use of the pool. Castilleja School Project Statement of Findings 13 February 2021 Finding: Changes in the project to avoid or substantially lessen the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measures 4a, 4b, 7a, 7b, 8a, and 8b will ensure that the potential for the project to result in new land use incompatibilities or exacerbate existing land use incompatibilities would be reduced to a less-than-significant level. Explanation: These mitigation measures will substantially lessen the project’s environmental effects by establishing requirements for special events (Mitigation Measure 4a, which includes defining a maximum number of special events, identifying restrictions on event size and timing, and identifying requirements for parking, ensuring that the level of special event activity would be slightly less than currently occurs); requiring tree protection and replacement consistent with the City’s Tree Preservation and Management Regulations (Mitigation Measure 4b); identifying performance standards that must be attained through implementation of an enhanced TDM program (Mitigation Measure 7a); requiring vegetation management to ensure adequate lines of sight are maintained at site driveways (Mitigation Measure 7b), and establishing noise performance standards that must be met by the loudspeaker system at the pool and during construction (Mitigation Measures 8a and 8b). Significance After Mitigation: Less Than Significant. Impact 4-2: Create land use incompatibility or physically divide an established community Summary: As discussed in Final EIR Master Response 4, the Disbursed Circulation/Reduced Garage Alternative would result in similar impacts as the originally proposed project that were evaluated in Draft EIR Impact 4-2. Specifically, the Disbursed Circulation/Reduced Garage Alternative would result in a land use compatibility conflict due to the potential to exacerbate existing land use conflicts between the school and its residential neighborhood. The analysis identifies potentially significant impacts that would result from any increases in special events that could increase disturbance to neighbors and generating noise levels that could exceed the Municipal Code standards during project construction and from use of the pool. Finding: Changes in the project to avoid or substantially lessen the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measures 4a, 8a and 8b will ensure that the potential for the project to result in new land use incompatibilities or exacerbate existing land use incompatibilities would be reduced to a less-than-significant level. Explanation: These mitigation measures will substantially lessen the project’s environmental effects by establishing requirements for special events (Mitigation Measure 4a, which includes defining a maximum number of special events, identifying restrictions on event size and timing, and identifying requirements for parking, ensuring that the level of special event activity would be slightly less than currently occurs), and establishing noise performance standards that must be met by the loudspeaker system at the pool and during construction (Mitigation Measures 8a and 8b). Significance After Mitigation: Less Than Significant. Castilleja School Project Statement of Findings 14 February 2021 Impact 4-3: Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Summary: As discussed in Final EIR Master Response 4, the Disbursed Circulation/Reduced Garage Alternative would result in similar impacts as the originally proposed project that were evaluated in Draft EIR Impact 4-3. Specifically, the Disbursed Circulation/Reduced Garage Alternative would result in tree removal and encroachment of construction activities into tree protection zones. Finding: Changes in the project to substantially lessen the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measure 4b will ensure that the potential for the project to result in significant tree loss would be reduced to a less-than- significant level. Explanation: Mitigation Measure 4b will substantially lessen the project’s environmental effects associated with tree loss and adverse effects to retained trees by establishing requirements for tree protection during and after construction and tree replacement, consistent with the City’s Tree Preservation and Management Regulations and the City’s Tree Technical Manual. Significance After Mitigation: Less Than Significant. Aesthetics Impact 5-3: Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Summary: As discussed in Master Response 4 and in Draft EIR Impact 5-3, the Disbursed Circulation/Reduced Garage Alternative would create new sources of light that could adversely affect day or nighttime views in the area, and tree removal associated with the project could increase the potential for outdoor lighting to shine on adjacent property. The Disbursed Circulation/Reduced Garage Alternative project plans provided in Final EIR Appendix B2 identify that lighting fixtures for the project would include bollards and ground- level fixtures along walkways and near building entrances, building-mounted lighting around building perimeters and at entrances, ground-level lighting in bicycle parking areas, and wall mounted lighting on steps and planter walls. The potential for windows to result in glare would be minimized with roof overhangs, tree retention and planting, and fencing that would reduce direct solar exposure on windows and reduce the potential for light reflecting off windows to create glare for drivers on adjacent streets. The project does not propose use of highly reflective surfaces, such as mirrored glass, black glass, or metal building materials and thus would not create potentially significant impacts associated with glare. Finding: Changes in the project to avoid the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measure 5a will ensure that the potential for the project to create substantial light spillover onto the adjacent public right-of-way or private property would be reduced to a less-than-significant level. Castilleja School Project Statement of Findings 15 February 2021 Explanation: Mitigation Measure 5a requires the project applicant to develop a lighting plan for each development phase and requires that the lighting plans demonstrate attainment of the performance standards identified in the Palo Alto Municipal Code, which requires that lighting be installed such that no light source within the project site generates a light level greater than 0.5 foot-candle on any off-site residential property. Significance After Mitigation: Less Than Significant. Cultural Resources Impact 6-1: Cause a substantial adverse change in the significance of a historical or archeological resource. Summary: No archeological resources were identified through record searches and surveys, however, there are known archeological resources in the project region and thus there is a potential for earth-moving activities to disturb previously unknown archeological resources, if any occurred on site. The project also has the potential to indirectly or accidentally affect the existing historic resources onsite and adjacent to the site during construction by exposure to dust, debris, and accidental contact with construction equipment. The analysis in Draft EIR Chapter 8 demonstrates that vibration associated with project construction is not anticipated to adversely affect any adjacent historic resources. Finding: Changes in the project to avoid the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measures 6a and 6b will ensure that the potential for the project to adversely affect significant below-grade archeological resources or cause damage to historic resources onsite and adjacent to the site during construction would be reduced to a less-than-significant level. Explanation: Mitigation Measure 6a requires development and approval of a preservation protection plan for each phase of construction to ensure that historic buildings within and adjacent to the site are not adversely affected by dust, debris, and/or damage from accidental contact with construction equipment. Mitigation Measure 6b requires education of construction workers on archeological resources and the steps to take in the event of the discovery of any previously unrecorded resource. Significance After Mitigation: Less Than Significant. Transportation Impact 7-1 Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel Summary: The Disbursed Circulation/Reduced Garage Alternative includes three drop-off/pick-up locations for Castilleja students. The project applicant proposed assigning a certain percentage of students to each of the three locations. As discussed in Master Response 4, Castilleja School Project Statement of Findings 16 February 2021 the proposed percentage assignments would create an impact under the TIRE Index by increasing daily traffic volumes on two segments of Bryant Street and could result in vehicle queues that exceed capacity for the Bryant Street drop off location. Finding: Changes in the project to avoid or substantially lessen the significant environmental effect as identified in the EIR are required. Implementation of Mitigation Measure 7a will ensure that the potential for the project to create a substantial increase in traffic volumes on Bryant Street or cause vehicle queues that extend into the public right-of-way would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure 7a requires adjustments to the percent of students assigned to each drop-off/pick-up location, consistent with the recommendations of the Transportation Impact Analysis prepared for this project. It also includes a requirement that the drop-off assignments be reassessed through routine monitoring to balance traffic flows sufficient to avoid a significant TIRE Index increase in the project vicinity and maintain appropriate vehicle queues. Further, Mitigation Measure 7a identifies performance standards that must be attained by the school’s enhanced TDM program and establishes requirements for monitoring and reporting on the effectiveness of the TDM program. Significance After Mitigation: Less Than Significant. Impact 7-4: Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment Summary: Draft EIR Impact 7-4 evaluates whether the proposed project could introduce new roadway hazards by creating vehicle queues that extend into the public right-of-way or providing inadequate sight distance at driveways where vehicles exit the site and enter the public right-of-way. As discussed in Master Response 4, the Disbursed Circulation/Reduced Garage Alternative would result in vehicle queues for the Bryant Street drop-off location that exceed the available storage and would extend into Bryant Street under the proposed allocations to each of the three drop-off locations. Additionally, sight distance could be constrained by landscaping and/or on-street parking at the project site driveways. These conditions would result in significant impacts. Finding: Changes in the project are required to avoid the significant environmental effect as identified in the EIR. Implementation of Mitigation Measures 7a and 7b will ensure that the potential for the project to substantially increase transportation hazards would be reduced to a less- than-significant level. Explanation: Mitigation Measure 7a requires adjustments to the percent of students assigned to each drop-off/pick-up location, consistent with the recommendations of the Transportation Impact Analysis prepared for this project to ensure that vehicle queues do not extend into the public right-of-way. It also includes a requirement that the vehicle queue lengths be monitored and drop-off assignments be reassessed to ensure that appropriate vehicle queues are maintained. Mitigation Measure 7b stipulates that a minimum of 150 feet of sight distance Castilleja School Project Statement of Findings 17 February 2021 must be maintained through vegetation trimming and prohibiting on -street parking adjacent to each driveway. Significance After Mitigation: Less Than Significant. Impact 7-5: Result in inadequate emergency access. Summary: The project would not create traffic congestion or changes in roadway configurations that could interfere with emergency response or substantially lengthen response times but could result in interference with emergency response in the project vicinity if vehicle queues at the drop-off/pick-up locations extend into the public right-of-way. Finding: Changes in the project are required to avoid the significant environmental effect as identified in the EIR. Implementation of Mitigation Measure 7a will ensure that the potential for the project to cause vehicle queues that extend into the public right-of-way would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure 7a requires that the drop-off/pick-up location assignments be assessed through routine monitoring and adjusted to balance traffic flows sufficient to maintain appropriate vehicle queues. Significance After Mitigation: Less Than Significant. Impact 7-7: Contribute to a cumulative increase in traffic that conflicts with adopted policies and plans. Summary: The City’s traffic model anticipates that background traffic volumes will continue to increase over time, but Castilleja traffic is expected to remain constant or decrease because the school would be required under the TDM plan and Mitigation Measure 7a to maintain a maximum daily trip rate of 2.4 trips per student. The project’s contribution to cumulative impacts would be less than significant for all roadways in the study area except the segments of Bryant Street between Embarcadero Road and Churchill Avenue. Finding: Changes in the project are required to substantially lessen the significant environmental effect as identified in the EIR. Implementation of Mitigation Measure 7a will ensure that the potential for the project to create a substantial increase in traffic volumes on Bryant Street would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure 7a requires adjustments to the percent of students assigned to each drop-off/pick-up location, consistent with the recommendations of the Transportation Impact Analysis prepared for this project. It also includes a requirement that the drop-off assignments be reassessed through routine monitoring to balance traffic flows sufficient to avoid a significant TIRE Index increase in the project vicinity. Further, Mitigation Measure 7a identifies performance standards that must be attained by the school’s enhanced TDM program and establishes requirements for monitoring and reporting on the effectiveness of the TDM program. Castilleja School Project Statement of Findings 18 February 2021 Significance After Mitigation: Less Than Significant. Noise Impact 8-1: Expose people to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project Summary: Nighttime outdoor special events and use of amplified sound during pool events has the potential to expose people to or generate noise levels in excess of the standards established in the Comprehensive Plan and Municipal Code. The project would not create significant noise impacts associated with vehicle traffic because it would not result in a doubling of traffic volumes on any roadway segments. The project would not create significant noise impacts associated with truck and bus activity because it would relocate delivery and trash pickup activity to a below-grade loading zone and would relocate bus loading to the interior of the project site. Finding: Changes in the project are required to substantially lessen the significant environmental effect as identified in the EIR. Implementation of Mitigation Measures 4a and 8a will ensure that the potential for the project to create a substantial increase in noise levels associated with special events would be avoided, thus the impact would be reduced to a less-than- significant level. Explanation: Mitigation Measure 4a, as identified in Draft EIR Chapter 4, Land Use, will ensure that excessive nighttime noise is not generated by special events by requiring that athletic competitions end by 8 p.m. Mitigation Measure 8a establishes a performance standard that must be attained at the time that the loudspeaker system for the pool area is designed, which must be demonstrated in a noise assessment prepared by a qualified acoustical consultant. Significance After Mitigation: Less Than Significant. Impact 8-2: Create a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the proposed project Summary: The project could generate substantial periodic increases in noise during nighttime outdoor special events and use of amplified sound during pool events and project construction activities could generate substantial temporary increases in noise. Finding: Changes in the project are required to substantially lessen the significant environmental effect as identified in the EIR. Implementation of Mitigation Measures 4a, 8a, and 8b will ensure that the potential for the project to create substantial periodic or temporary increases in noise levels associated with special events and construction would be avoided, thus the impact would be reduced to a less-than-significant level. Castilleja School Project Statement of Findings 19 February 2021 Explanation: Mitigation Measure 4a, as identified in Draft EIR Chapter 4, Land Use, will ensure that excessive nighttime noise is not generated by special events by requiring that athletic competitions end by 8 p.m. Mitigation Measure 8a establishes a performance standard that must be attained at the time that the loudspeaker system for the pool area is designed, which must be demonstrated in a noise assessment prepared by a qualified acoustical consultant. Mitigation Measure 8b will ensure that noise levels during construction remain below the City’s standards for maximum instantaneous noise levels and for the amount by which construction noise levels exceed ambient noise conditions by requiring for each construction phase that Castilleja School submit to the City an inventory and schedule of the construction equipment proposed to be used during that phase, a technical analysis of the noise levels that could be generated during construction, and recommended measures to ensure that noise levels during construction meet the City’s standards. Significance After Mitigation: Less Than Significant. Impact 8-3: Expose people to or generate excessive ground borne vibrations or ground borne noise levels Summary: Construction of the Disbursed Circulation/Reduced Garage Alternative would involve use of a variety of heavy equipment, which could cause ground borne vibration. None of the residential structures in the project vicinity would be exposed to vibrations that could cause vibration damage, but the onsite Administration/Chapel building could be subject to ground borne vibration damage during demolition of the adjacent academic building. The project does not include any operational activities that would result in groundborne vibration or noise that would be perceptible off site. Finding: Changes in the project are required to avoid the significant environmental effect as identified in the EIR. Implementation of Mitigation Measure 6a will ensure that the potential for the project to cause excessive ground borne vibration would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure 6a, as presented in Draft EIR Chapter 6, Cultural Resources, requires that a protection plan be implemented for the Administration/Chapel Theater building that documents the specific nature of demolition activities that would occur on any portion of the building that touches or is within 25 feet of the Administration/Chapel Theater building and provides recommendations for equipment usage and demolition techniques that will avoid adverse effects to the Administration/Chapel Theater building by ensuring that continuous vibrations remain below approximately 0.25 in/sec. Significance After Mitigation: Less Than Significant. Air Quality Impact 9-1: 1 Conflict with or obstruct implementation of the applicable air quality plan. Castilleja School Project Statement of Findings 20 February 2021 Summary: Construction of the project is not expected to result in average daily emissions of criteria air pollutants that exceed the BAAQMD thresholds. However, the project could conflict with or obstruct implementation of the 2017 Clean Air Plan if the BAAQMD basic control measures for reducing construction emissions of coarse particulate matter are not implemented, as required by the Comprehensive Plan. Finding: Changes in the project are required to avoid the significant environmental effect as identified in the EIR. Implementation of Mitigation Measure 9a will ensure that the potential for the project to conflict with or obstruct implementation of the 2017 Clean Air Plan would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure 9a requires that the City of Palo Alto ensure that site plan notes include requirements for the construction contractor to implement the BAAQMD Basic Construction Emission Control Measures and perform visual inspections during construction. With implementation of Mitigation Measure 9a, project construction would be consistent with the 2017 Clean Air Plan and the City’s requirements for limiting construction emissions. Significance After Mitigation: Less Than Significant. Impact 9-3 Expose sensitive receptors to substantial pollutant concentrations Summary: As discussed in Final EIR Master Response 4, the Disbursed Circulation/Reduced Garage Alternative would result in similar impacts as the originally proposed project as discussed in Impact 9-3. As discussed under Draft EIR Impact 9-3, demolition of structures built prior to 1980 could result in the release of contaminated materials and hazardous substances that may be present in the buildings, such as lead-based paint or asbestos. Other construction activities would not expose students, workers, or neighbors to substantial air pollutant concentrations. Vehicle traffic during operation of the proposed project would not be expected to create carbon monoxide hotspots that could expose sensitive receptors to substantial concentrations of hazardous emissions. Finding: Changes in the project are required to avoid the significant environmental effect as identified in the EIR. Implementation of Mitigation Measure HAZ-1 will ensure that the potential for the project to expose sensitive receptors to substantial pollutant concentrations would be avoided, thus the impact would be reduced to a less-than-significant level. Explanation: Mitigation Measure HAZ-1, as identified in the Initial Study (Final EIR Appendix A), requires that prior to issuance of a demolition permit, the project applicant shall retain a qualified professional to complete a survey of the building proposed for demolition to determine if lead-containing materials, asbestos containing materials, and/or polychlorinated biphenyls are present; retaining a contractor trained and qualified to conduct lead- or asbestos-related construction work to carry out any demolition activities likely to disturb such materials; and following regulatory protocols for handling and disposal of these materials. Significance After Mitigation: Less Than Significant. Castilleja School Project Statement of Findings 21 February 2021 Significant and Unavoidable Impacts The City Council agrees with the characterization in the Final EIR that all of the significant and potentially significant impacts that could result from the Disbursed Circulation/Reduced Garage Alternative would be reduced to less-than-significant levels and thus the project would not result in any significant and unavoidable environmental impacts. IX. PROJECT ALTERNATIVES FINDINGS Public Resources Code section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such project[s].” When a lead agency finds, even after the adoption of all feasible mitigation measures, that a project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, it must, prior to approving the project as mitigated, first determine whether there are any project alternatives that are feasible and that would substantially lessen or avoid the project’s significant impacts. As stated in Section VIII above, there are no significant and unavoidable impacts associated with the proposed project. However, an alternatives analysis was completed and included in the Final EIR. Reasonable Range of Project Alternatives CEQA Guidelines §15126.6(f) states that the range of alternatives required in an EIR is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. Further, CEQA Guidelines §15126(a) requires that an EIR describe a reasonable range of alternatives that would “feasibly obtain most of the basic project objectives” but would avoid or substantially lessen any of the significant environmental effects of the project and evaluate the comparative merits of the alternatives. Thus, the project objectives presented in the EIR provided the framework for defining the possible alternatives. Based upon guidance contained in the CEQA Guidelines and applicable case law as well as the project objectives, the Final EIR provides the following analysis regarding project alternatives: • The Draft EIR identified six alternatives that were preliminarily considered but rejected from detailed analysis because they were incapable of meeting most of the basic project objectives, would not reduce or avoid any of the project’s significant effects, and/or would require speculation to evaluate. These include: offsite alternative – relocate full campus, partial offsite alternative (relocate a portion of the student body and staff to a new second campus), other offsite options (relocate sports and special events to other locations), surface parking, modified circulation routes, and minimum enrollment increase. • The Draft EIR provided detailed analysis of three project alternatives: the No Project Alternative (as required by CEQA), the Moderate Enrollment Increase Alternative, and the Moderate Enrollment Increase with Reduced Parking Alternative. • In response to comments received on the Draft EIR, the Final EIR evaluated the Disbursed Circulation/Reduced Garage Alternative, which, as discussed in Section III, has replaced the proposed project. Castilleja School Project Statement of Findings 22 February 2021 • The Final EIR also considered the one additional alternative – the No Garage Alternative – and provided additional discussion of the alternatives that were preliminarily considered in the Draft EIR but rejected from detailed analysis as described above. These included consideration of various alternative enrollment caps, creating a split campus or a second campus, and relocating the school. The City Council finds that that a good-faith effort was made to evaluate a reasonable range of potentially feasible alternatives in the EIR that are reasonable alternatives to the project and could feasibly obtain most of the basic objectives of the project, even when the alternatives might impede the attainment of the project’s objectives and might be more costly. Feasibility of Project Alternatives Although an EIR must evaluate a range of potentially feasible alternatives, an agency decision-making body may ultimately conclude that a potentially feasible alternative is actually infeasible. (California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001-1002.) CEQA Guidelines §15126.6(f)(1) provides that among the factors that may be taken into account when addressing the feasibility of alternatives are “site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” Grounds for a conclusion of infeasibility might be the failure of an alternative to fully satisfy project objectives deemed to be important by decision-makers, or the fact that an alternative fails to promote policy objectives of concern to such decision-makers. (Id. at pp. 992, 1000-1003.) It is well established under CEQA that an agency may reject alternatives based on economic infeasibility. (Foundation for San Francisco’s Architectural Heritage v. City and County of San Francisco (1980) 106 Cal.App.3d 893, 913- 914; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656, 774; Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383, 1399-1400; Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1510.) In addition, the definition of feasibility encompasses “desirability” to the extent that an agency’s determination of infeasibility represents a reasonable balancing of competing economic, environmental, social, and technological factors supported by substantial evidence. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410; 417.) Thus, even if a project alternative will avoid or substantially lessen any of the significant environmental effects of a proposed project as mitigated, the decision-makers may reject the alternative for such reasons. Analysis of Project Alternatives No Project Alternative The No Project Alternative assumes that the proposed Castilleja School Project would not be constructed and that no changes to the existing Conditional Use Permit would be made. Castilleja would be restricted to a maximum enrollment of 415 students each year. No demolition or construction would occur within the campus, and no changes would be made to the school’s special event schedule or provisions for student, staff, and visitor parking. The EIR concluded that this alternative would have reduced impacts associated with land use, aesthetics, cultural resources, transportation, noise, and air quality; however the No Project Alternative would not meet any of the proposed project objectives and would not achieve Castilleja School Project Statement of Findings 23 February 2021 the project’s aesthetic benefits associated with enhancing the site architecture, landscaping, and fencing and the project’s noise benefits of reducing neighbors’ exposure to noise associated with use of the pool. No Project Alternative Findings: The City Council finds that this alternative is infeasible in that it meets none of the project objectives. Specifically, it does not support the project objectives of increasing enrollment, increasing the campus’s sustainability and energy efficiency, increasing on-site parking, and improving architectural compatibility with the surrounding neighborhood. For all of the foregoing reasons, and for any of them individually, the City Council determines that the No Project Alternative is infeasible and is hereby rejected. Moderate Enrollment Increase Alternative This alternative considered a maximum enrollment of 506 students, which is 34 students fewer than proposed. The Moderate Enrollment Increase Alternative would include construction of the new academic building to include 30 classrooms, construction of the below-grade parking structure with 117 parking spaces (as contemplated in the original Castilleja School Project proposal), demolition of the two residential structures on Emerson Street (as contemplated in the original Castilleja School Project proposal), and a reduction in the number of parking spaces in the proposed surface parking lot at Emerson Street and Kellogg Avenue. The Moderate Enrollment Increase Alternative was found to slightly reduce potential land use and transportation impacts compared to the originally proposed project but would increase those impacts compared to the Disbursed Circulation/Reduced Garage Alternative. This alternative would result in similar aesthetic impacts as either the originally proposed project or the Disbursed Circulation/Reduced Garage Alternative because building scale, massing, materials, colors, and details as well as landscaping and fencing would be generally the same. The Moderate Enrollment Increase Alternative would also result in similar impacts associated with cultural resources, noise, air quality, greenhouse gas emissions, energy, and geology and soils as the proposed project because it would involve a similar level of construction and project site redevelopment. Moderate Enrollment Increase Alternative Findings: While the alternative may be feasible and capable of meeting most of the basic project objectives, this alternative does not substantially reduce impacts compared to the proposed project, and would increase the potential land use and transportation impacts compared to the Disbursed Circulation/Reduced Garage Alternative. Therefore, under CEQA, the Moderate Enrollment Increase Alternative is not environmentally superior to the proposed project. Moderate Enrollment Increase with Reduced Parking Alternative The Moderate Enrollment Increase with Reduced Parking Alternative would establish a maximum enrollment of 506 students and would reduce the on-site parking to the minimum required by code by reducing the size of the below-grade parking structure to 58 spaces and increasing surface parking within the project site. This alternative would require two fewer classrooms and 46 fewer parking spaces than the proposed project. The Moderate Enrollment Increase with Reduced Parking Alternative was found to slightly reduce potential land use and transportation impacts compared to the originally proposed project but would increase those impacts compared to the Disbursed Circulation/Reduced Garage Alternative. This alternative would result in a slight reduction in aesthetic impacts as either the originally proposed project Castilleja School Project Statement of Findings 24 February 2021 or the Disbursed Circulation/Reduced Garage Alternative because building scale and massing would be slightly reduced, while building materials, colors, and details as well as landscaping and fencing would be generally the same. The Moderate Enrollment Increase with Reduced Parking Alternative would also result in similar impacts associated with cultural resources, noise, air quality, greenhouse gas emissions, energy, and geology and soils as the proposed project because it would involve a similar level of construction and project site redevelopment. Moderate Enrollment Increase with Reduced Parking Alternative Findings: While the alternative may be feasible and capable of meeting most of the basic project objectives, this alternative does not substantially reduce impacts compared to the proposed project, and would increase the potential land use and transportation impacts compared to the Disbursed Circulation/Reduced Garage Alternative. Therefore, under CEQA, the Moderate Enrollment Increase with Reduced Parking Alternative is not environmentally superior to the proposed project. No Garage Alternative The No Garage Alternative eliminates the parking garage from the project while accommodating a slightly reduced level of redevelopment in other areas of the project. A surface parking lot would be created along Emerson Street, in place of the two existing residential structures. This alternative would use a similar disbursed circulation plan as the Disbursed Circulation/Reduced Garage Alternative, with drop-off/pick-up occurring at the Bryant Street loop driveway, the Kellogg Avenue loop driveway, and the Emerson Street surface parking lot. Based on the space available for the Emerson Street surface parking lot, the No Garage Alternative also includes a reduction in classroom space and a commensurate reduction in the enrollment cap. The No Garage Alternative would provide 92 parking spaces, allowing for construction of a total of 29 classrooms and accommodating an enrollment cap of 489 students. The No Garage Alternative would result in the following potential changes in the project’s environmental effects: • Increased potential for loss of community character by replacing landscaped residential lots (current condition) or a landscaped passive park setting (proposed project) with a surface parking lot. Landscaping and fencing could be used to shield public views of the parking lot, keeping this effect at a less than significant level. • Increased amount of tree removal in the parking lot location, but this impact would be reduced to a less-than-significant level with implementation of Mitigation Measure 4b, and thus, impacts would not be increased in comparison to the Disbursed Circulation/Reduced Garage Alternative. • Reduced potential transportation impacts due to the reduction in student enrollment, however the alternative would result in a potential for TIRE Index impacts on Bryant Street and for vehicle queues to extend into the public right-of-way. These impacts would be reduced to a less-than- significant level with implementation of Mitigation Measure 7a. • Potential for increased noise impacts to residences on Emerson Street associated with use of the surface parking lot for special event parking. During daytime special events, noise effects from use of the parking lot would be mitigated with an appropriate setback and noise barrier constructed along the northern boundary of the parking lot. During evening special events, when the City’s noise standards are lower to reflect the higher noise sensitivity in nighttime hours, it may be necessary to restrict parking within the northernmost portion of the surface parking lot to Castilleja School Project Statement of Findings 25 February 2021 ensure that noise exposure for the adjacent residence remains at acceptable levels. This could result in additional on-street parking during evening events compared to the proposed project, however parking demand would not be greater than under existing conditions and thus this does not indicate that this alternative would result in a new significant impact. • Similar impacts associated with cultural resources, air quality, greenhouse gas emissions, energy, and geology and soils as the proposed project because it would involve a similar level of construction and project site redevelopment. No Garage Alternative Findings: This alternative would require a substantial reduction in the proposed enrollment level. Thus, this alternative would impede attainment of one of the primary project objectives. Additionally, this alternative has the potential to increase some project impacts, although the impacts would be reduced to less-than-significant levels with implementation of mitigation measures. Further, this alternative does not substantially reduce impacts compared to the proposed project. Therefore, under CEQA, the No Garage Alternative is not environmentally superior to the proposed project. X. GROWTH INDUCEMENT FINDINGS Growth can be induced in a number of ways, such as through the elimination of obstacles to growth, through the stimulation of economic activity within the region, or through the establishment of policies or other precedents that directly or indirectly encourage additional growth. Induced growth would be considered a significant impact if it can be demonstrated that the potential growth would directly or indirectly have a significant effect on the environment. New employees from commercial or industrial development and new population from residential development represent direct forms of growth. These direct forms of growth have a secondary effect of expanding the size of local markets and inducing additional economic activity in the area. A project could indirectly induce growth by reducing or removing barriers to growth, or by creating a condition that attracts additional population or new economic activity. Construction of the Castilleja School Project would create short-term construction jobs. These are anticipated to be filled by workers who, for the most part, already reside in the surrounding area. Therefore, project construction is not expected to induce other growth in the City or region. The proposed increase in student enrollment would require add an additional 10 employees at full p roject buildout. The existing school currently employs 122 full time employees. These new employees could indirectly induce a small amount of economic growth in the City to the extent that the employees might seek housing and would be expected to purchase food and services in the area. However, the potential for growth inducement due to the increase in employees is not considered substantial because the scale of the expected increase in employment is insufficient to trigger noticeable changes in the housing market or demand for local goods and services, as evaluated in Draft EIR Section 14.4. Finding: The Castilleja School Project would not induce substantial growth in the project area or region. Castilleja School Project Statement of Findings 26 February 2021 Explanation: The potential for growth inducement due to project construction and the increase in student enrollment is not considered substantial. The increase in employment opportunities associated with the project (10 new employees) would provide would be insufficient to trigger noticeable changes in the housing market or demand for local goods and services. In addition, construction of the proposed project would be temporary and these short-term construction jobs are anticipated to be filled by workers who, for the most part, reside in the surrounding area. XII. CONCLUSION The mitigation measures listed in conjunction with each of the findings set forth above, as implemented through the MMP, will eliminate or reduce to a less than significant level all adverse environmental impacts of the Castilleja School Project – Disbursed Circulation/Reduced Garage Alternative. Taken together, the Final EIR, the mitigation measures, and the MMP provide an adequate basis for approval of the Castilleja School Project – Disbursed Circulation/Reduced Garage Alternative. Castilleja School Project MMRP 10056 October 2020 1 CASTILLEJA SCHOOL PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Introduction Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires that, whenever a public agency approves a project based on an Environmental Impact Report (EIR), the public agency shall establish a mitigation monitoring or reporting program to ensure that all adopted mitigation measures are implemented. This Mitigation Monitoring and Reporting Program (MMRP) is intended to satisfy this requirement of the CEQA Guidelines for the Castilleja School Project, as evaluated in the Castilleja School Project EIR, State Clearinghouse Number 2017012052. This MMRP will be used by City of Palo Alto (City) staff and mitigation monitoring personnel to ensure compliance with the mitigation measures included in the certified EIR (inclusive of those measures identified in the Initial Study provided in EIR Appendix A) during project implementation and operation. The intent of the MMRP is to ensure effective implementation and enforcement of all adopted mitigation measures. The MMRP addresses the requirements for development of detailed plans, monitoring activities, and reporting regarding construction and operational activities authorized under the Castilleja School 2020 Conditional Use Permit. The mitigation measure numbering reflects the numbering used in the Castilleja School Project EIR. Mitigation Monitoring and Reporting Program Overview The MMRP includes three tables. Table 1 lists the full text of each mitigation measure and specific requirements for implementation, monitoring, and timing of each required action, as well as performance criteria by which the City can verify that each measure has been implemented effectively. Where a timing requirement is indicated as “in perpetuity,” these requirements shall remain in effect throughout all operational activities of Castilleja School at its current location at 1310 Bryant Street, unless modified by future amendments to the Conditional Use Permit. Tables 2 and 3 are formatted to serve as checklists for the City to verify compliance with measures that apply only to construction activities (Table 2) and those that apply only to operational activities (Table 3). They repeat the mitigation measure text and performance criteria and include blank columns where the City can record actions taken to verify mitigation measure implementation and attainment of the identified performance criteria. These checklists will be incorporated into the project file maintained by the City’s Department of Planning and Community Environment and available for public review. Castilleja School Project MMRP 10056 October 2020 2 Castilleja School Project MMRP Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria EIR MITIGATION MEASURES LAND USE AND PLANNING Mitigation Measure 4a: The Castilleja School Conditional Use Permit shall include the following restrictions for onsite special events: 1. A special event is an event that is separate from the school’s daily educational programs and includes a minimum of 50 guests. When a special event is held during instructional hours and related school programing, students and staff already onsite are not considered guests. When a special event is held outside of instructional hours and related school programming, all attendees (including students and staff) are considered guests. 2. There shall be a maximum of 90 special events each year, which includes 5 Major Events, defined as events that bring almost all students and parents to the Castilleja campus. 3. No special events may occur on campus on Sundays. 4. Athletic competitions of any size may occur only on weekdays and shall be complete by 8 pm. 5. For special events that occur during instructional hours and related school programming and have between 50 Implementation:  City of Palo Alto to ensure requirements included in Conditional Use Permit (CUP)  Castilleja School to ensure special event schedules, sizes, and parking plans comply with the requirements Monitoring: City of Palo Alto Timing:  At time of CUP approval – requirements included in CUP  In perpetuity – adhere to special events requirements  In perpetuity – parking plans submitted to City prior to onsite special events  No more than 90 special events are held in any calendar year.  