HomeMy WebLinkAbout2010-04-19 City Council Agenda Packet
1 04/19/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council Chambers on the Friday preceding the meeting.
Special Meeting
Council Chambers
April 19, 2010
7:00PM
ROLL CALL
SPECIAL ORDERS OF THE DAY
1. Proclamation Expressing Appreciation to the Friends of the Palo Alto
Junior Museum & Zoo for Outstanding Public Service
ATTACHMENT
2. Proclamation Expressing Appreciation to Save the Bay for Outstanding
Public Service
ATTACHMENT
3. Proclamation Expressing Appreciation to John Reinhardt for
Outstanding Public Service
ATTACHMENT
STUDY SESSION
3a. 1) Approval of Staff Update Regarding April 22, 2010 Effective Date for
Ordinance Restricting Food Vendors’ Use of Expanded Polystyrene, 2)
Acceptance of Staff Update on Less-Toxic Pest Control Program for City
Operations, and 3) Acceptance of Staff Update on Zero Waste
Programs 2010
ATTACHMENT 3a-1 ATTACHMENT 3a-2 ATTACHMENT 3a-3
CMR 206:10 CMR 215:10 CMR 216:10
2 04/19/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
CITY MANAGER COMMENTS
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the
right to limit the duration or Oral Communications period to 30 minutes.
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
4. Preliminary Approval of the Report of the Advisory Board for Fiscal
Year 2011 in Connection with the Palo Alto Downtown Business
Improvement District and Adoption of Resolution Declaring its
Intention to Levy an Assessment Against Businesses Within the
Downtown Palo Alto Business Improvement District for Fiscal Year
2011 and Setting a Time and Place for a Public Hearing on May 17,
2010 at 7:00 PM or Thereafter, in the City Council Chambers
CMR 190:10 & ATTACHMENT
5. Approval of a Sole Source and Design/Build Agreement with Devcon
Construction, Inc. in the Amount of $113,100 for Construction of
Improvements to Bobcat Facilities and Other Areas at the Palo Alto
Junior Museum and Zoo
CMR 193:10 & ATTACHMENT
6. Denial of an Appeal by All Signs Services of an Architectural Review
Approval Condition to Delete Two Ancillary, Illuminated Wall Signs:
“Liquor” and “Photo” Associated with a CVS Pharmacy Within the
CN(GF)(P) Zone District Located at 2701 Middlefield Road
CMR 220:10 & ATTACHMENT
3 04/19/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
7. Adoption of Two Resolutions to Incorporate a Side Letter Agreement
with the Palo Alto Peace Officers’ Association (PAPOA) to Provide a
Supplemental Military Leave Benefit to Pay for the Differential Between
Regular Salary and Military Pay to PAPOA Members Called to
Involuntary Active Duty Amending: (1) Section 1601 of the Merit
System Rules and Regulations Regarding the 2007-2010
Memorandum of Agreement and (2) the Compensation Plan for Police
Non-Management Personnel (PAPOA) Adopted by Resolution No. 8779
CMR 140:10 & ATTACHMENT
8. Approval of Utilities Public Benefit Three-Year Contract with OPOWER,
Inc. in the Total Amount of $574,083, $213,000 of Which Comes From
Federal Stimulus Funds, for Administration and Delivery of Residential
Home Energy Reports
CMR 191:10 & ATTACHMENT
9. 2ND READING Adoption of an Ordinance Amending Title 2
(Administrative Code) of the Palo Alto Municipal Code to
Amend Section 2.28.230 (Claims) of Chapter 2.28 (Fiscal
Procedures), Section 2.33.110 (Refunds; Credits) of Chapter
2.33 (Transient Occupancy Tax), Section 2.34.220 (Refunds) of
Chapter 2.34 (Real Property Transfer Tax) and Section
2.35.190 (Refunds) of Chapter 2.35 (Utility Users Tax)
(First reading April 05, 2010 – Passed 9-0)
AGENDA CHANGES, ADDITIONS, AND DELETIONS
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker.
ACTION ITEMS
Include: Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials,
Unfinished Business and Council Matters
4 04/19/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
10. Approval of Comment Letter on the Revised Draft Program EIR for the
Bay Area to Central Valley High Speed Train Project and Review of
Guiding Principles
CMR 221:10 & ATTACHMENT
11. Report on 2009 Climate Protection Plan Goals and Approval of 1)
Expanding the Greenhouse Gas (GHG) Emissions Goals and Reduction
Plan for City Operations in 2012 to 20%, 2) New Initiatives to
Accelerate GHG Reductions and Cost Savings for City Operations
CMR 194:10 & ATTACHMENT
12. Response to Colleagues Memo Directing the City Manager to Explore
Ways to Reduce Potable Water Use in Palo Alto by 20% by 2020 and
Approve Proposed Baseline and Strategies to Achieve the 20% Goal
CMR 212:10 & ATTACHMENT
13. Update on City Sustainability and Environmental Initiatives Including a
Report from the Community Environmental Action Partnership (CEAP)
CMR 200:10 & ATTACHMENT
14. Adoption of a Resolution Approving Additional Findings of Fact for the
City’s Green Building Ordinance (Ordinance No. 5006) in Compliance
with California Assembly Bill 210 (2009) and Review of Report on
Implementation of the City’s Green Building Ordinance
CMR 210:10 & ATTACHMENT
5 04/19/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
15. Colleague’s Memo from Council Members Holman, Klein and Scharff
Requesting that the City Council Recommend to the Voters of Palo Alto
That They Not Sign the Union Petition Seeking to Remove the Ability of
the Council to Determine Appropriate Staffing Levels for the Fire
Department
ATTACHMENT
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Members of the public may not speak to the item(s).
ADJOURNMENT
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.
CITY OF PALO ALTO
PROCLAMATION
Expressing Appreciation to the
Friends of the Palo Alto Junior Museum & Zoo
for Outstanding Public Service
WHEREAS, The Friends of the Palo Alto Junior Museum and Zoo (Friends) have played an integral role
in the support and operation of the Palo Alto Junior Museum and Zoo (JMZ) since their inception in 1962;
and
WHEREAS, In November 2007, the City Council approved a Mutual Cooperation and Support
Agreement with the Friends (Partnership Agreement), that has improved outcomes for the JMZ by improving
outside funding for increased or enhanced JMZ programs and capital improvements; and
WHEREAS in June 2009, the Friends successfully completed a capital campaign for a new living exhibit
for the City’s Bobcats at the JMZ; and
WHEREAS, On December 7, 2009, the City Council approved an agreement to provide right of entry and
exclusive access to that portion of the park for the purposes of construction of the new bobcat facilities by the
Friends; and
WHEREAS, The Friends have engaged a contractor to complete construction of the exhibit by June 19,
2010 and upon completion will gift it to the City the exhibit at their cost of $450,000; and
WHEREAS, The Friends provide annual funding for City Staff to teach science in East Palo Alto and
East Menlo Park; and
WHEREAS, The Friends provide annual financial support for interactive exhibits at the JMZ; and
WHEREAS, The Friends contributions to the Junior Museum & Zoo benefit the children of Palo Alto,
East Palo Alto, and East Menlo Park, and the gift of Bobcat Ridge will improve the lives of the City’s bobcats
and will enrich the experience of the 150,000 children and other visitors to the JMZ each year.
NOW, THEREFORE, I, Patrick Burt, Mayor of the City of Palo Alto, on behalf of the City Council
hereby commends the outstanding public service provided by the Friends of the Palo Alto Junior Museum &
Zoo and records its appreciation for contribution of Friends of the Palo Alto Junior Museum & Zoo to the City
of Palo Alto.
Presented: April 2010
______________________________
Patrick Burt
Mayor
CITY OF PALO ALTO
PROCLAMATION
Expressing Appreciation to Save the Bay
for Outstanding Public Service
WHEREAS, Save the Bay has partnered with the Baylands Nature Preserve since 2001 to
involve local schools, community groups, businesses, and agencies in wetland restoration; and
WHEREAS, Save the Bay and their volunteers donate approximately 8,000 volunteer hours
and plant approximately 10,000 native plants each year in the Palo Alto Baylands. These
restoration activities, performed by volunteers, are helping to stabilize our creeks, wetlands, and
bay shoreline, thus improving habitat for fisheries, invertebrates, birds, and other wildlife in San
Francisco Bay; and
WHEREAS, Save the Bay provided the funding for a native plant nursery at the Baylands in
2004. The nursery allowed the City to save approximately $10,000 per year, and more
importantly, allowed our volunteers to participate in all aspects of the restoration process from
non-native removal to seed collection to plant propagation and out-planting; and
WHEREAS, Save the Bay provides expertise on restoration project planning, plant propagation,
and management of much of the restoration efforts at the Baylands; and
WHEREAS, Save the Bay is in the process of funding the construction of a new greenhouse
and work shed to enhance the existing native plant nursery at the Baylands.
NOW, THEREFORE, I, PATRICK BURT, Mayor of the City of Palo Alto, on behalf of the
City Council hereby commends the outstanding public service provided by the American Red
Cross and records its appreciation for contribution of Save the Bay to the City of Palo Alto.
Presented: April 2010
______________________________
Patrick Burt
Mayor
CITY OF PALO ALTO
PROCLAMATION
Expressing Appreciation to
John Reinhardt
for Outstanding Public Service
WHEREAS, John Reinhardt retired in 1999 as a physicist, mechanical and electronic
engineer who worked on the first communication system for the Apollo program; the first metal
mirror into space; a device measuring underground nuclear explosions; a device to detect
radiation after the Navy lost the USS Thresher nuclear submarine; and, a camera for the U2 spy
plane; and
WHEREAS, John Reinhardt remains busy in retirement by volunteering his services as a
Friend of Foothills Park, participating in the Panda program and as a Graffiti Buster, he adopted
a mile of Adobe Creek, and built a Kiosk at the Baylands; and
WHEREAS, As a member of the Palo Alto Seniors Men’s Club, John Reinhardt, who upon
hearing how short staffed golf maintenance has been, has worked for the past year assisting the
golf course with their native grass and plant project; and
WHEREAS, John Reinhardt designed and built a nursery, recruited as many as ten
volunteers, set up meetings, and has been growing and planting native grasses and plants at the
Municipal Golf Course; and
WHEREAS, John Reinhardt put in a tremendous amount of energy and hours over this past
year worked to achieve the goal of reducing water usage and fertilizers, reducing mowing and
labor, improving wildlife habitat, all the while giving the golf course a new look, hoping to
attract more revenue; and
NOW, THEREFORE, I, Patrick Burt Mayor of the City of Palo Alto, on behalf of the City
Council hereby commends the outstanding public service provided by John Reinhardt to the City
of Palo Alto.
Presented April 2010
______________________________
Patrick Burt
Mayor
TO: HONORABLE CITY COUNCIL (!)
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: APRIL 19, 2010 CMR:206:10
REPORT TYPE: INFORMATION
SUBJECT: Staff Update Regarding April 22, 2010 Effective Date for Ordinance
Restricting Food Vendors' Use of Expanded Polystyrene
SUMMARY
On Earth Day2010 (April 22, 2010) Palo Alto's Ordinance to restrict food vendors from providing
prepared food in disposable food service containers made from expanded polystyrene or non-
recyclable plastic goes into effect. The Ordinance, adopted on May 11, 2009, is primarily intended
to reduce the negative environmental impacts of expanded polystyrene food service containers,
which become a very persistent and mobiksource of litter to local creeks and marine ecosystems
when improperly disposed.
BACKGROUND
Expanded polystyrene foam presents unique management issues because it is lightweight, floats,
resists biodegradation, and easily breaks into smaller pieces. These small pieces can be ingested by
marine wildlife, leading to reduced appetite and nutrient absorption and possible death by
starvation. According to a United Nations Environment Global Program of Action Study, at least
162 marine species including most seabirds are reported to have eaten plastics and other litter.
Although expanded polystyrene is considered an inexpensive and effective product, it has many
drawbacks and hidden costs which are deferred to the public and the environment. Food service
polystyrene is a one-time use product that degrades extremely slowly in nature. Expanded
polystyrene litter is not easily contained and is often conveyed to local creeks, the San Francisco Bay
and the Pacific Ocean. Expanded polystyrene waste constitutes 15% of the litter collected in storm
drains, and is the second most abundant type of marine debris according to a 2004 California
Integrated Waste Management Board Study.
On February 11, 2009, the San Francisco Bay Regional Water Quality Control Board listed many
Bay Area creeks as having water quality that is impaired by trash, as defined by the Clean Water Act.
The accompanying staff report identified expanded polystyrene as one of the types of trash
responsible for the impairment.
CMR:206:10 Page 1 of3
The primary goal of the Ordinance is to restrict food vendor use of expanded polystyrene disposable
food service containers and to create a shift to multiple-use containers where possible. Where
multiple-use containers are not viable, the desired shift is to recyclable plastic or fiber (paper)
containers.
Summary of Ordinance
The definition of Food Vendor contained in the Ordinance is broader than traditional food service
establishments and includes retail food vendors, cafeterias, sidewalk and other outdoor food vendors,
food vehicles, and caterers. Foods that are prepared or packaged outside of the City of Palo Alto are
exempt. The food service container restriction is limited to containers used for prepared and ready-
to-consume food, and does not apply to single-use disposable straws, utensils, or hot cup lids. The
Ordinance also prohibits the use of expanded polystyrene or non-recyclable plastic food service
containers at City facilities, City managed concessions, City sponsored events, and City permitted
events. Food vendors are required to comply on April 22, 2010; but the City may grant exceptions
on a case by case basis exempting a vendor from compliance up to one year based on undue hardship
in certain specific situations. No food vendors have applied for an exemption, to date.
How many food seryice establishments are impacted?
Extrapolating from a survey of 118 Palo Alto Food Vendors, staff estimated that approximately 30%
of all Palo Alto Food Vendors (approximately 400 facilities) use expanded polystyrene or non-
recyclable plastic food service containers.
Outreach to Restaurants
In October 2009, City staff sent 376 letters to food service establishments informing them about the
adoption of the Ordinance and included a complete copy of the Ordinance. On April 1 st, City staff
sent a reminder postcard to food service establishments reminding them of the Ordinance's effective
date. A second postcard will be sent to food service establishments on April 21 st reminding them
that expanded polystyrene and non-recyclable food service containers are now restricted as of
April 22, 2010. To date, City staff has not received any responses from the food vendors.
RESOURCE IMPACT
No impact to the refuse fund.
ENVIRONMENTAL REVIEW
Approval of staff's update does not meet the definition of a "proj ect" pursuant to Section 21065 of
the Public Resources Code, thus CEQ A reviews is not required. Previously on May 11, 2009, City
Council approved a Negative Declaration which confirmed that the Ordinance does not have the
potential to result in significant impact on the environment.
ATTACHMENTS
Attachment A: Ordinance
Attachment B: Reminder postcard to food service establishments
CMR:206:10 Page 2 of3
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:206:10
KARIN D. NORTH Associate Engineer . .
.~JJi:j---
GLENN S. ROBERTS
Director 0 blic Wor
Page 3 of3
ATTACHMENT A
Ordinance No. 5039
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 5.30 (''Chlorofluorocarbon -Processed Food
Packaging") and Adding a New Chapter 5.30 ("Expanded
Polystyrene and Non-Recyclable Food Service Containers") to
Title 5 ("Health and Sanitation") of the Palo Alto Municipal
Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and purpose. The Council finds and declares as follows:
(a) The prevalent use of polystyrene as a food service container product is increasing,
largely bolstered by its affordability; however, production costs continue to rise due
to increasing crude oil prices. While the California Integrated Waste Management
Board (CIWMB) estimates that Californians use 165,000 tons of polystyrene each
year for packaging and food service purposes alone, there is currently no
economically feasible means of recycling the product in the City of Palo Alto.
According to a 2000 CIWMB study only 0.2% of polystyrene food service
packaging is recycled statewide.
(b) There are two types of polystyrene commonly used as food service containers:
oriented polystyrene (clear and rigid) and expanded polystyrene (opaque foam). The
Palo Alto community throws away approximately 305 tons of expanded polystyrene
containers each year, according to a Palo Alto Waste Composition Study conducted
in May 2006. The Palo Alto Recycling. Center has never been able to accept
expanded polystyrene food service containers, and expanded polystyrene food
service containers are not compatible with the new commercial composting service
that commences on July 1,2009.
(c) On January 12, 2009, the Palo Alto Recycling Center stopped accepting expanded
polystyrene peanuts and expanded polystyrene blocks commonly used for consumer
goods packaging. Expanded polystyrene peanuts and. expanded polystyrene blocks
are cOnsidered to be more amenable to recycling than expanded polystyrene food
service containers. Ongoing logistical and quality control challenges related to the
minimal recycling market for expanded polystyrene. make even the recycling
program for peanuts and blocks infeasible. All expanded polystyrene materials must
now be disposed of in a landfill.
(d) Although expanded polystyrene is considered an inexpensive and effective product, it
has many drawbacks and hidden costs which are deferred to the public and the
environment. Food service polystyrene is a one-time use product that degrades
extremely slowly in nature. Expanded polystyrene litter is not easily contained and is
1
090512 sY1l6050S39
often conveyed through stonn drains to local creeks, the San Francisco Bay and the
Pacific Ocean. Polystyrene waste constitutes 15% of the litter collected in stotm
drains, and is the second most abundant type of marine debris according to a 2004
CIWMB study.
(e) Expanded polystyrene foam presents unique management issues because it is
lightweight, floats, resists biodegradation, and easily breaks into smaller pieces.
These small pieces, similar in size to plankton, are ingested by marine wildlife,
leading to reduced appetite and nutrient absorption and possible death by starvation.
According to a United Nations Environment Global Program of Action study, at least
162 marine species including most seabirds are reported to have eaten plastics and
other litter. . ,
(t) On February 11, 2009, the San Francisco Bay Regional Water Quality Control Board
listed two Palo Alto creeks, Sari. Francisquito Creek and Matadero Creek, as having
water quality that is impaired by trash, as defined by the Clean Water Act. The staff
report recommending that tlJ,e creeks be listed identifies expanded polystyrene M
being one of the types of trash responsible for the impairment.
(g) Both of the major chemicals used to produce expanded polystyrene, Benzene (a
known human carcinogen) and Styrene (a possible carcinogen and neurotoxin), are
suspected by the EPA and FDA to leach from polystyrene food containers, posing a
threat to the environment and human health.
(h) The City of Palo Alto desires to protect the natural environment, the health of its
citizens, and the economy. This includes exercising environmental stewardship by
reducing the amount of expanded polystyrene and non-recyclable plastic released into
the City's ecosystem and beyond.
(i) Non-recyclable materials pose a challenge to any environmentally and fiscally
responsible solid waste management program. Regulation of food packaging is
necessary to encourage a recyclable waste stream and to reduce the disposal of solid
waste and the economic and environmental costs of waste management.
0) It is the intent of the Council to reduce the negative impacts of expanded polystyrene
food service containers and encourage the use of recyclable alternatives through the
implementation of this Ordinance.
SECTION 2. Chapter 5.30 (Chlorofluorocarbon -Processed Food Packaging) of the
Palo Alto Municipal Code is hereby repealed in its entirety and a new Chapter 5.30 is added to
read as follows:
II
/I
II
2
090512 syn 6050539
Chapter 5.30
EXPANDED POLYSTYRENE AND NON-RECYCLABLE FOOD SERVICE
CONTAINERS
Sections:
5.30.010
5.30.020
5.30.030
5.30.040
5.30.050
5.30.060
5.30.070
5.30.010
Definitions
Prohibitions on the Use of Expanded Polystyrene and Non-Recyclable Plastic
Exemptions
Operative Dates
Severability
Penalties
Construction and Preemption
Definitions.
(a) "City facilities" refers to any building, structure or vehicle owned or operated by the
City of Palo Alto, its agents, departments and franchises.
(b) ''Disposable food service container" means single-use disposable product used by
food vendors for serving or transporting prepared and ready-to-consume food or
beverages. This includes but is not limited to plates, cups, bowls, lids, trays and
hinged or lidded containers. This does not include single-use disposable straws,
utensils, or hot cup lids.
.
(c) "Expanded Polystyrene" -means a thennoplastic petrochemical material utilizing the
styrene monomer, marked with recycling symbol #6, processed by any number of
techniques including, but not limited to, fusion of polymer spheres (expandable bead
polystyrene), injection molding, form molding, and extrusion-blow molding
(extruded foam polystyrene), sometimes incorrectly called Styrofoam®, a Dow
Chemical Company trademarked fonn of polystyrene foam insulation. In food
service, expanded polystyrene is generally used to make cups, bowls, plates, and
trays.
(d) "Food vendor" ineans any establishment, located or providing food within the City of
Palo Alto, which provides prepared and ready-to-consume food or beverages, for
public consumption including but not limited to any store, supennarket, delicatessen,
restaurant, retail food vendor, sales outlet, shop, cafeteria, catering truck or vehicle,
sidewalk or other outdoor vendor, or caterer.
(e) ''Non-Recyclable Plastic" means all plastics that do not meet the definition of
"Recyclable Plastic".
3
090512 syn 60505~9
(t) "Prepared food" means any food or beverage prepared for consumption using any
cooking, packaging, or food preparation technique, including but not limited to
cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which
requires no further preparation to be consumed. Prepared food includes uncooked
fruits or vegetables and any "take-out" food, or food consumed off the food vendor's
premises. Prepared food does not include any uncooked meat, fish, poultry, or eggs.
(g) "Recyclable Plastic" means all plastics that can be recycled, salvaged, compostoo,
processed, or marketed by any means other than land-filling or burning, whether as
fuel or otherwise, so that they are returned to use by society. Recyclable plastics
include any plastic which can be feasibly recycled by the City's municipal recycling
program and presently is limited to those plastics With the following recycling
symbols: #1 -polyethyleneterephthalate (PET or PETE), #2 -' high density
polyethylene (HDPE), #3 -polyvinyl chloride (PVC), #4 -low density polyethylene
(LDPE), #5 -polypropylene (PP), #6 -polystyrene, exCept for the expanded version
of polystyrene, and #7 -other plastics, including compostable plastics such as
polylactic acid (PLA) For purposes of this Chapter, Recyclable Plastic does not
include expanded polystyrene labeled with recycling symbol #6.
5.30.020 Prohibition on the Use of Polystyrene and Non-Recyd~ble Plastic.
(a) Except as provided by section 5.30.030 food vendors are prohibited from providing
prepared food in disposable food service containers made from expanded polystyrene
or non-recyclable plastic.
(b) . Except as provided by section 5.30.030 all City facilities, City managed concessions,
City sponsored events, and City pennitted events are prohibited from using
disposable food service containers made from expanded polystyrene or non-
recyclable plastic.
( c) Nothing in this Ordinance shall be interpreted to restrict the use of any fonn of fiber or.
paper disposable food service container, or the use of any fonn of biodegradable or
compostable plastic food service container that meets the definition of Recyclable
Plastic, in Section 5.30.010(g).
5.30.030 Exemptions
(a) Foods prepared or packaged outside the City of Palo Alto are exempt from the
provisions of this Chapter. Purveyors of food prepared or packaged outside the City
of Palo Alto are encouraged to follow the provisions of this Chapter.
(b) Coolers and ice chests that are intended for reuse are exempt from the provisions of
this Chapter:
( c) The director of Public Works, or hislher designee, may exempt a food vendor from
the requirements of this Ordinance for a period of one year, upon showing by the
food vendor that the conditions of this Ordinance would cause an undue hardship. An
''undue hardship" includes, but is not limited to situations unique to the food vendor
4
090512 syn 6050539
where there are no reasonable alternatives to expanded polystyrene or non-recyclable
plastic disposable food service containers and compliance with this Ordinance would
cause significant economic hardship to that food vendor, or cause the food vendor to
be deprived of a legally protected right.
(d) A food vendor seeking an exemption application shall include all information
necessary for the City to make its decision, including but not limited to
documentation showing the factual support for the claimed exemption. The Director
may require the applicant to provide additional infonnation to pennit the Director to
determine facts regarding the exemption application.