No onsite events are held on Sundays  All athletic competitions occur on weekdays and end by 8 p.m.  A parking plan is prepared and submitted to the City prior to each event. A single parking plan may be prepared to apply to more than one event, when those events occur in similar time periods and have similar attendance (e.g., a single plan that applies to multiple events held during instructional hours and related school programming with between 50 and 80 guests; a separate single plan that applies to multiple events held outside of instructional hours and related school programing and have fewer than 160 guests). Such plan(s) would be submitted for City review Castilleja School Project MMRP 10056 October 2020 3 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria and 80 guests, Castilleja shall prepare a parking plan identifying the amount of on-site parking not used by students and staff (in the below-grade parking garage, on Spieker Field, and within surface parking lots), the amount of on-street parking available around the project site’s frontage on Kellogg Avenue and Emerson Street, additional on-street parking opportunities in the neighborhood, and nearby park and ride parking lots that guests could use to facilitate ride sharing. 6. For events that occur during instructional hours and related school programing and have more than 80 guests, Castilleja shall prepare a parking plan identifying the amount of on-site parking not used by students and staff as well as use best efforts to park at one or more satellite parking locations, if available, sufficient to provide at least one parking space for every 1.3 guests and provide shuttle service for guests using those locations. Further, Castilleja shall retain traffic monitors to help direct event traffic to appropriate parking locations. 7. For events that occur outside of instructional hours and related school programing and have fewer than 160 guests, all parking shall occur on-site. 8. For events that occur outside of instructional hours and related school programing and have more than 160 guests, Castilleja shall prepare a parking plan identifying the amount of on-site parking not used by students and staff as well as use best efforts to park at one or more satellite parking locations, if available, sufficient to provide at least one parking space for every 1.3 guests and provide shuttle service for guests using those locations. and approval once annually prior to the first event intended to be covered by that plan and thereafter applied to multiple events (with similar timing and attendance) without additional City review and approval. This does not preclude Castilleja from preparing additional plans for events with similar timing and attendance within the same calendar year.  Castilleja implements approved parking plan, utilizes traffic monitors, and provides shuttle service during events (if required based on the size and timing of the event)  City or third-party compliance monitor conducts occasional field inspections to verify adherence to conditions/restrictions of the CUP Castilleja School Project MMRP 10056 October 2020 4 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria Further, Castilleja shall retain traffic monitors to help direct event traffic to appropriate parking locations. Mitigation Measure 4b: Prior to issuance of demolition, grading, and/or building permits for each construction phase, Castilleja School shall submit to the City Arborist a Tree Protection and Preservation Plan meeting the requirements of the Tree Technical Manual Sections 2.10 and 6.30. This shall include an inventory of the species, size, and condition of all trees within 50 feet of the construction area. The Tree Protection, Removal, and Relocation Plan must identify the regulatory status of each tree based on the tree size at the time this plan is prepared for each construction phase. For the regulated trees to be retained in place, the Tree Protection and Preservation Plan must identify specific tree protection measures to be in place during construction, consistent with Section 8.10 of the Palo Alto Municipal Code. Tree protection measures for unregulated trees must also be identified. For all trees to be removed, the Tree Protection and Preservation Plan must identify their species and size and identify specific locations where new tree planting would occur to replace the removed trees. For trees that are protected under the Municipal Code, replacement planting must include trees of the same species as the protected tree to be removed, and must include sufficient new trees to replace the tree canopy consistent with the replanting ratios identified in Tree Technical Manual Table 3-1 based on the size of the tree at the time of removal or relocation. For trees that are not protected under the Municipal Code, replacement planting must be sufficient to provide no net loss of tree canopy after 10 years. If it is not possible to plant all required replacement trees onsite, the requirements of Section 3.15 of the Tree Technical Manual shall apply, allowing for tree replacement using the Tree Value Replacement Standard in Tree Technical Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of demolition, grading, and/or building permits for each construction phase – submit Tree Protection and Preservation Plan, implement all pre- construction tree protection measures identified in the approved plan, and submit Verification of Tree Protection Report  During construction – Conduct monthly inspections and submit Monthly Inspection Report  Five years following completion of each construction phase – Monitor all trees (retained, relocated, newly planted) and submit annual reports  Additional five years after subsequent replanting – for  All tree protection, removal, planting, and monitoring complies with the Tree Technical Manual  Tree Protection and Preservation Plan submitted to City for review and approval for each construction phase  All identified pre-construction tree protection measures are implemented, as documented in a Verification of Tree Protection Report submitted to City prior to issuance of a grading permit  Routine inspections and monitoring are conducted throughout each construction phase and documented in Monthly Inspection Reports filed with the City  All retained, relocated, and planted trees are monitored for five (5) years from completion of the construction phase; annual reports are filed.  Any trees that do not survive the initial five (5) year monitoring are replaced and monitored for five (5) Castilleja School Project MMRP 10056 October 2020 5 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria Manual Section 3.25, and for that sum of money to be used in the following order of preference, as approved by the Director: (1) to provide additional trees elsewhere on the site; (2) to add or replace street trees or other public landscaping in the vicinity, or (3) to add trees or other landscaping to other City property. For trees to be relocated, the Tree Protection and Preservation Plan must identify the specific methods for tree removal, storage, and replanting for each individual tree, including the location where the tree would be replanted and when that replanting would occur. Because tree relocation shortens a tree’s lifespan, replacement planting is required for all relocated trees consistent with the Tree Technical Manual Table 3-1 (and Section 3.15 if some replacement trees cannot be planted onsite). The relocated tree shall be included as one of the required replacement trees. For example, if the Tree Canopy Replacement Standard would require planting three trees, the applicant would replant the relocated tree and two new trees. Following City approval of the Tree Protection and Preservation Plan but prior to issuance of demolition, grading, or building permits, the project applicant shall implement all pre-construction tree protection measures identified in the approved plan (such as mulching, pruning, irrigation, and installation of tree protection fencing). The project arborist shall inspect and review the installed tree protection measures and submit to the City a Verification of Tree Protection Report, consistent with Tree Technical Manual Section 2.15B. Throughout all construction activities, the project arborist shall conduct routine inspections and monitoring to ensure all pre-construction tree protection measures are being maintained and all specific construction methods to minimize tree impacts are monitoring additional replanting if needed years from the date of planting; annual reports are filed Castilleja School Project MMRP 10056 October 2020 6 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria being implemented. The project arborist shall file a Monthly Inspection Report, as defined in the Tree Technical Manual. All retained, relocated, and newly planted trees shall be monitored for a period of five years after planting/replanting to ensure they have successfully established. Should any trees not survive, they shall be replaced and monitored for a period of five years. Mitigation Measures 7a and 7b (see Transportation section below) Mitigation Measures 8a and 8b (see Noise section below) AESTHETICS Mitigation Measure 5a: Prior to issuance of building permits for each construction phase, Castilleja School shall submit a lighting plan that identifies the specific light fixtures to be used and their proposed locations. The lighting plan shall also identify the expected light levels within the property and at the property boundaries. The lighting plans must demonstrate compliance with the criteria identified in Palo Alto Municipal Code Section 18.23.030. This includes requirements such as spillover reduction; use of high pressure sodium and metal halide as permitted light sources; lighting limits of 0.5 foot-candle, as measured at the abutting residential property line; designing interior lighting to minimize nighttime glow; using low intensity lighting for building exteriors, parking areas, and pedestrian ways; and directing pedestrian and security lighting downward. Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of building permits for each construction phase – lighting plan submitted  Prior to issuance of certificate of occupancy – verification lighting installed in accordance with approved plan  Lighting plans comply with Palo Alto Municipal Code Section 18.23.030  Installed lighting comports with lighting plans Castilleja School Project MMRP 10056 October 2020 7 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria CULTURAL RESOURCES Mitigation Measure 6a: A protection plan shall be implemented for the Administration/Chapel Theater building and the residence at 1215 Emerson Street during proposed new construction and renovation activities to prevent damage to these structures. A clear and concise preservation protection plan shall be developed to provide these details. The protection plan shall be prepared by a qualified historic preservation specialist and shall be appended to the final set of construction plans for each construction phase. At a minimum, the protection plan shall include the following:  Protective fencing shall be installed approximately 15 feet from the perimeter of the Administration/Chapel Theater building and from the southern and eastern property lines of the residence at 1215 Emerson Street, or a lesser distance if recommended by a qualified historic preservation specialist. All construction workers shall be instructed to keep all people, materials, and equipment outside of the areas surrounded by protective fencing. The protective fencing shall consist of brightly-colored mesh fencing at least four feet in height. The mesh shall be mounted on six-foot tall poles, with at least two feet below ground, and spaced a maximum of six feet apart.  Material and equipment delivery and stockpile areas shall be identified on the protection plan, and shall be located as far as practicable from the Administration/Chapel Theater building and the residence at 1215 Emerson Street.  If cranes are used to install buildings or building components, no materials or structures shall be Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of grading, demolition, and/or building permits for each construction phase – Protection plan submitted for City review and approval  During all construction activity – Protection plan implemented  Protection plan identifies location and specifications for protective fencing, equipment delivery and stockpile areas, crane locations and usage controls, demolition equipment and control within 25 feet of the Administration/Chapel building, and dust control.  Known historic resources are not damaged during construction Castilleja School Project MMRP 10056 October 2020 8 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria suspended above or within 30 feet measured horizontally from the exterior walls of the Administration/Chapel Theater building and the residence at 1215 Emerson Street.  For demolition of the existing Classroom building, the protection plan shall document the specific nature of demolition activities that would occur on any portion of the building that touches or is within 25 feet of the Administration/Chapel Theater building and provide recommendations for equipment usage and demolition techniques that will avoid adverse effects to the Administration/Chapel Theater building.  The protection plan shall prescribe measures for containment of dust during demolition, excavation, and construction. This may include wetting soils and materials to prevent wind-blown dust; covering exposed materials, soil, and unfinished buildings; and use of temporary barriers to prevent any wind-blown dust from reaching historic structures. Mitigation Measure 6b: Prior to initiation of construction for each construction phase, all construction crew members, consultants, and other personnel shall receive project-specific Cultural Resource Awareness training. The training shall be conducted in coordination with qualified cultural resource specialists and shall inform project personnel of the potential to encounter sensitive archaeological material. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the proposed project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to commencement of ground disturbing activities for each  Verification that Cultural Resource Awareness training was provided to all construction crew members, consultants, and other personnel is provided to the City through submittal of training materials (videos and/or handouts) and dated attendance logs for each training session  If any cultural resources are encountered, ground disturbance is Castilleja School Project MMRP 10056 October 2020 9 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria Qualification Standards, can evaluate the significance of the find and determine whether additional study is warranted. Prehistoric archaeological deposits may be indicated by the presence of discolored or dark soil, fire-affected material, concentrations of fragmented or whole marine shell, burned or complete bone, non- local lithic materials, or the characteristic observed to be atypical of the surrounding area. Common prehistoric artifacts may include modified or battered lithic materials; lithic or bone tools that appeared to have been used for chopping, drilling, or grinding; projectile points; fired clay ceramics or non-functional items; and other items. Historic-age deposits are often indicated by the presence of glass bottles and shards, ceramic material, building or domestic refuse, ferrous metal, or old features such as concrete foundations or privies. Depending upon the significance of the find under CEQA (14 CCR 15064.5(f); PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery may be warranted and would be implemented if recommended by the qualified archeologist. construction phase – construction crew training  Throughout all ground disturbing activities – construction crew halts work to allow for evaluation of any discovered cultural resources halted, the resource is evaluated, and any treatment recommendations made by a qualified archeologist are implemented TRANSPORTATION Mitigation Measure 7a: Castilleja School shall implement the proposed enhanced Transportation Demand Management (TDM) plan (Appendix B) to reduce the average daily trips and maintain a maximum peak hour trip volume. The measures currently listed in the TDM plan are expected to reduce daily traffic by between 12 and 22 percent. Through the ongoing monitoring and reporting described in this measure, Castilleja School and the City will identify the effectiveness of the TDM measures and any need to Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  TDM plan is implemented during construction and in perpetuity  Driveway vehicle count equipment is installed prior to issuance of certificates of occupancy  Throughout construction, driveway counts and monitoring reports Castilleja School Project MMRP 10056 October 2020 10 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria modify their implementation and/or add new TDM measures sufficient to:  maintain a maximum average daily trip count of 1,296 trips starting two years after construction of the Academic building is complete and through all subsequent years,  maintain a maximum average daily AM Peak Hour trip count of 440 trips, and  ensure that vehicle queues for each drop of location are fully contained within the project site such that no cars are queuing on or blocking the vehicle lane or the bike lane on any adjacent public street. Castilleja School shall conduct routine traffic monitoring and submit monitoring reports to the City three times per year until the school has reached its maximum enrollment for two consecutive years and has attained the average peak hour and average daily trip standards. After that time, only two monitoring reports per year shall be required. As part of the monitoring, Castilleja shall install traffic counting devices at each project site driveway and submit the raw data along with a data summary and analysis in the monitoring reports. The analysis shall also include reporting of drop-off lane discharge rates, and the average and maximum lengths of ingress and egress queues in the four 15-minute increments prior to the first bell for each grade level (start of the first class session of the day) and the 15-minute increment following the first bell for the grade level(s) with the latest start time each day. Student enrollment at Castilleja School shall increase by no more than 27 students in any academic year. In the period between commencement of construction and attainment of the maximum  During construction – install driveway vehicle count equipment  In perpetuity beginning during construction – implement TDM plan, conduct monitoring and reporting, conduct active traffic management demonstrate that average AM peak hour traffic volumes are 440 trips or less, not including days on which special events are held  Throughout construction and for two years following completion of the Academic building, three monitoring reports are submitted to the City in each academic year (generally every 3 months, beginning approximately 3 months after the first day of school for that year)  Once full enrollment is reached for two consecutive years and the average peak hour and average daily trip standards are achieved, two monitoring reports are submitted to the City in each academic year (generally every 4.5 months, beginning approximately 4.5 months after the first day of school for that year)  Beginning at the start of the third academic year after completing the Academic building, driveway counts and monitoring reports demonstrate that average AM peak hour traffic volumes are 440 trips or less and average daily traffic volumes are Castilleja School Project MMRP 10056 October 2020 11 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria enrollment level, if the peak hour standard is not achieved additional TDM measures shall be implemented as follows:  1st report showing an average daily AM peak hour trip count above 440 - add an additional TDM measure  2nd consecutive report showing an average daily AM peak hour trip count above 440 – add a more intensive TDM measure  3rd consecutive report showing an average daily AM peak hour trip count above 440 - reduce enrollment by at least 5 students, or more as determined necessary by the City to ensure attainment of the average daily AM peak hour standard, in next admission cycle. In the period between commencement of construction and two years following completion of the Academic building, daily trip counts shall be monitored and reported for informational purposes. Beginning two years following completion of the Academic building, if the peak hour and daily trip standards are not achieved, additional TDM measures shall be implemented as follows:  1st report showing an average daily AM peak hour trip count above 440 and/or average daily trip count above 1,296 - add an additional TDM measure  2nd consecutive report showing an average daily AM peak hour trip count above 440 and/or average daily trip count above 1,296 – add a more intensive TDM measure 1,296 trips or less, not including days on which special events are held  If a monitoring report demonstrates that the average AM peak hour and average daily trip (when applicable) standards were exceeded during that monitoring/reporting period, additional TDM measures are implemented in the subsequent monitoring/reporting period  If applicable standards are exceeded in all three (or two, where applicable) monitoring/reporting periods, enrollment is reduced for the following academic year  Active traffic management is implemented as identified in the Garage Circulation Plan, or subsequent plans approved by the City, during all drop-off and pick-up periods and during special events with more than 75 guests. Castilleja School Project MMRP 10056 October 2020 12 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria  3rd consecutive report showing an average daily AM peak hour trip count above 440 and/or average daily trip count above 1,296 - reduce enrollment by at least 5 students, or more as determined necessary by the City to ensure attainment of the average daily AM peak hour and average daily trip count standards, in next admission cycle.  1st and/or 2nd reports in the subsequent year showing an average daily AM peak hour trip count above 440 and/or average daily trip count above 1,296 – implement more intensive TDM measures  3rd report in the subsequent year showing an average daily AM peak hour trip count above 440 and/or average daily trip count above 1,296 – reduce enrollment in the next admission cycle by at least 10% or more as determined necessary by the City to ensure attainment of the average daily AM peak hour and average daily trip count standards. Castilleja School shall conduct active traffic management as identified in the Garage Circulation Plan (Figure 3-12), or subsequent plans approved by the City, during all drop-off and pick-up periods and during special events with more than 75 guests. This includes having 7 school staff members stationed along the drop-off/pick-up queues to direct vehicle and pedestrian movements into, within, and exiting the garage. Traffic entering or exiting the project site driveways on Bryant Street shall be restricted to right-turns; traffic exiting the parking garage onto Emerson Street shall also be restricted to right-turns. Traffic management staff shall direct vehicles to loop around the school if they are approaching a project site driveway where there is a Castilleja School Project MMRP 10056 October 2020 13 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria queue that would not permit the vehicle to completely exit the public right-of-way. As part of the traffic monitoring and reporting, Castilleja shall instruct the traffic management staff to report any excessive vehicle queues, safety concerns, or other concerns or recommendations to improve safety and circulation to the administration. These staff reports and Castilleja’s response to each shall be summarized in the traffic monitoring reports. As described in the TDM plan (Appendix B), Castilleja School shall implement some or all of the following measures sufficient to attain the average peak hour and average daily trip standards: 1. late afternoon shuttle departures 2. off-site drop-off/pick-up area 3. expanded carpool/trip planning program 4. additional off-site parking 5. parking/carpool incentives program for employees 6. alternative transportation information 7. bike tune-up day and on-site repair stations 8. Guaranteed Ride Home program 9. on-site car or bike sharing program 10. provide transit passes 11. mandatory ridesharing 12. other TDM measures developed by Castilleja in coordination with the City of Palo Alto (City), including the Castilleja School Project MMRP 10056 October 2020 14 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria monitoring and enforcement provisions identified in Appendix B. In addition, Castilleja School shall modify the proposed enhanced TDM plan to include the following 13. Educate staff, students, and families regarding the importance of an efficient and safe student drop-off operation to prevent excessive queuing in the garage. 14. Provide staff, students, and families with required drop- off/pick-up and parking procedures to include that drop-off and pick-up must occur in the garage unless there are extenuating circumstances, daily parking for parents or other community members attending meetings or other activities onsite shall occur within the garage or on-site surface parking lots, outside of special events. 15. Conduct ongoing monitoring of drop-off lane discharge rates and ingress and egress queues. 16. If vehicle queues are causing spillover into the public right of way on Bryant Street, modify the drop-off procedures and TDM program to include greater staggering of bell schedules or other strategies that would decrease vehicle trips or otherwise spread out the number of peak hour vehicle trips accessing the underground garage. 17. Provide bicycle safety education for students, parents, and staff to encourage students and staff to ride bicycles to and from school. 18. Host school-wide bicycle encouragement events (such as competitions, incentives, and other fun events) to support biking, walking, carpooling, and transit use so that the Castilleja School Project MMRP 10056 October 2020 15 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria school community understands that active transportation is a community-held value. Mitigation Measure 7b: Castilleja School shall maintain vegetation within 40 feet of the school’s driveways onto public streets such that vegetation is trimmed down to a height of less than three feet and trees trimmed up so that nothing hangs below a height of seven feet from the surface of the roadway. Vegetation shall be trimmed no less once per month. Castilleja School shall provide the City with evidence of a landscaping management plan or active landscape maintenance contract annually. Castilleja School and the City shall provide curb markings to prohibit on- street parking within 35 feet of each driveway. Implementation:  City of Palo Alto provide curb markings  Castilleja School maintain vegetation Monitoring: City of Palo Alto Timing: In perpetuity beginning during construction  No vegetation within 40 feet of school’s driveways onto public streets is present between three feet and seven feet from the surface of the roadway  Evidence of landscaping management plan or active landscape maintenance contract is submitted to the City annually  Curb markings are maintained at all times NOISE Mitigation Measure 4a (see Land Use and Planning section above) Mitigation Measure 8a: Prior to issuance of a building permit for the outdoor pool, Castilleja School shall submit to the City a technical analysis documenting the specific loudspeaker equipment proposed for use at the pool, the locations and positioning of speakers, and the likely noise levels for each of the receptor locations evaluated in the Environmental Noise Study for the proposed Castilleja School Conditional Use Permit Amendment and Master Plan. The technical analysis shall demonstrate that use of the loudspeaker would not generate noise levels that are more than 6 dB greater than existing noise levels Implementation: Castilleja School Monitoring: City of Palo Alto Timing: Prior to issuance of building permit for pool  Technical analysis submitted to City identifying specific loudspeaker equipment and locations and positions of speakers  Use of the loudspeaker does not generate noise levels that are more than 6 dB greater than existing noise levels Castilleja School Project MMRP 10056 October 2020 16 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria Mitigation Measure 8b: Prior to issuance of demolition, grading and/or building permits for each construction phase, Castilleja School shall submit to the City a technical analysis of the noise levels that could be generated during construction and recommended measures to ensure that noise levels during construction meet the City’s standards. This analysis must include and be based on a list of the construction equipment proposed to be used (including horsepower), a schedule for the use of each piece of equipment during that phase, and the general location where each piece of equipment would operate. Noise reduction measures may include modifying the equipment list, restrictions on the number of individual pieces of equipment that may be used at one time, modifying the location of individual pieces of equipment, providing shielding for individual pieces of equipment, use of temporary noise attenuation barriers, and/or other measures that are demonstrated to be sufficient to ensure that the maximum noise level at the property boundary would remain at or below 110 dB and increases in hourly noise levels at the property boundary would not exceed 10 dBA above the ambient noise level for two or more hours per day, more than five days per week, for a period of 12 months or more. Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of demolition, grading, and/or building permits for each phase of construction – construction noise analysis submitted  Ongoing during construction – noise control measures implemented  Technical analysis of construction noise levels and recommended noise control measures submitted  Recommended measures implemented sufficient to ensure that the maximum noise level at the property boundary would remain at or below 110 dB and increases in hourly noise levels at the property boundary would not exceed 10 dBA above the ambient noise level for two or more hours per day, more than five days per week, for a period of 12 months or more AIR QUALITY Mitigation Measure 9a: Prior to issuance of demolition permits, grading permits, or building permits for the proposed project, the City of Palo Alto shall ensure that site plan notes include requirements for the construction contractor to implement the following Basic Construction Emission Control Measures. Visual site inspections shall be conducted throughout construction to ensure these measures are implemented appropriately: Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Notes on site plans for each construction phase include requirements for construction contractor to implement Basic Construction Emission Control Measures Castilleja School Project MMRP 10056 October 2020 17 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria 1. All exposed surfaces shall be watered two times daily. Exposed surfaces include, but are not limited to parking and staging areas, soil piles, graded areas, and unpaved access roads. 2. Haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. Wet power vacuum street sweepers shall be used to remove any visible trackout of mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited. 4. Vehicle speeds on unpaved roads to shall be limited to a maximum of 15 miles per hour. 5. All roadways, driveways, sidewalks, and parking lots to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Materials stockpiles shall be covered on days when they are not accessed, including any day on which construction does not occur. 7. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 8. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s  Prior to issuance of demolition, grading, or building permits – site plans contain appropriate emission control notes  Throughout construction – site inspections  Emission control measures are implemented throughout all construction Castilleja School Project MMRP 10056 October 2020 18 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 9. The construction contractor shall post a publicly visible sign with the telephone number and person to contact at the City of Palo Alto regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD phone number shall also be visible. Mitigation Measure HAZ-1 (see Hazards and Hazardous Materials section below) GEOLOGY, SOILS, AND SEISMICITY Mitigation Measure 12a: Project design and construction shall show compliance with and implement all of the recommendations contained in the geotechnical investigation (January 2107) and supplemental recommendations memorandum (March 2017) prepared by Silicon Valley Soil Engineering or provide an acceptable equivalent to these measures to the satisfaction of the Director of Public Works Engineering in order to reduce hazards related to expansive soils and the stability of soil and landforms. These include but are not limited to: 1. the basement foundation system should use a concrete mat slab with a minimum thickness of 12 inches and underlain by 6 inches of ¾-inch clean crushed rock and waterproofed; 2. basement retaining walls shall be designed using a pseudo-static force value of 2.71kips per lineal foot of wall length acting at a distance of 0.6H from the Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of demolition, grading, or building permits – site plans reflect geotechnical investigation and supplemental memorandum recommendations  Prior to issuance of certificate of occupancy – site inspections to verify as built conditions  All recommendations contained in the geotechnical investigation (January 2107) and supplemental recommendations memorandum (March 2017) prepared by Silicon Valley Soil Engineering, or acceptable equivalents, are implemented during construction Castilleja School Project MMRP 10056 October 2020 19 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria bottom of the wall, which shall be added to the lateral active force for seismic loading condition, 3. basement retaining walls shall be waterproofed consistent with the recommendations of the geotechnical investigation and a waterproofing consultant; 4. shoring shall be provided for trenches and excavation in excess of five feet in depth; 5. a geotechnical engineer shall be retained to observe and inspect all earthwork and grading; 6. within construction areas, organic materials shall be stripped from the soil and the soil shall be scarified by machine to a depth of 12 inches and thoroughly cleaned of vegetation and other deleterious matter; 7. subgrade shall be compacted to not less than 90% relative maximum density per ASTM D1557-12 at a moisture content greater than 3% above the optimum moisture provided that the subgrade meets compaction and is determined to be stable under construction equipment loading; and 8. a contingency dewatering plan shall be prepared that provides for collection of any surface runoff water and perched groundwater and use of the water as approved by the City and consistent with the City’s dewatering requirements, such as for on-site dust suppression, street-sweeping, and other City programs. Castilleja School Project MMRP 10056 October 2020 20 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria Mitigation Measure 12b: A discovery of a paleontological specimen during any phase of the project shall result in a work stoppage in the vicinity of the find until it can be evaluated by a professional paleontologist. Any paleontological resource discovered on site should be either preserved at its location or adequately documented as a condition of removal. Should loss or damage be detected, additional protective measures or further action (e.g., resource removal), as determined by a professional paleontologist, shall be implemented to ensure that the information potential represented by the resource is retained. Implementation: Castilleja School Monitoring: City of Palo Alto Timing: Throughout construction  Work is stopped within 100 feet of any paleontological specimen discovered during construction  Any discovered specimens are evaluated by a professional paleontologist  Recommended protective measures or further action, as determined by the paleontologist, are implemented prior to resuming construction INITIAL STUDY MITIGATION MEASURES BIOLOGICAL RESOURCES Mitigation Measure BIO-1: If feasible, vegetation on the project site shall be removed outside of the bird-nesting season. If the start of site clearing, tree removal, or building demolition occurs between February 1 and August 31, a pre-construction survey for nesting birds protected under the Migratory Bird Treaty Act shall be conducted by a qualified biologist to identify the location of nests in active use that were established prior to the start of project implementation activities. The pre-construction survey shall take place no more than 7 days prior to initiation of construction. All trees and shrubs on the site and on adjacent properties shall be surveyed, with particular attention to any trees or shrubs that would be removed or directly disturbed. If an active nest of a protected bird is found on site, the biologist shall, in consultation with the California Department of Fish and Wildlife (CDFW), determine whether construction work would affect the Implementation: Castilleja School Monitoring: City of Palo Alto Timing: Prior to issuance of demolition, tree removal, and/or grading permits for each construction phase  Pre-construction surveys are completed and submitted to the City within 7 days of commencement of construction activity if construction begins between February 1 and August 31  No construction occurs within 300 feet of active raptor nests.  Consultation with CDFW occurs prior to construction if an active nest of a protected bird is identified within the project site Castilleja School Project MMRP 10056 October 2020 21 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria active nest or disrupt reproductive behavior. Criteria used for this evaluation shall include presence of visual screening between the nest and construction activities, and behavior of adult birds in response to the surveyors or other ambient human activity. If construction could affect the nest or disrupt reproductive behavior, the biologist shall, in consultation with CDFW, determine an appropriate construction-free buffer zone around the nest to remain in place until the young have fledged or other appropriate protective measures are taken to ensure no take of protected species occurs. If it is determined that construction will affect an active raptor nest or disrupt reproductive behavior, then avoidance is the only mitigation available. Construction shall not be permitted within 300 feet of such a nest until a qualified biologist determines that the subject nests are no longer active. Prior to issuance of a demolition permit or tree removal permit, the City of Palo Alto (City) shall verify that pre-construction surveys have been conducted within 10 days of the proposed start of demolition. If active bird nests are present, the City shall verify that CDFW has been consulted and either determined that construction will not affect an active bird nest or that appropriate construction-free buffer zones have been established or other appropriate protective measures have been taken. Mitigation Measure BIO-2: No earlier than 30 days prior to initiation of demolition activities, a pre-construction survey shall be conducted by a qualified biologist (i.e., a biologist holding a California Department of Fish and Wildlife (CDFW) collection permit and a Memorandum of Understanding with CDFW allowing the biologist to handle bats) to determine if active bat roosts or Implementation: Castilleja School Monitoring: City of Palo Alto  Pre-construction surveys completed and reports submitted to the City no more than 30 days prior to demolition  If active roosts are found within 300 feet of the demolition activities, CDFW is consulted and no Castilleja School Project MMRP 10056 October 2020 22 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria maternal colonies are present on or within 300 feet of the demolition area. Should an active maternity roost be identified, the roost shall not be disturbed and demolition and construction within 300 feet of the maternity roost shall be postponed or halted until the juveniles have fledged and the roost is vacated, as determined by a qualified biologist. Consultation with CDFW shall also be initiated. Under no circumstance shall an active roost be directly disturbed. If nonbreeding bat hibernacula are found on the project site, the individuals shall be safely evicted under the direction of a qualified bat biologist and with consultation with CDFW. These actions shall allow bats to leave during nighttime hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight. If it is determined that demolition or construction will not affect roosting behavior or disrupt a maternal colony, demolition or construction may proceed without any restriction or mitigation measure. If it is determined that demolition or construction will affect an active bat roost or disrupt reproductive behavior, then avoidance is the only mitigation available. Under no circumstance shall an active roost be directly disturbed. Demolition or construction within 300 feet shall be postponed or halted until the roost is naturally vacated as determined by a qualified biologist. Prior to issuance of a demolition permit, the City of Palo Alto (City) shall verify that pre-construction surveys have been conducted within 30 days of the proposed start of demolition. If bats are present, the City shall verify that CDFW has been consulted and either determined that construction will not affect an active bat Timing: Prior to issuance of demolition permits for each construction phase demolition occurs within 300 feet of active roosts  Individuals within any nonbreeding bat hibernacula are evicted in compliance with recommendations from a qualified biologist and in consultation with CDFW Castilleja School Project MMRP 10056 October 2020 23 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria roost or disrupt a maternal colony, or that individuals in a nonbreeding bat hibernacula have been safely evicted. Due to regulations from the California Health Department, direct contact by construction workers with any bat is not allowed. HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure HAZ-1: Prior to building demolition, the project applicant shall demonstrate to the satisfaction of the City of Palo Alto that a survey of the existing buildings has been conducted by a qualified environmental specialist who meets the requirements of the current U.S. Environmental Protection Agency regulations for suspected lead-containing materials (LCMs), including lead-based paint/coatings; asbestos containing materials (ACMs); and the presence of polychlorinated biphenyls (PCBs). Any demolition activities likely to disturb LCMs or ACMs shall be carried out by a contractor trained and qualified to conduct lead- or asbestos-related construction work. If found, LCMs and ACMs shall be disposed of properly. If PCBs are found, these materials shall be managed in accordance with the Metallic Discards Act of 1991 (California Public Resources Code, Sections 42160–42185) and other state and federal guidelines and regulations. Demolition plans and contract specifications shall incorporate any necessary abatement measures in compliance with the Metallic Discards Act, particularly Section 42175, Materials Requiring Special Handling, for the removal of mercury switches, PCB-containing ballasts, and refrigerants. Implementation: Castilleja School Monitoring: City of Palo Alto Timing:  Prior to issuance of demolition permits for each construction phase – complete hazardous materials building survey and retain qualified contractor for demolition and disposal if needed  During construction – ensure any hazardous building materials are handled and disposed of in accordance with state and federal regulations  Hazardous materials building survey conducted by a qualified environmental specialist  If LCMs and/or ACMs are identified, demolition activities shall be conducted by a trained and qualified contractor and LCMs and ACMs are disposed of properly  Any PCBs are managed in accordance with the Metallic Discards Act of 1991 (California Public Resources Code, Sections 42160–42185) and other state and federal guidelines and regulations Castilleja School Project MMRP 10056 October 2020 24 Table 1 Castilleja School Project MMRP Mitigation Measure Implementation Responsibility, Monitoring Responsibility, and Timing Performance Evaluation Criteria TOPICS FOR WHICH NO MITIGATION MEASURES ARE REQUIRED:  Agriculture and Forestry Resources  Greenhouse Gas Emissions  Energy  Hydrology and Water Quality  Mineral Resources  Population/Housing  Public Services  Recreation  Utilities/Service Systems Castilleja School Project MMRP 10056 October 2020 25 Castilleja School Project Construction MMRP Checklist Table 2 Castilleja School Project Construction MMRP Checklist Mitigation Measure Action City Verification Actions/Dates ACTIONS REQUIRED BY CASTILLEJA PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS Mitigation Measure 4b Submit Tree Protection and Preservation Plan, implement all pre- construction tree protection measures identified in the approved plan, and submit Verification of Tree Protection Report for each construction phase Mitigation Measure 5a Submit lighting plan for each construction phase Mitigation Measure 6a Submit historic resources protection plan for each construction phase Mitigation Measure 8a Submit technical analysis identifying specific loudspeaker equipment, locations and positions of speakers, and anticipate noise levels for nearby sensitive receptors Mitigation Measure 8b Submit construction noise analysis and construction plans demonstrating implementation of recommended noise control measures for each construction phase Mitigation Measure 9a Include notes on site plans requiring implementation of Basic Construction Emission Control Measures for each construction phase Mitigation Measure 12a Submit site plans demonstrating compliance with all geotechnical investigation and supplemental memorandum recommendations for each construction phase Mitigation Measure BIO-1 Complete pre-construction nesting bird surveys and submit to the City within 7 days of commencement of construction activity if Castilleja School Project MMRP 10056 October 2020 26 Table 2 Castilleja School Project Construction MMRP Checklist Mitigation Measure Action City Verification Actions/Dates construction begins between February 1 and August 31 for each construction phase Consult with CDFW if an active nest of a protected bird is located for each construction phase Mitigation Measure BIO-2 Complete pre-construction roosting bat surveys City no more than 30 days prior to demolition for each construction phase Consult with CDFW if active roosts are found within 300 feet of demolition activities for each construction phase Evict any individual bats within any nonbreeding bat hibernacula in compliance with recommendations from a qualified biologist and in consultation with CDFW Mitigation Measure HAZ-1 Complete hazardous building material survey and retain qualified contractors for demolition and disposal if hazardous building materials are identified ACTIONS REQUIRED BY CASTILLEJA DURING CONSTRUCTION Mitigation Measure 4b Conduct monthly tree inspections and submit Monthly Inspection Report Mitigation Measure 5a Install lighting in accordance with approved plan Mitigation Measure 6a Implement historic resources protection plan Mitigation Measure 6b Provide cultural resources awareness training to all construction crew prior to beginning any ground disturbing activities Ensure that construction crew halts work if cultural resource are discovered until resources are evaluated by qualified archeologist and any treatment measures are implemented Castilleja School Project MMRP 10056 October 2020 27 Table 2 Castilleja School Project Construction MMRP Checklist Mitigation Measure Action City Verification Actions/Dates Mitigation Measure 7a Install driveway vehicle count equipment Mitigation Measure 7b Maintain vegetation within 40 feet of school’s driveways onto public streets so that the area between three and seven feet (elevation) from the roadway surface is clear Mitigation Measure 8a Install loudspeaker in accordance with technical report specifications; retain noise consultant to measure noise levels after installation and submit report to City Mitigation Measure 8b Implement construction noise control measures Mitigation Measure 9a Implement air pollution emission control measures Mitigation Measure 12a Implement all geotechnical investigation and supplemental memorandum recommendations Mitigation Measure 12b Stop work within 100 feet of any paleontological specimen discovered during construction until they are evaluated by a professional paleontologist and recommended protective measures are implemented Mitigation Measure BIO-1 Prohibit construction within 300 feet of any active raptor nests Mitigation Measure HAZ-1 Ensure any hazardous building materials are handled and disposed of in accordance with state and federal regulations ACTIONS REQUIRED BY CITY PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY Mitigation Measure 4b Verify implementation of Tree Protection and Preservation Plan Mitigation Measure 5a Verify that lighting comports with Municipal Code Mitigation Measure 6a Verify that historic resources were not damaged, or require repairs if damage occurred Castilleja School Project MMRP 10056 October 2020 28 Table 2 Castilleja School Project Construction MMRP Checklist Mitigation Measure Action City Verification Actions/Dates Mitigation Measure 7a Verify that driveway vehicle count equipment was installed and is operational and calibrated Mitigation Measure 7b Paint curbs to prohibit on-street parking within 35 feet of project site driveways Mitigation Measure 8a Verify pool loudspeaker noise levels Mitigation Measure 12a Complete site inspections to verify as built conditions comport with all geotechnical investigation and supplemental memorandum recommendations Castilleja School Project MMRP 10056 October 2020 29 Castilleja School Project Operation MMRP Annual Checklist Table 3 Castilleja School Project Operation MMRP Annual Checklist Mitigation Measure Castilleja Action Timing City Verification Actions/Dates ACTIONS REQUIRED FOR SPECIFIC DURATION Mitigation Measure 4b Monitor all trees (retained, relocated, newly planted) and submit annual reports Beginning at end of each construction phase and continuing for five years Plant additional trees to replace any that do not survive initial five- year monitoring and monitoring such trees for five years from the date of planting Beginning at the time that any tree subject to monitoring is shown to have died and continuing for five years from the date of planting ACTIONS REQUIRED IN PERPETUITY Mitigation Measure 4a Publish special events calendar At the beginning of each academic year, with updates each trimester Submit parking plans to City Prior to onsite special events Mitigation Measure 7a Implement TDM plan During all operation, including during construction when school is still operating Submit monitoring reports Three times per year until full enrollment reached and peak hour and daily trip standards achieved – generally every 3 months, beginning approximately 3 months after the first day of school for that year Thereafter two times per year - generally every 4.5 months, Castilleja School Project MMRP 10056 October 2020 30 beginning approximately 4.5 months after the first day of school for that year Mitigation Measure 7a (continued) If standards are not achieved as defined in Mitigation Measure 7a, implement additional TDM measures and reduce enrollment Need for action to be determined at end of each monitoring/reporting period. When additional TDM measures are required, they shall be implemented as soon as possible. If enrollment reductions are needed, they shall occur in the next admission cycle. Implement active traffic management as identified in the Garage Circulation Plan, or subsequent plans approved by the City during all drop-off and pick-up periods and during special events with more than 75 guests Mitigation Measure 7b Submit evidence of landscaping management plan or active landscape maintenance contract Annually Inspect no-parking curb markings within 35 feet of site driveways and report any need for repainting to the City Annually Mitigation Measure 8a Maintain pool loudspeaker equipment in accordance with noise technical report specifications and submit evidence of inspection and any repairs to City Annually DRAFT ACTION NO. 2021-0X RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION 1310 BRYANT STREET (CASTILLEJA) ARCHITECTURAL REVIEW 19PLN-00116 CONDITIONAL USE PERMIT AND VARIANCE 16PLN-00238 On March 15, 2021, the Council _____ the _______making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On March 8 and 15, 2021, City Council held public hearings of the Architectural Review, Conditional Use Permit and Variance applications, and considered the Final Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) prior to certifying the adequacy of the EIR, as reflected in the Resolution (2021-OX), and B. The Planning and Transportation Commission reviewed the DEIR and Final EIR and on September 9, 2020, recommended Council certify the EIR. The Final EIR, published July 29 and 30, 2020, responded to public review comments on the Draft Environmental Impact Report (DEIR) published July 17, 2019. The analyses included Project alternatives. The Commission’s five meetings included August 20, September 9, October 28, November 4, and November 18, 2020. On November 18, 2020, the Commission supported the four Variance findings to support the Gross Floor Area replacement, and the first of two CUP findings, with a s plit vote on the second CUP finding, to forward the CUP with modified approval conditions. C. The ARB reviewed the Castilleja School Project during three hearings (August 20, October 1, 2020, and November 5, 2020), including the Final EIR, Architectural Review Findings and Approval Conditions, and recommended approval of the Architectural Review application for phased redevelopment at 1310 Bryant Street on November 5, 2020, in support of the updated Alternative Project Plans. SECTION 2. Environmental Review. The City, as the lead agency prepared a Draft Environmental Impact Report subject to the provisions of the California Environmental Quality Act (CEQA). The public notice period for the DEIR began on July 17, 2020 and concluded following a 60-day public review and comment period. Responses to comments received prior to the end of the public comment period were prepared and included with responses and evaluation of an additional project alternative in a Final EIR published July 30, 2020, for Council certification. 1. The environmental effects of the Project and Project Alternative have been analyzed in an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act of 1970 (CEQA). 2. The Draft EIR identified one or more potentially significant effects of the Project and Project Alternative on the environment as well as mitigation measures that would, for the Project Alternative #4, reduce the significant effects to a less than significant level. The Project applicant, before public release of the Final EIR, submitted the ‘Disbursed Circulation/Reduced Garage Alternative’ (Project Alternative #4) which modifies the Project to mitigate the effects to a less than significant level and address many community concerns, as demonstrated through the Council certification of the Final EIR by Resolution, and adoption of the related Mitigation Monitoring and Reporting Program (MMRP). 3. The Director independently reviewed and considered the DEIR, together with public comments received during the public review process and other information in the record, prior to forwarding the recommendations from the HRB, ARB and PTC on the Final EIR to the City Council. 4. The EIR reflects and represents the independent judgment and analysis of the City of Palo Alto as lead agency. 5. Based on the whole record of proceedings, the City Council adopted by Resolution (###) findings that there is no substantial evidence the Project Alternative will have a significant effect on the environment, with implementation of the Mitigation Measures. 6. The Director of Planning and Development Services at the Director’s Office at 250 Hamilton Avenue, Palo Alto, California 94301 is the custodian of records and documents of proceedings on which this decision is based. SECTION 3. Architectural Review Findings. The design and architecture of the proposed project, as conditioned, complies with the Findings for Architectural Review as required in PAMC Chapter 18.76. The design and architecture of the proposed public parking garage complies with the Six Findings for Archi tectural Review set forth in Palo Alto Municipal Code Chapter 18.76 Section 18.76.020 effective as of January 12, 2017. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan and Zoning Code. The Project Alternative conforms to the following Comprehensive Plan Goals and Policies. Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Single Family Residential Castilleja School has existed at this site since 1910 and has co -existed since 1960 via CUP with the surrounding Single-Family Residential uses Land Use and Community Design Element Policy L-1.1: Maintain and prioritize Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. The school’s functionality will be enhanced for increased safety, sustainability, and programmatic space to better serve its student population. Project features are intended to minimize existing school-related disruptions on the surrounding neighborhood: below grade pool with sound -wall, and all but 26 parking spaces are hidden below grade, the distributed drop off to avoid TIRE impact on Emerson; preservation of mature trees that are of value to the community. Policy L-1.5: Regulate land uses in Palo Alto according to the land use definition in this Element and Map L- 6. Schools are conditionally permitted uses in areas designated as Single-Family Residential. This is not a ‘grandfathered use’. No change to the land use designation is proposed. Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. Existing school land use is single-gender, non-sectarian school. Schools are an important community need. Project expands enrollment gradually with as facilities are redeveloped for increased safety, sustainability, and programmatic space with enhanced TDM. Policy L-1.11: Hold new development to the highest development standards to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. New building design utilizes high quality materials, results in net reduction of campus gross floor area (and thus, FAR). Total gross floor area reduced by 988 sf). Increased are below grade. Building replaces over-height limit buildings with building meeting height limit. Temporary changes in campus- wide visual character will occur, via demolition, construction and associated tree removal. Overall, project would improve the site’s visual character its compatibility with the surrounding residential neighborhood compared to existing conditions by reducing the perceived building scale and massing. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural The site plan includes greater open space area (3,766 sf). This new open space was reduced from 6,904 sf additional open space for Project Alternative noted features such as green rooftops, pocket parks, plazas and rain gardens. in EIR (Existing open space at 140,390 sf; 147,294 sf in Alternative #4). New porch at 3,513 sf reduces the increase in open space to 164 sf; however, the porch has 1,954 sf green roof. Circle to be smaller but retained. Project incorporates new planter areas, preserves most trees around the site’s perimeter, provides additional landscaping with trees, shrubs, grasses, vines, and groundcover, gardens adjacent to buildings, bioretention areas, and a green roof above subterranean parking facility. Policy L-2.8: When considering infill redevelopment, work to minimize displacement of existing residents. The houses on Emerson Street are retained under Project Alternative #4. One house is used as a rental housing unit. Both of these R-1 properties are developable with second dwelling units to increase housing supply. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. The new academic building complies with the R-1 height limit and the revised Kellogg elevation shows the roofline/mass at second floor level broken to help the proposed building’s scale and massing to be more compatible with neighboring residences. Buildings would be slightly smaller in scale and mass than the existing buildings. Building design incorporates articulation and variety in material and colors to further break up the massing. Architectural features, fences and walls similar to those found in residential, rather than institutional, neighborhoods; examples: large roof overhangs with exposed wood beams, trellised patios, outdoor covered areas, use of exterior materials that are predominant in the neighborhood. Program L4.9.1: While preserving adequate parking to meet demand, identify strategies to reuse surface parking lots. The existing surface parking lot next to the gym is to be reused as below - grade pool location; the size of the parking lot at Emerson/Kellogg is reduced and tandem spaces eliminated. Goal L-6: Well-designed Buildings that Create Coherent Development Patterns and Enhance City Streets and Public Spaces. Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces. 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 midblock locations rather than along streets wherever possible. Project replaces five institutional buildings with two new buildings with slightly less gross floor area; Kellogg façade undulates; roofline and mass are broken up partway; porch entrance on Bryant connects the new buildings; updated materials are compatible with the existing residences surrounding the site. Removing outdated buildings of substantially lower quality than buildings built to current standards promotes high quality design and site planning. The new building design is more consistent with the surrounding neighborhood; the required ARB review process ensures building will meet the City’s architectural review approval findings. The below-grade parking facility would relocate many circulating and parked vehicles from the neighborhood streets with a new pick-up and drop-off location. On-street parking in the neighborhood will be reduced with adequate on-site parking space supply. School parking will become more compatible with residential neighbor parking. The bus drop -off and pick-up area relocated internal to the site, and loading, delivery, and trash functions moved off City streets and onto school property to reduce neighborhood congestion and noise. New building façades scaled to the size of neighboring residences, to avoi d abrupt changes in scale between residential and nonresidential uses. The project increases the amount of undeveloped open space on the project site and retaining the Emerson homes improves transitions between uses. Policy L-5: Maintain the scale and character of the City. Avoid land uses that are overwhelming and unacceptable due their size and scale. The proposed changes to the site with this project are consistent with the site and neighborhood character, which is primarily a two-story residential neighborhood. Project Alternative #4 maintains scale on site and maintains the Emerson Street character by retaining the two residential structures at 1235 and 1263 Emerson. Policy L-9.2: Encourage development that creatively integrates parking into the project, including by locating it behind buildings or Consistent. Analysis underground wherever possible, or by providing shared use of parking areas. Encourage other alternatives to surface parking lots that minimize the amount of land devoted to parking while still maintaining safe streets, street trees, a vibrant local economy, and sufficient parking to meet The project would reduce the amount of surface parking on the site from 82 spaces to 26 spaces and construct an underground parking facility for 117 spaces (10 of which are the interior space of a tandem pa ir and are not counted towards attainment of the City’s minimum parking requirements). With many drop-off and pick-up traffic routed through the underground parking garage, and the availability of on -site parking, the parking garage would relocate vehicle circulation and parking away from the neighborhood streets such that the school use can be more compatible with its residential neighbors. demand. 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. The project would include bicycle parking for students consistent with the Municipal Code. The project would be consistent with all aboveground setback and landscaping requirements which would ensure a high-quality and comfortable pedestrian experience on adjacent residential streets 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 As part of the proposed Sustainability Plan, Castilleja School will implement additional Transportation Demand Management strategies to reduce pea k hour vehicle trips. This includes encouraging bicycling, walking, and carpooling and providing shuttle and bus service. Policy T-1.2: Collaborate with Palo Alto employers and business owners to develop, implement and expand comprehensive programs like the TMA to reduce single-occupant vehicle commute trips, including through incentives As part of the proposed Sustainability Plan, Castilleja School will implement additional Transportation Demand Management strategies to reduce peak hour vehicle trips (Appendix B). This includes encouraging bicycling, walking, and carpooling and providing shuttle and bus service. 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. As part of the proposed Sustainability Plan, Castilleja School will expand the school’s Transportation Demand Management program to meet the performance standards identified in Mitigation Measure 7a, which may include expanding shuttle and bus service. Policy T-1.16 Promote personal transportation vehicles as an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. Policy T-1.19 Provide facilities that encourage and support bicycling and walking. Program T5.12.1 Work with employers, merchants, schools and community service providers, to identify ways to provide more bicycle parking, including e- bike parking with charging stations, near existing shops, services and places of employment. As part of the proposed Sustainability Plan, Castilleja School will implement additional Transportation Demand Management strategies to reduce peak hour vehicle trips and the daily trip rate per student as required in Mitigation Measure 7a. This includes encouraging bicycling, walking, and carpooling and providing shuttle and bus service. The project will add new bicycle facilities on- consistent with the goals of the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan; it will improve the bicycle parking capacity of the site and incentivize the use of bicycles as a mode of transportation to the site. • 140 bike spaces (94 long term spaces and 46 rack spaces) provided in three bike parking areas; 46 rack spaces at grade along the front of the proposed library; 52 long term spaces between the proposed pool and the parking garage exit ramp; 42 long term spaces near athletic building. • Castilleja increasing TDM efforts to meet a “no new AM or PM peak hour trips” standard (2016 TDM Plan and 2016 TDM Plan Supplement, EIR Appendix B). • Additional requirements and performance standards for the TDM plan are identified in Mitigation Measure 7a. • The building and site design will enhance the pedestrian and bicycling environment and access to the site overall. The parking lot adjacent to Bryant Street would be reconfigured, providing 13 parking spaces for visitors. Emerson and Kellogg parking lot to be repurposed as a staff parking lot with 13 parking spaces. Policy T-4.6: Require project proponents to employ the TIRE methodology to measure potential street impacts from proposed new development of all types in residential neighborhoods EIR Chapter 7, Transportation and Circulation, includes analysis of the project’s effects using the TIRE methodology. Mitigation measure 7a recommends specific percentage distribution of drop offs to avoid TIRE impacts. Policy T-5.1: All new development projects should manage parking demand generated by the project, without the use of on street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. Policy T-5.6: Strongly encourage the use of below- grade or structured parking and explore mechanized Most parking will be in a below-grade parking garage within the project site. Currently, the campus does not provide sufficient vehicle parking to meet the Municipal Code requirements. The original project’s on-site parking facilities would exceed the Municipal Code requirements; Project Alternative #4’s parking facilities would meet the Municipal Code requirements. Further, the facilities would improve the ratio of parking spaces to students, which would reduce the amount of on-street parking in the neighborhood. The development of below-grade parking would reduce the use of on-street parking instead of surface parking for new developments of all types while minimizing negative impacts including on groundwater and landscaping where feasible. Policy T-5.11: Work to protect residential areas from parking impacts of nearby businesses and uses, recognizing that fully addressing some existing intrusions may take time. parking by students and parents and would therefore reduce the intrusion of campus vehicles on street parking in the residential neighborhood 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 bicycle 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. The project includes provision of onsite bicycle parking and a bicycle repair station for students and staff. As part of the Transportation Demand Management Plan, the project would also provide for bicycle “fix-it” days to encourage bike riding. Policy N-2.1: Recognize the importance of the urban forest as a vital part of the city’s natural and green infrastructure network that contributes to public health, resiliency, habitat values, appreciation of natural systems and an attractive visual character which must be protected and enhanced. Adverse effects to the existing trees within and adjacent to the project site were studied; the proposed landscaping plan includes planting new trees throughout the campus. Project Alternative #4 would preserve 114 trees, remove 14 trees, including 2 protected trees and 4 street trees, and relocate 28 trees, including 2 protected trees. Project Alternative #4 retains the row of six redwoods next to Spieker Field. The Tree Removal Management Program is intended to ensure the protection of existing trees and the survival of new and replanted trees. Replanting established trees causes significant impact which will require long term care plus mitigation for reduction of health and longevity. Mitigation Measure 4b requires replacement of protected trees, replacement of street trees, and additional tree planting to replace the tree canopy from trees that are not specifically protected. Policy N-2.4: Protect soils in both urban and natural areas as the foundation of a healthy urban forest. Recognize that healthy soils are necessary to filter air and water, sustain plants and animals and support buildings and infrastructure. The evaluation considered effects due to encroachment into the soil area necessary to support healthy trees. Specifically, the Arborist Report and September 2020 landscape architect’s letter contains recommendations regarding provision and/or protection of adequate soil area to supp ort healthy tree growth. Policy N-2.6: Improve the overall distribution of citywide canopy cover, so that neighborhoods in all areas of Palo Alto enjoy the benefits of a healthy urban canopy. Mitigation Measure 4b requires Castilleja School to plant trees in landscape planters along public streets in the project vicinity. This will improve the canopy cover in the neighborhood. Policy N-2.8: Require new commercial, multi-unit and single-family housing projects to provide street trees and related irrigation systems. The project would retain most of the existing street trees around the project site perimeter and would plant additional street trees in the vicinity as required by Mitigation Measure 4b. Policy N-2.9: Minimize removal of, and damage to, trees due to construction-related activities such as trenching, excavation, soil compacting and release of toxins. Impact 4-3 evaluates the project’s potential to result in adverse effects to the existing trees within and adjacent to the project site, including consideration of effects due to encroachment into the soil area necessary to support healthy trees. The project alternative #4 would retain 114 trees, remove 14 trees and relocate 28 trees. Mitigation Measure 4b requires that the project applicant prepare and implement a Tree Protection, Removal, and Relocation Preservation Plan for each construction phase, subject to review and approval by the City’s Urban Forester. Further, this plan must include specific measures for the protection of retained trees from 4 – LAND USE AND PLANNING Castilleja School Project Draft EIR 10056 July 2019, as revised July 2020 4-19 Table 4-1 Comprehensive Plan Policy Consistency Analysis Policy Analysis adverse effects associated with construction activities Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection Impact 4-3 evaluates the project’s consistency with the City’s Tree Preservation and Management Regulations. Project Alternative #4 would remove 14 trees, including 2 protected and 4 street trees, and relocate 28 trees, including 2 protected trees. The Tree Protection and Preservation Plan required under Mitigation Measure 4b, which is subject to review and in Palo Alto. approval by the City’s Urban Forester, must include specific measures for the protection of retained trees from adverse effects associated with construction activities. 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. EIR Chapter 8, Noise, provides a detailed analysis of the potential noise impacts associated with the project. The proposed project could create a substantial increase in ambient noise levels for some neighbors during construction and associated with the use of amplified sound equipment at the proposed pool. However, implementation of Mitigation Measures 8a and 8b which require use of noise management measures during construction and modeling that demonstrates the sound system at the pool would be designed and installed such that noise levels remain in compliance with the City’s standards, would ensure that the proposed project would be compliant with Policy N-6.7. 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 EIR Chapter 8, Noise, identifies the anticipated noise levels associated with special events and truck activity and finds that impacts would remain less than significant. The proposed project would relocate truck activity to a below-grade loading and trash enclosure area. A Sound Wall is proposed adjacent to the new, below grade pool to be set 15 feet below grade. 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. EIR Chapter 8, Noise, identifies the general noise levels associated with construction and includes Mitigation Measure 8b requiring Castilleja School to submit detailed construction equipment and noise management plans for each construction phase Policy N-7.4: Maximize the conservation and efficient use of energy in new and existing residences and other buildings in Palo Alto. As part of the proposed Sustainability Plan, Castilleja School will work towards achieving “zero net energy” use by using renewable energy generated onsite to meet the majority of energy demand. This may include photovoltaics, solar water heating, and/or wastewater heat recovery. Policy N-7.5: Encourage energy efficient lighting that protects dark skies and promotes energy conservation by minimizing light and glare from development while ensuring public health and safety. As part of the proposed Sustainability Plan, Castilleja School will work towards achieving “zero net energy” use by using renewable energy generated onsite to meet the majority of energy demand. This may include photovoltaics, solar water heating, and/or wastewater heat recovery. Policy N-7.6: Support the maximum economic use of solar electric (photovoltaic) and solar thermal energy, both as renewable supply resources for the Electric Utility Portfolio and as alternative forms of local power generation. As part of the proposed Sustainability Plan, Castilleja School will work towards achieving “zero net energy” use by using renewable energy generated onsite to meet the majority of energy demand. This may include photovoltaics, solar water heating, and/or wastewater heat recovery. Castilleja’s Sustainability Road Map is to improve energy and water efficiency, reduce vehicle travel, prioritize use of environmentally sensitive materials, and reduce light pollution. Policy N-8.1: Take action to achieve target reductions in greenhouse gas emission levels from City operations and the community activity of 80 percent The project would replace four buildings with new construction that is more energy efficient and water efficient than the existing structures which would help reduce greenhouse gas emissions. The project also includes below 1990 levels by 2030. implementation of a Sustainability Plan that would further reduce Castilleja School’s contribution to greenhouse gas emissions Policy S-2.5: Minimize exposure of people and structures to geologic hazards, including slope stability, subsidence and expansive soils, and to seismic hazards including ground shaking, fault rupture, liquefaction and landslides. The geotechnical report for the proposed project demonstrates that the geologic and soil conditions at the site are suitable to support the proposed improvements. The Project Alternative design complies with the City’s Zoning regulations; it will not increase the development area of the site regarding height (which will be reduced to meet the R-1 Zone height limit), gross floor area/floor area ratio (net loss of GFA, FAR (above grade floor area), and setbacks. A Variance is requested to replaced non- complying gross floor area that exceeds the maximum floor area ratio, established in 1998 for the R-1 district properties. On-site parking spaces will be increased to address the increased student enrollment; the parking facilities will be Zoning Code compliant with the required parking ratio based on the number of classrooms, but not ‘overparked’. The project will increase the number of bike parking spaces on the site to meet/exceed bike parking requirements. The applicant requests approval of a phased Architectural Review project, under Palo Alto Municipal Code Chapter 18.76.020 (g), for construction to take place over a three-year period, with associated enrollment increases at a rate not to exceed 27 students per year. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adj acent residential areas. Responses: (a) The project’s new buildings and site improvements will enhance the pedestrian environment within and surrounding Castilleja School. The L-shaped Academic building will provide a desirable environment with a library and fine arts space located in the wing facing Bryant Street and the majority of the teaching stations, the cafeteria, offices and common areas in the wing facing Kellogg Avenue. The Academic Building design will be unified and coherent, an aesthetic improvement from the existing buildings to be replaced. (b-1) The project retains and improves the existing Historic Resource Category 3 resource, the Gunn Administration Building, in a way that demonstrates compliance with the Secretary of the Interior Standards for Rehabilitation, by: • Separating it from the Rhoades building to be demolished; • Refinishing the exterior wall on the eastern façade with differentiated stucco on the first floor and wood shingles on the second floor, consistent with the existing building materials and finishes, and matching the existing exterior finishes in material, color and dimension; the refinishing plans would not alter the building dimensions; • Adding new doors on the first and second floors and constructing new exterior stairs (with Condition for modifications to Option 1 retaining door proposal but capturing some of Option 2’s railing features – with review of final details for egress stairway to be reviewed by HRB subcommittee) to provide access to the second floor (with wood trim to match existing window trim); • Maintaining and preserving distinctive finishes and character-defining features, including its stucco- and shingle-clad exterior walls, wood shingle roofing, and Craftsman style features; • Enabling, upon project implementation, the Administration Center to continue to convey its distinctive features, finishes, construction techniques, and examples of fine craftsmanship. (b-2) The Project Alternative #4 would preserve, respect and integrate existing natural features (tree s) that contribute positively to the site, including the row of six Redwoods (trees #115-120) next to Spieker Field, by: (i) retaining in place 114 trees (including 34 ‘protected’ trees, 35 street trees, and 45 ‘un-regulated’ trees), (ii) relocating 28 trees (2 ‘regulated’ and 26 ‘un-regulated’ trees) elsewhere on site with appropriate conditions of approval to ensure survivability, and with the provision of additional trees to mitigate the potential for less robust tree growth in the relocated trees, (iii) removing 14 trees (6 ‘regulated’ trees including 2 oaks (#140, 155) and 4 street trees (#23, 53, 66, 67)) and 8 ‘un-regulated/not protected trees. (c) Not applicable (no context-based design criteria in the R1 zones) (d) With Project Alternative #4’s retention of Castilleja’s two single-family houses on Emerson Street, the existing character of Emerson Street between Melville Avenue and Embarcadero Road will be retained. Character and quality are represented in the proposed harmonious fencing and landscaping. These will add to the residential and school character, to improve the transitions between uses; the character of the Bryant and Kellogg frontages will be improved with the new Academic Building . Temporarily, due to the proposed temporary campus, the character of Embarcadero Road frontage will be dramatically changed, but the proposed vegetation is intended to interrupt views of the proposed two-story portables. (e) There are no living units on the Castilleja School campus. There are measures in the EIR that address protection of the adjacent historic resource at 1215 Emerson Street, under separate ownership, from damage during construction. Construction and the installation of the proposed temporary campus will be a nuisance to residents adjacent to the project for a certain period of time, after which construction will cease and the temporary campus would be removed. The proposed below-grade pool’s stepped bleachers would face northwest (towards the interior of the campus); pool equipment would be in an area below grade under a portion of the bleachers and adjacent to the driveway ramp; a six foot tall noise attenuation wall would be constructed at the setback from Emerson Street with a two foot kicker placed at the top, slanted inwards towards the pool, extending 3 feet towards the interior of the project site. These noise-reduction measures are supplemented by mitigation measures related to loudspeaker use. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials, and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project includes materials which are durable and have high-quality finishes. The new Academic Building will be finished with cedar wood shingles and vertical cedar siding wall system in a board and batten pattern. Window, storefront and curtain wall glazed assemblies are proposed. Exterior metals include painted steel, steel plate and picket railings, anodized aluminum window and opening framing, zinc and anodized aluminum paneling. The design is intended to enhance the character of the site and update the existing conditions, with: board form finishing from foundation to roof, timber or composite metal decking topped in concrete, with an SBS flat roof system with overhangs and trellises to shade and reduce conditioned space, and with extensive photovoltaic panels. The lighting plans were reviewed in the EIR and subject to mitigation measure implementation; ARB review to ensure lighting limits of 0.5 foot -candle, as measured at the abutting residential property line; with interior lighting to minimize nighttime glow; low intensity lighting for building exte riors, parking areas, and pedestrian ways; and directing pedestrian and security lighting downward. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). Bicycle parking: The project will improve circulation for vehicle, bicycle, and pedestrian traffic and access to the project site. • Bike parking increases from 102 surface level spaces to approximately 140 spaces, consistent with the proposed Sustainability Plan. These spaces would be provided in several bicycle parking areas. (1) At grade along the front of the proposed library within the new Academic building, at site access driveway on Bryant Road (46 rack spaces). (2) Surface-level bike area between the proposed pool and the parking garage exit ramp (52 rack spaces). (3) Additional 42 bicycle parking spaces near the athletic building. (4) Long-term bicycle parking would be located along the northern wall of the pool area and gymnasium and include four bicycle lockers as well as bicycle racks. Bicycle circulation and repairs: The project includes a Bryant Street repair station for students to use for routine bicycle maintenance and minor repairs. Bicyclists would be directed to access the campus either from Emerson Street or the corner of Bryant Street and Kellogg Avenue. Bicyclists using Bryant Street would park in the short- term parking or walk their bicycles across the front of the Academic and Administration buildings and then along the Chapel Theater to the long-term parking area. Pedestrian access to the site would be provided from Bryant Street at the exit driveway for the Bryant Street loop and from the sidewalk along Emerson Street. Service delivery facilities: These would be relocated below grade and away from the perimeter of the campus, accessed via a 26-foot wide paved vehicle ramp from Emerson Street into the basement area of the proposed Academic building, which would host a trash enclosure and service/loading area. Temporary campus on Spieker Field: The temporary campus would contain 40 classrooms, restrooms, a kitchen and dining facilities, a library, a student -cubbies building, a storage building, several storage sheds, and a maintenance building. These would be placed on Spieker Field following construction of the garage. In the final construction phase, the temporary campus would be removed, and Spieker Field would be restored. Pedestrian tunnel: The approximately 36-foot long underground pedestrian tunnel would provide access from the garage to the central part of the campus, between the athletic center and chapel. With a standard section of 12 feet by 11 feet (which would provide an inside dimension of 10 feet by 7.5 feet), the tunnel at both ends would include appropriate provisions for access required under the Americans with Disabilities Act. This tunnel is proposed as a permanent encroachment within the 25-foot PUE located along the old alignment of Melville Avenue through the campus; the PUE would shift 15 feet to the southeast to accommodate construction of the proposed below-grade garage. The garage walls would be placed a minimum of five feet from the existing sewer line (so the sewer line would not be affected). The Circle: An open-space organizing feature of the campus to be reconstructed in a slightly smaller configuration and shifted easterly (with the Circle’s edge approximately 40 feet further from Bryant Street than the current Circle). A driveway would continue to provide access to the Circle from Emerson Street and continue around the perimeter of the Circle for on-site circulation of buses and other vehicles, as needed. The Circle would be surfaced with artificial turf requiring no irrigation. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought-resistant plant material capable of providing desirable habitat that can be appropriately maintained. Many of the existing trees will be preserved as noted in Finding 2, and there will be no net loss of t ree canopy. All but one tree species (Queen Palm) will be native trees. The plant species will provide suitable habitats; and include flowering plants/trees suitable for wildlife. The different planting areas are appropriate to the functions and locations – perimeter plantings, interior garden, and bioretention swales. California natives, drought tolerant and habitat creating species are selected, with an appropriate variety of perennials, shrubs, grasses and trees that will complement the building design and site. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. As part of the proposed Sustainability Plan, Castilleja School will work towards achieving “zero net energy” use by using renewable energy generated onsite to meet the majority of energy demand. This will include photovoltaics, solar water heating, and/or wastewater heat recovery. Castilleja’s Sustainabil ity Road Map is to improve energy and water efficiency, reduce vehicle travel, prioritize use of environmentally sensitive materials, and reduce light pollution. The project will comply with green building energy code requirements. The landscaping will include a significant amount of native or low to moderate water usage plants along with on -site water treatment (C3) that will reduce storm water runoff and allow water to enter the local aquifer. When removal of an entire structure is proposed, it must be accomplished through a process of deconstruction rather than demolition, requiring careful disassembly of building components to maximize reuse and recycling. This approach is consistent with Castilleja School’s proposed Sustainability Road Map and their goal of attaining a LEED platinum The mechanical systems are primarily radiant heating and cooling distributed in a concrete topping slab over decks; this uses a center water cooled heat pump in the lower level of the new building. The system includes pumps, expansion tanks, air separators, chemical feed and VFDs. This will replace the existing on -site cooling tower that will then serve other buildings on site. ____________________________________ SECTION 4. Architectural Review Approval Granted. Architectural Review Approval is hereby granted for the Project by the City Council pursuant to Chapter 18.77 of the Palo Alto Municipal Code. Section 9 of this Record of Land Use Action contains Conditions of Architectural Review Approval assoc iated with the Project (i.e. Project Alternative #4.) SECTION 5. Plan Approval. The plans for the Castilleja School, Project Alternative (Disbursed Circulation/Reduced Garage Alternative) submitted for Building Permit shall be in substantial conformance with those plans prepared by WRNS and Archirender, entitled ‘ARB Resubmission #4’ consisting of 111 pages, and dated October 22, 2020 (with Supplementary Information dated 02.02.2021), except as modified to incorporate the conditions of approval in Section 9. A copy of these plans is on file in the Department of Planning and Development Services. SECTION 6. Conditional Use Permit (CUP) Findings. The following findings for a Conditional Use Permit are made pursuant to PAMC Section 18.76.010 and subject to Conditions of Approval in this Record of Land Use Action: 1. The proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience: A. Castilleja is a private school, in existence in its current location since 1910, prior to the City’s requirement for CUP approvals for private schools in R-1 zones. Campus modifications and operations have been subject to CUPs issued since the 1960s, as follows: • 1960 CUP and Variance for 41’ tall, three-story dormitory exceeding R1 height limit; classrooms, administrative offices, auditorium, library, dorm kitchen, dining room, social room, gymnasium, pool, tennis courts, caretaker quarters, shop, and garage. • 1970’s CUPs traffic condition, chapel addition requiring 52 parking spaces, designated student pick-up and delivery areas, and compliance with prior CUP • 1990’s CUPs sixth grade class added back, Melville Avenue abandonment, use of the abandoned area, creation of 28-space parking lot, multi-use field; TDM required; conversion of a dormitory into a library, classrooms and offices for a maximum of 385 students (154 middle school and 231 high school by the year 2000), requiring an amendment to exceed 385 students • 2000’s CUPs increased the allowable enrollment to 415 students, implemented TDM program, added basement below the physical arts building (ARB) B. Over eight years of fall and spring TDM program monitoring, Castilleja has demonstrated the school is capable of reducing peak hour trips and maintaining these reductions. Since the monitoring began in 2012, Castilleja has achieved a reduction of 28% of the trips in the morning peak hour. C. In 2013 and 2017, the City began enforcement actions for violations of the 2000 CUP related to enrollment and events, respectively. Castilleja School has worked cooperatively with the City to gradually reduce enrollment and lessen the impact of events on the surrounding neighborhood. D. Project Alternative #4: a. Does not change the campus parcel size, b. Does not increase the degree of nonconformity with respect to maximum lot size within the R- 1(10,000) zone; c. Proposes a replacement academic building to meet the R-1 Zone height limit of 30 feet, whereas the existing 34’8” tall building to be demolished in this location does not meet the R -1 Zone height limit; d. Expands usable (habitable) basement area within the Academic Building, and replaces and slightly reduces existing above ground Gross Floor Area (GFA); e. Demolishes non-historic buildings and proposes site improvements and buildings that would be more compatible than the existing buildings with the residential character of the area, given materials and landscaping relevant to the residential context; i.e., materials, colors, and details would be compatible with the remaining, existing structures on the site such that the overall campus would have a unified and coherent design. f. Further improves the visual character of the site and its compatibility with the surrounding residential neighborhood compared to the existing conditions by: i. reducing the amount of at-grade parking, both on-street and off-street, ii. relocating bus loading and unloading to the Circle. g. Includes pedestrian scale fencing and gates to provide several paths of ingress and egress for students, staff and visitors, including convenient bicycle parking. h. Incorporates elements that meet the City’s sustainability goals, such as rooftop photovoltaics, energy efficiency, and water-use efficiency, in addition to meeting current building and seismic codes; i. Improves compliance with the City’s parking requirements, whereas the existing campus’ on-site automobile parking facilities do not meet the code requirements for on-site parking for private school facilities. The proposed parking facilities will meet the required number of spaces: 104 non-tandem spaces - located in two surface lots (at 13 spaces each) and in one underground parking facility (78 spaces, non-tandem); j. Improves bicycle parking spaces (an increase from 102 spaces to 140 spaces); k. Does not increase the number of peak hour trips with implementation of the Enhanced TDM program and mitigation measures. Traffic to the proposed school will be conducted in an orderly and safe manner, with consequences for noncompliance (including enrollment reductions and CUP revocation); l. Increases the number of daily trips to 114 net new daily trips (after implementation of Mitigation Measure 7a), which does not represent a significant, adverse environmental impact. E. The conditions of approval, mitigation measures and monitoring and reporting program are designed so that: • Development and approval of a preservation protection plan is ensured for each phase of construction so as not to adversely affect nearby eligible cultural resources; • Tree removals/relocations will be limited as per arborist recommendations in 2016 and 2020 reports, and protection measures to ensure survival of trees to remain in place, replacemen t trees, and relocated trees; • The project will meet sustainability requirements and goals (including EV charging stations spaces provided and LEED standard green building); • The enhanced TDM program will be monitored and enforcement measures will ensure le ss than significant impacts to traffic, vehicle circulation, queuing due to student drop offs, school activities and events, and parking requirements met on site with the Project Alternative #4 will address parking spill-over issues, all of which have greatly concerned neighbors in the vicinity of Castilleja School. • The noise from construction and pool activity will be mitigated. • The conditions of approval for the project are intended to address these issues by placing limitations on school hours, the number, frequency, and type of events, and enforcing ongoing performance standards and the TDM program. • Performance standards include the requirement to have a designated point of contact for all complaints, provision of events and construction information, traffic data and reports on the School website, and provision of funds to enable the City to retain a 3rd party to assist the City evaluate, monitor, and enforce compliance with conditions and mitigation measures. • Enforcement of the TDM program and events will be assured, including coordination of the School to troubleshoot issues and handle complaints in a timely manner. Therefore, with implementation of the EIR mitigation measures as outlined in the MMRP and the conditions of project approval, the proposed CUP amendment will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance, in that: The School Use is an existing, Conditionally Permitted use within Palo Alto’s R-1 Zone, consistent with the underlying R-1 (10,000) zoning designation (PAMC Section 18.12, Table 1, Private Educational Facilities are listed as a use allowed with a CUP) and Comprehensive Plan designation of Single Family Residential. The project is consistent with the applicable develop ment of PAMC Chapter 18.12 and parking standards of PAMC Chapter 18.52. Table 4-1: Zoning Ordinance Policy Consistency Analysis Development Standard R-1(10,000) Zoning Existing Property Project Alternative #4 Lot Size 10,000 – 19,999 sf 268,783 sf existing campus 268,783 sf (no change) Maximum Floor Area Ratio 0.45 first 5,000 sf of lot size; 0.30 square footage in excess of 5,000 sf 1310 Bryant existing 0.43 Proposed: 0.42 Maximum Building Height 30 feet standard; 33 feet for buildings with a roof pitch of 12:12 or greater 34 feet 6 inches 30 feet Minimum Setbacks Emerson 20 feet 20 feet 20 feet Kellogg 20 feet 27 feet 9 inches 20 feet Bryant 20 feet 22 feet 20 feet Embarcadero 24 feet 108 feet 6 inches Above grade: 108 feet 6 inches (no change above grade); Below grade meets special setback Maximum site coverage, multiple- story development 35% (100,374 sf) 24.3% (65,273 sf) 25.3% (68,071 sf) Vehicle Parking 2 spaces per middle grade teaching station, 4 spaces per upper grade teaching station 74 104 Bicycle Parking 1 space for every 5 students 95 140 The project conforms to relevant Comprehensive Plan policies cited in the project EIR. The EIR Mitigation Measures are intended to improve upon the existing TDM measures with performance monitoring and enforcement and impose clear special event restrictions; conditions of approval related to the CUP provide additional clarity for operations in a manner that is consistent with the intent and provisions of the Comprehensive Plan and the purposes of the Zoning Ordinance. The underground parking facility is in accord with the Zoning Ordinance because PAMC 18.52.030(g) requires parking to be located on the same site as the use being supported, unless an exception is granted and the project does not propose a residential use and PAMC 18.12.060(e) and 18.12.090(a) do not apply to non-residential uses. The underground parking facility is also supported by Comprehensive Plan Policy 7-5.6 that strongly encourages the use of below-grade or structured parking and explore mechanized parking instead of surface parking for new developments of all types while minimizing negative impacts including on groundwater and landscaping where feasible. The FAR for the project is in accord with the Zoning Ordinance by approval of the Variance pursuant to PAMC Section 18.76.030 and 18.77.060 granted in this Record of Land Use Action. SECTION 7. Variance Findings The following findings for a Variance allowing replacement of existing, above grade gross floor area are made pursuant to PAMC Section 18.76.030 and are subject to the Co nditions of Approval in this Record of Land Use Action. 1. Because of special circumstances applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, the strict application of the requirements and regulations prescribed in this title substantially deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district as the subject property. 14 The Castilleja School campus is found to have special circumstances, in that: • FAR limitations and maximum lot size (19,999 sf) would not support the physical space requirements of a private school and were not created with conditionally permitted private school uses in mind; • The size of the campus (at 268,765 sf) is substantially greater than any other lot in the R- 1(10,000) zone (where most surrounding lots are 8,000 to 12,000 sf) resulting in a maximum floor area ratio that disproportionately constrains the campus compared to neighboring properties; • The extreme disparity in lot sizes is detrimental to Castilleja School; the formula calculates FAR at .45 for the first 5,000 sf and 0.30 for the remaining sf so as properties increase in size, the maximum permitted FAR decreases. While this has a reasonable impact for a lot up to 19,999 sf lot, it significantly constrains development potential on a lot the size of Castilleja School’s. Therefore, strict application of the R1(10,000) development regulations would deprive Castilleja School of privileges enjoyed by other property owners in the R1(10,000) zone and deprived the School of its longstanding historic and permitted use of its property. • There currently exists on the parcel 116,297 square feet of legal, countable, building square footage (gross floor area). 2. The granting of the application shall not affect substantial compliance with the regulations or constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district as the subject property. Except for the requested Floor Area Ratio standard, the Project Alternative #4 complies with all other R-1(10,000) development standards including building height, setbacks, site coverage, open space, and parking requirements. • Whereas the allowable lot coverage for the campus parcel is 110,374 sf (35% of the campus) a total of 72,240 sf of coverage (27% of the campus parcel) is proposed. • Whereas the existing gross floor area on the campus parcel is 116,297 sf (FAR of 0.43:1), a total of 113,667 sf is proposed on the campus (FAR of 0.42:1) which is the new Academic Building at 81,942 sf plus the buildings to be retained, at 31,725 sf. The request is not to increase the gross floor area on campus, but to retain and slightly decrease the existing of above-grade gross floor area, which is most visually impactful on neighboring properties. The School facilities will be modified to provide appropriate programmatic space for learning environments, and for seismic safety. The removal of outdated buildings and reconstruction of gross floor area does not constitute a special privilege. The project would improve the campus open space characteristics, create code-compliant and sustainable buildings with deep roof overhangs and solar shading screens, renewable energy solar panels, high efficiency and noise mitigation glazing, natural lighting via skylights for teaching stations, durable and sustainable siding materials, locally sourced interior finishes, water efficient plumbing fixtures, graywater irrigation, and extensive landscaping. 15 3. The granting of the application is consistent with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. a. As noted in the CUP findings above, EIR Table 4 -1 provides an exhaustive list of the Comprehensive Plan policies relevant to the project review and analysis. As noted in CUP Finding #2: The School Uuse is an existing, Conditionally Permitted use within Palo Alto’s R- 1 Zone, consistent with the underlying R-1 (10,000) zoning designation (PAMC Section 18.12, Table 1, Private Educational Facilities are listed as a use allowed with a CUP) and Comprehensive Plan designation of Single Family Residential. The project is consistent with the applicable development of PAMC Chapter 18.12 and parking standards of PAMC Chapter 18.52. The project conforms to relevant Comprehensive Plan policies cited in the project EIR on Table 4-2 of the final EIR related to Project Alternative #4. The EIR Mitigation Measures are intended to improve upon the existing TDM measures with performance monitoring and enforcement and impose clear special event restrictions; conditions of approval related to the CUP provide additional clarity for operations in a manner that is consistent with the intent and provisions of the Comprehensive Plan and the purposes of the Zoning Ordinance. The underground parking facility is in accord with the Zoning Ordinance because PAMC 18.52.030(g) requires parking to be located on the same site as the use being supported, unless an exception is granted and the project does not propose a residential use and PAMC 18.12.060(e) and 18.12.090(a) do not apply to non-residential uses. The underground parking facility is also supported by Comprehensive Plan Policy 7-5.6 that strongly encourages the use of below-grade or structured parking…instead of surface parking for new developments of all types while minimizing negative impacts including on groundwater and landscaping where feasible. The FAR for the project is in accord with the Zoning Ordinance by approval of the Variance pursuant to PAMC Section 18.76.030 and 18.77.060 granted in this Record of Land Use Action. b. Below-grade non-residential parking facilities are not included in Gross Floor Area (GFA) because, of the defined inclusions and exclusions from GFA in the R-1 zone (PAMC 18.04.030(a)(65)(C) and (D)), they most closely align with the definition of “basement.” i. PAMC 18.04.030 Definitions (15) "Basement" means that portion of a building between the lowest floor and the ceiling above, which is fully below grade or partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. ii. PAMC 18.04.030(a)(65)(D) and 18.12.090(b) provide that basements shall not be included in the calculation of gross floor area. iii. Although Carports and Garages are included in GFA for the R -1 zone, PAMC 18.04.030(a)(24.5) and (59) define carports and garages to be parking facilities accessory to a residential use. 4. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity will not be detrimental to the public health, safety, general welfare, or convenience. 16 The replacement floor area variance would enable construction of a seismically safe building, with a lower GFA and FAR than the existing buildings being removed, designed to be visually compatible with the neighborhood character, with increased open space and provision of all required parking spaces provided on site, and sustainability measures. The variance is associated with a slight reduction in above-grade floor area and modernization of facilities, improving on existing conditions. The location of the Academic Building would allow bus drop-off and pick-ups to move internal to the site, and enable loading, delivery and trash functions to move off City streets and onto the school property below grade, to reduce neighborhood congestion and noise while enhancing neighborhood safety. Mature tree preservation and canopy retention and replacement is prioritized, and site landscaping and fencing is carefully designed for neighborhood compatibility. SECTION 8. Conditions of CUP Approval. Conditions of approval for the Conditional Use Permit for the Disbursed Circulation/Reduced Garage Project Alternative (‘Project Alternative’ #4 in the Environmental Impact Report (EIR)). Alternative #4 includes the reduced and reconfigured below grade parking facility, retains the two residential structures on Emerson Street and the stand of Redwoods next to Spieker Field, utilizes three drop-off /pick-up locations to disburse traffic around the campus. CUP APPROVAL: 1. This conditional use permit incorporates all relevant conditions of approval from prior conditional use permits (00-CUP-23 and 06-PLN-15) and replaces those prior approvals. Upon the effective date of this entitlement, Castilleja School (‘School’) will be governed by this conditional use permit and other related City actions associated with the subject application. 2. The School shall operate in accordance with Project Alternative #4 documented in the project environmental impact report (EIR Alternative #4), as detailed in the administrative record and as modified by these conditions. 3. Any future request by the School to change or modify the CUP conditions of approval shall require a noticed public hearing before the Planning and Transportation Commission and Council action in accordance with PAMC Section 18.77.060 (e) Hearing and Recommendation by the Planning and Transportation Commission. ENROLLMENT: 4. The School may enroll a maximum of 540 students in accordance with the following schedule: a. Student enrollment for the 2020-21 academic year and subsequent years, except as modified below, shall not exceed the current enrollment of 426 students. b. Upon completion (issuance of a certificate of occupancy) of the non-residential underground parking facility (Phase I), and starting with the next academic year, enrollment may begin to increase up to a maximum of 490 students. c. Upon completion of all project construction (issuan ce of a final certificate of occupancy for all new buildings and facilities) and removal of all portable/temporary 17 modular buildings, enrollment may begin to increase to a maximum 540 students. d. Student enrollment shall not increase by more than 25 students per academic year based on the lesser of the School’s actual or permitted enrollment as documented by the School’s independent auditor. e. No enrollment increase may occur unless the School has achieved the performance standards of Condition #22 for the preceding three reporting periods. For example, the ability to increase enrollment for the 2023-2024 academic year will require review, in early 2023, of one reporting period from the 2022 -2023 academic year and two reporting periods from the 2021-2022 academic year. 5. Prior to March 1st each year, the School shall provide the Director of Planning and Development Services a letter from an independent auditor attesting to the number of students enrolled at the School, at the time of the audit, for that academ ic year. EVENTS: 6. The School may schedule up to a maximum of 74 special events each academic year. A special event is defined as one that includes more than 50 attendees as defined in Mitigation Measure 4a included in the Mitigation Monitoring Reporting Program (MMRP). A special event includes, but is not limited to student performances, showcase or social events; parent group meetings; admission, orientation, alumni and donor events; athletic competitions; celebrations, or other activity that brings parents of enrolled students or non- enrolled students to the campus. A special event does not include individual parent meetings or activity associated with the School’s daily educational programing. Special events are subject to the following additional restrictions: a. Thirty-seven (37) of the maximum allowed special events may exceed 100 attendees, including five (5) major special events that may exceed 500 attendees. b. Inclusive of all special events, the maximum number of weekday evening special events, after 6pm, shall not exceed 32 events. c. Inclusive of all special events, the maximum number of Saturday special events, after 6pm, shall not exceed 5 events. d. No special events are permitted on Sunday. e. No special event during the weekday shall begin prior to 8am, or 9am on Saturday. f. Those special events that extend past 6pm must end by 8pm, except for student performances, dances and major events, which shall end no later than 10pm. g. The School shall minimize the number of special events occurring on consecutive days and, for larger events, occurring on consecutive weekends. h. All special events are subject to the requirements of Mitigation Measure 4a included in the MMRP. i. A list of all special events for the upcoming academic year shall be provided to the Director of Planning and Development Services before school begins and posted on the School’s website for the duration of the academic year. The number of event attendees and applicable parking plan required in Mitigation Measure 4a shall be similarly posted. The purpose of this condition is to provide a reasonable 18 expectation when such events are anticipated and ensure the maximum number of events is not exceeded or occur during restricted hours. Occasional adjustments to the event schedule or minor exceedances to the ending time of an event during the academic year shall not constitute a violation of this condition of approval provided other applicable restrictions are met. j. All special events shall comply with the approved transportation demand management. 7. The Director of Planning and Development Services may approve a request to use the School’s campus by the Palo Alto Unified School District, up to five times per academic year, without the need for a Temporary Use Permit or counting as special event as defined i n Condition #6. The School shall provide traffic management for any such events. This condition is intended to support and encourage continued collaboration between PAUSD and Castilleja in a manner that is minimally intrusive to the Castilleja neighborhood and may allow some of the School’s larger events to occur off campus. The Director may impose conditions deemed necessary to address impacts of PAUSD events on Castilleja campus. Nothing in this condition is intended to preclude the School from applying for a Temporary Use Permit in accordance with Palo Alto Municipal Code section 18.42.050. OPERATIONS-RELATED: 8. Standard School hours are Mondays through Fridays 7am to 6pm. Co-curricular programming involving fewer than 50 students and confined to indoor spaces may occur outside of these hours. 9. Summer school programs shall be subject to all conditions and restrictions that apply to school year programs, except that summer use of the playing fields or the pool shall not occur before 9:00am. The School shall provide a minimum one-week student break between the school year and the summer program(s). The School is prohibited from renting or loaning the campus to another summer school program, organization or group provider. The summer enrollment shall be the same level of enrollment as the academic year ending just prior to commencement of the summer school program. 10. Following construction of the Academic Building, all deliveries and bus pickups and drop offs shall be accomplished within the below grade parking garage or designated pickup/drop off areas on campus accessed from the driveway from Kellogg Avenue. 11. Removal of the temporary campus on Spieker Field shall commence within six months of the City’s issuance of a final occupancy permit for the Academic Building. 12. At all times the School shall comply with the City’s Noise Ordinance. Except for swimming pool-related activity, which is subject to Mitigation Measure 8b, and emergencies, including drills, no outdoor amplified sound equipment shall be used on the campus without 19 approval of a noise exception permit from the City. For the purposes of this permit, “amplified sound equipment” includes bull horns, air horns, loudspeakers, or similar noise- generating equipment. Amplified outdoor sound associated with the swimming pool shall be prohibited between 8pm and 7am. The School shall take reasonable efforts to mitigate School-related noise complaints from nearby residents. If noise complaints are not satisfactorily resolved, the Director of Planning and Development Services may require the placement of noise monitors to collect data and determine compliance with this condition. Any consultant costs, installation, monitoring or remedial action and staff time required to address noise-related complaints shall be paid for by the School. The School is also subject to requirements of Mitigation Measure 8a and 8b related to construction and pool use. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City. 13. The School’s adjacent Emerson Street residential properties shall not be used for any School related purpose, including but not limited to, additional parking, storage or staging of materials or equipment, deliveries or student pick-up or drop-off. These parcels do not have City approval for use or activity supporting the School and are limited to residential and accessory uses customarily incidental to single family residential uses. 14. Outdoor athletic practices and games shall be limited to daylight hours only. No field lighting shall be installed. This does not preclude lighting for safety, landscaping and pathways approved by the City. 15. The following restrictions apply to the School’s gym operations in accordance with prior City approvals: a. Activities are not permitted in the lower basement level of the Physical Arts Building that would cause the number of occupants to exceed 500. b. Ventilation equipment for the gym is not to be operational from 9 pm to 6 am. However, the ventilation equipment may be operational until 10 pm when the gym is used for evening events as listed on the School’s event calendar. COMMUNITY ENGAGEMENT: 16. The School is required to provide the following information on its website to serve as a resource to nearby residents and provide access to certain documents and information. This information shall be posted on the school website prior to the start of the 2021 -2022 academic year and updated annually prior to the start of each academic year to include the following: a. A signed copy of the Record of Land Use Action authorizing the School’s use and expansion project along with the mitigation monitoring and reporting program and 20 transportation demand management plan. b. A list of all planned special events in accordance with Condition #6. c. Information on the maximum number of students authorized by this conditional use permit and the actual student enrollment figures for each academic year as soon as they are available, but no later than November 1 each year. Prior to March 1st each year, the School shall post the findings of an independent auditor attesting to the number of enrolled students for that academic year as required by Condition #5. d. All monitoring and reporting documents required by these conditions of approval, including but not limited to transportation demand management program monitoring reports and the annual landscape maintenance contract (Mitigation Measure 7b). e. The School shall provide regular construction updates to inform nearby residents of the status, schedule and upcoming construction activity, information on lane closures, when heavy truck traffic is expected or use or particularly noisy equipment or vibration causing equipment. The website shall include an opportunity for the public to opt-in to receive twice monthly construction news updates by email. 17. Commencing prior to the 2021-2022 academic year, the School shall establish and maintain a dedicated phone number to be answered by someone affiliated with the School who will immediately respond to complaints regarding noise, special events, academic competitions, traffic and parking or other neighborhood disturbances. Prior to the start of each academic year, the School shall send notice to all property owners and tenants within 600 feet of the School’s property boundaries informing occupants of this dedicated phone number and a link to find these conditions of approval on the School’s website. 18. The School shall host regular neighborhood meetings to report on school operations, receive feedback, and attempt to problem solve any identified issues. A minimum of two meetings shall be scheduled each academic year, one in the fall semester and another in the spring semester. The School shall provide a summary of the topics discussed and any follow up action to Director of Planning and Development Services staff within 30 days of the meeting. 19. The School shall communicate with the parents of enrolled students the r ules and expectations of the School and these conditions of approval. The School shall distribute a transportation and parking handbook that institutionalizes and encourages good neighbor parking and driving behavior detailed in Condition 25. TRANSPORTATION DEMAND MANAGEMENT: 20. Sixty (60) days following the effective date of the Council’s action on this application, the School shall prepare a complete transportation demand management (TDM) plan that compiles all applicable transportation-related requirements of this Record of Land Use 21 Action into a cohesive, well-organized and indexed document. The TDM plan shall be submitted to the Director of Planning and Development Services for approval. The intent of the TDM plan is to reduce vehicle trips to, and parking demand at, the school for the purpose of minimizing School-related disruptions and intrusions into the nearby residential neighborhoods. The TDM plan shall also serve as a publicly available resource to inform interested residents of the School’s transportation-related expectations and requirements and, therefore, may include performance standards or operational conditions of approval not typically associated with a TDM plan. As required below, the TDM plan shall incorporate requirements from several source documents. The TDM plan required by this condition does not need to be a verbatim restatement of the transportation management requirements but shall include specific performance measures and criteria where appropriate and generally document the implementation strategies to effectuate the intent of these provisions. Where a dispute between the City and School is unresolved regarding implementation of this condition, the Director shall schedule a hearing before the Planning and Transportation Commission for a recommended resolution to the City Council. The TDM plan shall apply to the 2021-2022 academic school year and every year thereafter. 21. The TDM plan shall incorporate all transportation -related provisions from the following source documents: a. All components of the School’s current transportation demand management plan (on file with the City of Palo Alto), including but not limited to: implementation of an incentive program for faculty, staff and students for carpooling and using alternative means of transportation; annually posting and reporting on special events; and, bi-annual communications with parents reminding them of the importance/purpose of the School’s TDM strategies. b. All applicable Mitigation Measures from the Certified Final EIR and particularly Mitigation Measures 4a and 7a (on file with the City of Palo Alto and attached to this document). c. All applicable conditions included in this Record of Land Use Action. d. Reference to applicable sections of the Palo Alto Municipal Code regarding TDM programs, monitoring, reporting and penalties. e. The TDM supplement submitted by the applicant and prepared by the transportation firm Nelson Nygaard, dated June 17, 2019, which includes updated monitoring report requirements and introduces new TDM strategies (on file with the City of Palo Alto and temporarily available online: https://www.cityofpaloalto.org/civicax/filebank/documents/77808 ). 22. The following additional performance measures and requirements shall be incorporated into the TDM Plan: a. Average Daily Trips (ADT) Standard: The School’s Average Daily Trips (ADT) shall not exceed 1198 trips. b. Data from permanent driveway counters placed at all entrance and exit driveways 22 will be used to calculate ADT. Refer to condition 24 regarding the monitoring report for the ways ADT shall be calculated. A violation of the ADT target occurs when one of the ADT measures using driveway counts exceeds the trip target. c. AM Peak Trips Standard: The School’s AM Peak trips shall not exceed 383 trips. d. Data from permanent driveway counters placed at all entrance and exit driveways will be used to calculate AM Peak Trips. Refer to condition 24 regarding the monitoring report for the ways ADT shall be calculated. A violation of the AM Peak Trips target occurs when one of the AM Peak Trips measures using driveway counts exceeds the trip target. e. The School shall install permanent vehicle counter devices at the entrance/exit of all drop off locations on campus, surface parking lots, and the subterranean garage to count the number of vehicle trips arriving to the campus and exiting each day. The data collected by these devices shall be provided to the City at the end of each month showing the unmodified counts for every 15-minute interval from each location. The School will preserve count data electronically for a period not less than three years. The vehicle counting devices shall be kept in working order. Malfunctioning devices shall be promptly fixed. A device that is out of order or provides inaccurate data for more than 10 consecutive days shall be considered a violation of this condition. It is the intent of this condition to also record vehicle trips during the construction phase of the project. f. The School shall provide real time driveway counter data to the City, as directed by the Director or the Office of Transportation. g. The School, in consultation with the Director of Planning and Development Services, shall install temporary vehicle counter devices in the public right of way at locations determined by the Director for each TDM monitoring report required by these conditions of approval. Data shall be collected for no less than seven (7) consecutive days, determined by the Director, for each reporting period. The data collected by the counters shall be included in the TDM monitoring reports and used for ongoing monitoring and not to determine a violation of this conditional use permit. However, the data collected may inform future action regarding possible adjustments to the TDM plan to further minimize neighborhood traffic impacts. h. The School shall provide roundtrip shuttle service to appropriate Caltrain stations that coincide with the School’s arrival and dismissal schedule and available to students, faculty and staff. The School shall determine the appropriate frequency of roundtrip shuttle service to maximize this incentive, but no less than two roundtrips for each schedule shall be provided. 23 i. The School’s TDM plan shall apply to special events. In addition, the School shall provide roundtrip shuttle service for all special events to encourage participants to use transit or a park and ride service. The shuttle pickup/drop off location(s) and schedule shall be included with other event information shared with potential attendees and shall also include a parking plan for each special event. j. The School shall routinely monitor and reassess drop-off/pick-up assignments to balance traffic flows in accordance with the expectations set forth in the Mitigation Monitoring and Reporting Plan. The actual and target distribution percentages shall be included in TDM monitoring reports. 23. Notwithstanding Palo Alto Municipal Code Section 18.52.050 (d) (1), TDM monitorin g reports shall be prepared by the School and submitted to the Director of Planning and Development Services three times per academic year until the school has reached, or approximately reached, maximum enrollment for two consecutive years and has consistently met the peak hour and daily trip rate standards required by these conditions. At that time, only two monitoring reports per year shall be required. After 15 years of monitoring, the Planning and Transportation Commission shall review whether this condition is still necessary. Monitoring reports shall be provided to the City in accordance with the following schedule: a. Reporting Three Times / Year i. Report due by January 15 and covers the academic period from August through November. ii. Report due by May 15 and covers the academic period from December through March. iii. Report due by September 15 and covers the academic period from April through July. b. Reporting Twice / Year iv. Report due by February 15 and covers the period from July through December. v. Report due by August 1 and covers the academic period from January through June. 24. Required TDM monitoring reports shall include the following components: a. Describe in full the requirements of the recurring Monitoring Report, including TDM Plan goals and performance measure targets and data collected. b. Include the following data and metrics: i. driveway volume counts by 15-minute increments (raw counter data); ii. the total average weekday AM peak trips and average weekday daily trips for the monitoring period, excluding special event dates; iii. the total average daily weekday trips and AM weekday peak trips during the weeks the campus frontage street segments are evaluated by the City; 24 iv. the average daily weekday traffic volumes on the campus frontage City street segments (except Embarcadero) per these conditions – raw data to provided by the City according to the reporting schedule; v. the dates and number of times the average weekday daily trips and/or AM weekday peak trips exceeded AM weekday peak and/or ADT exceedance threshold, including any special, limited circumstances such as trips during construction; vi. rates of use of alternative transportation (% of mode split between bicycle, pedestrian, shuttles, etc.); vii. parking conditions (number of spaces within the garage used, number of spaces within surface lots used, extent (counts) of on-street parking adjacent to the school and in the expanded parking study area); viii. bicycle parking counts (supply and demand) and dates, times, & attendance of bicycle repair clinics. ix. student drop-off/pick-up location counts and percentages by driveway. x. an electronically transmitted appendix to the report containing the raw data from the driveway counting devices for the monitoring period. c. Describe how and where counts were conducted. Describe any off-site data collected by an independent traffic engineering company. d. Driveway Counting Device: Describe installation, calibration methods, function and proposed maintenance of permanent traffic counting devices. Describe how records of traffic counts are to be preserved electronically and frequency of posting of this data to the School’s website for accessibility to City officials and the public. e. Include a detailed explanation of the pick-up and drop-off process as well as target pick-up/drop-off distribution percentages. f. Include the number of daily (while school is in session) onsite traffic attendants. g. Describe the use of traffic safety warning devices. h. Provide a map of each parking study area, and description of methodology employed to capture off-campus parking. i. Describe on and off campus Parking Management Strategies, Traffic Circulation Management Strategies and Event Traffic Procedures. j. Identify scope and breadth of TDM measures utilized (i.e. programs that encourages walking/biking/transit, Auto trip reduction strategies, etc.). k. Describe other programs provided by the school in detail (i.e. organized vans, shuttles, transit subsidies) and how the mode split data was collected (survey, website, etc.). l. Provide the number of enrolled students for the period covered by the report. m. List the dates of special events that occurred in the period covered by the report, including times, attendance, and parking/traffic management efforts and results. n. Provide copies of mailings to families regarding the parking/traffic/pick-up/drop-off policy, including traffic management for special events. o. Include a list of disciplinary consequences for students and parents who do not cooperate with the parking requirements 25 p. Provide the TDM Monitoring Report in a simplified, easy to read compliance review matrix format. q. In addition to the TDM Monitoring Report, the School shall provide real time driveway counter data to the City, as directed by the Director or the Office of Transportation. 