(e) Emergency Supplies and Service Procurement. City facilities, food vendors, City
franchises, contractors and vendors doing business with the City shall be exempt
from the provisions of this chapter, in a situation deemed by the City Manager to be
an emergency for the immediate preservation of the public peace, health or safety.
5.30.040 Operative Dates.
All food vendors and City facilities must comply with the requirements of this
Ordinance by April 22, 2010. '
5.35.050 Severability.
If any provision or clause of this chapter is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other proVisions of
this chapter, and clauses of this chapter are declared to be severable.
5.35.060 Penalties
(a) Anyone violating ~r failing to comply with any of the requirements of this Chapter
shall be guilty of an infraction as set forth in Chapter 1.08 of the Palo Alto Municipal
Code.
(b) Each and every sale or other transfer of disposable food service containers made
from expanded polystyrene or non-recyclable plastic shall constitute a separate
violation of this Ordinance.
(c) The remedies and penalties provided in this Section are cumulative and not
exclusive.
5.35.070 Construction and Preemption
This Chapter and any of its provisions shall be null and void upon the adoption of
any state or federa1law or regulation imposing the same, or essentially the same, limits on the
use of prohibited products as set forth in this Chapter. This Chapter is intended to be a proper
exercise of the City's police power, to operate only upon its own officers, agents, employees and
facilities and other persons acting within its boundaries, and not to regulate inter-city or interstate
commerce. It shall be construed in accordance with that intent.
5
090512 syn 6050539
· .
SECTION 3. The City Council finds that the adoption of this Ordinance is subject to
environmental review under provisions of the California Environmental Quality Act (CEQA)
under Section 15070 of the CEQA Guidelines, ("Decision to Prepare a Negative or Mitigated
Negative Declaration"). The Department of Planning and Community Environment prepared an
Initial Study for this Ordinance, which confinned that the Ordinance does not have the potential
to result in a significant impact on the environment. Consequently, a Negative Declaration was
prepared, made available for public review beginning August 29, 2008 through September 17,
2008 and is hereby adopted.
SECTION 41 This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: APRIL 27, 2009
PASSED: MAY 11,2009
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KI~HIMOTO, KLEIN,
SCHMID, YEH
NOES:
ABSENT: MORTON
ABSTENTIONS:
Mayor
APPROVED AS TO FORM:
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ATTACHMENTB
TO: HONORABLE CITY COUNCIL e
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: APRIL 19,2010 CMR:215:10
REPORT TYPE: INFORMATION
SUBJECT: Staff Update on Less-Toxic Pest Control Program for City Operations
RECOMMENDATION
Staff recommends that the City Council accept this report titled Update on Less-Toxic Pest
Control Program for City Operations.
BACKGROUND
In 2001, the City of Palo Alto adopted a reduced-risk pest management policy and drafted an
Integrated Pest Management plan for the use of pesticides by City staff and contractors.
The goals of the Integrated Pest Management program are to:
• minimize water quality and other eco-toxicity impacts from the City's pesticide use;
• minimize total pesticide use; and
• use the least toxic pesticides when pesticide use is required
These goals are achieved through an annual quantification of the City's pesticide use and
continual improvement of pest control strategies.
Integrated pest management also known as reduced-risk or less-toxic pest management,
encourages long-term pest prevention and suppression through a combination of techniques
including biological controls, habitat manipulation, use of resistant plant varieties, improved
landscape and building hygiene, and structural repair and pest barriers. Integrated Pest
Management sanctions synthetic chemical pesticides only as a last resort, and only with the least
toxic chemicals available. While the City of Palo Alto has used these principles for many years,
additional storm water protection regulatory requirements resulted in a more formal, structured
Integrated Pest Management program in 2001. It should be noted that some pest controls, such
as use of mulching, mowing, and mechanical removal of weeds, were in place before
quantification of pesticide use began in 2001, so that reductions in the use of some pesticides
have been greater over the long term than the data indicates. In addition, natural pest population
cycles may fluctuate annually depending on climate, food availability and site conditions and so
annual pest management and pesticide use may fluctuate accordingly.
CMR:215:1O Page 1 of4
To evaluate the chemical toxicity of chemicals used, a tiered system is used based on a City of
San Francisco study which considers (1) acute human toxicity and chronic health risks; (2) the
level of training required to use the product; (3) inclusion ofa chemical on the Clean Water Act
303d list for impairment of a local water body; (4) environmental toxicity; and (5) a chemical's
persistence and mobility in soil. Tier 1 chemicals are of highest concern, Tier 2 are of moderate
concern, and Tier 3 are of lowest concern. To be identified as a Tier 1 chemical, a product needs
to be identified as high risk with regard to only one of the five criteria above. Because of this
strict criteria, most pesticides are classified as Tier 1.
A primary focus of the City's IPM program is to identify and reduce the use of a subset of Tier 1
pesticides that exhibit ecotoxicity. Ecotoxicity is defined as toxicity to birds, fish, bees, and
aquatic indicator species, and potential secondary or non-target poisoning from consumption of
rodent baits based on product "Material Safety Data Sheets" and other resources.
DISCUSSION
This update summarizes the IPM program's overall program successes, specific 2009
accomplishments and the program's priorities for 2010. It should be noted that while Public
WorkslEnvironmental Compliance coordinates the City's IPM efforts, City staff in Community
Services (Golf, Open Space, Parks) and other divisions of Public Works (Facilities) should be
largely credited with the positive results of their hard work to achieve the City's IPM goals. The
attached 2009 Pest Management and Pesticide Use report includes photos and detailed
information.
2009 Program Accomplishments:
Total Active Ingredient, Tier 1 and Ecotoxic Pesticide Use (2001~2009)
500 ,..-------446-........... ----44-9--------....." III Total Pesticides Applied I
450 +----....... ---~
390 _ 400 +-----.. --~
In g 350+----... Ii 300 -1-2-'1'8---;; e 250
0)
.5 200
i 150 u
<C 100
50
o
2001 2002 2003
355
2004 2005
Year
2000 2007
DTier 1 Pesticides
• Ecotoxic Pesticides
252
2008 2009
• Both the City's total active ingredient as well as ecotoxic pesticide use decreased to
historically low levels since the program's inception in 2001. Ecotoxic pesticides use fell
by 43% in 2009 which is significant because ecotoxicity reduction is the primary driver
of the City's pesticide reduction efforts.
CMR:215:10 Page 2 of4
• The herbicide Roundup (glyphosate) use has fallen 78% and insecticide use has fallen
75% since their highest use levels in 2003; rodenticide use decreased by 54% since 2008
and wil1likely further decrease due to new non-pesticide control methods.
• The Parks Department launched a pesticide-free park program that began with Sarah
Wallis Park. One or two parks will be added each year alternating between north and
south Palo Alto.
• The golf course implemented a successful perimeter trapping program for gophers. This
action significantly reduced the use of ecotoxic rodenticides. Trapping has proven to be
better at controlling gopher populations than the chemical controls used in previous years
and is less expensive.
• Language for a new Landscape Maintenance Contract was updated to include
requirements for Bay Friendly techniques (which supports IPM), the use of organic
fertilizers and IPM requirements. The contract will be awarded in 2010 and an update on
its impacts will be provided in the 2010 IPM Report.
Program Accomplishments since 2001
• The City was awarded IPM Innovator of the Year Award in 2003 by the California
Department of Pesticide Regulation.
• Alternative forms of pest control have been implemented to avoid pesticide use including
the use of power washing to control tussock moths, visual barriers and raptor perches to
reduce ground squirrel activity, goats for open space weed control and heavy mulching to
reduce weeds in parks, structural repairs to deter mice and rats, and experimenting with
newer pesticides that meet the City's Tier 2 criteria.
• The City was the first public agency or business to require its structural pest control
operators to be Eco Wise Certified in 2007. Eco Wise Certified is a rigorous Bay Area
wide program developed by pest control and water quality professionals and the National
Resources Defense Council which demands rigorous less-toxic pest control services and
training from pest control operators. The City's current Eco Wise Certified pest control
operator, Pestec, uses no spray poisons to control ants or stinging insects, and only
exclusion methods and traps to control mice and rats. The Facilities Division undertook
an ambitious 18 month process to install door sweeps, and make various building repairs
to block access to pests across the City. This has reduced pest control complaints and
resulted in a much higher efficacy of pest controL
• Piloted the use of "bee tunnels." The City's contractor, Pestec, identified a method of
rerouting bees that are entering and exiting their hives away from people when
human/bee interface is likely. The device protects bees and humans when a potential for
interaction is likely.
• Annually updated information is available to the public on the City's website showing
pesticide use by location, date applied and pest managed.
CMR:215:10 Page 3 of4
• The City co-funds and operates in-store programs that direct the public to least-toxic pest
control products and offers periodic workshops on less-toxic pest control.
2010 Priorities for City of Palo Alto IPM Program
Staff will continue to target the reduction of the City's use of ecotoxic pesticides and those that
are used in large amounts. Specific task reconnnendations are to:
1. Continue to follow and encourage the success of perimeter trapping for gophers which
should nearly eliminate all rodenticide use except for small amounts used for ground
squirrels.
2. Explore options for ground squirrel control to further reduce ecotoxic pesticide use.
3. Investigate IPM and less-toxic product alternatives for weed control at the golf course.
4. Track the addition of pesticide-free parks in the City and the results of adding IPM
language into landscape maintenance contracts.
5. Track and support as appropriate the expansion of Eco Wise Certified.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENT
Attachment A: 2009 IPM Report
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:215:
ATTACHMENT A
Background
City of Palo Alto
2009 IPM Program Report
February 8,2010
In 2001, the City of Palo Alto adopted a reduced-risk pest management policy and drafted an
Integrated Pest Management (IPM) plan for the use of pesticides by City staff and contractors.
The goals of the IPM program are to:
• minimize water quality impacts from pesticide-related ecotoxicity;
• minimize total pesticide use; and
• use the least toxic pesticides when pesticides are needed.
These goals are to be achieved through an annual quantification of the City's pesticide use and
continual improvement of pest control strategies.
Integrated pest management (IPM), also known as reduced-risk pest management, encourages long-
term pest prevention and suppression through a combination of techniques including; biological
controls, habitat manipulation, use of resistant plant varieties, improved landscape and building
hygiene, and structural repair and pest barriers. IPM sanctions synthetic chemical pesticides only as a
last resort; and only with the least toxic chemicals available. While the City of Palo Alto has used these
principles for many years, additional storm water protection regulatory requirements resulted in a more
formal, structured IPM program. It should be noted that non-chemical controls, were in place before
quantification of pesticide use began in 2001, so that reductions in the use of some pesticides have
been greater over the long term than the data indicates.
To evaluate the chemical toxicity of chemicals used, a tiered system is used! (based on a City of San
Francisco study) which considers (1) acute human toxicity and chronic health risks; (2) the level of
training required to use the product; (3) inclusion of a chemical on the Clean Water Act 303d list for
impairment of a local water body; (4) environmental toxicity; and (5) a chemical's persistence and
mobility in soil. Tier 1 chemicals are of highest concern, Tier 2 are of moderate concern, and Tier 3 are
oflowest concern. To be identified as a Tier 1 chemical, a product needs to be identified as high risk
with regard to only one of the five criteria above.
A primary focus of the City's IPM program is to identify and reduce the use of a subset of Tier 1
pesticides that exhibit ecotoxicity. Ecotoxicity, for this report, is defined as toxicity to birds, fish, bees,
and aquatic indicator species, and potential secondary or non-target poisoning from consumption of
rodent baits based on product MSDSs and other resources.
This 2009 update summarizes the year's successes and challenges, reports on the City's 2009 pesticide
use data, discusses program accomplishments and progress on the 2008 report recommendations, and
makes 2010 project recommendations.
1 See Appendix I: Evaluation and Rating of Pesticide Toxicity Risk
1
Summary of 2009 Program Achievements and Pesticide Use Changes
1. The City's total active ingredient and ecotoxic pesticide use decreased to historically low levels
since the program's inception in 2001. Ecotoxic pesticides use fell by 43% which is significant
because ecotoxicity reduction is the primary driver of the City's pesticide reduction efforts.
2. The golf course implemented a successful perimeter trapping program for gophers. This action
significantly reduced the use of ecotoxic rodenticides. Trapping has proven to be better at
controlling gopher populations than the chemical controls used in previous years.
3. The Parks Department launched a pesticide-free park program that began with Sarah Wallis Park.
One or two parks will be added each year as funding allows, alternating between north and south
Palo Alto.
4. Language for a new Landscape Maintenance Contract was updated to include requirements for Bay
Friendly techniques (which supports IPM), the use of organic fertilizers and IPM requirements.
The contract will be awarded in 2010 and an update on its impacts will be provided in the 2010
lPMReport.
2
2009 Pesticide Use Information
1. Total Active Ingredient Use Trends
Total active ingredient use decreased by 17 pounds (6%) in 2009 because of a reduction in use of
aluminum phosphide, flutolanil and imazypyr.
Figure 1: Total Pesticide Active Ingredient Use by Year (2001-2009)
500
446 449 .-. 450 11 = 400 II: ~ 350
CD & 300 .E
CD 250 > :;:; u 200 c( .... 0
1: 150
::s 100 0 E 50 c(
0
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
3
350
300
j 250 ::::=. -c .m 200
"D e r 150
4» > ts 100 c(
50
0
2. Tier 1-3 Pesticide Use
The City's use of Tier 1,2, and 3 pesticides for calendar years 2001 through 2009 is displayed in
Figure 2. Figures 3 through 6 provide annual pesticide use, by tier, for controlling fungus, rodents,
weeds, and insects, respectively.
Figure 2: Tier 1, 2, and 3 Pesticide Use by Year (2001-2009)
2001 2002 2003
Tier 1 Pesticide Use
2004 2005
Year
2006 2007 2008
.Tier 1
l1Tier2
DTier 3
2009
In 2009, total Tier 1 use remained almost identical to the previous year-one pound less of Tier
1 active ingredient was use.d in 2009. A decrease of 36 pounds of aluminum phosphide and
imazapyr was offset by a 43 pound increase in Mancozeb use.
Tier 2 Pesticide Use
Tier 2 pesticide use decreased by 15 pounds largely because of 14 pounds less flutolanil
(ProS tar) applications. Fludioxonil (Medallion ), flutolanil (ProStar), and glyphosate (Roundup)
comprised 92% of the Tier 2 pesticides used in 2009. The use of Roundup herbicide decreased
slightly in 2009 but has reduced by 81 % from the peak level of 2003 due to heavy mulching
and mechanical weed removal. Total herbicide use is at an historical low.
Tier 3 Pesticide and non-chemical controls
Tier 3 products were not used in 2009, but non-toxic pest control measures which are favored
over Tier 3 product use continue to expand. Non-chemical controls include power washing for
tree pests, mulching to reduce weeds, structural repairs to deter ants and mice, and trapping for
gophers.
4
Toxicity of Pesticides Used for Key Pests
A majority of the Tier 1 pesticides are used for controlling fungi, rodents and insects. Most Tier 2 pesticides are for weed control. Most
Tier 3 products have been used for insect or weed control.
Figure 3: Summary of pesticides used to control fungus Figure 4: Summary of pesticides used to control rodents
300.----------------------------------------------. 40
300 -+-.. _Tier 2 M .. 35 .Tier2
ilTier 1
:e 30 -@. 250
1: t 200
I!!ITier 1 II 1: 25
CD
=150 .s
~ 100 :e
< 50
o
400
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
Figure 5: Summary of pesticides used to control weeds
350 +--~~~~~~~~ DTier 3 -11/ S 300 +1-----• Tier 2
STier 1
-'I 250
1 200
If .-150 CD
.i:t 100 ~ 50
o
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
120 CD .e 15 CD > :e 10 < 5
0
2001 2002 2003 2004 2005 2006 2007 2008 2009
Year
Figure 6: Summary of pesticides used to control insects
50 I==---=---~===:::~-45r----------r~-------------------=~====~ i 40 1-------..J
:35
OTier3
c :; 30 T----~~~~~~~~~
I!! 25 ,---------CD .s 20
~ 15
~ 10
5
o
.Tier2
2001 2002 2003 2004 2005 2006 2007 200S 2009
Year
5
Top five active ingredients used by weight
Figure 7 presents the five most-used pesticide active ingredients by weight for 2009. Mancozeb,
aluminum phosphide and imidacloprid are Tier 1 pesticides. Flutolanil and glyphosate are Tier 2
pesticides.
Figure 7: Top Five Pesticides Applied by Weight
All others
17% Aluminum Phosphide
(Fungicide)
4%
I midacloprid
(Insecticide)
4%
Flutolanil (Fungicide)
7%
Glyphosate (Herbicide)
25%
Mancozeb (Fungicide)
43%
Figure 8: Usage History for 2009 Top Five Active Ingredien1s
350~~~~~==~~~~==~~~~=-~~~~==~~~~~~~
300 ..... fn
@. 250
.! 1:$ 200 C
'B 150
C J 100
50 +.1i1I~
o +--="-
Mancozeb
(Fungicide)
Glyphosate
(Herbicide)
Flutolanil
(Fungicide)
Active Ingredient
Imidacloprid
(Insecticide)
Aluminum
Phosphide
(Fungicide)
,----'-~
6
Table 1: 2009 Change in Top Five Active Ingredient Usage
Amount
Changed Percent Location
Active Ingredient Tier 2008 2009 (Ibs) Change Used
Mancozeb (Fungicide) 1 66 109 43 64% Golf Course
Parks, PWD
Operations-
Glyphosate (Herbicide) 2 69 63 -6 -9% Trees
Flutolanil (Fungicide) 2 32 18 -14 -44% Golf Course
I midacloprid (I nsecticide) 1 8 10 2 24% Trees
Aluminum Phosphide Open Space-
JFun9icide) 1 36 10 -26 -72% Foothills Park
Ecotoxic Pesticide Use in 2009
The primary driver ofthe City's IPM policy and plan is the avoidance of ecotoxicity in water bodies from
pesticide use. Ecotoxicity, for this report, is defined as toxicity to birds, fish, bees, and aquatic indicator
species, and potential secondary or non-target poisoning from consumption of rodent baits based on
product MSDSs and other resources. Ecotoxic pesticides are a subset of Tier 1 pesticides as described
previously in this report. A product's potential ecotoxicity does not necessarily mean an immediate threat
to the environment; how, where, and when the pesticide is applied and the product's breakdown time are
all factors in its ultimate environmental impact.
Factors to consider:
• Some product formulations use procedures that restrict product entry into the environment, such as
containerized ant baits and dusts (applied in wall cracks and crevices) ..
• Conversely, even small amounts of some pesticides such as non-containerized pyrethroids (e.g.,
bifenthrin, cyfluthrin, delta-methrin) usually associated with sprayed ant pesticides, should be targeted
because of their persistent toxicity in urban creek and Bay sediments when rain or irrigation washes
them from surface areas into waterways.
• Pesticides not identified by the EPA as known ecotoxins are not free of risk. Proprietary inert
ingredients and synergistic effects of multiple pollutants may still impact water quality and for that
reason, large amounts of use of any single product are warranted for potential reduction.
7
Figure 9: Total Active Ingredient, Tier 1 and Ecotoxic Pesticide Use (2001-2009)
500~--------------------------------------------------------------~
446 449 450+----------------------------------------------~
400 + ................... --.-='-=-----
IIITotal Pesticides Applied
DTIer 1 Pesticides
U; 350 +-------.D C.
• Ecotoxic Pesticides
1: 300 +-0,...",-------
CD :s ! 250 g
200 CD ~ u 150 c(
100
50
o
2001 2002 2003
Ecotoxic pesticide use trends
2004 2005
Year
2006 2007 2008 2009
In the first three years of Palo Alto's IPM program, the recorded use of ecotoxic and other Tier 1 active
ingredients decreased because of expanded use of non-chemical and less toxic pesticide controls, a
suspended use of some products while the goals of the City's IPM program were clarified, and because
not all information was able to be captured from contractors. In 2004 and 2005, ecotoxic pesticide use
increased because of weather conditions which resulted in the need for more fungicide use at the golf
course, but then decreased from 2006 to 2008 because of less PCNB and thiophanate-methyl use and
because the Tier 2 fungicides fludioxonil (Medallion) and flutolanil (Pro Star) were rotated into the suite
of fungicides used throughout the year.
In 2009, the golf course helped reduce the City's ecotoxic use further by switching to trapping for gophers
in lieu of chemical controls. This reduced the City's ecotoxic pesticide use to 28 pounds, the lowest
number in the program's history.
Rodents (gophers and ground squirrels), insects and weeds now pose a similar challenge in terms of
which pests currently prompt the use of ecotoxic pesticides.
Rodenticides for rats and mice are essentially no longer in use because of structural repairs that Facilities
Division has made, and because the City's structural pest control provider does not use bait for mice or
rats. The expanded gopher trapping in 2009 was very successful and Open Space plans to use more
trapping for their gopher problem in 2010. Staff anticipates that rodenticide use will continue to decrease
because of these efforts.
Insecticides used to control insect tree pests comprised 36% ofthe City's ecotoxic pesticide use in 2009,
but these products are injected into the ground around tree roots and pose minimal threat to surrounding
areas. Less than one percent of one additional ecotoxic pesticide is applied to tree foliage.
Approximately 28% of the City's ecotoxic pesticides are used for weed control at the golf course. Staff
will investigate alternative control measures in 2010.
8
Table 2: Locations of Ecotoxic Pesticide Use in 2009 and Potential for Reduction
D' .:. Active Ingredient Percent of Ecotoxic Opportunity for Reduced Use ,-"' product used and pest
Low.
Action: Staffhas already
significantly increased power
washing to control insects and
Operations-Imidacloprid 36% (10.20 Ibs) incorporates many IPM measures
Trees (Merit) Insects into tree pest management
Imidacloprid is injected into
ground around tree roots and thus
greatly minimizes potential
release to surrounding
environment.
Moderate.
Open Aluminum 36% (IO.l8Ibs) Phosphide Action: Staffwill experiment Space/foothills (Fumitoxin) Gophers with perimeter trapping in 2010
to reduce rodenticides.
Mecoprop-P, Low
Diacamba,
Golf course carfentrazon-ethyl, 27% (7.54Ibs) Action: Weeds are difficult to
2,4-D 2-Ethylhexyl Weeds control because of high standards
Ester * for golf course playability and
(Speedzone) turf stress.
Clopyralid, Moderate
Golf course Monoethanolamine 1% (0.37) Action: Staffwill investigate Salt (Lontrel Turf Weeds alternatives for golf course weeds and Ornamental) control.
Low
Trees Spinosad <1%(0.02) A very small amount of this
(Conserve) Insects product is used each year and not
considered a priority active
ingredient to target for reduction.
*These four actIVe mgredlents are all used m one product. Their weIght has been totaled together for ease of
review
9
Table 3: Progress on 2009 Recommendations for
City of Palo Alto IPM Program
Recommendation Status
1) Follow and encourage the success of perimeter Perimeter trapping has proved hugely
trapping for gopher and ground squirrels. successful and has greatly reduced the
gopher population at the golf course,
leading to a subsequent 72% reduction in
aluminum phosphide use. The golf course
plans to continue using perimeter trapping
and is exploring trapping options for ground
squirrels which should also further reduce
rodenticide use.
2) Set up initial meeting with Department ofFish A meeting was held with Open Space,
and Game, Berkeley biologist and City staff to Environmental Compliance and Dr. Gilbert
explore reintroduction of native weasels to City Proulx. Open Space is considering if and
property. when a reintroduction could proceed and
will be the lead for this action.
3) Track and support as appropriate the expansion of Eco Wise has been adopted by the
Eco Wise Certified into a program that is adopted Biointegral Resource Center and has
and managed by the Structural Pest Control funding for 2010. Its primary goal is to
Board. make EcoWise self-supporting and to
continue as a third-party [PM certifier to
companies and practitioners.
Outreach on Eco Wise Certified could be
done in 2010, although if future program
funding fails it may seek sponsorship of
another organization in the following year.
4) Go out for bid for next three-year structural pest Revisions to the contract language were
control contract emphasizing Eco Wise Certified made. The contract will be awarded in early
requirements. 2010.