25. The School shall update its transportation and parking handbook and distribute it annually to the parents of enrolled students in advance of the upcoming academic year. The handbook shall be incorporated into the Castilleja School long range planning efforts and made part of the Board Policies and Procedures Manual. The handbook shall include the following policies and any applicable provisions from these conditions of approval: a. At the beginning of each school year an updated parking/traffic/pick-up/drop-off policy shall be communicated to parents to remind them of the importance of the Parking and Traffic policy. Regular newsletters to parents will include a TDM section with any relevant updates: i. Parents shall be instructed not to double-park on street nor drop-off or pick- up students in undesignated areas. ii. Traffic monitors will direct cars to maintain a constant flow of traffic to avoid queueing on public streets. iii. Parents shall be instructed not to make left turns in or out of driveways at peak times. Signs shall be posted to indicate these turning rules. iv. Castilleja School shall continue to provide traffic monitors during peak drop- off, pick-up and for special events. The traffic monitors shall educate students and parents and enforce the circulation related conditions of approval to keep surrounding streets clear of congestion. Traffic monitors will be identified by wearing a highly visible safety vest. v. Once per day, School personnel shall monitor parking onsite and on surrounding public streets. The School shall notify any violators that they must move their car(s). vi. Castilleja students, faculty, staff, and parents shall be instructed to park exclusively either on campus, at designated off-site lots made available for School use, or on the School side of adjacent streets where parking is permitted. Daily monitoring of parking shall be conducted, and offenders shall be instructed where to park. vii. The School shall develop clear disciplinary consequences for students and parents who do not cooperate with the parking requirements. viii. Oversight for the Transportation Demand Management Plan shall be the responsibility of the Head of School. Other staff may be assigned responsibilities regarding the daily operation and enforcement of the plan. As the designated person or persons could change each year as job responsibilities are redefined, at the beginning of each year Castilleja shall provide neighbors and the City of Palo Alto with a list of individual contacts 26 with emails and phone numbers. Head of School shall ensure all personnel fully understand and are trained to complete their responsibilities: A log shall be kept of all communication (i.e. email, telephone calls) and the expressed concerns which are received. School staff shall review the log for trends and respond to remedy any problems. If any neighbor feels their concern was not properly responded to, they should contact the number the School publishes for complaints (condition #19). ix. At the beginning of every school year Castilleja shall set aside scheduled time for all faculty and staff to register their cars, receive an I.D. tag and review the traffic and parking policies. x. At the beginning of each semester Castilleja shall register all student cars, distribute I.D. tags, and review the traffic and parking policies with student drivers. xi. For special events, Castilleja School shall utilize the area on Spieker Field for overflow parking, as needed. xii. Castilleja shall continue its major transportation campaign with families to emphasize carpools and use of Castilleja buses and shuttles, Caltrain and other alternative means of transportation. Every Castilleja family shall receive information promoting carpooling and providing information to facilitate car/vanpooling in their immediate geographic area. xiii. Castilleja shall experiment with a plan for an assigned parking program with designated areas for certain types of parking (i.e. student, employee, visitor). xiv. Castilleja shall designate a Visitor Parking Zone in the area of the Administration Building. Visitors shall register in the Administration Building. At that time, they shall be asked where they are parked and redirected to the visitor's zones if necessary. xv. Castilleja will continue to review its event calendaring process and develop procedures to more strategically plan school functions and their placement on the calendar so that functions with more than 100 attendees coming to campus do not become bunched on consecutive nights or weekends. xvi. Castilleja has five major events each year (a start of year ceremony, back to school night, a community building event, Founder's Day Luncheon, and Baccalaureate/Graduation) that will bring almost all students and parents to the Castilleja Campus. For these occasions Castilleja shall provide traffic monitors to make sure that all vehicles park legally and safely on all street parking. Castilleja shall maximize all on-site parking and use tandem parking whenever feasible. Shuttles to Caltrain shall operate so that guests may attend without bringing a car to the campus area, and the shuttle schedule shall be published along with the parking plan for these events. A complete list of these events including date, time of event and number of expected attendees shall be published annually and distributed to neighbors and the City of Palo Alto. 27 xvii. The School shall review the parking/traffic requirements of each event and develop appropriate parking and shuttle service to Caltrain. Parking instructions and Caltrain shuttle schedules shall be included in event notifications. Castilleja shall provide traffic monitors for these events and shall direct as much traffic as possible onto the school site, using assisted tandem parking, allowing students to use all lots after hours, using the day- time loading zones for parking, and utilizing all resources to minimize impact to street parking. For certain events as needed, Castilleja shall make every effort to arrange off-site parking with nearby parking lots and provide shuttle service to the parking locations using school vehicles to transport people to and from the school. The availability of these lots is dependent on events and cooperation from lot owners. xviii. For School committee meetings which bring volunteers to the campus, Castilleja shall coordinate a parking plan and shuttle schedule that will be communicated to all committee members. At the beginning of meetings, a reminder of parking policies shall be announced to all attendees. Anyone not following the policy shall be requested to move their car. When meeting notices are sent to committee members, a parking reminder and shuttle schedule shall be included. xix. Castilleja shall give all summer camp families Castilleja written instructions for a drop-off/pick-up procedure at the beginning of each camp session. Drop- off and pick-up shall be conducted on-site. Castilleja personnel shall facilitate getting campers into vehicles and ensure all policies are followed. It shall be the responsibility of the Director of Summer Camp to enforce the policies with parents. xx. Parents shall be instructed to move out of the driveway if their daughter is not at the pick-up location and others are waiting. xxi. Castilleja School shall develop a comprehensive incentive program for faculty, staff, and students for carpooling and using alternative means of transportation 26. After implementation of the TDM Plan, the Director of Planning and Development Services may, based on empirical data or other information that would reasonably impact the effective of the TDM plan, determine that one or more of the above TDM strategies has become infeasible or ineffective. Upon such determination, the School shall propose an alternative measure(s) in consultation with the Director to achieve the intended performance of the replaced strategy or strategies. 27. From time to time, the City may require supplemental traffic counts or studies to be funded by the School to assess and possibly redistribute student drop-off/pickup to further limit impacts on surrounding streets. ENFORCEMENT, COMPLIANCE AND REPORTING 28 28. These Conditions of Approval (COAs) incorporate the Mitigation Monitoring and Reporting Program (MMRP), attached hereto, based on the 2019-2020 Environmental Impact Report (EIR) analysis prepared for the Castilleja School project. These COAs and the MMRP are in compliance with Section 15097 of the California Environmental Quality Act (CEQA) Guidelines, which requires that the Lead Agency “adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects.” These COAs and the MMRP list mitigation measures recommended in the project Final EIR dated July 30, 2020 and identify mitigation monitoring requirements. In addition, the City’s Standard Conditions of Approval were identified in the Draft EIR as measures that would minimize potential adverse effects that could result from implementation of the project. This Record of Land Use Action ensures the approval conditions are clear to enable City staff oversight, monitoring and enforcement. All mitigation measures and Conditions of Approval identified in the 2020 CEQA Analysis are included herein. To the extent that there is any inconsistency between the COA and Mitigation Measures, the more restrictive conditions shall govern; to the extent any mitigation measures and/or COA identified in the 2020 CEQA document were inadvertently omitted, they are automatically incorporated herein by reference. 29. Upon written notice from the City of Palo Alto, increases to student enrollment may be suspended and/or reduction required when the School is found to be in violation of any conditions of approval, including but not limited to the approved transportation demand management plan, anticipated student drop off distribution, or environmental mitigation measures, subject to the following criteria: a. Following initial notice of a violation, the School shall be given 45 days to take corrective action and demonstrate compliance to avoid a suspension in enrollment. b. Any determination to reduce or suspend increases in enrollment from the Director of Planning and Development Services shall be made within 60 days of the initial notice. This determination may be appealed in writing within 14 days, in accordance with PAMC Chapter 18.78 and subject to applicable fees. c. A final determination to suspend increases to or reduce enrollment made after the start of the academic year and prior to March 1 shall apply to the next academic year. Final determinations made on or after March 1 but before the start of the next academic year shall apply to the following academic year regardless of whether the School has remedied any violation(s) that were the cause of the suspended enrollment. The term final determination used in this context includes the time to process an appeal, if filed. d. Violations of Average Daily Trips (ADT) and AM Peak trips performance standards may also be enforced pursuant to Mitigation Measure 7a and Conditions of Approval #4 and #35. 30. Violation of any term, condition or Mitigation Measure relating to the approvals is unlawful, prohibited, and a violation of the Palo Alto Municipal Code pursuant to PAMC Section 18.01.080. The City of Palo Alto reserves the right to initiate civil an d/or criminal 29 enforcement and/or abatement proceedings, or after notice and public hearing, to revoke the Approvals or alter these conditions/mitigation measures if it is found that there is violation of any of the conditions/ mitigation measures or the provisions of the Municipal Code, or the project operates as or causes a public nuisance. This provision is not intended to, nor does it, limit in any manner whatsoever the ability of the City to take appropriate enforcement actions, including but not limited to the imposition of administrative financial penalties. The project applicant shall be responsible for paying fees in accordance with the City’s Municipal Fee Schedule for inspections conducted by the City or a City-designated third-party to investigate alleged violations of the conditions of approval. 31. The School shall deposit $15,000 with the City of Palo Alto to cover all City costs associated with periodic review of the school’s compliance with these conditions of approval, the cost of the City’s consultant review of School-generated technical reports required by these conditions (including reports analyzing raw traffic data in accordance with these conditions), and handling of community complaints of alleged violations. The deposit amount shall be replenished within 30 days after receiving notice from the City that deposit balance is $5,000 or less. 32. Before the start of each academic year, the School shall fund the City’s installation of temporary vehicle traffic counter devices, for each TDM plan monitoring report required by these conditions for the corresponding academic year. The counting devices shall be placed on street segments identified in MM7a (Emerson, Bryant, and Kellogg). After 15 years of monitoring, the Planning and Transportation Commission shall review whether this condition is still necessary. 33. Prior to issuance of a building permit, the School shall deposit funds with the City of Palo Alto in the amount provided on the City’s municipal fee schedule to cover the full costs of independent technical review, monitoring and inspection to ensure compl iance with the Mitigation Monitoring and Reporting Program. 34. Reserved. 35. In addition to the enforcement measures contained in Mitigation Measure 7a and conditions #28-30, the School shall be subject to the following for violation of conditions #21-24: a. During the construction period, violation of the AM Peak or ADT thresholds provided in Condition #22 shall be subject to the following schedule: i. For each of the first two consecutive reporting periods where the AM Peak or ADT thresholds are exceeded, additional TDM measures shall be required; ii. If there are three consecutive reporting periods (and for each consecutive violation thereafter) during which AM Peak or ADT thresholds are exceeded, 30 the Director shall scale back the student enrollment level until the TDM program is operating in compliance with the targets; in the event the Director reduces the enrollment level, the enrollment level cannot be increased until the School is successful in meeting the targets for two consecutive reporting periods. iii. Construction trips shall be excluded from the trip counts for AM Peak and ADT. b. Violation of TDM program requirements or transportation conditions other than AM Peak and ADT thresholds may result in penalties as provided in Conditions #28 -30. INDEMNIFICATION/SEVERABILITY: 36. To the extent permitted by law, the School shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 37. Approval of the project would not have been granted but for the applicability and validity of each and every one of the specified conditions and/or mitigations, and if one or more of such conditions and/or mitigations is found to be invalid by a court of competent jurisdiction this approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the same purpose and intent of such approval. SECTION 9. Conditions of AR Approval. PLANNING AND DEVELOPMENT SERVICES ARCHITECTURAL REVIEW APPROVAL CONDITIONS 1. ARCHITECTURAL REVIEW: Any exterior modifications to the building or property shall require submittal of an application for Architectural Review, including for any new signs. The following items are subject to Subcommittee Review prior to submittal of Building Permit applications: a. An HRB Subcommittee shall review final designs for the exit stair on the Gunn Building. b. An ARB Subcommittee shall review the final design for placement of rooftop equipment. c. The ARB Subcommittee, comprised of two ARB members, shall review these details: i. Green tile patterning detail – including the tile size and how tile pattern will be implemented; ii. Detail of the cap on the Kellogg shingled wall – to show how this will be finished; iii. A larger scale cut sheet of landscape lights on Kellogg Avenue; iv. Consideration for adding transparent sound barrier (panel) at Kellogg balcony per acoustician’s recommendation to achieve a 5 dB reduction, describing projected sound mediation; 31 v. A small level of additional study of the basement lighting using walkable light wells/skylight; vi. Full scale interior courtyard façade elevations – scale @ 1/18” on reduced size paper. Include in drawings shingle/band covering over sheer wall shown at hearing; vii. Detail of work near Tree #89 to reconfigure staircase as per the proposed arborist recommendation. 2.TREE PROTECTION, REMOVAL AND RELOCATION: All but three of the existing street trees shall be protected during construction (street trees 53, 66, and 57 are proposed for removal). Two protected trees (trees 6 and 13) are to be relocated. The tree protection measures must be approved by the City of Palo Alto Urban Forester and shall be in place prior to any demolition or construction. The School shall comply with Mitigation Measure 4b, which requires that, prior to the issuance of demolition, grading, and/or building permits for each construction phase, the School submit to the City’s Urban Forester a Tree Protection and Preservation Plan meeting the requirements of the Tree Technical Manual Sections 2.10 and 6.30 and the specific requirements of Mitigation Measure 4b. • Protected trees 140 and 155 identified in the tree list as updated in 2020 https://www.cityofpaloalto.org/civicax/filebank/documents/78617 and located within the parcel’s building area as defined in PAMC Chapter 8.10, may be removed as part of this approval pursuant to PAMC 8.10.050(b)(2). Protected tree 102 shall protected to the maximum extent feasible and its removal, if required, shall be subject to the provisions of these conditions. • The School shall provide justification to the Urban Forester with any request to remove protected trees. If the Urban Forester determines any tree is unlikely to survive the construction process, and therefore meets allowances of Palo Alto Municipal Code, Section 8.10.050 (b), a tree removal permit may be issued to the School, with the associated mitigations previously identified in Mitigation measure 4b. • The School shall follow the recommendations related to the most recent tree protection plan dated August 28, 2020 https://www.cityofpaloalto.org/civicax/filebank/documents/78616 . This plan includes specific measures for irrigation for all trees to be preserved, for excavation for utilities, for reporting damage to trees, for root buffer in locations where work is done inside the tree protection zone, for installation of fencing warning signs, for tree pruning, and to ensure: a. the scheduling of demolition inside any tree protection zone shall occur well in advance so that the project arborist can be present. Demolition within the tree protection zone as required by these conditions shall not occur without the project arborist being present on site. b. the project arborist shall remain on site during the excavation of the first five feet of soil for the new Garage near Trees # 115-120 to confirm any cut roots two inches in diameter or larger are sealed and the stub ends are cut cleanly and sealed to prevent desiccation. c. use of a “Soil Nail Wall” for the wall nearest Trees # 115-120; as such, an over cut would not be required. 32 d. the face of the soil cut meets the following minimum distances: i. protect Redwoods #115-120 with a 12-foot excavation setback from trunk bark, ii. protect Coast Live Oak #113 with an 18-foot excavation setback from trunk bark, iii. protect tree #126 with a 15-foot excavation setback from trunk bark, iv. protect trees #123, #124 with an 11-foot excavation setback from the trunk bark, v. protect tree #157 with a 12-foot excavation setback from the trunk bark, vi. protect tree #122 with a 15-foot excavation setback from the trunk bark, vii. protect tree #137 with a 4-foot excavation setback from the trunk bark. e. protection of tree #89 during demolition of pavement, during which time the project arborist shall remain on site; further, the School shall adhere to recommendations for tree #89 in the September 4, 2020 project landscape architect memo https://www.cityofpaloalto.org/civicax/filebank/documents/78331 including: i. reconfiguring the stairwell down to the pool with a switch back, to minimize excavation within 20’ of the trunk, ii. providing irrigation over the entire root zone during construction, iii. constructing the transformer pad and DG paving on top of existing grades with minimal subgrade compaction, and iv. placing utility line boring under roots at a minimal depth of 48” to protect the root zone or “Air Spading” the utility line at the proposed location. OFFICE OF TRANSPORTATION ARCHITECTURAL REVIEW CONDITION 3. Compliance with the following shall be verified prior to the issuance of a building permit: a. Include a product specification for the long and short-term bicycle parking fixtures. Ensure proposed products meet performance criteria listed in Chapter 18.54. b. An eight-foot wide, shared-use path for bicycles and pedestrians shall be provided alongside the gym, chapel, administration building, and Bryant drop off driveway The School shall provide signs and pavement markings on the shared-use path to guide the bicyclists as they enter and exit the shared-use path. Proper signage and monitoring shall be provided to keep bicyclists and pedestrians separated from the vehicle circulation path. c. School employees shall constantly monitor the parking garage operations during peak hours. The School shall add traffic control and safety signs to guide visitors and to enable smooth and safe site circulation. Traffic control and safety signs shall include, but not be limited to, Stop or Yield sign, pavement marking, shared-use path sign, and marking, speed limit sign, traffic direction sign, drop-off/pick-up area markings. PUBLIC WORKS ENGINEERING CONDITIONS OF APPROVAL The following comments are required to be addressed prior to any future related permit application and are not required to be addressed prior to the Planning entitlement approval: 4. STORM WATER TREATMENT: This project shall comply with the storm water regulations contained in provision C.3 of the NPDES municipal storm water discharge permit issued by the San Francisco Bay Regional Water Quality Control Board (and incorporated into Palo Alto Municipal 33 Code Chapter 16.11). In order to address the potential permanent impacts of the project on storm water quality, the School shall implement the proposed set of permanent site design measures, source controls, and treatment controls that serve to protect storm water quality, subject to final approval of the Public Works Department. The School shall include with the Building Permit application the C3 data form signed and stamped by the third party (which prepared this form previously for the Planning Entitlement). The School shall include in Building Permit Plans, the size, design and incorporate permanent storm water pollution prevention measures (landscape-based treatment controls such as bioswales, filter strips, and permeable pavement) to treat the runoff from a “water quality storm” specified in PAMC Chapter 16.11 prior to discharge to the municipal storm drain system. 5. Reserved. 6. LOGISTICS PLAN: The School’s contractor shall submit a logistics plan to the Public Works Department prior to building permit demolition. In addition, the School shall provide a proposed schedule to accompany all logistics plans at each phase on construction prior to th e start of construction. The logistics plan requires review by PDS director and Chief Transportation Official as well as PW director. The Plan shall include consideration of the Bryant Bike Boulevard and student circulation on the campus during construction. Special consideration is needed to ensure construction traffic does not interfere / interact with students arriving / leaving the site. The City has the authority to amend / modify logistics plans as needed to address neighborhood impacts or address public safety concerns. All construction staging is taking place on site. The logistics plans must address all impacts to the City’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contract or’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact, noticing of affected businesses, and schedule of work. Plans shall include the following, but not limited to, construction fence, construction entrance and exit, stockpile areas, equipment and material storage area, workers parking area, construction office trailer, temporary bathroom, measures for dewatering if needed, crane location, working hours, contractor’s contact information, truck traffic route, setbacks from environmentally sensitive areas, erosion and sediment control measures to be implemented during construction. 7. EROSION CONTROL PLANS: The School shall submit multiple erosion control plans to adequately demonstrate erosion control for each construction phase. Each phase shall require separate C.3 certification if permits are not issued concurrently. 8. STORM WATER HYDRAULICS AND HYDROLOGY: The School shall provide an analysis that compares the existing and proposed site runoff from the project site. Runoff shall be based on City of Palo Alto Drainage Design Standards for 10-year storm event with HGL’s 0.5 foot below inlet grates elevations and 100-year storm with HGL not exceeding the street right -of-way. Please provide the tabulated calculations directly on the conceptual grading and drainage plan. This project may be required to replace and upsize the existing storm drain system to handle the added flows and/or depending on the current pipe condition. The IDF tables and Precipitation Map for 34 Palo Alto is available County of Santa Clara County Drainage Manual dated October 2007. The proposed project shall not increase runoff to the public storm drain system. 9.STORM WATER TREATMENT: At the time the School installs the required storm water treatment measures, and prior to the issuance of any occupancy permit, a third -party reviewer shall also submit to the City a certification for approval that the project’s permanent measures were constructed and installed in accordance to the approved permit drawings. 10. STORM WATER POLLUTION PREVENTION: The School shall include the City's full-sized "Pollution Prevention - It's Part of the Plan" sheet in the Building Permit plan set. The sheet is available here: http://www.cityofpaloalto.org/civicax/filebank/documents/2732 11. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the School will be required to comply with the State of California’s General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site -specific storm water pollution prevention plan (SWPPP) that addresses both construction-stage and post-construction BMP’s for storm water quality protection. Provide the WDID # directly on the Grading and Drainage Plan. 12. STORMWATER MAINTENANCE AGREEMENT: The School shall designate a party to maintain the control measures for the life of the improvements and must enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to the Grading or Building permit issuance. The City will inspect the treatment measures yearly and charge an inspection fee. 13. CONNECTION INTO THE CITY STORM SYSTEM. The School is proposing a direct connection into the City storm system, and therefore will be required to provide a video of that storm lateral and main to demonstrate that the storm line is in good condition. Any repairs or replacements required shall be completed by this project applicant. 14. DEMOLITION PLAN: The School shall place the following note adjacent to any affected tree on the Site Plan and Demolition Plan: “Excavation activities associated with the proposed scope of work shall occur no closer than 10-feet from the existing street tree, or as approved by the Urban Forestry Division contact 650-496-5953. Any changes shall be approved by the same”. 15. SIDEWALK, CURB & GUTTER: As part of this project, the School must replace all existing sidewalk, curbs, gutters and driveway approaches in the public right-of-way along the frontages of the property. The site plan submitted with the building permit plan set must show the extent of the replacement work (at a minimum all curb and gutter and sidewalk along the project frontage). The plan must note that any work in the right-of-way must be done per Public Works’ standards by a licensed contractor who must first obtain a Street Work Permit from Public Works at the Development Center. 35 16. STREET TREES: The School may be required to replace existing and/or add new street trees in the public right-of-way along the property’s frontage(s). Call the Public Works’ arborist at 650-496- 5953 to arrange a site visit so he can determine what street tree work, if any, will be required for this project. The site plan submitted with the building permit plan set must show the street tree work that the arborist has determined, including the tree species, size, location, staking and irrigation requirements, or include a note that Public Works’ arborist has determined no street tree work is required. The plan must note that in order to do street tree work, the School must first obtain a Permit for Street Tree Work in the Public Right-of-Way from Public Works’ arborist (650- 496-5953). 17. GRADING PERMIT: The School shall provide a site plan that includes an earthworks table showing cut and fill volumes. An application and plans for a grading permit are submitted to Public Works separately from the building permit plan set. The application and guidelines are available at the Development Center and on our website. 18. GRADING & DRAINAGE PLAN: The School shall provide a separate Grading and Drainage Plan prepared by a qualified licensed engineer, surveyor or architect. Plan shall be wet -stamped and signed by the same. The Plan shall include the following: existing and proposed spot elevations, earthwork volumes (cut and fill in CY), pad, finished floor, garage elevation, base flood elevation (if applicable) grades along the project conforms, property lines, or back of walk. See PAMC Section 16.28.110 for additional items. Projects that front directly into the public sidewalk, shall include grades at the doors or building entrances. Provide drainage flow arrows to demonstrate positive drainage away from building foundations at minimum of 2% or 5% for 10-feet per 2013 CBC Section 1804.3. Label the downspouts, splash-blocks (2-feet long min) and any site drainage features such as swales, area drains, bubble-up locations. Include grate elevations, low points and grade breaks. Provide dimensions between the bubblers and property lines. In no case shall drainage across property lines exceed that which existed prior to grading per 2013 CBC Section J109.4. In particular, runoff from the new garage shall not drain into neighboring property. For additional grading and drainage detail design, see Grading and Drainage Plan Guidelines for Residential Development. http://www.cityofpaloalto.org/civicax/filebank/documents/2717 19. GROUNDWATER: Due to high groundwater throughout much of the City and Public Works prohibiting the pumping and discharging of groundwater, perforated pipe drainage systems at the exterior of the basement walls or under the slab are not allowed for this site. The School shall provide a drainage system for all exterior basement-level spaces, such as lightwells, patios or stairwells. This system shall consist of a sump, a sump pump, a backflow preventer, and a closed pipe from the pump to a dissipation device onsite at least 10 feet from the property line, such as a bubbler box in a landscaped area, so that water can percolate into the soil and/or sheet flow across the site. The device must not allow stagnant water that could become mosquito habitat. Additionally, the plans must show that exterior basement-level spaces are at least 7-3/4” below any adjacent windowsills or doorsills to minimize the potential for flooding the basement. Public Works 36 recommends a waterproofing consultant be retained to design and inspect the vapor barrier and waterproofing systems for the basement. 20. BASEMENT SHORING: Shoring for the basement excavation, including tiebacks, must not extend onto adjacent private property or into the City right-of-way. 21. DEWATERING: Proposed underground garage excavation may require dewatering during construction. Public Works only allows groundwater drawdown well dewatering. Open pit groundwater dewatering is disallowed. Dewatering is only allowed from April 1 through October 31 due to inadequate capacity in our storm drain system. The geotechnical report for this site must list the highest anticipated groundwater level; if the proposed project will encounter groundwater, the School must provide all required dewatering submittals for Public Works review and approval prior to grading permit issuance. Public Works has dewatering submittal requirements and guidelines available at the Development Center and on our website: http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 22. UTILITIES AND BIO-RETENTION AREAS: Due to maintenance and inspection requirements associated with the bioretention areas, utilities that are not associated with the bio-retention design, shall not be installed within the bio-retention areas. It’s not clear if there are any existing or proposed utilities within the bio-retention areas. Plot and label any existing lines and proposed lines in the Building Permit set to determine if these lines should be relocated or relocate the treatment areas if necessary. 23. WORK IN THE RIGHT-OF-WAY: The Building Permit plans shall clearly indicate any work that is proposed in the public right-of-way, such as sidewalk replacement, driveway approach, or utility laterals. The plans must include notes that the work must be done per City standards and that the contractor performing this work must first obtain a Street Work Permit from Public Works at the Development Center. If a new driveway is in a different location than the existing driveway, then the sidewalk associated with the new driveway must be replaced with a thickened (6” thick instead of the standard 4” thick) section. Additionally, curb cuts and driveway approaches for abandoned driveways must be replaced with new curb, gutter and planter strip. 24. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the School shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. 25. PROPOSED POOL DRAINAGE: The proposed new pool shall drain to sanitary sewer. 26. PAVEMENT: The School shall be required to resurface (grind and overlay) the full street width (curb to curb) on all four project frontages (Embarcadero, Bryant, Emerson, Kellogg). 37 27. ROUGH GRADING PLAN. The School shall provide a Rough Grading Plan for the work proposed as part of the Grading and Excavation Permit application. The Rough Grading Plans shall include the following: pad elevation, basement elevation, elevator pit elevation, ground monitoring wells, shoring for the proposed basement, limits of over excavation, stockpile area of material, overall earthwork volumes (cut and fill), temporary shoring for any existing facilities, ramps for the basement access, crane locations (if any), etc. Plans submitted for the Grading and Excavation Permit, shall be stand-alone, and therefore the plans shall include any conditions from other divisions that pertain to items encountered durin g rough grading for example if contaminated groundwater is encountered and dewatering is expected, provide notes on the plans based on Water Quality’s conditions of approval. Provide a note on the plans to direct the contractor to the approve City of Palo Alto Truck Route Map, which is available on the City’s website. 28. EASEMENT BENEFICIARY APPROVALS. The School shall obtain approval from all easements beneficiaries for any gates blocking access to any existing or proposed easements and provide that approval to the City before grading permit or building permit issuance. 29. ENCROACHMENT PERMIT. The School shall obtain an encroachment permit for private utilities within a Public Utility Easement prior to issuance of Grading or Building Permits. PUBLIC WORKS URBAN FORESTRY CONDITIONS OF APPROVAL The School shall address the following conditions prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, as further described below. In the event the mitigation measure 4b or planning architectural review condition of approval #2 are more stringent than below conditions, the more restrictive condition or measure applies. 30. TREE TRANSPLANTING. Tree transplanting is not equivalent to retention, therefore must be carefully considered. Destinations for transplanted trees must have adequate soil volume and site conditions to match the needs of the individual tree. Soil volume should be at least four times the size of the root ball and not less than 400 cubic feet for a species that is small stature at maturity, 800 cubic feet for a medium stature, and 1,200 cubic feet for a large stature. Newly planted trees must be compatible species and have adequate soil volume to mature to full stature. 31. TREE PROTECTION ZONE. Tree protection zones, appraised values, and viability for protection or transplanting must be calculated using current field measurements, observations, and assessments (not older than one year). 32. CONSTRUCTION ACTIVITY. Construction activity (including demolition and temporary uses during phases of construction) is not allowed inside a tree protection zone (TPZ) unless approved by the Urban Forester and reasonable treatments are pro posed to offset potential impacts. Excavation for the building or garage which extends beyond the building footprint (for shoring or other purposes) must be considered as an impact. Design alterations may be considered to prevent impacts to trees. Impacts must not be significant such as those defined as “removal” in 38 Palo Alto Municipal Code, Chapter 8.10.020. The tree protection report must be updated to include specific treatment recommendations for all trees where construction activity will occur within the TPZ. Treatments should be considered such as enhancing soil conditions beyond the TPZ and outside the limits of construction so that root density and health improves. Tree protection fencing alignments should be considered to include treatment are as (beyond the TPZ), protect groups of trees where possible, and align on limits of construction (instead of idealized circles). Treatments should be scheduled before, during, and/or after construction as appropriate. The updated tree protection report should be included in the plan set as sheets T.2, T.3, T.4, etc. The project arborist must closely supervise construction activities within a TPZ, and treatments applied to offset those impacts. 33. REPLACEMENT TREES. Replacement trees must be 24” box size unless a larger (alternative) box size is justified for the site. Utilize the size of the tree protection zone for conical trees (such as Redwoods #115-120) to calculate the canopy size for replacement (and not the actual canopy width). The number of replacement trees on Sheet T.2.0. must match those proposed to be planted on Sheet L.2.0. In order to comply with the policy of no net loss of canopy cover (Urban Forest Master Plan, policy 6.C., pg. 150), replacement trees that cannot be planted on the project site may be replaced in lieu by paying into the Forestry Fund in the amount of $650 per tree (for each 24” box size). Include a table or add columns to show the square feet or canopy removed, transplanted, and replaced (on-site and in-lieu). The planting plan, Sheet L.2.0., should show a total quantity of small, medium, and large stature trees and designate where each is proposed to be located. Species may be shown on the current plan set but must be provided prior to issuance of a building permit. 34. TREE APPRAISAL & SECURITY DEPOSIT AGREEMENT. (Reference: CPA Tree Technical Manual, Section 6.25). Prior to the issuance of a grading or building permit, the School shall prepare and secure a tree appraisal and security deposit agreement stipulating the duration and monitoring program. The appraisal of the condition and replacement value of all trees to remain shall recognize the location of each tree in the proposed development. Listed separately, the appraisal may be part of the Tree Survey Report. For the purposes of a security deposit agreement, the monetary market or replacement value shall be determined using the most recent version of the “Guide for Plan Appraisal”, in conjunction with the Species and Classification Guide for Northern California. The appraisal shall be performed at the School’s expense, and the appraiser shall be subject to the Director’s approval. a. SECURITY DEPOSIT AGREEMENT. Prior to grading or building permit issuance the applicant shall identify by number and appraised value all trees that will be transplanted or where ANY construction activity is anticipated within a tree protection zone of a retained tree, subject to approval by the City’s Urban Forester. The applicant shall post a security deposit for 150% of the appraised replacement value for each tree on that list. The security may be a cash deposit, letter of credit, or surety bond and shall be filed with the Revenue Collections/Finance Department or in a form satisfactory to the City Attorney. 39 b. SECURITY DEPOSIT & MONITORING PROGRAM. The School shall provide to the City of Palo Alto an annual tree evaluation report prepared by the project arborist or other qualified certified arborist, assessing the condition and recommendations to correct potential tree decline for trees retained, relocated, and trees planted. The monitoring program shall end five years from date of final occupancy, unless extended due to tree mortality and replacement, in which case a new five-year monitoring program and annual evaluation report for the replacement tree shall begin. Prior to occupancy, a final report and assessment shall be submitted for City review and approval. The final report shall summarize the status of all trees on the project, documenting tree or site changes to the approved plans, update status of tree health and recommend specific tree care maintenance practices for the property owner(s). The School shall call for a final inspection by the Planning and Development Services staff and Urban Forester. c. SECURITY DEPOSIT DURATION. The security deposit duration period shall be five years from the date of final occupancy. Return of the security guarantee shall be subject to City approval of the final monitoring report. A tree shall be considered dead when the main leader has died back, 25% of the crown is dead or if major trunk or root damage is evident. A new tree of equal or greater appraised value shall be planted in the same area by the property owner. Landscape area and irrigation shall be adapted to provide optimum growing conditions for the replacement tree. The replacement tree that is planted shall be subject to a new five -year establishment and monitoring program. The School shall provide an annual tree evaluation report as originally required. d. FOREFEIT OF DEPOSIT. The City may determine that trees which die (as defined above) or are not replaced will constitute a forfeit of the portion of the deposit equal to the appr aised value. Any forfeit will be deposited into the Forestry Fund to plant new trees elsewhere. Issues causing forfeit of any portion of the deposit may also be subject to remedies described in Palo Alto Municipal Code. 35. TREE PROTECTION COMPLIANCE. The School and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. a. TREE PROTECTION VERIFICATION. Prior to any site work verification fro m the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section. The fencing shall contain required warning sign and remain in place until final inspection of the project. 36. PLAN CHANGES. The School shall submit revisions and/or changes to plans before or during 40 construction for review; these changes shall be responded to by the (a) project site arborist, or (b) landscape architect, with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. 37. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 38. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 39. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional borin g method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 40. PROTECTIVE TREE FENCING. Plans to show protective tree fencing. The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Regulated Tree, using a bold dashed line enclosing the Tree Protection Zone (Standard Dwg. #605, Sheet T-1; City Tree Technical Manual, Section 6.35-Site Plans); or by using the Project Arborist’s unique diagram for each Tree Protection Zone enclosure. PUBLIC WORKS RECYCLING CONDITIONS OF APPROVAL The following conditions are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. as further described below. 41. WASTE CONTAINER LOCATIONS. The School shall present on the plan the locations and quantity for the internal and external three container waste stations. The three waste containers shall include recycle (blue container), compost (green container), and garbage (black container). Please refer to PAMC 5.20.108. 42. INTERNAL WASTE STATIONS (PAMC 5.20.108). a. Internal waste stations are required for common areas such as lunchrooms, conference rooms, cafeterias, and coffee stations. The waste station shall be comprised of three-color coded containers. Black for landfill waste, blue for recycling, and green for compostables. The 41 green compostable container, if bags are used, shall be green compostable bags. The waste station containers shall also contain color coded signs. All dining area waste stations must have 3-sort color-coded labeled containers for garbage (black), recycling (blue) and compost (green). Any kitchen area must have the appropriate number of 3 -sort color-coded labeled waste stations for garbage, recycling and compost. b. Restrooms that uses paper towels for hand drying must have color-coded labeled compost container for paper towels and it is recommended to have a labeled landfill container for the diaper changing stations. c. Signs can be obtained from GreenWaste of Palo Alto pacustomerservice@greenwwaste.com or call (650) 493-4894 to request signs. 43. EXTERNAL WASTE STATION (PAMC 5.20.108). a. If the School chooses to have refuse containers outside, they will need to be installed at convenient and appropriately selected locations. The waste station shall be comprised of three- color coded containers. Black for landfill waste, blue for recycling, and green for compostables. The green compostable container, if bags are used, shall use gr een compostable bags. The waste station containers shall also contain color coded signs. Signs can be obtained from GreenWaste of Palo Alto pacustomerservice@greenwwaste.com or call (650) 493-4894 to request signs. 44. COVERED DUMPSTERS, RECYCLING AND TALLOW BIN AREAS (PAMC 16.09.075(q)(2)) a. Buildings that house FSEs shall include a covered area for all receptacles, dumpsters, bins, barrels, carts or containers used for the collection of trash, recycling, food scraps and waste cooking FOG or tallow. The areas shall be designed to prevent water run-on to the area and runoff from the area. Drains that are installed within waste storage areas are optional. Any drain installed shall be connected to a GCD. If tallow receptacle(s) are to be stored outside then an adequately sized, segregated space for tallow receptacle(s) shall be included in the covered waste storage area. These requirements shall apply to remodeled or converted facilities to the extent that the portion of the facility being remodeled or converted is related to the subject of the requirement. 45. DUMPSTERS FOR NEW AND REMODELED FACILITIES (PAMC 16.09.180(b)(10)) a. New buildings and residential developments providing centralized solid waste collection, except for single-family and duplex residences, shall provide a covered area for a bin/dumpster. The area shall be adequately sized for all waste streams (garbage, recycling, and yard waste/compostables) and designed with grading or a berm system to prevent water run-on and runoff from the area. b. A recycling, compost, and garbage enclosure shall be required for the project. 