5) Advocate and publicize the use of bee tunnels. Outreach was conducted through a tour.
Sharing this [PM strategy will continue
periodically.
6) Explore the timing for inclusion ofIPM language Environmental Compliance staff suggested
into landscape maintenance contracts. changes to the Landscape Management
Contract which will be awarded in 2010.
Parks staff anticipates that a majority, if not
all, of the ECD suggestions will be
incorporated into the new contract. Changes
include: a preference to have Bay Friendly
Certified landscapers, increased mulching
and organic fertilizer usage.
7) Investigate the possibility of having a pesticide-The Parks Department successfully
free park or demonstration site in the City. launched its first pesticide-free park at
Sarah Wallis Park. The Parks Department
plans to add one or two additional parks to
the list of those that don't use pesticides
each year as funding allows.
10
IPM Program History 2001-2009
Accurately assessing the success of the City's efforts to reduce pesticide use and use least toxic products is
difficult when relying solely on yearly numerical fluctuations in pesticide use. Variations in weather patterns,
natural pest population cycles, and challenges associated with quantifYing pest control efforts that use
biological or mechanical controls in lieu of pesticides are all important considerations. The following are·a
summary of key Palo Alto IPM accomplishments to date:
2001
• IPM policy is the first City Policy in the County
to be adopted. The IPM Committee drafts the
IPM Plan and Procedures.
• A tiered system for analyzing City pesticide use
is adopted and the first annual report on the
City's pesticide use is completed.
• IPM Committee votes to discontinue use of
organophosphate pesticides due to water quality
concerns associated with their use.
• Solarizing non-native plants at Pearson-
Arastradero Preserve (weeds are covered in
plastic tarps and destroyed by heat).
• Mechanical removal of weeds in Open Space
Ponds
• Bermuda grass replaces bent grass at bowling
green to reduce need for pesticides.
• City begins mulching in lieu of glyphosate use
to control weeds (both pre and post emergent).
Mulching becomes a significant contributor to
the reduction of herbicide use in the City.
• Herbicide spraying discontinued at schools due
to Healthy Schools Act.
2002
• Completed five extensive IPM plans and related
training for ants, weeds, yellowjackets gophers
and ground squirrels.
• Identified all leased fucilities and contractors
for inclusion in the City's annual pesticide
reports.
2003
A visual barrier installed at the golf course
decreased ground squirrel damage by 100%.
GIS view of pesticide application
next to Adobe creek
• City receives Department of Pesticide Regulation IPM Innovator award
http://www.cdpr.ca.gov/docslipminov/awardsl03awards.htm
• Piloted new methods to reduce yellow jackets in Parks and Open Space.
• Piloted gopher reduction strategies at Foothills Park using trapping as a primary method.
11
• In partnership with Santa Clara County Airport and
Baylands and golf course Staff implemented two new
measures to reduce ground squirrel populations
2004
a. The installation of a visual barrier hung along the
golf course/airport fence line to decrease the
ground squirrels' ability to see predators and
thus reduce activity.
b. a trap design around Baylands buildings that can
capture up to four ground squirrels at a time.
• Created pesticide data entry system using a centralized
database and simplified reporting interface. This
streamlines staff reporting time and allows staff to also
print mandatory monthly DPR reports.
• Transferred pesticide use information in database to GIS
format allowing for visual assessment of pesticide
applications next to creeks and the Bay.
• Use of goats in Open Space areas to control weeds
proves successful (reintroduction of goats to this area is
on hold due to mountain lion concerns in that area).
2005
• Scope of Services for City wide IPM contract drafted.
RFP to go out in 2006.
• Less toxic, botanically-based insecticides ordered for
Facility staff use and related Approved Pesticide List for
Facilities and staff at the Regional Water Quality
Control Plant who are responsible for their own pest
control
• Confirmed pesticide reduction hierarchy
2006
• Hired Eco Wise Certified structural pest control
company to service all City facilities (pestec)
• Identified less toxic fungicide alternatives
• Provided mini grants «$5,000) to golf course and Art
Center for structural pest control.
• Improved the City's database system.
2007
• Implemented Bco Wise Certified contractor service into
City operations and consolidated related billing and
service levels.
• Completed 50% of recommended building repairs to
reduce overall conditions that encourage pest activity.
• Tested two Tier 2 fungicide alternatives.
Goats are used to reduce weeds at Enid
Pearson Arastradero Open Space Preserve.
A bee tunnel is installed over a bee hive in
a public parking lot.
Dr. Gilbert Proulx provides information on
gopher biology and trapping.
• Held two region-wide trainings for IPM structural pest control
2008
• Medallion and Prostar, two Tier 2 fungicides, were incorporated into ongoing use at the golf course.
• A gopher and ground squirrel workshop was held inspiring staff to experiment with the use of perimeter
trapping to control these animals.
• The City's contractor, Pestec, identified a method of rerouting bees that are entering and exiting their
hives away from people when humanlbee interface is likely. Staff developed a public education piece
and internal protocol for responding to bee complaints.
• Completed structural building repairs identified in 2007 needed for ant and rat control.
• Public Works Trees incorporates power washing to remove tussock moths from trees in City parks.
2009
• Perimeter trapping proved hugely successful and reduced aluminum phosphide use by 72%.
• The Parks Department launched its fIrst pesticide-free park at Sarah Wallis Park.
• IPM language was added to parks maintenance contract.
• Palo Alto ecotoxic and total active ingredient pesticide use the lowest in program history.
2010 Recommendations for City of Palo Alto IPM Program
Based on analysis of 2009 data
Staff recommends that the City continue to target the reduction of ecotoxic pesticides and those that are
used in large amounts. These recommendations factor in reduced funding and staff resources from
previous years' budget reductions. Specific task recommendations are to:
1. Continue to follow and encourage the success of perimeter trapping for gophers.
2. Explore options for ground squirrel control to further reduce ecotoxic pesticide use.
3. Track and support as appropriate the expansion of Eco Wise Certified.
4. Advocate and publicize the use of bee tunnels.
5. Track the addition of pesticide-free parks in the City and the results of adding IPM language into
landscape maintenance contracts.
6. Investigate IPM and less-toxic product alternatives for weed control at the golf course.
13
Appendix I: Evaluation and Rating of Pesticide Toxicity Risk
1. Information sources for pesticide evaluation
Information used to evaluate hazards are obtained from the sources listed in Table 1 below:
Table 1-Pesticide Information Sources
Information
Product Literature
Product MSDS
Product Label
Other Manufacturers' Data
Registration Documents
Ingredient Data
Specific Product Risk Ratings
Source
Crop Data Management Systems Website
Manufacturers' Websites
Calif. DPR Website
EPA Reregistration Eligibility Decisions
(R.E.D.) Website
EPA & Other Websites
Toxicology Literature
San Francisco & Seattle IPM Websites
2. Defining pesticide risks. Three factors defme the overall risk:
a) The level of hazard inherent in the chemicaL Some pesticide ingredients can cause
immediate, acute injury (e.g., eye irritation), while others may take years for their toxic
effects to be seen (e.g., cancer).
b) The level of exposure that the user, near-by person, or the environment might incur.
For example, consider a rat poison contained in a tamper-resistant trap, versus that same
rat poison in pellet form spread on the ground next to a building foundation.
c) The susceptibility of the exposed person or animal to the hazard. For example, people
with asthma may be more susceptible to air-born chemicals. Also, children, the elderly, or
people recovering from an illness may each have a somewhat lesser tolerance to chemical
exposures than would an average healthy adult.
3. Qualifying the criteria used to define pesticide risks
There are several dozen chemical hazards and exposure issues that can be used to evaluate the
overall risk of individual pesticides. Examples include: toxicity to humans and animals;
potential to cause cancer; use in a sprayer versus sprinkling as a powder; and flammability.
The US Environmental Protection Agency (EPA) and California Department of Pesticide
Regulation (DPR) routinely evaluate the top 20 or so of these criteria when making decisions
14
about registering pesticide products. The Cities of San Francisco and Seattle use similar criteria
as part of their IPM programs. RWQCP staff primarily use the San Francisco criteria list in
reviewing pesticides used in Palo Alto. The risk evaluation criteria are described below: These
descriptions are adapted from extensive reports that are available on the San Francisco and
Seattle IPM websites.
a) EPA Hazard Class -"Signal Words" are required by US EPA onpesticide labels to indicate
the overall hazard category for a product, based on acutely toxic effects. Listed from most to
least hazardous, the signal words are: I-Danger, II-Warning, III-Caution, or IV-Caution. It is
preferable to use pesticides labeled as "Caution."
b) Use Restricted to Certified Applicators -Some products evaporate easily, are easily absorbed
through skin, or have other characteristics that make them a high risk to untrained users. The
EPA designates in its registration decisions which products are to be used only by a certified
applicator. It is preferable to use products that have no use restrictions.
c) Chronic Toxicity -Longer term tests on active pesticide ingredients indicate their likelihood
of causing cancer, reproductive or developmental harm, or disruption of hormone systems.
There is uncertainty in evaluating animal tests of these types, and how to apply the results to
humans. Therefore, the results will be stated as probabilities, e.g., iprodione is a "probable
human carcinogen," or iprodione is "known to the State of California to cause cancer and
reproductive harm." It is preferable to avoid pesticide products that have a possibility of
causing cancer, reproductive or developmental harm, or disrupting hormone systems.
d) Contains Clean Water Act (303d) Listed Chemicals -Copper, chlorpyrifos, and diazinon are
three pesticide ingredients managed under the Clean Water Act. The City has a stated policy
of not using products with diazinon or chlorpyrifos.
e) Ecotoxicity (Animal Toxicity) -Laboratory tests on birds, fish, bees, and other wildlife
indicate how these animals may react to unintended pesticide exposures (Le., where they are
not the pest being dealt with). As described above for acute oral toxicity, the test results are
given in terms of the dose that kills half of a group of birds, fish, or other test animals. It is
preferable to use pesticides with the following toxicity levels:
• Bird toxicity> 2,000 mglkg
• Fish toxicity> 100 mg/l
• Bee toxicity> 11 Ilg per bee
f) It is preferable to avoid products that are labeled as "highly" or "extremely" toxic to these
and other animals. Brodifacoum, Bromadionone and Bromethalin are considered specific
high-risk animal toxins, particularly due to the possibility of secondary poisonings. In
addition there are concerns about two rodenticides, chlorphacino.ne and diphacinone, which
although less toxic, also present primary and secondary risks.
g) Persistence and mobility in soil-Many pesticides biodegrade readily, and tend to remain in
the area where they are placed. Other products persist in the environment, and tend to move
through soil into the groundwater or a near-by stream. It is preferable to use pesticides with
the following characteristics:
15
• Persistence in soil < 30-day half-life
• Ability to move through soil == "Low"
• Not labeled as a groundwater contamination hazard
4. Rating Pesticide Toxicity The City of Palo Alto uses the San Francisco strategy of placing
pesticides into groups, or tiers, according to their relative risks. Table 2 outlines the four
tiers that are used, and the criteria that place a product into a specific tier.
Table 2. Pesticide "Tier Definition" System
All pesticide products are classified into one of four tiers based on each product's hazards:
Tier 1: Highest concern
Tier 2: Moderate concern
Tier 3: Lowest concern
Tier 4: Insufficient information
Tier 1: A product is Tier 1 if anyone of the following are true:
• Product is a restricted-use pesticide
• Product contains known, likely, or probable carcinogens, reproductive toxicants (CA Prop 65 list or
other published test) or endocrine disruptors as active ingredients (Illinois EPA list, or other
published test results)
• Product contains diazinon, chlorpyrifos, or copper, identified as important causes of impaired
waterbodies in California Regions 2 and 5 under section 303(D) of the Clean Water Act
• Product labeled as highly toxic or extremely toxic to birds, aquatic species, bees, or wildlife.
• Product contains the rodenticides brodifacoum, bromethalin, or bromadionone
• Product contains active ingredients with soil half-lives greater than 100 days
(not applicable to products used only indoors or to products used only in bait stations)
• Product contains active ingredients with mobility ratings high or very high or with specific label
warnings about groundwater hazard. (not applicable to products used only indoors or to products
used only in bait stations)
Tier 2: All products not specifically assigned to Tier 1 or Tier 3.
Tier 3: A product is placed into Tier 3 if all of the following are true:
16
• Product contains no possible or probable carcinogens
• Product contains no reproductive/developmental toxicants (CA Prop 65 list)
• Product contains no ingredients listed by Illinois EPA as known, probable, or suspect endocrine
disrupters
• Active ingredient has soil half-life of 30 days or less (exception for minerals
• Active ingredient has extremely low or very low mobility in soils.
• Product is labeled as non-toxic to fish, birds, bees, wildlife, or domestic animals.
Tier 4: Not enough information. Product registration or label not found, or key data not located for
active ingredient (e.g., half-life, soil binding, ecotoxicity, etc.)
17
TO: HONORABLE CITY COUNCIL (!)
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: APRIL 19,2010 ClVIR:216:10
REPORT TYPE: INFORMATION
SUBJECT: Staff Update on Zero Waste Programs 2010
BACKGROUND
This is an infonnation report on ongoing zero waste initiatives and projects. The following
report updates infonnation brought to Council on April 27, 2009 (CMR:217:09).
DISCUSSION
NEW CONTRACT WITH GREENW ASTE OF PALO ALTO
GreenWaste of Palo Alto (GreenWaste) successfully transitioned to become the City's new
hauler starting on July 1, 2009. In the first seven months of service, Green W aste is on its way to
fulfilling many of its first-year contract requirements. The following is a summary of
GreenWaste's successes since July 2009:
• Green Waste has implemented the zero waste diversion programs required in their
agreement with the City and in the 2007 Council-approved Zero Waste Operational Plan,
including the following new services:
o Collection and processing of organic materials (food waste) from the commercial
sector;
o Expanding the single stream materials accepted in the curbside recycling programs;
o Expanding Clean-up Day collection for reuse and recycling;
o Increasing construction and demolition (C&D) recycling;
o Enhancing commercial recycling, including increased container options to customers
and increased collection frequency.
As a result of implementing these services, GreenWaste is on track to meet the zero waste
collection goals for this year, having collected neady two-thirds of the first-year
recyclables and compostables tonnages required in its contract. The table below shows
the tonnages collected so far this year.
Compostables
Recyclables
C&D material
CMR:216:1O
Goal
9,000 tons
16,250 tons
N/A
Collected to Date
6,580 tons
11,363 tons
4,254 tons
% of Goal
73%
70%
N/A
Page 1 of7
• Green Waste transitioned the community to curbside collection of garbage as the standard
service. Residents were provided the option to subscribe to back yard/side yard
collection for an additional monthly fee. Currently, there are approximately 1,114
subscriptions for back/side yard collection, which is equal to less than 6 percent of the
residential customers. Residents with physical limitations that meet the terms and
conditions of the physical limitations program are eligible to receive back/side yard
collection service for garbage, recyclable materials and yard trimmings at no additional
charge. Currently there are 144 residents receiving this service.
• In the first six months of the agreement, the number of telephone calls to GreenWaste
decreased from 6,191 in July 2009 to 1,979 per month in January 2010, with the on-hold
time at the local office now averaging 38 seconds. This is almost one minute less than
their contractual requirement of 90 seconds.
• The Green Waste agreement emphasizes the continuance of high quality, consistent,
reliable and courteous services and as a result, if performance standards are not met,
specific liquidated damages can be assessed in the categories of collection reliability,
collection quality, customer responsiveness, reporting, processing, and miscellaneous.
GreenWaste has been able to continue to consistently provide the required service and
meet the contractual requirements, and therefore no liquidated damages have been
assessed. Ninety-nine percent of the previous PASCO drivers have continued
emploYIntmt with Green Waste
• As part of the agreement, Green Waste was required to integrate with the City's new SAP
billing system by providing a data management system capable of supporting SAP.
Green W aste successfully worked with the City to develop and implement an electronic
synchronization interface that communicates between their customer service database and
the City's billing system.
ZERO WASTE A'h CITY FACILITIES
City facilities are the fourth largest generator of waste in Palo Alto -over 4,000 tons per year.
Public Works staff is in the process of rolling out compostables collection services to City
facilities in order to increase waste diversion efforts of City operations. After the roll-out, all
City facilities will have a three-sort recycling system, with separate containers for recyclables,
compostables, and garbage. This will result in a new collection process, where janitors will
collect only recyclables at each work station and employees will be responsible for taking
compostables and garbage to centralized collection points.
This system has been implemented at the Fire Stations, Cubberley Community Center and the
Water Quality Control Plant. The three-sort recycling system began implementation at City Hall
on March 29, 2010. After just two weeks, garbage services at City Hall have been reduced by 50
percent and recyclables collection has increased from two to three times per week.
Staff will roll out the zero waste sort system at remaining City facilities over the next several
months.
CMR:216:00 Page 2 of7
PALO ALTO SCHOOL DISTRICT ZERO WASTE PROGRAMS
The Palo Alto School District is one of the first districts in the region to adopt an integrated
recycling, composting, and garbage collection program for all district schools. At this time, 12
of the 17 district schools have worked with the City's Zero Waste staff to roll out the new
program. The District plans to roll out the new program to all of its schools by the end of spring
semester 2010. Blue recycling and green composting cans are being grouped together with
garbage cans and strategically placed around school campuses. Terman Middle School, E1
Carmelo Elementary School and Gideon Hausner Jewish Day School participated in a pilot
program last fall to help work through the details of a district-wide roll out. Juana Briones
Elementary School was the first school to launch the official roll-out of the new program on
January 25,2010.
The new three-sort collection program has been a community effort requiring coordination
between the individual schools, the District, GreenWaste, Peninsula Sanitary Service (the hauler
that services the two schools located on Stanford), the Sustainable Schools Committee and the
City of Palo Alto. The individual schools, the District and the City split the cost for the new
collection cans. School Green Teams, comprised of staff, students and parents, are leading the
educational efforts, publishing information in their eNews and monthly newsletters, creating
skits, setting up teams of bin monitors to help teach the school community how to sort their
lunch waste, placing stickers on the new cans, and putting up posters around campus.
CERTIFIED GREEN BUSINESSES
Zero Waste staff, along with other City programs, continues to promote and provide support to
the Association of Bay Area Governments (ABAG) Green Business Program. The Green
Business Program is a successful partnership of environmental agencies and utilities that assists,
recognizes and promotes businesses that volunteer to operate in a more environmentally
responsible way. To be certified "green," participants must be in compliance with all regulations
and meet program standards for conserving resources, preventing pollution and minimizing
waste. The program offers motivated businesses an easy-to-use framework for improving
environmental performance.
Since the county-wide roll out of this program three years ago, a total of 165 Palo Alto
businesses have enrolled in the program, and 76 are currently certified as Green Businesses. 16
percent of all businesses certified in Santa Clara County are located in Palo Alto. In total
numbers, the City of Palo Alto has two to three times more certified green businesses than any
other city in the county, except for San Jose. In FY 2009-10, 24 businesses in Palo Alto enrolled
in the program, and 20 businesses have achieved certification so far. Eleven of this fiscal year's
certified green businesses are clients of the non-profit organization Wave One. Attachment A
contains a list of the Palo Alto businesses that have achieved certification this year.
ZERO WASTE WEBSITE
Zero Waste's mission is to help the community reach its aggressive Zero Waste goal-virtually
no waste to landfills -by 2021. Accomplishing this will require innovative, comprehensive and
multi-dimensional measures to educate and motivate our residents and businesses. Zero Waste
needs an interactive and engaging website to provide a forum for facilitating community
connections and self-learning.
CMR:216:00 Page 3 of7
Zero Waste is currently working to create such a website. The site structure has been drafted and
is going through the review process. Next steps are to prioritize pages for development, create a
time line and then start the actual build out. Appreciating the need for these tools as soon as
possible, a number of them already have been created and are in use as the larger website
restructuring is in process. These tools include the "How Do You Zero?" video blog series, the
Zero Waste system diagram, the schools-focused "CAN-TASTIC" Sorting Game, and the launch
page at www.zerowastepaloalto.org to help facilitate the use of these tools.
CITYWIDE GARAGE SALE
Over 370 garage sales were held as part of the 10th Citywide Garage Sale on Saturday, June 6,
2009, in partnership with the Palo Alto Weekly. The Garage Sale is designed to build
community, serve residents and non-profit agencies, and divert materials from the landfill.
Additionally, its goal is to increase awareness of reuse and the community's Zero Waste goals.
In an effort to reduce waste and increase community engagement, this year's sale included
several new features:
• The Garage Sale Kit was offered electronically to participants to reduce paper waste. Hard
copies were printed only for participants that requested them.
• Participants registered online instead of by hard copy and the electronic information was
transferred into the GIS mapping software, reducing the amount of paper generated for sign
ups.
• Surveys were electronic -reducing waste and increasing the response rate.
• Included in the citywide event was a game for children 12 and under called "Captain
Greenbeard's Treasure Hunt. "The treasure hunt was added to encourage families to shop the
sales, promote shopping in the further comers of the community (sales off main roads usually
have fewer shoppers), build excitement about the sale and foster partnerships with community
residents and businesses. Prizes for children completing the treasure hunt were provided by
sponsors Rick's Ice Cream and Red Mango.
• Philz Coffee and Coupa Cafe were also event sponsors. They offered coupons for free hot
bev~rages to shoppers bringing their own mug.
• Staff developed press releases to social media outlets. A kit was developed featuring the
official press release, a logo graphic and another press release in four ready-to-use formats
written to appeal to our target interest groups: those interested in green living, DIY projects,
vintage items, and families. The event was pitched as a fun, wallet-friendly, family-oriented
event that would help the environment.
Survey Results
A survey was sent to the garage sale participants -the sellers, the treasure hunt locations and the
sponsors. The surveys show that from previous years:
• The number of sellers remained approximately the same -372 sellers in 2009 vs. 360 in
2007
• The number of buyers remained the same -50 buyers per sale in 2009 vs. between 35 to 60
buyers per sale in 2007
• The survey response rate more than doubled -43 percent in 2009 vs. 17. 8 percent for 2007
CMR:216:00 Page 4 of7
CMR:216:00 Page 5 of 7
The amount of items sold per household increased – 50 percent in 2009 vs. 30 percent in
2007
The number of households reporting land filling their leftover items halved – 8. 3 percent in
2009 vs. 17. 2 percent in 2007
BAY-FRIENDLY LANDSCAPING AND GARDENING COALITION
The Bay-Friendly Landscaping and Gardening Coalition is a membership organization
comprising individuals from public agencies, businesses and non-profit organizations from all of
the nine bay area counties. Since January 2008, the City has been a charter signatory of the Bay-
Friendly Coalition.
Bay-Friendly landscaping and gardening is a whole systems approach to the design, construction
and maintenance of landscape that works in harmony with the natural conditions of the San
Francisco Bay watershed. It is based on seven principles for sustainable landscaping: Landscape
locally; landscape for less to the landfill; nurture the soil; conserve water; conserve energy;
protect air and water quality; and create wildlife habitat. Bay-Friendly practices foster soil
health and conserve water and other valuable resources while reducing waste and preventing
pollution.
The Bay-Friendly Regional Coalition builds on work done previously by StopWaste.Org. The
Bay-Friendly program provides resources such as trainings, workshops and publications for the
both public and private sector landscape professionals and the home gardener. The Bay-Friendly
educational materials were developed with guidance from public and private landscape architects
and designers, contractors, representatives from Alameda County public agencies and staff of
StopWaste.Org. The Coalition is now working to provide these resources regionally.
Staff is continuing its efforts to increase Bay-Friendly participation throughout Santa Clara
County. The County Home Composting Program has taken the lead on teaching Bay-Friendly
Gardening workshops. These workshops are replacing the home composting workshops taught
by Master Composters. Palo Alto will have seven Bay-Friendly Gardening workshops this year:
three “Bay-Friendly Basics,” two “Gardening from the Ground Up,” one “Gardening to Manage
Pests Naturally,” and one “Let Worms Eat Your Garbage”. Participants can sign up for a
workshop on the City’s website.