46. REFUSE DISPOSAL AREA REQUIREMENTS (PAMC 18.23.020) a. The design of any new, substantially remodeled, or expanded building or other facility shall provide for proper storage, handling, and accessibility which will accommodate the solid waste and recyclable materials loading anticipated and which will allow fo r the efficient and safe 42 collection. i. All solid waste bins (dumpsters) must be located in a trash enclosure. ii. A trash enclosure must be included in the plans. 47. GENERAL COMMENTS a. Refuse enclosure must be covered. b. Collection vehicle access (vertical clearance, street width and turnaround space) and street parking are common issues pertaining to new developments. Adequate space must be provided for vehicle access. c. Weight limit for all drivable areas to be accessed by the solid waste vehicles (roads, driveways, pads) must be rated to 60,000 lbs. This includes areas where permeable pavement is used. d. Carts and bins must be able to roll without obstacles or curbs to reach service areas "no jumping curbs" e. Containers must be within 25 feet of service area or charges will apply. f. All service areas must have a clearance height of 20’ for bin service. g. New enclosures should consider rubber bumpers to reduce wear-and-tear on walls. h. Service must be provided for garbage, recycling, and compost i. Project plans must show the placement of all three refuse containers, for example, within the details of the solid waste enclosures. Enclosure and access should be designed for equal access to all three waste streams – garbage, recycling, and compostables. The following comments and/or standard Municipal Code requirements are provided for supplemental guidance, recommendation and/or best practices: a. Recommended Refuse Container Number and Sizes (for each refuse enclosure). b. For any service-related questions, contact Greenwaste of Palo Alto at 650-493-4894. PUBLIC WORKS WATERSHED PROTECTION CONDITIONS OF APPROVAL The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. 48. DISCHARGE OF GROUNDWATER (PAMC 16.09.170, 16.09.040) If groundwater is encountered then the plans must include the following procedure for construction dewatering: Prior to discharge of any water from construction dewatering, the water shall be tested for volatile organic compounds (VOCs) using EPA Method 601/602 or Method 624. The analytical results of the VOC testing shall be transmitted to the Regional Water Quality Control Type Size Quantity Pick-Up Frequency Trash 4 CY 1 2-3x/wk Recycling 4 CY 1 or 2 6x/wk Compost 4 CY 1 4-5x/wk 43 Plant (RWQCP) 650-329-2598. Contaminated ground water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain system or creeks. If the concentrations of pollutants exceed the applicable limits for discharge to the storm drain system, then an Exceptional Discharge Permit must be obtained from the RWQCP prior to discharge to the sanitary sewer system. If the VOC concentrations exceed the toxic organics discharge limits contained in the Palo Alto Municipal Code (16.09.040(m)) a treatment system for removal of VOCs will also be required prior to discharge to the sanitary sewer. Additionally, any water discharged to the sanitary sewer system or storm drain system must be free of sediment. 49. UNPOLLUTED WATER (PAMC 16.09.055) Unpolluted water shall not be discharged through direct or indirect connection to the sanitary sewer system. And PAMC 16.09.175 (b) General prohibitions and practices. Exterior (outdoor) drains may be connected to the sanitary sewer system only if the area in which the drain is located is covered or protected from rainwater run-on by berms and/or grading, and appropriate wastewater treatment approved by the Superintendent is provided. For additional information regarding loading docks, see section 16.09.175(k) 50. COVERED PARKING (PAMC 16.09.180(b)(9)) If installed, parking garage floor drains on interior levels shall be connected to an oil/water separator prior to discharging to the sanitary sewer system. The oil/water separator shall be cleaned at a frequency of at least once every twelve months or more frequently if recommended by the manufacturer or the superintendent. Oil/water separators shall have a minimum capacity of 100 gallons. 51. ARCHITECTURAL COPPER (PAMC 16.09.180(b)(14)) On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on historic structures are exempt, provided that the roofing material used shall be pre-patinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. 52. LOADING DOCKS (PAMC 16.09.175(k)(2)) (i) Loading dock drains to the storm drain system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non -rainy season and during periods of loading dock operation. (ii) Where chemicals, hazardous materials, grease, oil, or waste products are handled or used within the loading dock area, a drain to the storm drain system shall not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. The 44 area in which the drain is located shall be covered or protected from rainwater run-on by berms and/or grading. Appropriate wastewater treatment approved by the Superintendent shall be provided for all rainwater contacting the loading dock site. 53. LABORATORY SINKS (PAMC 16.09.175(i)) Laboratory countertops and laboratory sinks shall be separated by a berm which prevents hazardous materials spilled on the countertop from draining to the sink. 54. CONDENSATE FROM HVAC (PAMC 16.09.180(b)(5)) Condensate lines shall not be connected or allowed to drain to the storm drain system. 55. COPPER PIPING (PAMC 16.09.180(b)(b)) Copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical. The plans must specify that copper piping will not be used for wastewater plumbing. 56. MERCURY SWITCHES (16.09.180(12)) Mercury switches shall not be installed in sewer or storm drain sumps. 57. COOLING SYSTEMS, ETC (PAMC 16.09.205(a)) Cooling Systems, Pools, Spas, Fountains, Boilers and Heat Exchangers - It shall be unlawful to discharge water from cooling systems, pools, spas, fountains boilers and heat exchangers to the storm drain system. 58. STORM DRAIN LABELING (PAMC 16.09.165(h)) Storm drain inlets shall be clearly marked with the words "No dumping - Flows to San Francisquito Creek," or equivalent. 59. REGULATION OF PCB MATERIAL – EFFECTIVE JULY 1st, 2019: New requirements regarding stormwater control during building demolition for polychlorinated biphenyls (PCBs) became effective starting July 1st, 2019, in accordance with the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit (MRP), Order No. R2-2015-0049. MRP Provision C.12.f. requires that San Francisco Bay Area municipalities develop a program to ensure that PCBs from building materials (e.g. caulk, paint, mastic) do not enter the storm drain system during building demolition. Palo Alto City Council adopted the PCBs regulation in May 2019. For specific questions about your project, please email CleanBay@cityofpaloalto.org, call 650-329-2122 or visit http://www.cityofpaloalto.org/pcbdemoprogram . The following conditions shall apply to ALL projects submitting for a Demolition Permit Application on or after July 1st, 2019: a. The School shall complete and submit the “PCBs Applicant Package,” including any required sampling reports (per the Applicant Package instructions), with the demolition permit application. The Applicant Package will outline PCBs sampling and reporting requirements that must be met if 45 the project meets ALL of the following conditions: • The project is a commercial, public, institutional, or industrial stru cture constructed or remodeled between January 1, 1950 and December 31, 1980. Single-family homes are exempt regardless of age. • The framing of the building contains material other than wood. Wood -frame structures are exempt. • The proposed demolition is a complete demolition of the building. Partial demolitions do not apply to the requirements. b. If the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the “PCBs Applicant Package,” then the project shall conduct representati ve sampling of PCBs concentration in accordance with the “Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition (2018).” • If the representative sample results or records DO NOT indicate PCB concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete. Applicant submits screening form and the supporting sampling documentation with the demolition permit application. No additional action is required. • If the representative sample results or records DO indicate PCBs concentrations ≥50 ppm in one or more “priority materials,” then the screening assessment is complete, but the Applicant MUST also contact applicable State and Federal Agencies to meet further requirements. Applicant submits screening form and the supporting sampling documentation with the demolition permit application, and also must contacts the State and Federal Agencies as indicated on Page 3 of the “PCBs Screening Assessment Form.” IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE PROCESS CAN TAKE BETWEEN 1-3 MONTHS. C. The following conditions are required to be part of any Planning application approval and shall be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. as further described below. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT: 60. STORMWATER TREATMENT MEASURES o All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. o Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here: http://scvurppp-w2k.com/c3_handbook.shtml) for details. For all C.3 features, vendor specifications regarding installation and maintenance should be followed and provided to city staff. Copies must be submitted to Pam Boyle Rodriguez at pamela.boylerodriguez@cityofpaloalto.org . Add this bullet as a note to the building plans. o Staff from Stormwater Program (Watershed Protection Division) may be present during installation of stormwater treatment measures. Contact Pam Boyle Rodriguez, Stormwater 46 Program Manager, at (650) 329-2421 before installation. Add this bullet as a note to building plans on Stormwater Treatment (C.3) Plan. 61. BAY-FRIENDLY GUIDELINES (rescapeca.org) o Do not use chemicals fertilizers, pesticides, herbicides or commercial soil amendment. Use Organic Materials Review Institute (OMRI) materials and compost. Refer to the Bay - Friendly Landscape Guidelines: http://www.stopwaste.org/resource/brochures/bayfriendly-landscape- guidelines-sustainable-practices-landscape-professional for guidance. Add this bullet as a note to the building plans. o Avoid compacting soil in areas that will be unpaved. Add this bullet as a note to the building plans. 62. STORMWATER QUALITY PROTECTION Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. o Drain downspouts to landscaping (outward from building as needed). o Drain HVAC fluids from roofs and other areas to landscaping. o Refuse enclosure areas shall include an interior floor drain with a fail-safe valve that is connected to the sanitary sewer. 63. GUIDANCE/BEST PRACTICE RECOMMENDATIONS: The following comments and/or standard Municipal Code requirements are provided for supplemental guidance, recommendation and/or best practices: a. PAMC 16.09.170, 16.09.040 Discharge of Groundwater Prior approval shall be obtained from the city engineer or designee to discharge water pumped from construction sites to the storm drain. The city engineer or designee may require gravity settling and filtration upon a determination that either or both would improve the water quality of the discharge. Contaminated ground water or water that exceeds state or federal requirements for discharge to navigable waters may not be discharged to the storm drain. Such water may be discharged to the sewer, provided that the discharge limits contained in Palo Alto Municipal Code (16.09.040(m)) are not exceeded and the approval of the superintendent is obtained prior to discharge. The City shall be compensated for any costs it incurs in authorizing such discharge, at the rate set forth in the Municipal Fee Schedule. b. PAMC 16.09.180(b)(9) Covered Parking Drain plumbing for parking garage floor drains must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer system c. PAMC 16.09.180(b)(14) Architectural Copper On and after January 1, 2003, copper metal roofing, copper metal gutters, copper metal down spouts, and copper granule containing asphalt shingles shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing, gutters and downspouts on 47 historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of "historic" shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. d. PAMC 16.09.175(k) (2) Loading Docks (i) Loading dock drains to the storm drain system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. (ii) Where chemicals, hazardous materials, grease, oil, or waste products are handled or used within the loading dock area, a drain to the storm drain system shall not be allowed. A drain to the sanitary sewer system may be allowed if equipped with a fail-safe valve or equivalent device that is kept closed during the non-rainy season and during periods of loading dock operation. The area in which the drain is located shall be covered or protected from rainwater run -on by berms and/or grading. Appropriate wastewater treatment approved by the Superintendent shall be provided for all rainwater contacting the loading dock site. e. PAMC 16.09.180(b)(5) Condensate from HVAC Condensate lines shall not be connected or allowed to drain to the storm drain system. f. 16.09.215 Silver Processing Facilities conducting silver processing (photographic or X-ray films) shall either submit a treatment application or waste hauler certification for all spent silver bearing solutions. 650- 329-2421. g. PAMC 16.09.205 Cooling Towers No person shall discharge or add to the sanitary sewer system or storm drain system, or add to a cooling system, pool, spa, fountain, boiler or heat exchanger, any substance that contains any of the following: (1) Copper in excess of 2.0 mg/liter; (2) Any tri-butyl tin compound in excess of 0.10 mg/liter; (3) Chromium in excess of 2.0 mg/liter. (4) Zinc in excess of 2.0 mg/liter; or (5) Molybdenum in excess of 2.0 mg/liter. The above limits shall apply to any of the above-listed substances prior to dilution with the cooling system, pool, spa or fountain water. A flow meter shall be installed to measure the volume of blowdown water from the new cooling tower. Cooling systems discharging greater than 2,000 gallons per day are required to meet a copper discharge limit of 0.25 milligrams per liter. h. PAMC 16.09.180(b)(b) Copper Piping Copper, copper alloys, lead and lead alloys, including brass, shall not be used in sewer lines, connectors, or seals coming in contact with sewage except for domestic waste sink traps and short lengths of associated connecting pipes where alternate materials are not practical. The plans must specify that copper piping will not be used for wastewater plumbing. 48 i. PAMC 16.09.175(j) Traps Below Laboratory Sinks Sewer traps below laboratory sinks shall be made of glass or other approved transparent materials to allow inspection and to determine frequency of cleaning. Alternatively, a removable plug for cleaning the trap may be provided, in which case a cleaning frequency shall be established by the Superintendent. In establishing the cleaning frequency, the Superintendent shall consider the recommendations of the facility. The Superintendent will grant an exception to this requirement for areas w here mercury will not be used; provided, that in the event such an exception is granted, and mercury is subsequently used in the area, the sink trap shall be retrofitted to meet this requirement prior to use of the mercury. j. PAMC 16.09.175(i) Laboratory Sinks Laboratory countertops and laboratory sinks shall be separated by a berm which prevents hazardous materials spilled on the countertop from draining to the sink. k. PAMC 16.09.205(a) Cooling Systems, Pools, Spas, Fountains, Boilers and Heat Exchangers It shall be unlawful to discharge water from cooling systems, pools, spas, fountains boilers and heat exchangers to the storm drain system. l. PAMC 16.09.165(h) Storm Drain Labeling Storm drain inlets shall be clearly marked with the words "No dumping - Flows to Adobe Creek," or equivalent. PUBLIC ART CONDITIONS OF APPROVAL 64. PUBLIC ART: The following conditions shall be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. as further described below. If the School chooses to pay in-lieu of commissioning art on site, the funds must be paid prior to the issuance of a building permit. • If the School chooses to commission art on site, then they must complete both initial and final reviews and receive approval from the Public Art Commission prior to the issuance of a building permit. • If the School chooses to pay a contribution into the Public Art fund in-lieu of commissioning art on site, the contribution must be made prior to the issuance of a building permit. • All information and application materials may be found at www.cityofpaloalto.org/publicart under “policies and documents” tab. UTILITIES ELECTRICAL ENGINEERING CONDITIONS OF APPROVAL The following comments are required to be addressed prior to any future rela ted permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. 65. ELECTRICAL SERVICE: 49 a. Industrial and large commercial customers must allow sufficient lead-time for Electric Utility Engineering and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. b. A completed Utility Service Application and a full set of plans must be incl uded with all applications involving electrical work. The Application must be included with the preliminary submittal. c. The School shall submit a request to disconnect all existing utility services and/or meters including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. d. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements. e. Contractors and developers shall obtain permit from the Department of Public Works before digging in the street right-of-way. This includes sidewalks, driveways and planter strips. f. At least 48 hours prior to starting any excavation, the customer must call Underground Service Alert (USA) at 1-800-227-2600 to have existing underground utilities located and marked. The areas to be checked for underground facility marking shall be delineated with white paint. All USA markings shall be removed by the customer or contractor when construction is complete. g. The customer is responsible for installing all on-site substructures (conduits, boxes and pads) required for the electric service. No more than 270 degrees of bends are allowed in a secondary conduit run. All conduits must be sized according to California Electric Code requirements and no 1/2 – inch size conduits are permitted. All off-site substructure work will be constructed by the City at the customer’s expense. Where mutually agreed upon by the City and the Applicant, all or part of the off-site substructure work may be constructed by the Applicant. h. All primary electric conduits shall be concrete encased with the top of the encasement at the depth of 30 inches. No more than 180 degrees of bends are allowed in a primary conduit run. Conduit runs over 500 feet in length require additional pull boxes. i. All new underground conduits and substructures shall be installed per City standards and shall be inspected by the Electrical Underground Inspector before backfilling. j. For services larger than 1600 amps, a transition cabinet as the interconnection point between the utility’s padmount transformer and the customer’s main switchgear may be required. See City of 50 Palo Alto Utilities Standard Drawing SR-XF-E-1020. The cabinet design drawings must be submitted to the Electric Utility Engineering Division for review and approval. k. For underground services, no more than four (4) 750 MCM conductors per phase can be connected to the transformer secondary terminals; otherwise, bus duct or x-flex cable must be used for connections to padmount transformers. If customer installs a bus duct directly between the transformer secondary terminals and the main switchgear, the installation of a transition cabinet will not be required. l. The customer is responsible for installing all underground electric service conductors, bus duct, transition cabinets, and other required equipment. The installation shall meet the California Electric Code and the City Standards. m. Meter and switchboard requirements shall be in accordance with Electric Utility Service Equipment Requirements Committee (EUSERC) drawings accepted by Utility and CPA standards for meter installations. n. Shop/factory drawings for switchboards (400A and greater) and associated hardware must be submitted for review and approval prior to installing the switchgear to: Gopal Jagannath, P.E. Supervising Electric Project Engineer Utilities Engineering (Electrical) 1007 Elwell Court Palo Alto, CA 94303 o. For 400A switchboards only, catalog cut sheets may be substituted in place of factory drawings. p. All new underground electric services shall be inspected and approved by both the Building Inspection Division and the Electrical Underground Inspector before energizing. B 17. The customer shall provide as-built drawings showing the location of all switchboards, conduits (number and size), conductors (number and size), splice boxes, vaults and switch/transformer pads. q. The follow must be completed before Utilities will make the connection to the utility system and energize the service: • All fees must be paid. • All required inspections have been completed and approved by both the Building Inspection Division and the Electrical Underground Inspector. • All Special Facilities contracts or other agreements need to be signed by the City and applicant. • Easement documents must be completed. UTILITIES WASTE GAS WATER CONDITIONS OF APPROVAL The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. 66. PRIOR TO ISSUANCE OF DEMOLITION PERMIT 51 a. Prior to demolition, the applicant shall submit the existing water/wastewater fixture unit loads (and building as-built plans to verify the existing loads) to determine the capacity fee credit for the existing load. If the applicant does not submit loads and plans they may not receive credit for the existing water/wastewater fixtures. b. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. c. The applicant shall submit plans showing all existing WGW utility. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting u tilities especially storm drain pipes (existing 6” DIP water main and 6” VCP sewer main are in the area of proposed underground parking garage), Plans for new sewer mains and laterals need to include profiles showing existing potential conflicts with gas, water, and other utility. 67. FOR BUILDING PERMIT: a. The applicant shall submit a completed water-gas-wastewater service connection application - load sheet per parcel/lot for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). The applicant shall provide the existing (prior) loads, the new loads, and the combined/total loads (the new loads plus any existing l oads to remain). b. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for new wastewater laterals and mains need to include new wastewater pipe profiles showing existing potentially conflicting utilities especially storm drain pipes (existing 6” DIP water main and 6” VCP sewer main are in the area of proposed underground parking garage), electric and communication duct banks. Existing duct banks need to be day lighted by potholing to the bottom of the duct bank to verify cross section prior to plan approval and starting lateral installation. Plans for new storm drain mains and laterals need to include profiles showing existing potential conflicts with sewer, water and gas. c. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). d. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs 52 associated with the design and construction for the installation/upgrade of the utility mains and/or services. e. For contractor installed water and wastewater mains or services, the applicant shall submit to the WGW engineering section of the Utilities Department four copies of the installation of water and wastewater utilities off-site improvement plans in accordance with the utilities department design criteria. All utility work within the public right-of-way shall be clearly shown on the plans that are prepared, signed and stamped by a registered civil engineer. The contractor shall also submit a complete schedule of work, method of construction and the manufacture's literature on the materials to be used for approval by the utilities engineering section. The applicant's contractor will not be allowed to begin work until the improvement plan and other submittals have been approved by the water, gas and wastewater engineering section. After the work is complete but prior to sign off, the applicant shall provide record drawings (as-builts) of the contractor installed water and wastewater mains and services per City of Palo Alto Utilities record drawing procedures. For contractor installed services the contractor shall install 3M marker balls at each water or wastewater service tap to the main and at the City clean out for wastewater laterals. f. An approved reduced pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter within 5 feet of the property line. RPPA’s for domestic service shall be lead free. Show the location of the RPPA on the plans. g. An approved reduced pressure detector assembly is required for the existing or new water connection for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (a double detector assembly may be allowed for existing fire sprinkler systems upon the CPAU’s approval). Reduced pressure detector assemblies shall be installed on the owner's property adjacent to the property line, within 5’ of the property line. Show the location of the reduced pressure detector assembly on the plans. h. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. i. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) may require to be replaced at the applicant’s expense. j. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 53 k. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water service, gas service and sewer lateral connection shown on the plans. l. A new water service line installation for domestic usage is required. For service connections of 4- inch through 8-inch sizes, the applicant's contractor must provide and install a concrete vault with meter reading lid covers for water meter and other required control equipment in accordance with the utilities standard detail. Show the location of the new water service and meter on the plans. m. If a new water service line installation for fire system usage is required. Show the location of the new water service on the plans. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements. n. If a new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform to utilities standard details. o. A new sewer lateral installation per lot is required. Show the location of the new sewer lateral on the plans. p. The School shall secure a public utilities easement for facilities installed in private property. The School's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement across the adjacent parcels as is necessary to serve the development. q. Where public mains are installed in private streets/PUEs “Public Utility Easements: If the City’s reasonable use of the Public Utility Easements, which are shown as P.U.E on the Map, results in any damage to the Common Area, then it shall be the responsibility of the Association, and not of the City, to Restore the affected portion(s) of the Common Area. This Section may not be amended without the prior written consent of the City”. r. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. s. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas or wastewater mains/services or meters. New water, gas or wastewater services/meters may not be installed within 10’ or existing trees. Maintain 10’ between new trees and new water, gas and wastewater services/mains/meters. 54 t. To install new gas service by directional boring, the applicant is required to have a sewer cleanout at the front of the building. This cleanout is required so the sewer lateral can be videoed for verification of no damage after the gas service is installed by directional boring. u. All utility installations shall be in accordance with the City of Palo Alto current utility standards for water, gas & wastewater. v. No new sewer lateral connection is allowed to the existing 8” PE sewer main within the 25’ wide public utilities easement. w. The proposed underground tunnel shall maintain a minimum three -foot vertical clearance to the existing 8” sewer main. x. The proposed water main disconnection/abandonment procedure per the latest edition of the CPA Utility Standards for Water, Gas and Wastewater, details drawing shall be provided to the School’s engineer during the Building Permit, Street Work Permit or related permits. FIRE DEPARTMENT CONDITION OF APPROVAL 68. The Fire Department access roadway along the softball field is required to have a hardscape surface. PLANNING ADDITIONAL CONDITIONS 69. Prior to issuance of a building permit for the underground parking garage, the School shall record an egress easement for the garage exit ramp, as may be required. 70. The School shall adhere to the measures indicated in the Supplemental Information submitted February 2, 2021 (Plan sheets T3.2 through T3.5) that clarifies the School’s additional protection plan to provide positive treatment to reduce impact areas below 25% of the tree protection zones (TPZ) for the following seven protected trees: a. Tree #89 (Coast Live Oak) with no more than 20% of the TPZ impacted, given proposed reconfiguration of stairwell, significant reduction of excavation, and intact central planter root zone. b. Tree #102 (Coast Live Oak) with no more than 20% of the TPZ impacted, given proposed vertical shoring limiting excavation and supplemental root zone enhancements. See Planning AR condition #2 for further requirements. c. Tree #120 (Redwood) with no more than 10% of the TPZ impacted, given vertical shoring limiting excavation and supplemental root zone enhancements. d. Tree #14 (Coast Live Oak) with no more than 15% of the TPZ impacted, given increased planter size, plus root zone soil enhancements on both sides of planter. e. Tree #16 (Coast Live Oak) with no more than 20% of the TPZ impacted, with increased planter size, plus root zone soil enhancements on both sides of planter. f. Tree #38 (Coast Live Oak) with no more than 20% of the TPZ impacted, with significant reduction in excavation. 55 g. Tree #39 (Coast Live Oak) with no more than 20% of the TPZ impacted, with significant reduction in excavation. 71. The School shall adhere to the measures indicated in the Supplemental Information submitted February 2, 2021 (Plan sheets T3.2 and T3.3) that clarifies the School’s additional protection plan to provide positive treatment to reduce impact areas below 25% of the tree protection zones (TPZ) for the following six trees: a. Tree #15 (Flowering Cherry) with no more than 15% of the TPZ impacted, with increased planter size, plus root zone soil enhancements on both sides of planter b. Tree #17 (American Sweet Gum) with no more than 20% of the TPZ impacted, with root zone enhancements in all landscape zones around the tree. c. Tree #18 (American Sweet Gum) with no more than 15% of the TPZ impacted, with root zone enhancements in landscape areas, plus root zone soil enhancement under proposed paving. d. Tree #30 (Trident Maple) with no more than 15% of the TPZ impacted, with significant reduction in excavation plus root zone soil enhancements. e. Tree #31 (Copper Beech) with no more than 15% of the TPZ impacted, with significant reduction in excavation. f. Tree #33 (Japanese Privet) with no more than 15% of the TPZ impacted, with significant reduction in excavation. URBAN FORESTRY ADDITIONAL CONDITIONS 72. Trees #89, 102, and 120 have proposed construction activities in the tree protection zone that will result in the trees being “removed” by definition of Palo Alto Municipal Code, Chapter 8.10.020(k) and (i). This definition is expounded upon by the Tree Technical Manual, Section 1-2, to include: Excessive pruning may include the cutting of any root two (2) inches or greater in diameter and/or severing in excess of 25% of the roots. Based on these definitions compared to proposed construction activities, the applicant should show trees #89, 102, and 120 to be protected, but mitigated for because of the amount of construction activity. Provide replacement trees and/or in- lieu payment to mitigate these “removals”. Alternately, design modifications (such as reducing the limits of construction for underground parking) could reduce construction activity in the tree protection zones to tolerable (based on the health of the tree in comparison to the activities) and thereby adjusting the determination that the trees are “removed” by definition. 73. Show tree #114 to be removed instead of transplanted because excavating the root ball will compound the detrimental effects of proposed construction activities on the health of tree #102. 74. Verify consistency between sheets in the plan set. The information should be consistent on all sheets. 75. At Building Permit, include tree numbers and appraised values in the Security Deposit Agreement for all trees that will be transplanted and all trees with ANY construction activity (or a transplanted tree excavation) within a tree protection zone of a retained tree. 56 76. At Building Permit, show tree protection fencing that extends beyond the tree protection zone where the applicant is proposing “root baiting” as an offsetting treatment, amounting to an area equal or larger than the construction activity proposed. SECTION 11. Indemnity. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”)from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City its actual attorney’s fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. SECTION 12. Term of Approval. Architectural Review and Variance Approvals. These approvals shall expire three years from the original date of approval, if construction has not commenced pursuant to the phased development proposal within that time, in accordance with Palo Alto Municipal Code Section 18.77.090. Conditional Use Permit Approval. This approval shall expire 12 months from the original date of approval if the proposed use has not commenced pursuant to the CUP Approval within that time, in accordance with Palo Alto Municipal Code Section 18.77.090. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Development Services APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney 57 PLANS AND DRAWINGS REFERENCED: TO: HONORABLE CITY COUNCIL FROM: JONATHAN LAIT, DIRECTOR DATE: MARCH 8, 2021 SUBJECT: PUBLIC HEARING/QUASI JUDICIAL: 1310 Bryant Street (Castilleja): Consideration of Certification of an Environmental Impact Report (EIR) and Applications for a Conditional Use Permit (CUP) Amendment to Increase the Student Enrollment up to 540 Students; a Variance to Replace Campus Gross Floor Area; and Architectural Review of Campus Redevelopment. On March 8 the Council Will Receive Presentations and Public Testimony; the Meeting Will be Continued to March 15 for Council Deliberation and Action - No Public Testimony Will be Heard on March 15. Zone District: R-1(10,000). Environmental Review: Final Environmental Impact Report (EIR) Published July 30, 2020; Draft EIR Published July 15, 2019 New information has come to staff’s attention since the subject staff report was published last week, resulting in a revised staff recommendation. Staff continues to recommend initiating the public hearing and continuing the item to March 15 th for Council deliberation. On the 15th, staff requests Council feedback on key issues that will influence a final project design, including direction on the subterranean parking facility, student enrollment, and other topics as appropriate. However, instead of making a decision on the project, staff now recommends the project be remanded back to the Architectural Review Board to consider a reduction in the project’s gross floor area and to review any other project related changes as directed by Council. Review by the Planning and Transportation Commission may also be required depending on the City Council’s direction on the garage. Below is a summary of the new information. 1. Proposed Project Exceeds Existing Site Gross Floor Area One aspect of the applicant’s plans to modernize the campus includes demolishing the existing classrooms and reconstructing them in a new building. The applicant has reported from the outset that it intends to replace existing onsite gross floor area and not add any new gross floor area. This position was reaffirmed by the applicant team this week after staff learned about the error discussed herein. 7 DocuSign Envelope ID: 89561439-7E67-4DC8-ABBD-C738963034C4 2 of 3 In 2017, the applicant provided to the City a gross floor area analysis of the existing campus buildings. An error in the applicant’s data table allocated 7,000 square feet of below grade, exempt floor area, toward the total amount of above grade gross floor area for the existing classroom building. More specifically, while the data table represented that the existing classroom building had 42,000 square feet of gross floor area, in fact the classroom building has 35,000 square feet of (above-grade) gross floor area and 7,000 square feet of (exempt) basement area. Accordingly, while the table represented that the existing buildings to be replaced totaled 84,572 square feet of gross floor area, in fact the total gross floor area to be demolished is 77,572 square feet. The proposed project plans show a new building consisting of 81,942 square feet. Thus, the proposed project exceeds the existing gross floor area by 4,370 square feet. Based on the applicant’s interest to not exceed existing gross floor area, a significant portion of the building requires modification (reduced gross floor area). The applicant anticipates that this revision would take place on the second floor and not affect the first-floor footprint. While staff verified the applicant’s data to building permit and other administrative records, it failed to recognize information included on a 1960s microfiche that breaks down the floor area assignment for the existing classroom building. A resident near Castilleja identified this error, and the second issue discussed below, and alerted staff. Staff is in the process of re-evaluating all reported, existing gross floor area to ensure there are no additional errors. The amount of gross floor area to be removed is significant in area but a small percentage relative to the overall development. Adjustments to the classroom building adjacent to Kellogg Avenue is expected to introduce more building relief and modulation that may serve to further reduce building mass. Council feedback on the subterranean garage, enrollment and other areas of interest could be evaluated in concert with changes to gross floor area and remanded back to the City’s Architectural Review Board if there is majority support to move the project, or a redesigned project, forward. 