Staff is working with the Bay-Friendly Coalition and Santa Clara County stakeholders to hold a
2011 Bay-Friendly Garden Tour in Santa Clara County.
Staff is also continuing its efforts to build the regional coalition. Last year the coalition was
incorporated as a nonprofit. Staff assists the coalition in building its membership, investigating
funding sources and creating an implementation plan for Bay-Friendly tools (e.g., workshops,
tours, certifications, and ordinances) to be used by coalition members.
SINGLE USE BAG ORDINANCE
Palo Alto is one of a very small number of cities in the United States to have successfully
implemented single use bag restrictions. The City of Palo Alto adopted an ordinance requiring
the elimination of single use plastic checkout bags at large grocery stores on September 18,
2009. All affected stores complied by the deadline, with Whole Foods, Country Sun, and
Piazza’s eliminating the plastic bags voluntarily ahead of schedule. The goal is to convert from
all types of single use bags to reusable bags. Plastic bags are especially harmful to the
environment when littered because they breakdown very slowly and endanger wildlife.
Recycling plastic bags is very difficult and less than 5 percent are currently recycled. However,
just switching to paper is not desirable because, like plastic bags, virgin paper bags consume
energy and resources in the manufacturing process.
At the time of the ordinance adoption, Council requested that staff return with a proposal for a
fee system on paper bags to help avoid conversion from plastic to paper bag use. On
November 16, 2009 (CMR:401 :09), staff updated Council on the status of a regional review of
fee options and our joint efforts with other local governments working on a single use bag
Environmental Impact Report (EIR). Staff continues to track the City of San Jose's EIR process,
and expects the draft report to be released this spring. By late summer 2010, staff will return to
Council with recommendations on a fee system for paper bags and on an expansion of the
program beyond large grocery stores.
BRING YOUR OWN BAG! CAMPAIGN
Since 2008, the City has been promoting the Bring Your Own Bag (BYOBag!) campaign, a
multi-year effort to increase the use of reusable shopping bags instead of single-use plastic or
paper carryout bags at stores in Palo Alto. Reusable bags reduce waste and litter in the
community and have a positive impact beyond Palo Alto.
In 2008, staff began surveying reusable bag use at grocery stores to gauge the effectiveness of
the BYOBag! Campaign. The February 2008 baseline survey showed Palo Alto shoppers chose
reusable bags less than 10 percent of the time. The goal of the initial campaign, conducted from
April through December 2008, was to increase reusable shopping bag use to 30 percent by
December 2008.
When the survey was repeated in February 2009, reusable bag use at large grocery stores had
increased from 9 percent to 19 percent. Also notable was that shoppers choosing the option of
"no bag" increased from 8 percent to 16 percent.
In the February 2010 survey, a slight increase in the use of reusable bags occurred at grocery
stores, up to 21 percent, and the "no bag" option increased from 16 to 20 percent. However,
most shoppers (59 percent) continued to opt for the single use alternative, now limited to the
paper bag since the adoption of the single use bag ordinance in September 2009. Interestingly, at
pharmacies (not subject to the bag ordinance) while the use of reusable bags is only 6 percent,
the "no bag" option has increased to 41 percent in 2010.
Palo Alto is also collaborating with other Bay Area cities on public education efforts to increase
reusable bag use through the Bay Area Regional Outreach Coalition (BayROC). More
information is located at www.igotmybag.org.
EXTENDED PRODUCER RESPONSIBLITY
Extended Producer Responsibility (EPR) is a key tool delineated in the City'S Zero Waste
Operational Plan to help the City reach its goals by 2021. Palo Alto cannot achieve zero waste
without EPR -the May 2006 waste composition study showed that, due to its composition,
greater than 25 percent of the waste disposed by the community cannot be diverted from landfills
through recycling or composting. EPR provides a tool to address these hard-to-manage
CMR:216:00 Page 6 of7
materials. On December 14, 2009, Council approved an EPR policy for the City, and adopted an
EPR Resolution to support state and national producer responsibility actions (CMR:456:09).
Palo Alto is one of the few cities in the state, and in the nation, to have adopted both an EPR
policy and an EPR resolution.
The EPR framework policy is designed to create incentives for manufacturers and suppliers to
reduce waste and pollutant releases in Palo Alto. Specific products and implementation details
will be added to the framework over time as they are developed. The first specific product
addressed by the policy is foam plastic packaging (commonly referred to as Styrofoam).
The EPR Resolution states Palo Alto's support of state and national efforts to implement the
EPR concept on the widest geographic scale possible, where implementation will be most
efficient. .
RESOURCE IMP ACT
Resources for the Zero Waste Program are included in the Refuse Fund Operating Budget.
POLICY IMPLICATIONS
All of the above programs are consistent with the City's Sustainability Policy, the Climate
Protection Plan, and the Zero Waste Operational Plan.
ENVIRONMENTAL REVIEW
This report is informational in nature and does not constitute a pr~ject under the California
Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: 2010 List of New Certified Green Businesses
PREPARED BY:
DEPARTMENT HEAD: Ii 1 flk-----
GLENN S. ROBERTS
Directo of Public W
CITY MANAGER APPROVAL:
CMR:216:00 Page 7 of7
ATTACHMENT A
City of Palo Alto FY 2009-10 (to date)
ABAG Certified Green Businesses
Organization Certified Date
Premier Pro erties* 7/20/2009
. Sustaina 7/21/2009
Major, Lindsay & Africa 7/23/2009
Stoecker a 7/23/2009
I>r. 1lra~!Jeclerc* 9/9/2009 I
Cody Anderson Wasney Architects,
Inc. 9/22/2009
1lotal Quality Maintenance 10/19/2009
Martin Thomas Wealth Mana~ement* 10/29/2009
1lhe North Face* 10/29/2009
Sheraton Palo Alto Hotel 11/5/2009
Westin Palo Alto Hotel 11/5/2009
Straits Cafe 11/30/2009
The Private Bank* 11/30/2009
Wu Orthodontics 2/26/2010 •
Kennedy/Jenks Consultants 3/24/2010
Center for Continuing Study of the
California Economy* 3/30/2010
Webst~r Financial Corp.* 4/5/2010
PaperWhirl* 4/7/2010
!Jetter Perfect* 4/8/2010
The Princeton Review* 4/8/2010
* Client ofWA VE ONE
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: APRIL 19,2010
REPORT TYPE: CONSENT
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 190:10
SUBJECT: Preliminary Approval of the Report of the Advisory Board for Fiscal Year
2011 in Connection with the Palo Alto Downtown Business Improvement
District and Adoption of Resolution Declaring its Intention to Levy an
Assessment Against Businesses within the Downtown Palo Alto Business
Improvement District for Fiscal Year 2011 and Setting a Time and Place for
a Public Hearing on May 17, at 7:00 PM or Thereafter, in the City Council
Chambers
EXECUTIVE SUMMARY
Since the Business Improvement District (BID) inception in 2004, a number of activities
consistent with State BID law have been accomplished by the Palo Alto Downtown Business and
Professional Association (P ADBP A), the entity with which the City contracts to provide services
to the 740+ businesses assessed in the Downtown. These include addressing the two main issues
facing downtown businesses: cleanliness and homeless issues that affect downtown business
operations, as well as participation in zoning and other matters affecting downtown businesses.
Assessments for BID businesses are based on the size, type and location of the business.
Assessments range from $50 to $500 annually for individually owned professional businesses to
banks. The P ADBP A has monthly open meetings governed by the Brown Act which any
business or individual can attend. This Council action would include preliminary approval of the
BID's annual report and setting a public hearing to determine any objections to assessments.
RECOMMENDATION
Staff recommends that the City Council:
(a) Preliminarily approve the BID Advisory Board's 2011 Budget Report for the Business
Improvement District (BID) (Attachment 1); and
(b) Adopt a Resolution of Intention to Levy Assessments in the Palo Alto Downtown Business
Improvement District for fiscal year 2011, setting a date and time for the public hearing on the
levy of the proposed assessments for May 17,2010, at 7:00 p.m. or thereafter, in the City
Council Chambers (Attachment 3).
CMR: 190:10 Page 1 of4
BACKGROUND
The Palo Alto Downtown Business Improvement District (BID) was established by the City
Council in 2004 pursuant to the California Parking and Business Improvement Area Law to
promote the economic revitalization and physical maintenance of the Palo Alto Downtown
business district. The Council appointed the Board of Directors of the Palo Alto Downtown
Business and Professional Association, a non-profit corporation, as the Advisory Board for the
BID. The Board's purpose is to advise the Council on the method and basis for levy of
assessments in the BID and the expenditure of revenues derived from the assessments.
Pursuant to BID law, the Advisory Board must annually submit to the Council a report that
proposes a budget for the upcoming fiscal year for the BID. The report must: 1) propose any
boundary changes in the BID; 2) list the improvements and activities to be provided in the fiscal
year; 3) estimate the cost to provide the improvements and activities; 4) set forth the method and
basis for levy of assessments; 5) identify surplus or deficit revenues carried over from the prior '
fiscal year; and 6) identify amounts of contributions from sources other than assessments.
The Council must then: 1) review the report and preliminarily approve it as proposed or as
changed by the Council; 2) adopt a resolution of intention to levy the assessments for the
upcoming fiscal year; and 3) set a date and time for the public hearing on the levy of assessments
in the BID. Absent a majority protest at the public hearing on May 17,2010, at the conclusion of
the public hearing, the Council may adopt a resolution confirming the report for Fiscal Year
2011 as filed or as modified by the Council. The adoption of the resolution constitutes the
levying of the BID assessments for fiscal year 2011.
DISCUSSION
The Advisory Board has prepared a report (Attachment 1) for the Council's consideration which
includes the proposed budget for the Palo Alto Downtown BID for fiscal year 2011. As required
by BID law, the report has been filed with the City Clerk and contains a list of the improvements,
activities, and associated costs proposed in the BID for fiscal year 2011. The Advisory Board
has recommended no change in the BID boundaries or the method and basis for levying
assessments. Many of the activities and improvements are an extension of those initiated last
year or In prIor years.
For example, in the past year the BID participated in the renovation of Lytton Plaza, a'
public/private partnership that reinvigorated the Plaza, addressed loitering and other issues and
provided a lovely gateway into the City's downtown. In addition, in partnership with the City,
the BID leadership developed a "master encroachment permit" effort, that will provide a master
ARB submission for downtown tables and chairs and individual (more affordable) encroachment
permits for downtown restaurants.
A map of the BID is attached (Attachment 2). The proposed assessments in the BID for fiscal
year 2011 are the same as the assessments in fiscal year 2009-10. No increases are proposed.
CMR: 190:10 Page 2 of4
The budget report for fiscal year 2011 was reviewed and approved by the Palo Alto Downtown
Business and Professional Association at its board meeting on March 17, 2010, (Attachment 1).
RESOURCE IMPACT
Adoption of the proposed BID budget does not directly impact City revenue. BID assessments
are restricted for use exclusively by the BID. It is anticipated that a healthy BID will encourage
growth of the retail community and consequently result in additional sales tax revenue for the
City. Some staff effort is expended annually to administer the collection of the BID.
Staff will continue to monitor staff administrative time devoted to the collection of BID
assessments to assure that City costs do not exceed estimates for these services. The cost and
collection of BID assessments past 60 days is borne by the BID.
The Attorney's Office will continue to provide legal oversight to the BID during the annual
reauthorization process. Administrative Services staff provides assistance in the collection of
BID assessments. The Economic Development Manager will continue to provide oversight to
the BID and will prepare the annual reauthorization.
ENVIRONMENTAL REVIEW
This action by the City Council does not meet the definition of a project under Section 21065 of
the California Environmental Quality Act, and therefore no environmental assessment is
necessary.
ATTACHMENTS
Attachment 1:
Attachment 2:
Attachment 3:
CMR: 190:10
Report of the Advisory Board with Regard to the Reauthorization of the
Downtown Palo Alto Business Improvement District Annual Report for
Fiscal Year 2011.