2. Floor Area Ratio Applies to R1 Properties Earlier Than Realized The Planning and Development Services department maintains a historical archive of past editions of the zoning code. Using this archive, staff found that a floor area ratio, which controls how much building area can occur on a property, was first reflected for R1 zoning in the 1998 zoning code book. However, staff recently learned there was a 1991 ordinance that first introduced the FAR limitation. This differential in time is noteworthy because it could impact the School’s variance application. The variance is needed because the campus buildings exceed the maximum floor area ratio permitted in the R1 district and the applicant seeks to remove (deconstruct) 70% of this floor area and reconstruct it in a new building. In this instance, the City’s non-complying facilities regulations control and preclude the re-establishment of demolished floor area without a variance. DocuSign Envelope ID: 89561439-7E67-4DC8-ABBD-C738963034C4 3 of 3 A variance is a deviation from the zoning code that allows one property to be treated differently than other properties in the same zoning district due to some special circumstance applicable to the property. However, the code precludes the City from considering circumstances that result from a property owner’s own actions to change the shape or size of the property. For Castilleja, the extremely large size of the parcel is a special circumstance. Because it is so much larger than a typical R1 lot, Castilleja’s overall buildable potential is reduced when applying the floor area ratio requirement (see Variance findings in the Record of Land Use Action – Attachment A). In June 1992, Castilleja added 26,530 square feet (0.6 acres) - abandoned Melville right of way - and another 2,570 square foot parcel to its existing 239,960 square foot (5.5 acres) campus properties, which had straddled Melville Avenue. Prior to this merger, the main campus parcel was 4.6 acres and other parcels across Melville were 0.9 acres. Thus, the merger resulted in an already large lot becoming even larger (6.17 acres). The variance findings included in the Council packet incorrectly note that the size of the parcel predates the limitation on floor area ratio. Based on the new date establishing when the floor area ratio was applied to R1 properties, the merger occurred afterwards. The argument from some area residents is that Castilleja created the hardship for which it now claims relief from the code by way of the variance and this request is therefore not appropriate. While Council may find for or against the variance for any number of reasons, staff does not support the notion the Castilleja is disqualified from applying for variance due to a condition it created or imposed upon itself for two reasons. First, Castilleja’s largest parcel prior to the merger was already extremely large at 4.6 acres. The considerations that make the requested variance appropriate for Castilleja’s current 6.17-acre parcel are equally applicable to a 4.6-acre parcel. Second, up until the subject application, as included in the staff report, prior increases in floor area and redevelopment of the parcel were granted by the City through a conditional use permit. This administrative method of land use approval is necessitating the variance and not the fact that the applicant 30 years ago merged its parcel to its current size. Therefore, in staff’s view, this new information regarding when the floor area ratio was established is a less significant point than other criteria that Council will use to determine the appropriateness of the variance. _______________________ _________________________ Jonathan Lait Ed Shikada Director of Planning & Development Services City Manager DocuSign Envelope ID: 89561439-7E67-4DC8-ABBD-C738963034C4 Certificate Of Completion Envelope Id: 895614397E674DC8ABBDC738963034C4 Status: Completed Subject: Please DocuSign: 03.08.21 Castilleja.docx Source Envelope: Document Pages: 3 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Madina Klicheva AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Madina.Klicheva@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/4/2021 12:12:20 PM Holder: Madina Klicheva Madina.Klicheva@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 3/4/2021 12:13:06 PM Viewed: 3/4/2021 1:38:56 PM Signed: 3/4/2021 1:59:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 3/4/2021 1:59:21 PM Viewed: 3/4/2021 2:14:49 PM Signed: 3/4/2021 2:15:13 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/4/2021 12:13:06 PM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 3/4/2021 2:14:49 PM Signing Complete Security Checked 3/4/2021 2:15:13 PM Completed Security Checked 3/4/2021 2:15:13 PM Payment Events Status Timestamps City of Palo Alto (ID # 12027) City Council Staff Report Report Type: Action Items Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Public Hearing: Park, Community Center, Library Impact Fee Study Title: PUBLIC HEARING: Finance Committee Recommends City Council Approve Park, Community, and Library Development Impact Fee Justification Study; Adjustments to Park, Community Center, and Library Development Impact Fees; Ordinance Updating Park Land In Lieu fee; and Direct Staff to Implement the Impact Fee Updates With the Fiscal Year 2022 Budget From: City Manager Lead Department: Community Services Recommendation The Finance Committee and Staff recommend that the City Council hold a Public Hearing and: 1. Review and Accept the Park, Community Center, and Library Development Impact Fee Justification Study and select and approve updated fee levels based on study recommendations to update the City’s Park, Community Center, and Library Impact Fee Program, 2. Direct staff to implement the approved fee levels as part of the Fiscal Year 2022 budget process, and 3. Adopt an ordinance to update the fair market value per acre of land for the Park Land in Lieu Fee in PAMC section 21.50.070. Executive Summary Under California law (AB 1600), cities have the ability to charge new development for its relative share of the cost to fund the acquisition of land and improvements to public facilities and services. Impact fees are established based on the reasonable relationship, or nexus, between impacts caused by new development and the improvements to mitigate those impacts that will be funded by the fee. Although fees are updated annually to reflect increases in the Bay Area Consumer Price Index or Engineering News Record Construction Cost Index, baseline fee levels for some of the City’s impact fees have not been reviewed or updated in nearly 20 years, nor has the actual cost inflation of land valuation in the City. City of Palo Alto Page 2 On November 8, 2019, staff released an RFP for a Parks, Library, and Community Center Development Impact Fee Nexus Study. The local firm of DTA was determined to be the most qualified consultant. DTA prepared the attached Park, Community Center, and Library Development Impact Fee Justification Study (the “Study”), found in Attachment A, which provides a detailed legal framework for the imposition of impact fees, defines the City facilities addressed in the study, illustrates the calculation methodology used, and specifies the maximum fee levels which the City could charge to new development. On December 15, 2020, staff and DTA presented the draft study to Finance Committee to receive feedback prior to presenting to Council (Minutes). Finance Committee passed a motion to recommend that the City Council approve any adjustments to fee levels and direct staff to return with the necessary ordinance and fee schedule updates, as well as the addition of a possible tiered approach to implement the fees. On February 23, 2021, staff and DTA presented to the Parks and Recreation Commission. The Commission passed a motion with a 5-2 vote to recommend that City Council adopt an ordinance based on study recommendations to update the City’s Park, Community Center, and Library Impact Fee Program. Dissenting commissioners expressed concerns that the fair market value land valuation figure seemed too low and the square footage per employee used as demographics information seemed too high. Additionally, there was a request to see commercial fees differentiated between retail and office space. The City Council has broad discretion in determining fee schedules, as long as set at or below the maximum amounts. Council may wish to consider the funding needed to implement improvements, the effect of fees on the financial feasibility of development, and comparability with other communities, among other factors. Discussion The City’s Park, Community Center, and Library Development Impact Fees were initially developed in 2001. Table 1 below shows the FY 2020 impact fees for new development based on land use type. Table 1. FY 2020 Park, Community Center, and Library Development Impact Fees City of Palo Alto Page 3 State law requires agencies to identify a reasonable relationship, or nexus, between an impact fee and new development, and to make findings regarding: (a) the purpose of the fee; (b) what mitigation projects the fee will be used to fund; (c) the nexus between the fee’s use and the type of development on which the fee will be imposed; (d) the nexus between the need for the public facility and the type of development on which the fee will be imposed; and (e) the nexus between the amount of the fee and the cost of the public facility attributable to the development upon which the fee is imposed. The Study is designed to support these findings and is structured as shown in Table 2 below. Table 2. Summary of Nexus Study Methodology Step 1 Demographic Assumptions: Identify future growth that represents the increased demand for facilities Step 2 Facility Needs and Costs: Identify the amount of public facilities required to support the new development and the costs of such facilities Step 3 Cost Allocation: Allocate costs per equivalent dwelling unit Step 4 Fee Schedule: Calculate the fee per residential unit or non-residential square foot To develop new impact fee levels, DTA utilized the Standards-Based Fee Methodology, or Level of Service (“LOS”), which establishes impact fees based on “standards,” where costs are based on the existing LOS provided to the community. The existing LOS is based on the square feet of space, integrated unit, or number of volumes (in the case of Library) per 1,000 Persons Served for each facility, which is an industry-standard method of quantifying LOS for facilities such as Parks, Community Centers, and Libraries. The Standards-Based Methodology also relies on the concept of Equivalent Dwelling Units, or EDUs, to allocate benefit among each of the land use categories. EDUs are a mechanism that equates varying land uses to residential dwelling unit standards in order to equitably calculate fees. The Standards-Based Methodology ensures that City facilities are appropriately developed and sized so that future residents and employees do not cause a reduction in LOS by unduly burdening the infrastructure system, thus leading to decay and deterioration. To project future development and facility needs, DTA used projections of future population and development within the City outlined in the City’s 2017 Parks, Trails, Natural Open Space and Recreation Master Plan, as well as Scenario 3 of the 2017 Comprehensive Plan Update Draft Environmental Impact Report (“2017 EIR”). The attached report details the total fee amounts required to finance new residential and non- residential development’s share of the costs of new facilities as summarized in Table 3 below. The fees within this study reflect the maximum fee levels that may be legally imposed on new residential and non-residential development; however, Council may decide to adopt fee levels below this maximum. City of Palo Alto Page 4 Table 3. Proposed Maximum Fee Levels for Park, Community Center, and Library Development Impact Fees Park Community Center Library Total Fees Residential Single Family $57,420 $4,438 $2,645 $64,504 Multi-Family $42,468 $3,283 $1,956 $47,707 Non-Residential Commercial/Industrial (per 1,000 SF)$16,837 $1,301 $776 $18,914 Hotel/Motel (per 1,000 SF)$2,866 $222 $132 $3,220 City of Palo Alto Proposed Development Impact Fees (Maximum) New or increased development impact fees go into effect no sooner than 60 days after adoption (Government Code § 66017). Development impact fees must be paid based on the rate in effect at the time of payment. A developer may pay fees at any point after the planning entitlement has been issued and must pay all applicable fees prior to the issuance of a building permit, unless otherwise approved by Council. It is especially important that the City’s fees are calculated based on correct assumptions regarding the current market value of land. Using CoStar, a leading commercial real estate database, DTA has analyzed historical sales data of vacant land in the cities of Campbell, Santa Clara, Sunnyvale, Saratoga, Mountain View, San Jose, and Los Altos and recommends an updated FMV of $5.7 M. DTA has provided in Table 4 and Chart 1 below a comparison of the proposed land valuation to those used in neighboring cities and communities, as well as information approximating when these local agencies last updated their land valuations. City of Palo Alto Page 5 Table 4. Comparable Land Valuation per Acre Chart 1. Comparable Land Valuation per Acre City of Palo Alto Page 6 DTA also reviewed Community Center and Library Development Impact Fees in the cities of Morgan Hill, Brentwood, Paso Robles, Richmond, and Fremont. These cities were chosen for their comparable size and because they each have both Community Center and Library Development Impact Fees. DTA has provided in Table 5 and Chart 2 below a comparison of the proposed Community Center and Library fees to those used in other cities and communities. Table 5. Comparable Community Center and Library Development Impact Fees Jurisdiction Library Single Family Library Multi- Family Community Center Single Family Community Center Multi- Family Palo Alto (Existing)1 $1,676 $674 $4,827 $2,122 Palo Alto (Proposed)$2,645 $1,956 $4,438 $3,283 Morgan Hill $2,132 $2,054 $3,955 $3,470 Brentwood2 $1,595 $1,179 $1,595 $1,179 Paso Robles3 $942 $942 $2,920 $2,920 Richmond $1,744 $1,744 $1,543 $1,267 Fremont4 $2,569 $1,483 $2,569 $1,483 Notes: 1. Reflects fees for Single Family homes greater than 3,000 sq. ft. and Multi-Family homes greater than 900 sq. ft. 2. Community Facilities Fee may include Library and Community Centers. 3. General Government Fee may include Community Facilities. 4. General Capital Facilities Fee may include Library and Community Centers. City of Palo Alto Page 7 Chart 2. Comparable Library and Community Center Development Impact Fees The City Council has broad discretion in determining fee schedules, as long as set at or below the maximum amounts. Council may wish to consider the funding needed to implement improvements, the effect of fees on the financial feasibility of development, and comparability with other communities, among other factors. If Council were to decide to adopt a tiered approach to implementation, fee levels could be gradually increased over a four-year period as shown in Table 6. Table 6. Tiered Fee Approach Park Fee FY 2021-22 Community Center Fee FY 2021-22 Library Fee FY 2021-22 Total Fees FY 2021-22 Park Fee FY 2022-23 Community Center Fee FY 2022-23 Library Fee FY 2022-23 Total Fees FY 2022-23 Single Family $14,355 $1,110 $661 $16,126 $28,710 $2,219 $1,323 $32,252 Multi-Family $10,617 $821 $489 $11,927 $21,234 $1,641 $978 $23,853 Commercial/Industrial (per 1,000 SF)$4,209 $325 $194 $4,728 $8,418 $651 $388 $9,457 Hotel/Motel (per 1,000 SF)$717 $55 $33 $805 $1,433 $111 $66 $1,610 Park Fee FY 2023-24 Community Center Fee FY 2023-24 Library Fee FY 2023-24 Total Fees FY 2023-24 Park Fee FY 2024-25 Community Center Fee FY 2024-25 Library Fee FY 2024-25 Total Fees FY 2024-25 Single Family $43,065 $3,329 $1,984 $48,378 $57,420 $4,438 $2,645 $64,504 Multi-Family $31,851 $2,462 $1,467 $35,780 $42,468 $3,283 $1,956 $47,707 Commercial/Industrial (per 1,000 SF)$12,628 $976 $582 $14,185 $16,837 $1,301 $776 $18,914 Hotel/Motel (per 1,000 SF)$2,150 $166 $99 $2,415 $2,866 $222 $132 $3,220 Land Use 75% of Proposed Maximum Fee 100% of Proposed Maximum Fee Land Use 25% of Proposed Maximum Fee 50% of Proposed Maximum Fee City of Palo Alto Page 8 Apart from the three impact fees, the City has a Park land dedication or in lieu fee. In general, when residential subdivisions are created, this provision requires the developer to dedicate land for parks or alternatively pay a fee. The fee is calculated based on the formula outlined in section 21.50.080 of the municipal code, which itself is based on the fair market value of land. The fair market value (FMV) was last set in 2006 at $3.9 M per acre. The FMV has been adjusted each year by the Construction Cost Index (CCI) for calculating annual fee updates. To harmonize the FMV of land of this fee with the impact fees, the ordinance attached will update the FMV to $5.7 million per acre. This ordinance will take effect upon approval of the impact fees which are anticipated to be approved as part of the FY2022 budget process. Timeline Based on Council recommendation and approval, new fee levels will be adopted as part of the FY 2022 annual budget process. Impact fee ordinances require formal public notice and do not become effective until 60 days after adoption on a second reading. Resource Impact Development Impact Fees provide funding for capital improvements to mitigate the impacts of new development in the community. The revenues received each year vary based on the amount of residential and non-residential development occurring in Palo Alto during that timeframe. Revenue adjustments will be brought forward in the annual budget process as appropriate to recognize the impacts of any fee updated and adopted by the City Council. According to the FY 2019-20 Annual Status Report on the Development Impact Fees Schedule (CMR #11746), a total of approximately $583,573 was collected in Park, Community Center, and Library fees. DTA projects that the total fee revenues will increase by a minimum of two times should the maximum fee levels be approved and adopted as new fees. Please see Table 7 below for more detail. Table 7. Current and Projected Revenues Fee Category Total Revenues Collected FY 2019-20201 Total Projected Annual Revenues2 Park $402,902 $1,208,706 Community Center $134,638 $201,957 Library $46,033 $69,050 Total $583,573 $1,479,713 Notes: 1. Total revenues collected reflect last available report as of period ending June 30, 2020. 2. Figures are an approximation and subject to change. City of Palo Alto Page 9 Stakeholder Engagement The Community Services and Library departments have presented this report to the Finance Committee on December 15, 2020 (Minutes) and the Parks and Recreation Commission (PRC) for review. Policy Implications City Council has the authority to charge new development for its relative share of the cost of specific public facilities, as calculated based on a nexus study. Council also has the authority, for policy reasons, to restructure fees based on articulated City policies. The information provided in this report allows Council to take the next step towards reevaluating and adjusting the City’s Development Impact Fees for Library and Community Services. Environmental Review The recommended actions are not considered a Project as defined by the California Environmental Quality Act pursuant to CEQA regulation 15061(b)(3). The projects associated with these fees have been fully analyzed as part of the City’s 2030 Comprehensive Plan and its EIR, as well as the City’s Parks and Open Space Master Plan and its Mitigated Negative Declaration and no further CEQA analysis is necessary. Attachments: • Attachment A: Palo Alto Park, Community Center, and Library Development Impact Fee Justification Study • Attachment B: Ordinance Amending PAMC Section 21.50.070 to Update the Fair Market Value of Land for the Park Land Fees In Lieu of Dedication Fee I. Inventory of Existing Park Facilities Facility Facility Units Quantity City Parks Acres 174.10 Natural Open Space Acres 4,030.00 Recreation Facilities (Courts, Play Areas, Ball Fields, etc.) Integrated Facilities 154.00 Special Recreation Facilities (Winter Lodge, Gamble Garden, King Plaza) Acres 4.33 Bayland Preserve Capital Improvements Integrated Facilities 1.00 Integrated Facilities 1.00 II. Existing Recreation and Park Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 42,392 15,443 2.75 1.00 15,443 Multi-Family 24,992 12,310 2.03 0.74 9,104 Commercial/Industrial (per 1,000 SF) 18,772 23,323 0.80 0.29 6,839 Hotel/Motel (per 1,000 SF)216 1,577 0.14 0.05 79 Total 86,372 52,653 NA NA 31,465 III. Existing Facility Standard Facility Type Facility Units Quantity Facility Units per 1,000 Persons Served City Parks Acres 174.10 2.02 Natural Open Space Acres 4,030.00 46.66 Recreation Facilities (Courts, Play Areas, Ball Fields, etc.) Integrated Facilities 154.00 1.78 Special Recreation Facilities (Winter Lodge, Gamble Garden, King Plaza) Acres 4.33 0.05 Bayland Preserve Capital Improvements Integrated Facilities 1.00 0.01 Integrated Facilities 1.00 0.01 IV. Future Recreation and Park Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 6,911 2,517 2.75 1.00 2,517 Multi-Family 4,074 2,007 2.03 0.74 1,484 Commercial/Industrial (per 1,000 SF) 1,946 2,418 0.80 0.29 709 Hotel/Motel (per 1,000 SF)22 164 0.14 0.05 8 Total 12,953 7,106 NA NA 4,719 V. Future Facility Standard Facility Type [4] Facility Units Facility Units per 1,000 Persons Served Facility Units Funded by Future Development City Parks Acres 2.02 26.11 Natural Open Space Acres 46.66 604.38 Recreation Facilities (Courts, Play Areas, Ball Fields, etc.) Integrated Facilities 1.78 23.10 Special Recreation Facilities (Winter Lodge, Gamble Garden, King Plaza) Acres 0.05 0.65 Bayland Preserve Capital Improvements Integrated Facilities 0.01 0.15 Foothills Park Capital Improvements Integrated Facilities 0.01 0.15 VI. Park and Open Space Summary Cost Data Facility Type [5]Facility Units Facility Units Funded by Future Development Land Acquisition per Acre Acres Being Developed Park Development per Acre [6] Planning and Design per Acre [7]Administration (5%) [8] Total Facility Cost for New Development Cost per EDU City Parks Acres 26.11 $5,700,000 26.11 $1,406,530 $84,392 $70,327 $189,590,784 $40,177.63 Natural Open Space Acres 604.38 $57,000 604.38 $40,000 $2,400 $2,000 $61,284,430 $12,987.25 Total $250,875,213 $53,164.88 VII. Parks & Recreation Facility Cost Summary Facility Type Facility Units Current Development Future Development Buildout Persons Served Population Facility Units per 1,000 Persons Served Facilities Funded by Future Development Facility Cost Total Facilities for Future Development Cost per EDU Recreation Facilities (Courts, Play Areas, Ball Fields, etc.) Integrated Facilities 154 23.10 99,326 1.78 23.10 $663,173 $15,316,334 $3,245.80 Special Recreation Facilities (Winter Lodge, Gamble Garden, King Plaza) Acres 4.33 0.65 99,326 0.05 0.65 $6,693,925 $4,346,862 $921.18 Bayland Preserve Capital Improvements Integrated Facilities 1.00 0.15 99,326 0.01 0.15 $25,000,000 $3,749,274 $794.54 Foothills Park Capital Improvements Integrated Facilities 1.00 0.15 99,326 0.01 0.15 $15,000,000 $2,249,564 $476.72 Offsetting Revenues ($5,583,312) ($1,183.20) Total $47,357,098 $20,078,723 $4,255.03 Parks LOS Facilities Fee Total $57,419.91 Notes: [1]Employee Adjustment Factor of 19.63% has been applied to capture the reduced hours of facilities usage for an employee compared to a resident. [2]Population estimates based on California Dept. of Finance, Demographic Research Unit - Report E-5 January 1, 2020. [3]Persons Served per Unit based on U.S. Census Bureau's American Community Survey (ACS) 2018. [4]Estimates based on current Park inventory as identified within the Palo Alto Parks, Trails, Natural Open Space, and Recreation Master Plan. [5]Estimates based on cost assumptions for Park improvement costs provided by City of Palo Alto. [6]Park development costs have been escalated to Fiscal Year 2019 according to the Construction Cost Index (CCI). [7]Planning and Design Costs have been estimated to be approximately 6% of development costs, as seen in other California communities. [8]Administration costs have been estimated at 5% to appropriately reflect City staff's time. APPENDIX A-1 CITY OF PALO ALTO PARK DEVELOPMENT IMPACT FEE CALCULATION Foothills Park Capital Improvements Foothills Park Capital Improvements I. Inventory of Existing Community Center Facilities Facility Facility Units Quantity Cubberley Community Center Square Feet 65,046 Lucie Stern Community Center Square Feet 12,203 Mitchell Park Community Center Square Feet 15,000 Palo Alto Art Center Square Feet 23,000 Junior Museum and Zoo Square Feet 45,071 Improvements, Upgrades, and Renovations Integrated Unit 5 Building Master Plans Integrated Unit 5 II. Existing Community Center Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 42,392 15,443 2.75 1.00 15,443 Multi-Family 24,992 12,310 2.03 0.74 9,104 Commercial/Industrial (per 1,000 SF) 18,772 23,323 0.80 0.29 6,839 Hotel/Motel (per 1,000 SF)216 1,577 0.14 0.05 79 Total 86,372 52,653 NA NA 31,465 III. Existing Facility Standard Facility Type Facility Units Quantity Facility Units per 1,000 Persons Served Cubberley Community Center Square Feet 65,046 753.09 Lucie Stern Community Center Square Feet 12,203 141.28 Mitchell Park Community Center Square Feet 15,000 173.67 Palo Alto Art Center Square Feet 23,000 266.29 Junior Museum and Zoo Square Feet 45,071 521.82 Improvements, Upgrades, and Renovations Integrated Unit 5 0.06 Building Master Plans Integrated Unit 5 0.06 IV. Future Community Center Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 6,911 2,517 2.75 1.00 2,517 Multi-Family 4,074 2,007 2.03 0.74 1,484 Commercial/Industrial (per 1,000 SF)1,946 2,418 0.80 0.29 709 Hotel/Motel (per 1,000 SF)22 164 0.14 0.05 8 Total 12,953 7,106 NA NA 4,719 V. Future Facility Standard Facility Type [4] Facility Units Facility Units per 1,000 Persons Served Facility Units Funded by Future Development Cubberley Community Center Square Feet 753.09 9,755.01 Lucie Stern Community Center Square Feet 141.28 1,830.10 Mitchell Park Community Center Square Feet 173.67 2,249.56 Palo Alto Art Center Square Feet 266.29 3,449.33 Junior Museum and Zoo Square Feet 521.82 6,759.34 Improvements, Upgrades, and Renovations Integrated Unit 0.06 0.75 Building Master Plans Integrated Unit 0.06 0.75 VI. Community Center Summary Cost Data Facility Type [5]Facility Units Facility Units Funded by Future Development Cost Per Unit Total Facility Cost for Future Development Cost per EDU Cubberley Community Center Square Feet 9,755.01 $629 $6,135,363 $1,300.19 Lucie Stern Community Center Square Feet 1,830.10 $629 $1,151,029 $243.92 Mitchell Park Community Center Square Feet 2,249.56 $629 $1,414,852 $299.83 Palo Alto Art Center Square Feet 3,449.33 $629 $2,169,439 $459.74 Junior Museum and Zoo Square Feet 6,759.34 $718 $4,856,117 $1,029.10 Improvements, Upgrades, and Renovations Integrated Unit 0.75 $12,469,894 $9,350,609 $1,981.56 Building Master Plans Integrated Unit 0.75 $171,692 $128,744 $27.28 Total $25,206,154 $5,341.63 VII. Community Center Facility Cost Summary Facility Type Facility Units Current Development Future Development Buildout Persons Served Population Facility Units per 1,000 Persons Served Facilities Funded by Future Development Facility Cost Total Facilities for Future Development Cost per EDU Cubberley Community Center Square Feet 65,046 9,755.01 99,326 753.09 9,755.01 $629 $6,135,363 $1,300.19 Lucie Stern Community Center Square Feet 12,203 1,830.10 99,326 141.28 1,830.10 $629 $1,151,029 $243.92 Mitchell Park Community Center Square Feet 15,000 2,249.56 99,326 173.67 2,249.56 $629 $1,414,852 $299.83 Palo Alto Art Center Square Feet 23,000 3,449.33 99,326 266.29 3,449.33 $629 $2,169,439 $459.74 Junior Museum and Zoo Square Feet 45,071 6,759.34 99,326 521.82 6,759.34 $718 $4,856,117 $1,029.10 Improvements, Upgrades, and Renovations Integrated Unit 5 0.75 99,326 0.06 0.75 $12,469,894 $9,350,609 $1,981.56 Building Master Plans Integrated Unit 5 0.75 99,326 0.06 0.75 $171,692 $128,744 $27.28 Offsetting Revenues ($4,261,898) ($903.17) Total $12,644,820 $20,944,256 $4,438.46 Community Center LOS Facilities Fee Total $4,438.46 Notes: [1]Employee Adjustment Factor of 19.63% has been applied to capture the reduced hours of facilities usage for an employee compared to a resident. [2]Population estimates based on California Dept. of Finance, Demographic Research Unit - Report E-5 January 1, 2020. [3]Persons Served per Unit based on U.S. Census Bureau's American Community Survey (ACS) 2018. [4]Estimates based on current Community Center inventory as identified within the Palo Alto Parks, Trails, Natural Open Space, and Recreation Master Plan. [5]Estimates based on cost assumptions for Community Center improvement costs provided by City of Palo Alto. APPENDIX A-2 CITY OF PALO ALTO COMMUNITY CENTER DEVELOPMENT IMPACT FEE CALCULATION I. Inventory of Existing Library Facilities Facility Facility Units Quantity Children's Library (1276 Harriet) Square Feet 6,043 College Terrace Library (2300 Wellesley) Square Feet 2,392 Downtown Library (270 Forest Ave.) Square Feet 9,046 Mitchell Library (3700 Middlefield) Square Feet 41,000 Rinconada Library (1213 Newell) Square Feet 29,608 Furniture, Fixtures & Equipment Integrated Unit 5 Volumes Volumes 485,157 Technology Upgrades Integrated Unit 5 II. Existing Library Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 42,392 15,443 2.75 1.00 15,443 Multi-Family 24,992 12,310 2.03 0.74 9,104 Commercial/Industrial (per 1,000 SF) 18,772 23,323 0.80 0.29 6,839 Hotel/Motel (per 1,000 SF)216 1,577 0.14 0.05 79 Total 86,372 52,653 NA NA 31,465 III. Existing Facility Standard Facility Type Facility Units Quantity Facility Units per 1,000 Persons Served Children's Library (1276 Harriet) Square Feet 6,043 69.96 College Terrace Library (2300 Wellesley) Square Feet 2,392 27.69 Downtown Library (270 Forest Ave.) Square Feet 9,046 104.73 Mitchell Library (3700 Middlefield) Square Feet 41,000 474.69 Rinconada Library (1213 Newell) Square Feet 29,608 342.80 Furniture, Fixtures & Equipment Integrated Unit 5 0.06 Volumes Volumes 485,157 5,617.05 Technology Upgrades Integrated Unit 5 0.06 IV. Future Library Facilities EDU Calculation Land Use Type Number of Persons Served [1] Number of Units/ Non-Res 1,000 SF [2] Residents per Unit/ Persons Served per 1,000 Non-Res. SF [3] EDUs per Unit/ per 1,000 Non-Res SF Total Number of EDUs Single Family 6,911 2,517 2.75 1.00 2,517 Multi-Family 4,074 2,007 2.03 0.74 1,484 Commercial/Industrial (per 1,000 SF) 1,946 2,418 0.80 0.29 709 Hotel/Motel (per 1,000 SF)22 164 0.14 0.05 8 Total 12,953 7,106 NA NA 4,719 V. Future Facility Standard Facility Type [4] Facility Units Facility Units per 1,000 Persons Served Facility Units Funded by Future Development Children's Library (1276 Harriet) Square Feet 69.96 906.27 College Terrace Library (2300 Wellesley) Square Feet 27.69 358.73 Downtown Library (270 Forest Ave.) Square Feet 104.73 1,356.64 Mitchell Library (3700 Middlefield) Square Feet 474.69 6,148.81 Rinconada Library (1213 Newell) Square Feet 342.80 4,440.34 Furniture, Fixtures & Equipment Integrated Unit 0.06 0.75 Volumes Volumes 5,617.05 72,759.46 Technology Upgrades Integrated Unit 0.06 0.75 VI. Library Summary Cost Data Facility Type [5]Facility Units Facility Units Funded by Future Development Cost Per Unit Total Facility Cost for New Development Cost per EDU Children's Library (1276 Harriet) Square Feet 906.27 $629 $569,997 $120.79 College Terrace Library (2300 Wellesley) Square Feet 358.73 $629 $225,622 $47.81 Downtown Library (270 Forest Ave.) Square Feet 1,356.64 $629 $853,250 $180.82 Mitchell Library (3700 Middlefield) Square Feet 6,148.81 $629 $3,867,262 $819.54 Rinconada Library (1213 Newell) Square Feet 4,440.34 $629 $2,792,729 $591.83 Furniture, Fixtures & Equipment Integrated Unit 0.75 $500,000 $374,927 $79.45 Volumes Volumes 72,759.46 $50 $3,637,973 $770.95 Technology Upgrades Integrated Unit 0.75 $500,000 $374,927 $79.45 Total $12,696,686 $2,690.65 VII. Library Facility Cost Summary Facility Type Facility Units Current Development Future Development Buildout Persons Served Population Facility Units per 1,000 Persons Served Facilities Funded by Future Development Facility Cost Total Facilities for Future Development Cost per EDU Children's Library (1276 Harriet) Square Feet 6,043 906.27 99,326 69.96 906.27 $629 $569,997 $120.79 College Terrace Library (2300 Wellesley) Square Feet 2,392 358.73 99,326 27.69 358.73 $629 $225,622 $47.81 Downtown Library (270 Forest Ave.) Square Feet 9,046 1,356.64 99,326 104.73 1,356.64 $629 $853,250 $180.82 Mitchell Library (3700 Middlefield) Square Feet 41,000 6,148.81 99,326 474.69 6,148.81 $629 $3,867,262 $819.54 Rinconada Library (1213 Newell) Square Feet 29,608 4,440.34 99,326 342.80 4,440.34 $629 $2,792,729 $591.83 Furniture, Fixtures & Equipment Integrated Unit 5 0.75 99,326 0.06 0.75 $500,000 $374,927 $79.45 Volumes Volumes 485,157 72,759.46 99,326 5617.05 72,759.46 $50 $3,637,973 $770.95 Technology Upgrades Integrated Unit 5 0.75 99,326 0.06 0.75 $500,000 $374,927 $79.45 Offsetting Revenues ($214,779) ($45.52) Total $1,003,195 $12,481,907 $2,645.14 Library Facilities Fee Total $2,645.14 Notes: [1]Employee Adjustment Factor of 19.63% has been applied to capture the reduced hours of facilities usage for an employee compared to a resident. [2]Population estimates based on California Dept. of Finance, Demographic Research Unit - Report E-5 January 1, 2020. [3]Persons Served per Unit based on U.S. Census Bureau's American Community Survey (ACS) 2018. [4]Estimates based on current Library inventory as identified within the Palo Alto Parks, Trails, Natural Open Space, and Recreation Master Plan. [5]Estimates based on cost assumptions for Library improvement costs provided by City of Palo Alto. APPENDIX A-3 CITY OF PALO ALTO LIBRARY DEVELOPMENT IMPACT FEE CALCULATION Service Factor (Residents and Employees) Residents per Unit/** Number of Adjusted Adjusted Persons Served EDUs per Unit/Estimated Number of Land Use Type Persons Served*Persons Served per 1,000 Non-Res. SF per 1,000 Non-Res. SF Units/Non-Res. SF Total EDUs Single Family 42,392 100%42,392 2.75 1.00 15,443 15,443 Multi-Family 24,992 100%24,992 2.03 0.74 12,310 9,104 Commercial/Industrial (per 1,000 SF)95,653 19.63%18,772 0.80 0.29 23,322,578 6,839 Hotel/Motel (per 1,000 SF)1,101 19.63%216 0.14 0.05 1,577,422 79 Total 164,138 31,465 * Source: David Taussig & Associates; U.S. Census Bureau (ACS); City of Palo Alto Comprehensive Plan Update. ** Persons Served = Residents plus 20% of Employees, customary industry practice designed to capture the reduced levels of service demanded by employees. Subject to change. Service Factor (Future Residents and Employees) Residents per Unit/** Number of Adjusted Adjusted Persons Served EDUs per Unit/Estimated Number of Land Use Type Persons Served*Persons Served per 1,000 Non-Res. SF per 1,000 Non-Res. SF Units/Non-Res. SF Total EDUs Single Family 6,911 100%6,911 2.75 1.00 2,517 2,517 Multi-Family 4,074 100% 4,074 2.03 0.74 2,007 1,484 Commercial/Industrial (per 1,000 SF)9,916 19.63% 1,946 0.80 0.29 2,417,876 709 Hotel/Motel (per 1,000 SF)114 19.63% 22 0.14 0.05 163,533 8 Total 21,015 4,719 * Source: David Taussig & Associates; California Dept. of Finance, Demographic Research Unit - Report E-5 May 1, 2020. ** Persons Served = Residents plus 20% of Employees, customary industry practice designed to capture the reduced levels of service demanded by employees. Subject to change. Number of Potential Recreation Number of Work Hours Per Weekend Days Potential Recreation Hours Percentage of User of Facilities Hours per Work Day Days per Week Weekend Day Per Week Per Week Per Person Household Population Person Hours Employee User Percentage Resident, non-working 10 5 10 2 70 52.38% 37 NA Resident, working 2 5 10 2 30 47.62% 14 NA Employee 2 5 0 0 10 NA 10 19.63% City of Palo Alto Household Population 67,384 City of Palo Alto Labor Force 32,085 Employee Percentage of Household Population 47.62% APPENDIX A-4 CITY OF PALO ALTO EDU & EBU CALCULATION YEAR TO BUILD-OUT (2040) Total Hours of Potential Park, Community Center, and Library Usage per Week Existing EDU Calculation (FY 2020) Future EDU Calculation (FY 2040) Employment Adjustment Factor Employment Adjustment Factor *NOT YET APPROVED* 1 0223_20210223_ts24 Ordinance No. ___ Ordinance of the Council of the City of Palo Alto Amending Section 21.50.070 (Calculation of fair market value) of Chapter 21.50 (Park Land Dedication or Fees In Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of Land) to Update the Fair Market Value of Land. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: 1. Pursuant to local law and the state Quimby Act (see Gov. Code section 66477 et seq.), the City requires park land dedication or fees in lieu thereof when creating a subdivision as detailed in Palo Alto Municipal Code chapter 21.50; 2. The City Council approved a Park, Community Center, and Library Development Impact Fee Justification Study on March 8, 2021 in which it was determined that the fair market value of land for acquisition for City parks is $5.7 million per acre in Palo Alto; and 3. The City Council now desires to update the fair market value per acre of land for the purposes of Chapter 21.50 to $5.7 million per acre. SECTION 2. Subsection (b) of Section 21.50.070 (Calculation of fair market value) of Chapter 21.50 (Park Land Dedication or Fees In Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of Land) is hereby amended as follows (new text in underline, deleted text in strikethrough): 21.50.070 Calculation of fair market value. (a) At the time of submission a final subdivision map for approval, the city shall, in those cases where a fee in lieu of dedication is required either in whole or in part, determine the fair market value of the land in the proposed residential development, and this determination shall be used in calculating the fee to be paid. If the developer objects to the fair market value, the city, at developer's expense, shall obtain an appraisal of the property by a qualified independent real estate appraiser, agreed to by the city and the developer, and the value established by said appraiser using standard recognized appraisal techniques to establish fair market value will be accepted as the fair market value of the land in the proposed development. Alternatively, the city and the developer may agree as to the fair market value. (b) The fair market value per acre of land for the purposes of the calculation in § 21.50.080 is $3.9 $5.7 million per acre. (c) The rate of the fee shall be subject to annual adjustment for inflation pursuant to Section 16.64.110. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without *NOT YET APPROVED* 2 0223_20210223_ts24 regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds this ordinance to update this fee is not considered a Project as defined by the California Environmental Quality Act pursuant to CEQA regulation 15061(b)(3). The projects associated with this fee have been fully analyzed as part of the City’s 2030 Comprehensive Plan and its EIR, as well as the City’s Parks and Open Space Master Plan and its Mitigated Negative Declaration and no further CEQA analysis is necessary. SECTION 5. This Ordinance shall be effective upon the effective date of the revised Parks, Open Space, and Library impact fees anticipated to be approved with the City’s fiscal year 2022 budget, but in no case shall the ordinance be effective less than thirty-one days after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services City of Palo Alto (ID # 11749) City Council Staff Report Report Type: Informational Report Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Sales Tax Digest Summary 2020 Q3 (Calendar) Title: City of Palo Alto Sales Tax Digest Summary for the Third (Calendar) Quarter of 2020 (July-September) From: City Manager Lead Department: Administrative Services Information The City’s sales tax cash receipt of $6.5 million for the third quarter (July to September 2020) is $2.2 million (25.1 percent) lower than the same quarter of the prior year (see Chart # 5 of Attachment A). This decline is not the same as an economic performance since there are timing differences in payment receipts partially due to the state providing COVID-19 relief to some business that began in the prior quarter. The economy declined 24.9 percent this quarter (see Chart # 6 of Attachment A). For the last four consecutive quarters (October 2019 to September 2020), sales tax cash receipts for the City were -22.5 percent compared to the prior four quarters. The percent change in cash receipts for this report quarter was -4.1 percent statewide, -2.7 percent in Northern California and -5.1 percent in Southern California. Palo Alto’s businesses were impacted more than the state. The Long Range Financial Forecast, presented to the City Council on February 8, 2021 (CMR 11954), further discussed the future outlook of sales tax receipts. The FY 2021 Adopted Budget was developed based on unknown length and depth of the public health emergency and uncertainty of the economic impact of the pandemic. Mid-year adjustments to sales tax revenues are scheduled to be presented to Council on March 1st (CMR 11872). While FY 2021 is trending above current FY 2021 Adopted Budget estimates, information from economists and the City’s sales tax consultant expect a 3-5 year recovery before this revenue returns to pre-COVID levels. The following graphs illustrate the economic impacts of this quarter by geographic area and by industry category. Attachment D contains details of these geographic areas for the third quarter of 2020 and 2019. The largest impacts are in the Greater Downtown (University Avenue) Business District, California Avenue Business District, and Stanford Shopping Center, while General Retail and Food Products are the most impacted industry categories. These charts, including comparison to 2019 Q3, can be found in Attachment D. City of Palo Alto Page 2 City of Palo Alto Page 3 Attachments: • Attachment A: Avenu Q3 Sales Tax Digest Summary • Attachment B: Economic Categories and Segments • Attachment C: Governor Newsoms State of California FY 2021-22 Proposed Budget • Attachment D: Sales and Use Tax Receipts by Geographic Areas and Category City of Palo Alto Sales Tax Digest Summary Collections through December 2020 Sales through September 2020 (2020Q3) www.avenuinsights.com (800)800-8181 Page 1 California Overview The percent change in cash receipts was ‐4.1% statewide, ‐2.7% in Northern California and ‐5.1% in Southern California for the quarter ending in 3rd Quarter 2020. The period’s, cash receipts include tax from business activity during the period, payments for prior periods and other cash adjustments. When we adjust for non‐period related payments, we determine the overall business activity decreased for by ‐10.0% statewide, ‐11.3% in Southern California and ‐8.3% in Northern California for the year ending in 3rd Quarter 2020. City of Palo Alto For the year ended 3rd Quarter 2020, sales tax cash receipts for the City were ‐20.2% from the prior year. On a quarterly basis, sales tax revenues decreased by 25.1% from 3rd Quarter 2019 to 3rd Quarter 2020. The period’s cash receipts include tax from business activity during the period, payments for prior periods and other cash adjustments. Note: As a result of the extension program, some payments for 2nd quarter economic activity were paid in the 3rd Quarter. It is important to recognize that the state offered small businesses a 90 day extension to pay their 2nd Quarter 2020 taxes (to alleviate some of the short‐term economic difficulties of the pandemic), and some businesses had partial or no payment for the 2nd Quarter. Thus, the 32.5% decrease for the 2nd quarter includes decreases related to the state 90‐day extension program and actual 2nd Quarter economic activity did not decline to this extent. Regional Overview The following Chart 1 shows benchmark year amounts which means that it shows a full year of calendar fourth quarter Q4 2019 through Q3 2020 which is then compared to Q4 2018 through Q3 2019 (benchmark years are rolling annual comparisons through the current quarter). The decrease is different between the state and Palo Alto because the sales tax from businesses in Palo Alto were more impacted than those statewide. This chart and the ones on pages five and six also exclude county pools and adjustments. The county pool is largely internet sales tax and other types of use tax which are not ‘brick and mortar’ local businesses – the county pool revenue amounts are generated through a formula based upon the city’s sales tax receipts for the quarter as a percentage of the counties total sax tax receipts for all jurisdictions within the county. This is then applied to all the outside of jurisdiction tax received for the entire county. Adjustments are cash adjustments for things like late payments, audit adjustments, etc. ATTACHMENT A City of Palo Alto www.avenuinsights.com (800) 800-8181 Page 2 % of Total / % Change PALO ALTO California Statewide S.F. Bay Area Sacramento Valley Central Valley South Coast Inland Empire North Coast Central Coast General Retail 26.1 / ‐32.4 26.2 / ‐13.5 23.4 / ‐21.9 26.3 / ‐4.8 31.96 / 4.2 26.4 / ‐15.9 25.7 / ‐8.2 27.7 / ‐2 25.99 / ‐20.6 Food Products 14.2 / ‐33.3 19.94 / ‐18.4 20.7 / ‐24.3 16.3 / ‐11.2 15.2 / ‐9.5 21.6 / ‐19.1 17.4 / ‐11.2 22.9 / ‐0.5 30.35 / ‐22.4 Transportation 20.8 / ‐26.2 23.57 / ‐12.2 21.1 / ‐20.3 27.8 / ‐6.2 23.4 / ‐11.3 23.6 / ‐11 25.4 / ‐7.8 25.8 / ‐3.3 23.28 / ‐8.4 Business to Business 36.4 / 3.3 18.0 / ‐11.1 22.0 / ‐8.9 15.1 / ‐3.3 16.8 / ‐5.2 17.5 / ‐15.4 16.3 / ‐6.4 8.4 / ‐11.2 10.37 / ‐5.2 Misc/Other 2.5 / ‐33.1 12.28 / ‐4.2 12.77 / ‐8.3 14.46 / 0.3 12.53 / 1.6 10.81 / ‐5.5 15.26 / ‐0.6 15.21 / 6.6 10.01 / ‐3.3 Total 100.0 / ‐21.3 100 / ‐12.8 100.0 / ‐18.0 100 / ‐5.4 100 / ‐3.9 100 / ‐14.4 100 / ‐7.3 100 / ‐1.6 100 / ‐15.6 City of Palo Alto California Statewide S.F. Bay Area Sacramento Valley Central Valley South Coast Inland Empire North Coast Central Coast Largest Segment Auto Sales ‐ New Restaurants Restaurants Auto Sales ‐ New Department Stores Restaurants Department Stores Restaurants Restaurants % of Total / % Change 17.4 / ‐26.9 13.2 / ‐24.6 13.5 / ‐31.9 11.9 / ‐2.9 12.1 / ‐0.5 14.8 / ‐25.2 11.2 / 1.7 16.9 / ‐4.4 19.9 / ‐29.5 2nd Largest Segment Leasing Auto Sales ‐ New Auto Sales ‐ New Department Stores Restaurants Auto Sales ‐ New Restaurants Department Stores Auto Sales ‐ New % of Total / % Change 15.0 / 32.5 11.0 / ‐8.4 10.9 / ‐18.4 11.5 / 6.2 9.4 / ‐14.5 11.6 / ‐5.4 10.7 / ‐14 11.2 / ‐0.7 13 / 3.8 3rd Largest Segment Office Equipment Department Stores Department Stores Restaurants Auto Sales ‐ New Department Stores Auto Sales ‐ New Auto Sales ‐ New Food Markets % of Total / % Change 13.5 / ‐9.8 9.3 / ‐6.1 7.3 / ‐13.5 10.3 / ‐16.9 9.1 / ‐9.2 8.9 / ‐8.9 10.1 / ‐3.3 9.1 / 38.4 / ‐5.3 *** Not specified to maintain confidentiality of tax information ECONOMIC CATEGORY ANALYSIS FOR YEAR ENDED 3rd Quarter 2020 ECONOMIC SEGMENT ANALYSIS FOR YEAR ENDED 3rd Quarter 2020 $‐ $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 Quarterly Benchmark Year Chart # 1 Regional Overview Chart Chart # 2 Gross Historical Sales Tax Performance by Benchmark Year and Quarter (Before Adjustments) City of Palo Alto www.avenuinsights.com (800) 800-8181 Page 3 Anderson Honda Lucile Packard Children'S Hospital Space Systems Loral Apple Stores Macy's Department Store Stanford Outpatient Clinic Pharmacy Audi Palo Alto Magnussen's Toyota Of Palo Alto Tesla Dell Marketing Neiman Marcus Department Store Tesla Lease Trust Hengehold Trucks Nordstrom Department Store Tiffany & Company Hermes Richemont Valero Service Stations Houzz Shop Shell Service Stations Varian Medical Systems HP Enterprise Services Shreve & Co. Volvo Cars Palo Alto Louis Vuitton Chart # 3 Net Cash Receipts for Benchmark Year 3rd Quarter 2020: $27,858,150 *Benchmark year (BMY) is the sum of the current and 3 previous quarters (2020Q3 BMY is sum of 2020 Q3, 2020 Q2, 2020 Q1, 2019 Q4) Auto Sales ‐New 17.4% Restaurants 12.2% Leasing 15.0% Office Equipment 13.5% Furniture/Appliance 5.2% Department Stores 4.4% All Other 32.3% Net Pools & Adjustments 21.9% TOP 25 SALES/USE TAX CONTRIBUTORS The following list identifies Palo Alto’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order and represents the year ended 3rd Quarter 2020. The Top 25 Sales/Use Tax contributors generate 60.6% of Palo Alto’s total sales and use tax revenue. City of Palo Alto www.avenuinsights.com (800) 800-8181 Page 4 $‐ $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Benchmark Year 2020Q3 Benchmark Year 2019Q3 Chart # 4 Sales Tax from Largest Non‐Confidential Economic Segments City of Palo Alto www.avenuinsights.com (800) 800-8181 Page 5 Cash Category % 2020Q3 2020Q2 2020Q1 2019Q4 2019Q3 2019Q2 2019Q1 2018Q4 2018Q3 2018Q2 2018Q1 General Retail 17.6% 1,138,370 765,625 1,211,917 2,636,327 2,388,272 2,079,939 2,207,765 2,549,003 2,055,636 2,294,429 1,549,793 Business To Business 31.2% 2,020,315 1,939,756 1,988,886 2,413,918 2,022,822 2,038,296 1,514,570 1,894,103 2,323,706 2,137,030 1,636,738 Misc/Other 2.7% 176,700 113,011 ‐118,743 46,154 31,625 354,786 150,963 455,247 166,341 169,316 345,559 Food Products 10.3% 667,914 664,311 664,464 1,237,071 1,219,147 1,317,890 1,186,110 1,297,632 1,233,668 1,166,362 1,107,654 Transportation 17.6% 1,138,832 1,001,301 954,378 1,654,426 1,367,877 1,597,928 1,265,452 2,217,713 2,071,973 1,185,150 1,177,650 Net Pools & Adjustments 20.6% 1,333,259 1,640,141 223,252 2,004,397 1,619,094 1,688,276 1,208,826 1,820,850 2,139,510 1,191,568 ‐183,952 Total 100.0% 6,475,389 6,124,145 4,924,153 9,992,293 8,648,838 9,077,115 7,533,685 10,234,548 9,990,833 8,143,857 5,633,442 Cash Segments % 2020Q3 2020Q2 2020Q1 2019Q4 2019Q3 2019Q2 2019Q1 2018Q4 2018Q3 2018Q2 2018Q1 Miscellaneous/Other 42.0% 2,718,476 2,467,685 2,259,531 3,433,074 3,185,862 3,002,014 2,281,435 3,001,222 3,159,559 2,820,373 2,568,829 Auto Sales ‐ New 14.6% 948,495 869,982 777,399 1,389,232 1,109,111 1,349,991 1,035,150 1,947,788 1,764,288 1,013,460 953,775 Restaurants 8.7% 560,712 584,564 550,809 1,097,076 1,095,771 1,182,947 1,055,921 1,131,697 1,102,007 1,035,097 990,471 Apparel Stores 4.2% 270,692 98,794 245,922 571,143 434,481 488,810 443,141 683,545 437,258 444,520 360,406 Department Stores 2.9% 185,742 29,842 245,948 555,533 430,761 453,660 419,109 599,797 476,002 756,447 143,999 Miscellaneous Retail 2.8% 181,553 229,455 249,633 491,098 408,770 466,626 586,221 522,717 431,560 424,927 427,200 Business Services 1.4% 88,829 60,529 151,872 164,431 90,629 168,221 245,197 211,243 159,075 208,381 127,465 Service Stations 1.6% 103,033 83,088 123,284 178,061 179,237 173,369 161,746 194,561 227,544 130,836 153,096 Food Markets 1.3% 84,599 60,064 96,504 108,248 95,122 103,203 96,939 121,128 94,032 118,248 92,152 Net Pools & Adjustments 20.6% 1,333,259 1,640,141 223,252 2,004,397 1,619,094 1,876,055 1,214,253 1,820,850 2,139,510 1,191,568 ‐183,952 Total 100.0% 6,475,389 6,124,145 4,924,153 9,992,293 8,648,838 9,264,895 7,539,112 10,234,548 9,990,833 8,143,857 5,633,442 Chart # 5 Historical Analysis by Calendar Quarter *Net Pools & Adjustments reconcile economic performance to periods’ net cash receipts. The historical amounts by calendar quarter: (1) include any prior period adjustments and payments in the appropriate category/segment and (2) exclude businesses no longer active in the current period. City of Palo Alto www.avenuinsights.com (800) 800-8181 Page 6 Chart # 6 Quarterly Analysis by Economic Category, Total and Segments: Change from 2019Q3 to 2020Q3 Ge n e r a l Re t a i l F o o d Pr o d u c t s Tr a n s p o r t a t i o n Bu s i n e s s to Bu s i n e s s Mi s c / O t h e r 20 2 0 / 3 To t a l 20 1 9 / 3 To t a l % Ch g La r g e s t Ga i n Se c o n d La r g e s t Ga i n La r g e s t De c l i n e Se c o n d La r g e s t De c l i n e Campbell ‐15.5%‐34.3%‐26.8%‐13.2% 2.5% 2,006,407 2,490,719 ‐19.4% Bldg.Matls ‐Retail Heavy Industry Restaurants Service Stations Cupertino ‐15.5%‐41.0%‐52.0% 51.6%‐48.7% 10,199,576 7,517,974 35.7% Office Equipment Recreation Products Restaurants I.T. Infrastructure Gilroy ‐12.2%‐15.9%‐50.8%‐7.2% 31.2% 3,257,001 4,198,159 ‐22.4% Miscellaneous Other Bldg.Matls‐Retail Auto Sales ‐ New Apparel Stores Los Altos ‐27.5%‐28.0%‐37.3% 40.4%‐55.7% 425,716 582,116 ‐26.9% Office Equipment Business Services Restaurants Service Stations Los Gatos ‐24.0%‐23.4%‐15.1%‐18.2%‐12.3% 1,187,879 1,486,180 ‐20.1% Recreation Products Bldg.Matls ‐Retail Restaurants Miscellaneous Retail Milpitas ‐51.0%‐44.4%‐23.2%‐5.8% 1.6% 4,144,950 5,555,696 ‐25.4% Light Industry Energy Sales Apparel Stores Restaurants Morgan Hill ‐0.4%‐11.5%‐17.8% 74.6% 4.2% 1,980,883 2,051,196 ‐3.4% Heavy Industry Energy Sales Service Stations Restaurants Mountain View ‐25.5%‐30.0%‐20.1%‐49.2%‐16.1% 3,228,023 4,600,315 ‐29.8% Auto Sales ‐ New Bldg.Matls‐Retail Restaurants Business Services Palo Alto ‐45.7%‐45.4%‐17.5% 4.5% 22.1% 5,322,533 7,086,116 ‐24.9% Bldg.Matls‐Whsle Leasing Restaurants Drug Stores San Jose ‐21.5%‐26.2%‐17.5%‐23.1% 3.0% 33,760,743 41,550,272 ‐18.7% Electronic Equipment Bldg.Matls ‐Whsle Restaurants Service Stations Santa Clara ‐26.5%‐49.5%‐7.7% 0.6%‐25.1% 9,827,984 11,595,120 ‐15.2% Office Equipment Auto Sales ‐ New Restaurants Bldg.Matls ‐Whsle County of Santa Clara ‐54.1%‐38.9% 10.8% 16.8%‐27.5% 902,270 1,237,488 ‐27.1% Business Services Light Industry Miscellaneous Retail Restaurants Saratoga ‐28.9%‐33.0%‐22.0%‐41.5%‐36.7% 174,927 252,805 ‐30.8% Business Services Furniture/Appliance Restaurants Miscellaneous Retail Sunnyvale ‐29.4%‐34.7%‐16.8%‐4.1%‐2.9% 4,765,859 5,801,410 ‐17.8% Office Equipment Auto Parts/Repair Restaurants Department Stores Unlike the chart on page 1 which showed a ‘benchmark year’ through Q3 2020, the chart above shows a comparison of one quarter only – Q3 2020 to Q3 2019. Declines are more dramatic for the quarter because it was the one with the primary decline versus the full year. Again, this chart also excludes county pools and adjustments. Economic Categories and Segments Economic Category Economic Segment Description Business to Business ‐ sales of tangible personal property from one business to another business and the buyer is the end user. Also includes use tax on certain purchases and consumables. Business Services Advertising, banking services, copying, printing and mailing services Chemical Products Manufacturers and wholesalers of drugs, chemicals, etc. Electronic Equipment Manufacturers of televisions, sound systems, sophisticated electronics, etc. Energy Sales Bulk fuel sales and fuel distributors and refiners Heavy Industry Heavy machinery and equipment, including heavy vehicles, and manufacturers and wholesalers of textiles and furniture and furnishings Leasing Equipment leasing Light Industry Includes, but is not limited to, light machinery and automobile, truck, and trailer rentals Office Equipment Businesses that sell computers, and office equipment and furniture, and businesses that process motion pictures and film development Construction Building Materials – Retail Building materials, hardware, and paint and wallpaper stores Building Materials ‐ Wholesale Includes, but is not limited to, sheet metal, iron works, sand and gravel, farm equipment, plumbing materials, and electrical wiring Food Products Food Markets Supermarkets, grocery stores, convenience stores, bakeries, delicatessens, health food stores Food Processing Equipment Processing and equipment used in mass food production and packaging Liquor stores Stores that sell alcoholic beverages Restaurants Restaurants, including fast food and those in hotels, and night clubs Attachment B Economic Categories and Segments Economic Category Economic Segment Description General Retail – all consumer focused sales, typically brick and mortar stores Apparel Stores Men’s, women’s, and family clothing and shoe stores Department Stores Department, general, and variety stores Drug Stores Stores where medicines and miscellaneous articles are sold Florist/Nursery Stores where flowers and plants are sold Furniture/Appliance Stores where new and used furniture, appliances, and electronic equipment are sold Miscellaneous Retail Includes, but is not limited to, stores that sell cigars, jewelry, beauty supplies, cell phones, and books; newsstands, photography studios; personal service businesses such as salons and cleaners; and vending machines Recreation Products Camera, music, and sporting goods stores Miscellaneous/Other Miscellaneous/Other Includes but not limited to health services, government, nonprofit organizations, non‐ store retailers, businesses with less than $20,000 in annual gross sales, auctioneer sales, and mortuary services and sales Transportation Auto Parts/Repair Auto parts stores, vehicle and parts manufacturing facilities, and vehicle repair shops Auto Sales ‐ New New car dealerships Auto Sales ‐ Used Used car dealerships Miscellaneous Vehicle Sales Sale and manufacture of airplanes and supplies, boats, motorcycles, all‐terrain vehicles, trailers and supplies Service stations Gas stations, not including airport jet fuel Attachment B 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com January 2021 We are pleased to share our analysis of the Governor’s Proposed Budget for FY 21/22. Please feel free to contact us if you have any questions. Fran Mancia, Vice President of Government Relations Fran.Mancia@AvenuInsights.com Governor Gavin Newsom introduced his $227 billion 2021-22 Budget Proposal on Friday, January 8, 2021 with fairly positive news. Although California’s revenues have experienced a moderate slowdown, thus far it has impacted the State’s revenues far less than anticipated by the 2020-21 Budget Act. The difference in projections is the result of a less severe economic downturn than expected, wage losses in large part impacting low-wage earners, and a stronger stock market than projected. California’s tax structure leans heavily on high income earners for revenues, and as a result is quite volatile, however, so far, the structure has helped to maintain state revenues during the pandemic. The Department of Finance estimates that revenues from the three largest sources, personal income tax, sales tax, and corporation tax, will grow from 2019-20 through 2024-25 by about 1.9% annually, much lower than the 6.4% growth over the last ten years. In addition, the amount of risk in projections is much higher than normal, with the trajectory of the pandemic, falls in the stock market, more widespread job losses, additional businesses closing, failure to address structural inequality, extreme weather events, wildfires, rising sea levels, and droughts among the uncertainties listed in the budget summary. The Administration is estimating a structural deficit of $7.6 billion in 2022-23, which is expected to grow to over $11 billion by 2024-25 due to program costs far outpacing revenues. That said, the better than anticipated revenue picture prompted the governor to delay $2 billion in scheduled program suspensions primarily in health and human services programs. The Budget Proposal contains $34 billion in Reserves and Surplus ●$15.6 billion in the Proposition 2 Budget Stabilization Account (Rainy Day Fund) ●$450 million in the Safety Net Reserve ●$3 billion in the Public School System Stabilization Account ●$2.9 billion in the State’s operating reserve Gann Limit: For the second time since its passage in 1979, the Gann Limit is projected to be exceeded, which requires funds above the limit to be allocated evenly between schools and a tax refund. Currently the estimate is that the Gann Limit has been exceeded by $102 million, however estimates will be updated as part of the May Revision. Highlights: Notably absent from the Budget Proposal is funding for broadband expansion and direct public health funding. In addition, although funding is not included in the Budget Proposal to directly assist local governments in backfilling lost revenue resulting from COVID-19, there are several proposals that are likely to be of interest: $750 million to expand Homekey, $500 million for grants to local governments and developers to spur housing construction through the Infill Infrastructure Grant Program, $500 million in low-income tax Governor Newsom’s CA FY 21/22 Proposed Budget ATTACHMENT C 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com credits to fund affordable housing projects, $1 billion to reduce wildfire risk and improve forest health, and $82 million to support the Parks for All initiative. City Reaction: In a statement released by the League of California Cities, Executive Director and CEO Carolyn Coleman praised the governor for his new investments to address homelessness and strengthen the State’s wildfire resiliency and emergency response efforts, but criticized the proposal for its lack of funding to address, “the billions of dollars in budget shortfalls that cities have experienced due to COVID-19, while working on the front lines for months, protecting our communities and delivering services throughout the pandemic.” The full statement can be found here. Below is an outline of items included in the governor’s January Budget Proposal (Budget Proposal) broken down by category. These proposals will be discussed and vetted by the Legislature through budget subcommittees, balanced with the Legislature’s proposals and priorities, and incorporated into a final budget in June after the May Revision of revenues and spending is also considered. The governor’s Budget Proposal includes a number of items he is requesting that the Legislature adopt prior to passage of the budget in June to address the economic struggles of residents and businesses resulting from the pandemic. Immediate and Early Action Below are the Administration’s charts showing both immediate action and early action requests of the Legislature. The goal is for the Legislature to act on immediate action items this month and follow up in early spring with approval of the early action items. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Equitable Recovery for California’s Businesses and Jobs As part of his 2021 budget, the governor proposed a $4.5 billion initiative to address the small business impacts of the pandemic, some of which he is requesting the Legislature act on immediately. ● $575 million for California Small Business COVID-19 Relief Grants; ● $777.5 million for the California Jobs Initiative: ○ $430 million for the California Competes Tax Credit (CalCompetes) ○ $100 million for the expanded Main Street Small Business Tax Credit ○ $100 million for sales tax exclusions to reduce the cost of manufacturing equipment ○ $50 million for the California Infrastructure and Economic Development Bank’s (IBank) Small Business Finance Center to provide small business loans and disaster loan guarantees ○ $50 million for the California Rebuilding Fund to support $125 million low-interest loans to underserved businesses - the $777.5 million includes $12.5 million allocated in late 2020 ○ $35 million for the California Dream Fund to seed entrepreneurship and small business creation in underserved communities ● $353 million for workforce development; ● $70.6 million for fee waivers to individuals and businesses most impacted by the pandemic; ● $300 million for deferred maintenance in numerous state departments; ● $500 million for Infill Infrastructure grants; and ● $1.5 billion for zero-emission vehicles and zero-emission vehicle infrastructure. Golden State Stimulus, Renter Relief, and Eviction Moratorium The governor also previewed the following proposals prior to the release of the Budget Proposal with the request that the Legislature act immediately to move them forward. Golden State Stimulus Program: This program would provide $600 to roughly four million low-income Californians. The funds would be distributed to all 2019 taxpayers who received a California Earned Income Tax Credit (CalEITC) in 2020, as well as to 2020 taxpayers with Individual Taxpayer Identification Numbers (ITINs) who are eligible for and receive the CalEITC in 2021. Payments would begin rolling out in February 2021 for individuals who filed in 2020 and later for those who won’t file their taxes until this year. Renter Relief: $2.6 billion in federal renter relief is proposed to be allocated as quickly as possible to assist struggling renters and stabilize small property owners. Eviction Moratorium: The governor is requesting that the State’s eviction moratorium, which expires on January 31, be extended for renters able to pay 25% of their rent obligation. Homelessness and Housing Homelessness: $1.75 billion in one-time General Fund for homelessness initiatives is included in the governor’s Budget Proposal: ● $750 million in one-time General Fund for the Department of Housing and Community Development (HCD) to continue Homekey acquisitions, including the same streamlining provided in 2020. $250 million of this proposed allocation is designated for early action by the Legislature. ● $750 million in one-time General Fund over three years for competitive grants to counties to acquire and rehabilitate real estate to expand behavioral health treatment resources. The Administration estimates 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com that this funding will provide at least 5,000 beds, units, or rooms. Counties will be required to provide a local match to draw down funding. Relinquished adult jail bond financing is being considered to help finance this effort, as there is currently $202 million available for allocation. ● $250 million in one-time General Fund for the Department of Social Services to acquire and rehabilitate Adult Residential Facilities and Residential Care Facilities for the Elderly to preserve and expand housing for low-income seniors who are homeless or at risk of becoming homeless. Local Accountability: $4.3 million General Fund is proposed for HCD to provide assistance to local governments in meeting planning and zoning requirements. In addition, the Budget Proposal creates a Housing Accountability Unit at HCD to assist in the facilitation of affordable housing production. Promulgation of pro- housing regulations is targeted for early this year. Infill Infrastructure Grant (IIG) Program: $500 million through the IIG Program is included in the Budget Proposal to local governments and developers to defray the infrastructure costs of sewers, roads, and site preparation, paving the way for 7,500 affordable housing units. $250 million of these funds are proposed for early action by the Legislature. Low-Income Housing Tax Credits: $500 million is proposed for a third round of low-income housing tax credits. Housing Financing Process: $2.7 million General Fund is included in the Budget Proposal to implement AB 434, Chapter 192, Statutes of 2020. AB 434, supported by Orange County, aligns six rental housing programs with the Multifamily Housing Program, to enable HCD to implement a single application and scoring system for making coordinated awards under all seven programs, starting on January 1, 2022. Additionally, the Business, Consumer Services, and Housing Agency, in conjunction with the Treasurer’s Office, has established a working group to examine and align housing finance programs. Federal Relief: $2.6 billion in federal rental assistance is anticipated to be directed to California, split between state and local governments. The funding will be used to support low-income tenants under 80% of Area Median Income (AMI), with a priority for those under 50% AMI. Excess State Land Development: The Budget Proposal includes statutory changes to encourage development, including authorizing market-rate and commercial development that will provide flexibility and financial feasibility to subsidize affordable housing production on excess lands. Three excess state land developments are currently underway and nine additional sites are in the pipeline. Construction Apprenticeships: $8.5 million is allocated in one-time General Fund through the California Workforce Development Board to expand access to construction apprenticeships. Fair Housing Enforcement: $2 million General Fund is included in the Budget Proposal for the Department of Fair Employment and Housing to conduct education campaigns, housing surveys, and prosecute violations of anti-housing discrimination laws. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Criminal Justice and the Judicial Branch Department of Corrections and Rehabilitation (CDCR): The average daily adult inmate population in the budget year is now projected to be 97,950, 20% fewer than the 2020-21 Budget Act. The average daily parolee population is estimated at 45,924, a decrease of 4% from the 2020-21 Budget Act. COVID-19: CDCR has spent $408.3 million in 2019-20 and 2020-21 so far on COVID-19 activities. Current estimate project additional spending of $723.8 million by the end of the 2020-21 budget year. The Budget Proposal provides $281.3 million in one-time General Fund in 2021-22 for pandemic related expenses. COVID-19 Workers' Compensation Presumption: $51 million General Fund in 2021-22, growing to $77.6 million in 2024-25 for increased workers’ compensation costs associated with the measure is allocated in the Budget Proposal. SB 1159, Chapter 85, Statutes of 2020, created a rebuttable presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for workers’ compensation benefits. Police Use of Force Investigations: $13 million General Fund in 2021-22, increasing to $13.5 million ongoing is provided for AB 1506, Chapter 326, Statutes of 2020, which requires the establishment of three investigation teams for officer involved shootings resulting in the death of an unarmed civilian. Additional Criminal Justice Adjustments ● $16 million ($6 million General Fund, $10 million Fingerprint Fees Account) in 2021-22, increasing to $28.3 million ongoing ($18.3 million General Fund, $10 million Fingerprint Fees Account), for the Bureau of Forensic Services to backfill fine and fee revenues in the DNA Identification Fund. ● $6.5 million in one-time General Fund for the Consolidated Science Forensic Laboratory. ● $2.1 million ongoing from the Public Rights Law Enforcement Special Fund for the Healthcare Rights and Access Unit. ● $1.1 million General Fund in 2021-22 and 2022-23 for AB 3121, Chapter 319, Statutes of 2020 to support the Task Force to Study and Develop Reparation Proposals for African Americans. ● $674,000 Dealers Record of Sale Special Account in 2021-22 and $1.3 million in 2022-23 for AB 2847, Chapter 292, Statutes of 2020. AB 2847 requires all semiautomatic pistols not already listed on the Department of Justice roster of not unsafe handguns be equipped with chamber load indicators, magazine disconnect mechanisms, and microstamping technology. Prison Capacity: The Budget Proposal assumes closure of the final in-state contract correctional facility by May 2021. In addition, CDCR plans to close Deuel Vocational Institution by September 2021, saving $113.5 million General Fund in 2021-22 and $150.6 million General Fund beginning in 2022-23. Criminal Fines and Fees: The 2018 Budget Act established a pilot program allowing indigent and low-income individuals to apply online to have their fines and fees from traffic infractions reduced. The Budget Proposal includes $12.3 million General Fund in 2021-22, increasing to $58.4 million ongoing General Fund by 2024-25 to expand the program statewide for both traffic and non-traffic infractions. Ongoing costs contained in the Budget Proposal include $2.7 million for the online application system and $55.7 million to backfill the loss in trial court revenues. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Wildfire and Forest Resilience/Emergency Response Wildfire and Forest Resilience: $1 billion is included in the Budget Proposal to increase forest health activities and decrease fire risk, $323 million of which is proposed for early action by the Legislature. ● $512 million to enhance wildfire resilience by thinning forests, replanting trees, and utilizing prescribed fire; ● $335 million for CAL FIRE and the Conservation Corps to complete 45 to 60 strategic fuel breaks projects each year for the next several years; ● $38 million for community hardening; ● $39 million for science based management including remote sensing, research, and science-based monitoring; and ● $76 million for innovative projects and workforce preparedness in the forest sector. CAL FIRE Cap and Trade Funding: The Budget Proposal includes statutory changes making $200 million in Cap and Trade funding for forest health and fire prevention programs available for an additional five years beyond 2023-24. CAL FIRE Fleet: The Budget Proposal contains $48.4 million to phase in four new Black Hawk helicopters and seven large air tankers to enhance CAL FIRE’s ability to respond to wildfire incidents. CAL FIRE Emergency Preparedness and Response: $143.3 million in one-time General Fund in 2021-22, $124.5 million in ongoing General Fund, and $24.2 million in one-time General Fund in out-years for capital outlay costs is included in the Budget Proposal for CAL FIRE and the California Conservation Corps to support 30 additional fire crews. Home Hardening Pilot Grant Program: $25 million in one-time General Fund in 2020-21 for Cal OES ($21.9 million) and CAL FIRE ($3.1 million) to implement a home hardening pilot grant program. California Disaster Assistance Act: $256.1 million in one-time General Fund to assist local governments during and after an emergency. Earthquake Early Warning System: $17.3 million in one-time General Fund to support the earthquake early warning system while other revenue options are considered. Transportation/Zero-Emission Vehicles/Cap and Trade Transportation: SB 1, the Road Repair and Accountability Act of 2017, has kept transportation funding stable for the most part, and the Budget Proposal does not contain any significant spending changes. The transportation revenue outlook estimates gasoline consumption will drop by 3.6% in 2020-21, before rebounding by 5% in 2021-22 fiscal year. With respect to diesel fuel, consumption is expected to decline by 4.9% in 2020-21, followed by a 2% increase in 2021-22. Fuel Excise Tax: Fuel excise tax revenues used to fund transportation projects are expected to be lower than pre-pandemic forecasts by a total of $1.5 billion through 2024-25. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Federal Relief: The latest federal COVID-19 relief bill will provide approximately $900 million to California for highway projects and $2 billion for local transit agencies. Transit Relief: As part of the current year budget, temporary waivers were enacted relieving transit operators from complying with specified performance requirements in the Transportation Development Act. While the Budget Proposal does not include any direct pandemic relief aid for transit, the governor’s budget summary states that, “the Administration is recommending regulatory and reporting relief related to the Transportation Development Act on a permanent basis, allowing agencies to plan with more certainty and flexibility for the expenditure of state transit resources.” Details on this proposal have not yet been released. Department of Motor Vehicles (DMV): $152 million one-time for 1,300 temporary positions to work on REAL IDs, and $34 million ongoing to continue operational improvements is provided for the DMV. Zero-Emission Vehicle Infrastructure: The Budget Proposal includes the securitization of $1 billion in future revenues to increase the pace and scale of the construction of electric vehicle charging and hydrogen fueling stations necessary to accelerate zero-emission vehicle adoption. In addition, $50 million in one-time General Fund is proposed to support the installation of zero-emission vehicle charging stations at state-owned facilities. Zero-Emission Vehicles: $465 million in one-time Cap and Trade funds is proposed to improve access to new and used zero-emission vehicles. Cap and Trade: $1.37 billion for the Cap and Trade Expenditure Plan, $624 million of which is proposed for early action by the Legislature is included in the governor’s Budget Proposal: ● $325 million to support the Community Air Protection Program, AB 617, Chapter 136, Statutes of 2017; ● $635 million dedicated to reducing emissions from the transportation sector; and ● $355 million ($200 million ongoing) for land-based carbon removal programs: ○ $30 million for the Healthy Soils Program ○ $23 million for the Urban Forestry Program Total funds generated through the auction total $2.2 billion in the current year and $2.3 billion in the 2021-22 fiscal year. Natural Resources Natural and Working Lands: The Budget Proposal contains funding for the restoration of natural areas and ecosystems, flood management, and coastal protection including: ● $248.6 million for the restoration of natural areas and ecosystems: ○ $125 million in one-time Proposition 68 funding for the Natural Resources Agency to support water quality, supply, watershed protection, and restoration projects. ○ $79.9 million in one-time various bond funding for the Wildlife Conservation Board to support ecosystem and watershed protection and restoration projects. ○ $43.7 million in 2021-22, and a total of $69.6 million over five years from various fund sources for the Department of Water Resources to support restoration projects through the Riverine Stewardship and San Joaquin Restoration programs. ● $6.5 million in 2021-22, and a total of $17.4 million over two years, Proposition 68 funding for the Natural Resources Agency/Ocean Protection Council to support coastal protection projects. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Department of Water Resources Proposed Funding ● $60 million in one-time General Fund ($30 million in 2020-21, $30 million in 2021-22) for grants to support local planning and implementation of groundwater sustainability plans across critically overdrafted basins. ● $183 million in 2021-22 and $365.2 million over the next four years from various fund sources to leverage $1.8 billion in federal funds: ○ $81 million in 2021-22, and a total of $102.3 million over three years from various bond funds for the Department of Water Resources Delta Levees System Integrity Program. ○ $67 million General Fund in 2021-22, and a total of $224.9 million over four years for the Department of Water Resources to leverage $1.8 billion in federal funding for the flood risk reduction American River Commons Features project. ○ $28.5 million in one-time Proposition 68 funding for the Department of Water Resources to support collaborative flood risk management. ○ $6.5 million in 2021-22, and a total of $9.5 million over three years Proposition 1 funding for the Department of Water Resources to support emergency flood response in the Delta. ● $75 million in one-time General Fund for deferred maintenance. ● $43.7 million in 2021-22, and $69.6 million over the next five years from various fund sources to support ecosystem restoration and watershed resilience work on the San Joaquin River and for projects that improve water quality or ecological conditions within the Delta. Department of Parks and Recreation: $82 million is provided in the Budget Proposal to improve access to state parks: ● $20 million in one-time General Fund for deferred maintenance; ● $12.7 million in ongoing Cannabis Tax Fund to the Natural Resources Agency for the Youth Community Access Grant Program which funds projects that support youth access to natural and cultural resources; ● $10 million in one-time General Fund and $23.4 million in one-time reimbursements from Federal Emergency Management Agency funds to continue the Woolsey Fire restoration projects; ● $6.3 million in one-time General Fund and $6.3 million in one-time federal reimbursements to complete high-priority inholding acquisitions; ● $2.7 million in one-time Proposition 68 bond funds for Candlestick Point State Recreation Area enhancements; and ● $585,000 ongoing State Park and Recreation Fund to continue community liaison programs engaging underserved communities. State Parks: $85 million in one-time General Fund for forest management at state parks is included in the Budget Proposal. Boating: The Budget Proposal restructures the fund that supports boating-related activities by: ● Reducing annual expenditures by $13 million; ● Adjusting the vessel registration fee, thereby increasing annual revenues by $20.6 million; ● Providing $10 million General Fund for two years; and ● Maintaining programs vital to boater access and safety. Department of Fish and Wildlife: $45.1 million ($41.8 million General Fund, $3.3 million bond funds) in one- time funding is included in the Budget Proposal for investments in equipment technology and process improvements: 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com ● $9.8 million ($9 million General Fund, $800,000 Proposition 12) for wetlands management; ● $7 million General Fund for human/wildlife conflict response; ● $6 million ($3.5 million General Fund, $2.5 million Proposition 12) to support access and biodiversity resilience; ● $7 million General Fund to modernize hatchery facilities and equipment; ● $4.5 million General Fund for vegetation mapping; ● $4.5 million General Fund to purchase a fixed-wing aircraft; ● $4.5 million General Fund to purchase a large offshore patrol vessel; and ● $750,000 General Fund to modernize the fishing and hunting licensing system. Department of Conservation: The California Geologic Energy Management Division (CalGEM) oversees oil, natural gas, and geothermal industries while advancing the State’s climate goals. The Budget Proposal includes $4.8 million and 26 positions to provide resources for additional CalGEM oversight. Environmental Protection CalRecycle: $5 million from the Beverage Container Recycling Fund in 2020-21 and 2021-22 is allocated in the Budget Proposal to expand consumer redemption in communities underserved by recycling centers. Additionally, the Budget Proposal contains an unspecified amount of ongoing funding to implement AB 793, Chapter 115, Statutes of 2020. AB 793 established minimum post consumer recycled content standards for plastic beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act. Department of Toxic Substances Control: The Budget Proposal includes statutory changes authorizing the Board of Environmental Safety to utilize a public fee setting process. It also provides $22.5 million in one-time General Fund to backfill the Hazardous Waste Control Account and $13 million in one-time General Fund to backfill the Toxic Substances Control Account while fees are restructured. Other augmentations include: ● $300 million in one-time General Fund to accelerate the cleanup of contaminated properties; and ● $31.4 million in one-time General Fund to clean up 3,200 properties surrounding the Exide Facility that are contaminated with lead. $14 million in one-time General Fund and $2.5 million ongoing from the Lead-Acid Battery Cleanup Fund is dedicated to seeking cost recovery from responsible parties. Pest Management Proposals ● $20 million ongoing to expand integrated pest management practice; ● $16.5 million ongoing to enhance enforcement and air monitoring; ● $1.5 million ongoing for community engagement; and ● $3.75 million ongoing (General Fund through 2023-24, transitioning to Department of Pesticide Regulation Fund in 2024-25) for the Department of Food and Agriculture to continue development of innovative pest management strategies. Agriculture Fairs: $50 million in one-time General Fund in 2021-22 to support state affiliated fairgrounds’ operational costs and $10 million in one-time General Fund to support fairground deferred maintenance is included in the Budget Proposal. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Climate Smart Agriculture Proposed Appropriations ● $170 million in one-time Greenhouse Gas Reduction Fund ($90 million in 2020-21, $80 million in 2021-22) for the Air Resources Board to provide funding to replace agricultural equipment reducing greenhouse gas emissions; ● $30 million in one-time Greenhouse Gas Reduction Fund ($15 million in 2020-21, $15 million in 2021- 22) for the Healthy Soils Program; and ● $50 million in one-time General Fund for the California Infrastructure and Economic Development Bank (IBank) to support Climate Smart Agriculture loans. Water Efficiency and Sustainable Groundwater: $100 million is included in the Budget Proposal to support water efficiency projects and a transition to sustainable groundwater. $50 million of the funding is proposed for early action by the Legislature. ● $60 million in one-time General Fund ($30 million in 2020-21, $30 million in 2021-22) for Sustainable Groundwater Management Act Grants. ● $40 million in one-time General Fund ($20 million in 2020-21, $20 million in 2021-22) for State Water Efficiency and Enhancement Program Grants. Small and Mid-Size Farm Support: $6.7 million in one-time General Fund, half in 2020-21 and half in 2021- 22, is proposed to contract with the University of California Cooperative Extension to provide technical assistance and grants to technical assistance providers and small, mid-sized, and underserved farmers. Farm to School: The Budget Proposal contains $10 million in one-time General Fund to continue the Office of Farm to Fork’s Farm to School Program. Food Safety Modernization Act: $8.7 million in ongoing federal fund authority is included in the Budget Proposal to expand the Department of Food and Agriculture’s Produce Safety Program. Regulatory Alignment and Efficiencies: $6 million in one-time General Fund is included in the Budget Proposal for regulatory alignment and efficiencies, including $4 million in the current to evaluate and align regulatory reporting activities reducing work for farmers and ranchers attempting to comply with regulations. $2 million in 2021-22 is included to support exploring the establishment of a unified licensing portal. Labor and Workforce Development Unemployment: The unemployment rate increased from a record low of 3.9% in February 2020 to a record high of 16.4% in April and May. The number of jobs in California is not projected to return to 2019 levels until 2025. The Employment Development Department estimates that California owed the federal government $21.5 billion for borrowed funds from the Unemployment Insurance Trust Fund at the end of 2020 and will owe $48.3 billion by the end of 2021 for unemployment payments. $555 million in one-time General Fund is included in the Budget Proposal to cover the interest payment to the federal government due in September 2021. Future of Work Commission: The Commission is scheduled to release a report this month on the impacts of technology on workers, employers, jobs, and society; methods of promoting better job quality, wages, and working conditions; worker safety net protections; and workforce training for jobs of the future. 1264 Hawks Flight Court #270, El Dorado Hills CA 95762 | 559-288-7296 | www.avenuinsights.com Department of Better Jobs and Higher Wages: The Administration proposes to consolidate the California Workforce Development Board, the Employment Training Panel, Workforce Services Branch, Labor Market Information Division, and the Division of Apprenticeship Standards into a new Department of Better Jobs and Higher Wages. 34 56 City of Palo Alto Sales and Use Tax Receipts by Geographic Areas and Category For the Quarter Ending September 2020 and 2019 (Q3) Attachment D 12 BUSINESS TO BUSINESS, $1,950,345 , 27.5% TOTAL GENERAL RETAIL, $2,408,493 , 34.0% TOTAL TRANSPORTATION, $1,364,479 , 19.3% TOTAL FOOD PRODUCTS, $1,202,949 , 17.0% TOTAL CONSTRUCTION, $74,469 , 1.1% TOTAL MISCELLANEOUS, $85,381 , 1.2% TOTAL Citywide by Category ‐2019 Q3 Sales Tax Amounts $7,086,116 Total Balance of Jurisdiction, ‐10.5%CHANGE, $3,452,914 , 64.9% TOTAL Stanford Shopping Center, ‐ 38.7% CHANGE, $949,519 , 17.8% TOTAL Greater Downtown, ‐49.8% CHANGE, $481,299 , 9.0% TOTAL El Camino Real and Midtown, ‐33.3% CHANGE, $259,014 , 4.9% TOTAL Town And Country Shopping Center, ‐27.9% CHANGE, $99,295 , 1.9% TOTAL California Avenue, ‐40.2% CHANGE, $80,494 , 1.5% TOTAL By Geographic Areas ‐2020 Q3 Sales Tax Amounts ‐24.9% Change, $5,322,235 Total Balance of Jurisdiction, $3,918,397 , 55.3% TOTAL Stanford Shopping Center, $1,548,515 , 21.9% TOTAL Greater Downtown, $958,304 , 13.5% TOTAL El Camino Real and Midtown, $388,476 , 5.5% TOTAL Town And Country Shopping Center, $137,759 , 1.9% TOTAL California Avenue, $134,665 , 1.9% TOTAL Geographic Areas ‐2019 Q3 Sales Tax Amounts $7,086,116 Total GENERAL RETAIL, ‐0.3%CHANGE, $30,646 , 38.1% TOTAL FOOD PRODUCTS, ‐53.4% CHANGE, $28,412 , 35.3% TOTAL ALL OTHER, ‐50.1% CHANGE, $21,437 , 26.6% TOTAL California Avenue ‐2020 Q3 Sales Tax Amounts ‐40.2% Change, $80,495 Total GENERAL RETAIL, $30,745 , 22.8% TOTAL FOOD PRODUCTS, $60,970 , 45.3% TOTAL ALL OTHER, $42,949 , 31.9% TOTAL California Avenue ‐2019 Q3 Sales Tax Amounts $134,664 Total BUSINESS TO BUSINESS, 4.5% CHANGE, $2,038,273 , 38.3% TOTAL GENERAL RETAIL, ‐45.7% CHANGE, TRANSPORTATION, ‐17.5% CHANGE, $1,125,636 , 21.1% TOTAL FOOD PRODUCTS, ‐45.4% CHANGE, $656,760 , 12.3% TOTAL CONSTRUCTION, 64.2% CHANGE, $122,262 , 2.3% TOTAL MISCELLANEOUS, ‐14.6% CHANGE, By Category ‐2020 Q3 Sales Tax Amounts ‐24.9% Change, $5,322,535 Total 1 City of Palo Alto Sales and Use Tax Receipts by Geographic Areas and Category For the Quarter Ending September 2020 and 2019 (Q3) 910 11 12 78 FOOD PRODUCTS, ‐49.8%CHANGE, $248,583 , 51.6% TOTAL GENERAL RETAIL, ‐48.7% CHANGE, $166,135 , 34.5% TOTAL BUSINESS TO BUSINESS, ‐69.8% CHANGE, $26,570 , 5.5% TOTAL CONSTRUCTION, ‐21.8% CHANGE, $25,661 , 5.3% TOTAL MISCELLANEOUS, ‐16.0% CHANGE, $8,131 , 1.7% TOTAL TRANSPORTATION, ‐29.5% CHANGE, $6,218 , 1.3% TOTAL Greater Downtown ‐2020 Q3 Sales Tax Amounts ‐49.8% Change, $481,299 Total FOOD PRODUCTS, $495,286 , 51.7% TOTAL GENERAL RETAIL, $323,779 , 33.8% TOTAL BUSINESS TO BUSINESS, $87,930 , 9.2% TOTAL CONSTRUCTION, $32,811 , 3.4% TOTAL MISCELLANEOUS, $9,679 , 1.0% TOTAL TRANSPORTATION, $8,818 , 0.9% TOTAL Greater Downtown ‐2019 Q3 Sales Tax Amounts $958,304 Total GENERAL RETAIL, ‐44.1%CHANGE, $649,064 , 68.4% TOTAL TRANSPORTATION, ‐7.2% CHANGE, $195,515 , 20.6% TOTAL FOOD PRODUCTS, ‐36.8% CHANGE, $95,214 , 10.0% TOTAL BUSINESS TO BUSINESS, ‐61.3% CHANGE, $9,726 , 1.0% TOTAL CONSTRUCTION, ‐100.0% CHANGE, $0 , 0.0% TOTAL Stanford Shopping Center ‐2020 Q3 Sales Tax Amounts ‐38.7% Change, $949,519 Total GENERAL RETAIL, $1,160,524 , 74.9% TOTAL TRANSPORTATION, $210,609 , 13.6% TOTAL FOOD PRODUCTS, $150,617 , 9.7% TOTAL BUSINESS TO BUSINESS, $25,124 , 1.6% TOTAL CONSTRUCTION, $1,642 , 0.1% TOTAL Stanford Shopping Center ‐2019 Q3 Sales Tax Amounts $1,548,515 Total GENERAL RETAIL, ‐47.3%CHANGE, $41,297 , 41.6% TOTAL ALL OTHER, ‐2.4% CHANGE, $57,998 , 58.4% TOTAL Town & Country Shopping Center ‐2020 Q3 SALES TAX AMTS ‐27.9% Change, $99,295 Total GENERAL RETAIL, $78,360 , 56.9% TOTAL ALL OTHER, $59,400 , 43.1% TOTAL Town & Country Shopping Center ‐2019 Q3 SALES TAX AMTS $137,759 Total 2 City of Palo Alto Sales and Use Tax Receipts by Geographic Areas and Category For the Quarter Ending September 2020 and 2019 (Q3) 13 14 FOOD PRODUCTS, ‐45.8%CHANGE, $92,717 , 35.8%TOTAL GENERAL RETAIL, ‐13.8% CHANGE, $32,027 , 12.4% TOTAL ALL OTHER, ‐25.5% CHANGE, $134,270 , 51.8%TOTAL El Camino Real and Midtown ‐2020 Q3 SALES TAX AMOUNTS ‐33.35 Change, $259,014 Total FOOD PRODUCTS, $170,979 , 44.0%TOTAL GENERAL RETAIL, $37,174, 9.6%TOTAL ALL OTHER, $180,322, 46.4%TOTAL El Camino Real and Midtown ‐2019 Q3 SALES TAX AMOUNTS $388,476 Total 3 City of Palo Alto (ID # 11950) City Council Staff Report Report Type: Informational Report Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Foothills Rebuild Title: Informational Update on the Status and Next Steps for Overhead Line Project (Project EL -21001) for the Palo Alto Foothills Rebuild From: City Manager Lead Department: Utilities Recommendation This report is provided for the Council’s information and no action is required. Executive Summary The purpose of this report is to update the City of Palo Alto Council on the status of and next steps for the Fire Mitigation project (EL-21001), which will rebuild the approximately eleven (11) miles of overhead line in the Palo Alto Foothills, to minimize wildfire risk. The City of Palo Alto’s Utility Department (CPAU) initially solicited bids for a design/build contractor to rebuild, relocate, or replace the overhead lines in the Foothills. However, after reviewing the bids, Staff recommended an alternative solution to design the project in-house and contract as needed for construction. The total cost for this rebuild is estimated to be between $10 to $15 million; $2 million is included in the FY 2021 Electric Capital Budget. Background During development of the State of California’s Fire-Threat Map, the area of the City of Palo Alto west of Highway 280 was identified as Tier 2, which represents an “Elevated Risk” for the likelihood of wildfires associated with overhead electric utility lines. Then in 2019, a new law1 mandated that electric publicly owned utilities prepare a wildfire mitigation plan. An independent evaluator reviewed the City’s plan and Council received it in January 2020 (Staff Report No. 10670, January 21, 2020). In addition to more immediate and on-going remediation efforts performed by the City (i.e. vegetation management, inspections, maintenance, etc.), the plan included longer-term strategies of mitigating the risk of wildfires due to overhead electric lines including replacing or reinforcing, as necessary, the approximately 11 miles of 12 kV overhead line and electrical distribution equipment with new overhead or underground facilities along existing or new routes. 1 Public Utilities Code 8387, modified by SB 901 (2019). CITY OF PALO ALTO City of Palo Alto Page 2 CPAU solicited bids from qualified engineering/construction contractors to design, engineer, and construct the existing city owned overhead electric and fiber optic lines in the Foothills in Palo Alto in a way to minimize the risk of wildfires. Staff reviewed the two proposals received , both of which provided pricing only for reconductoring existing overhead electric facilities, and interviewed both companies, neither of which offered reasonable undergrounding alternatives. Staff’s own review identified sections of the line that could be undergrounded, which provides for greater reduction of wildfire risk. Even though undergrounding is more e xpensive than reconductoring existing overhead lines, staff estimates that by designing the rebuild in -house the total cost could be less than the two proposed bids for 100% reconductoring. Therefore, staff recommended not moving forward with either of the design/build proposals, deciding, instead, to look at alternatives such as in-house design for undergrounding the facilities. Discussion Staff has since launched two pilot projects to explore the undergrounding option. Staff completed design and used City’s contractor to construct one pilot project by the Country Golf Course where an existing 800 ft of overhead electric line was placed underground. This eliminated four (4) poles and the associated overhead wire and hardware that is the main risk to causing wildfires from electrical facilities. The next pilot project is scheduled to start in March on Arastradero Road, which involves undergrounding 2000 ft of electric and fiber line. This will eliminate eight (8) poles and the associated spans of overhead wire. These pilot projects illustrate that undergrounding the electric lines instead of reconductoring them is cost effective, and based on staff’s research, underground lines are also generally more effective at reducing fire risk than overhead lines. Next Steps Recently, CPAU hired a consultant, ABSG, to conduct a wildfire risk analysis. The consultant will model various scenarios to estimate the potential damage and financial exposure to the City which could result from wildfires caused by the City’s electric system. Based on the consultant’s findings, Staff will create projects to address the highest risk areas first. Based on the size of the project and the resources available, staff will complete these projects in-house or solicit bids from qualified engineering/construction contractors. There might be areas where it’s not feasible to underground and, in those areas, staff will strengthen and reconductor the exiting electric line. The rebuild is anticipated to be completed over the next five years. Staff will also prepare an update to the wildfire mitigation plan to submit by July 1, 2021 to the California Wildfire Safety Advisory Board. Resource Impact Based on the in-house design of the two pilot projects, Staff estimates the reconductoring or undergrounding cost per mile to be $1 to $1.5 million. The total cost to mitigate fire risk for the 11 miles of 12kV overhead electric line with a combination of undergrounding and City of Palo Alto Page 3 reconductoring is estimated to be $10 to $15 million. There is $2 million included in the FY 2021 capital budget for EL-21001 and another $2 million planned for FY 2022. Stakeholder Engagement The Wildfire Mitigation Plan and was discussed at the September 4, 2019 Utilities Advisory Commission (UAC) meeting, and received by Council in January 2020 (Staff Report No. 10670, January 21, 2020). As a new Capital Improvement Plan, EL-21001 was reviewed by the Planning and Transportation Commission in June 2020 (Staff Report No. 11094, June 10, 2020). Environmental Review The UAC’s review of this update is not a project requiring California Environmental Quality Act review, as an administrative governmental activity which will not cause a direct or indirect physical change in the environment.