Downtown Palo Alto Business Improvement District Map
Resolution of the City Council of the City of Palo Alto Declaring its
Intention to Levy an Assessment Against Businesses Within the
Downtown Palo Alto Business Improvement District for Fiscal year
2010-11 and Setting a Time and Place for hearing Objections
Thereto
Page 3 of4
PREPARED BY:
Sl/SANLBARNES (
Economic Development Manager
DEPARTMENT HEAD: ~ W~
CURTIS ILLIAMS, DIrector
Planning and Community Environment
CITY MANAGER APPROVAL:
CMR: 190:10 Page 4 of4
BID MANAGEMENT www.paloattodowntown.com
Business Improvement District
Annual Report
2010-2011
Approved by the Advisory Board of Directors
Palo Alto Downtown Business & Professional Association
April 01 , 2010
> ~ s;:
(1 ::r: ~ ~ ~
~
Introduction
This report from the Advisory Board of the Palo Alto Downtown Business & Professional
Association ("P Ad") was prepared for City Council to review for the annual reauthorization of
the Downtown Palo Alto Business Improvement District ("BID") pursuant to Section 36533 of
the Parking and Business Improvement Law of 1989 (Section 365'00 and following of the
California Streets and Highways code) (the "Law"). This report is for the proposed fiscal year
for the BID commencing July 1,2010 and ending June 30, 2011. ("Fiscal Year 2010-11").
As required by the Law, this report contains the following information:
I. Any proposed changes in BID boundaries and benefit zones within the BID;
II. The improvements and activities to be provided for Fiscal Year 2010-11 ;
III. An estimate of the cost of providing the improvements and the activities for Fiscal
Year 2010-11;
IV. The method and basis of levying the assessment in sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or
her business for Fiscal Year 2010-11 ;
V. The amount of any surplus or deficit revenues to be carried over from a previous
fiscal year;
VI. The amount of any contributions to be made from sources other than assessments
levied pursuant to the Law.
Submitted by Anne E. Senti-Willis, Chair, on behalf of the Advisory Board ("Advisory Board")
of the Palo Alto Downtown Business & Professional Association ("P Ad").
The Advisory Board approved this report on April 01, 2010.
Received on file in the Office of the City Clerk of the City of Palo Alto on April 01,2010.
1
Section I
BID Boundaries and Benefit Zones
There have been no changes in the BID boundaries or benefit zones within the BID and no
changes are proposed. The current boundaries are depicted on the map below.
Palo Alto Do\vuto\vn
Business IOlproveIllenl
[)istrict
2
Section II
Improvements and Activities Completed in 2009-10
Marketing and Events
Programs
-PAd maintained a comprehensive website that is user friendly for members and
consumers. It includes current activities, a comprehensive business directory, maps for
parking and directions, and other links. (www.paloaltodowntown.com). We track nearly
4200 unique hits on the site per month.
P Ad offered members the opportunity to advertise their businesses by posting a link to
their website on the "Home" page for a fee.
We have updated the "What's Happening" page daily with specific information including
merchant sales, specials and promotions.
PAd updates the database of all downtown businesses continuously for display and use
via the website.
-On the website, PAd has cross referenced & categorized comprehensive business sectors.
-Frequently, PAd has sent email blasts to notify members of pertinent on-goings in the
downtown, such as upcoming events, street closures, police alerts and other activities.
Events
-The Dine Downtown event was launched in August '05 and continued successfully on a
bi-annul basis in August 2009, and January 2010.
- P Ad participated in a collaboration and partnership to support events with the City of
Palo Alto, Stanford University and the Chamber of Commerce.
P Ad remains an active partner and contributing participant in the promotion of
Visitorship to Palo Alto.
-Advocated for and saved the Community Farmshop by securing funding and participation
from the BID members. The weekly market is held at the renovated Lytton Plaza on
Wednesday s from 3:30 -6:30 pm.
-The PAd secured management of talent and entertainment for Friday night jam sessions
at Lytton Plaza.
- P Ad held breakfast Roundtable discussions, hosted by the Garden Court Hotel.
The Fall presentation was on identity theft. Guest speakers included P APD special
agents James Reifschneider and Jason Jenkins.
The Spring discussion addressed the issue of an improved consetual plan for the
downtown district, moderated by Curtis Williams, the Director of Planning for the City of
Palo Alto.
PAd intends to hold these roundtable community/town hall discussions twice a year to
encourage member attendance and participation on topics of importance within the BID.
Downtown Streets
The Downtown Streets Team ("DST") was founded in May 2005 by the PAd, after its initial
survey to business owners. The survey was sent to all BID constituents to better understand how
PAd could serve its members. Overwhelmingly, homelessness and cleanliness of the downtown
area were the issue of most concern.
3
The program participants clean the streets of downtown in exchange for food and shelter. DST
is a platform for many formerly homeless to find hobs and housing.
This highly successful program was spun off as a separate, self-supporting non-profit entity in
2006 .. PAd continued to support the program through joint promotions and fund raising efforts,
as well as a financial pledge of$5,000 to help ensure its continued success. To further the
ongoing partnership and continuity, the President of the DST, Eileen Richardson, serves as a
liaison to the PAd.
DST has built successful working relationships with Innvision, The Opportunity Center, Catholic
Charities, Alliance for Community Care, City Council, Palo Alto Police Department ("P APD") ,
Palo Alto City Management, The Emergency Housing consortium ("EHC"), and now holds a
place on the Steering Committee for the County's 10-year plan to end homelessness.
The program has received funding and is expecting continued funding from the City of Palo
Alto, in both HSRAP and contracts for cleaning, EHC and Innvision contracts, foundation grants
and local businesses and residents.
PAd will increase the financial contribution to $10,000 in Fiscal Year 2010-11 to the DST, with
the provision that said funds will be directed towards increased cleanliness and security within
the district.
Environmental/Marketing
-Worked with the City and district members to adopt and implement a master outdoor
seating plan. P Ad negotiated a one time fee reduction of the required encroachment fees
for outdoor seating and displays. With assistance from Bellomo Architects, P Ad has
further secured a blanket ARB permit for such outdoor seating in order to provide a
maintained, uniform look and facilitate compliance with City ordinance and state
requirements for outdoor dining.
PAd worked closely with the P APD to address the issue of panhandling and
homelessness in the downtown. Further efforts were made to address the issue of
security in the district. The P APD ran a month long pilot program with increased patrol
and security in the downtown.
Key areas were identified and the P Ad worked with the City in creating signage and
installation of way finders in certain areas of the BID.
The P Ad supported the introduction of K wikcarts within the downtown district, and
worked with various stakeholders to secure private parking for the carts.
PAd initiated the resurrection of plans for the upgrading and renovation of Lytton Plaza
through a private/public partnership. PAd, through its President Sherry Bijan, served as a
me~ber of the Friends of Lytton Plaza Park. Through a collaborative partnership
between the City of Palo Alto and the Friends of Lytton Plaza Park, the renovation
project including new landscaping, a water feature and community gathering space which
recognize and respect this location's importance as a center of community dialogue and
free speech was completed in December 2009.
PAd has obtained bids for the lighting at Elinor Cogswell Plaza. The park was selected
because the existing available lighting is inadequate, and electrical outlets are available.
The lighting of the park will be scheduled once the City approves the public contribution
portion of the cost.
PAd meets quarterly and works closely with City of Palo Alto Departments to address
necessary improvements within the BID.
4
I
i'
1 ••. 11 ! I
I
!
I
-Through a partnership with the City of Palo Alto, P Ad produces and installs seasonal
banners on the Avenues in the district. The intent is to dress up the downtown and
promote the BID.
Parking
-Representatives from PAd attend the Palo Alto Chamber of Commerce's parking
committee meetings to learn of programs underway and contribute the downtown
business perspective.
-Through the parking district, the PAd and other stakeholders have issued RFPs for added .
security and maintenance in the structures.
-PAd will advocate to secure contracts for the DST with the City for the ongoing
maintenance and security in the parking structures.
Executive Committee
-During the current fiscal year, the Executive Committee created a budget for Fiscal Year
2010-11 and completed the 2009-2010 Annual Report.
-P Ad created an Advocacy task force to address issues on behalf of downtown businesses.
On an ongoing basis, PAd promotes and develops a working partnership with the Palo
Alto Chamber of Commerce.
-P Ad has reached out to the P APD to improve communications and build a strong
working relationship. The PAd had advocated for greater police patrol and presence
within the district.
Advocacy
-PAd will listen to find out what is on constituent business owners' minds.
We regularly speak with prospective tenants and work closely with property owners and
manag~rs to ensure the maintenance of a balanced retail mix in the district.
The P Ad participated and was instrumental in the discussions and ultimate adoption of
the Ground Floor Zoning Ordinance within the district.
Through a collaboration with the P ACC, the P Ad will advocate for streamlining the
permit process for new business. ,
The P Ad will continue to perform outreach, identify and attract additional businesses to
the downtown district.
-PAd will lead dialogue on improving the district through aesthetic enhancements, the
flow of traffic, the creation of a more welcoming pedestrian and cycling environment.
-PAd is represented at the Palo Alto Chamber of Commerce ("P ACC") Government
Action Committee ("GAC") meetings.
-During Fiscal Year 2010-2011, PAd will continue to represent the voice of businesses.
Nominating
-During the past year, PAd has recruited new members to the Advisory Board to ensure all
business sectors are represented, including new Advisory Board members, Adam Mason,
partner at Jungle Digital Imaging and Abraham Khalil, who owns and operates both retail
and professional businesses in the downtown.
-P Ad coordinates the annual member meetings and election of directors of PAd.
5
Finance
During the past year, PAd has:
-Maintained accounting systems for PAd bookkeeping.
Assisted in the billing of annual fee assessments.
Improved the invoicing process.
Planned and implemented delinquent member collections.
Completed year-end tax filing.
Scheduled an annual Audit to be completed through June 30, 2009 for submittal to the
City.
6
Section II
Expected Improvements and Activities for 2010-11
During Fiscal Year 2010-2011, PAd plans the following improvements, activities and programs.
Marketing and Events
Programs
-Maintain and grow website aimed for consumer and member use and for cross-promotion
of downtown businesses. It will include current activities, a comprehensive business
directory, maps for parking and directions, and other links. The website
(www.paloaltodowntown.com) provides opportunities for members to self promote on
the website through advertising.
Regular e-blasts will be prepared and distributed.
Encourage and develop business to business exchange.
Support the launch of the eMax online business networking site, dedicated to downtown
Palo Alto.
-Support the launch of the magazine, Made in Palo Alto, promoting downtown district
business.
Through a joint effort with the California Shoe and Luggage repair, to address both the
environmental impact and address fundraising, the P Ad will recycle the street banners
into tote bags. These bags will be available for purchase at various downtown
establishments, where the profits from sales will be. shared.
Events'
-Review and Revamp the Dine and Shop Downtown promotional campaign.
Support the Weekly Palo Alto Community Farm Shop.
Support the Made In Palo Alto Fashion Show & fundraiser for the "Awearness"
campaign against domestic violence.
Support and maintain ongoing entertainment and events at Lytton Plaza, through the
Friday night music jam sessions.
Support and sponsor the World Music Day, through the extension of the PAd liability
insurance for the event and participation of member businesses.
Support the City of Palo Alto Recreation Dept with various events including the May
Fete Parade, and the B&W Ball.
Continue to produce seasonal banners for the Avenues and additional pieces highlighting
upcoming events on the bridges and side streets.
Support the SMCVB to accommodate the influx of visitors to local business and Stanford
University, and Stanford Athletics events.
Work with the City to promote a pedestrian-friendly environment through events that will
feature entertainment and a draw to the BID.
Downtown Development
Downtown Streets Team
-Continue support of the program financially with a pledge of $5,000.00 for the year, with
the provision that it be used towards the security and cleanliness efforts within the
district, including the parking structures.
7
Environmental
-Design and display seasonal banners featuring business promotion.
P Ad will work with the City to amend the current banner ordinance that precludes
advertising on the banners which is currently limited to seasonal, historical and event
driven messages.
Identify areas for installation of additional directional and way finding signs.
Identify areas for installation of additional lighting.
Recommend removal and or replacement of benches.
Identify certain key areas for landscaping, hanging baskets or potted plants.
Continue efforts through the partnership with the P APD to monitor panhandling and
enforcement of the sit/lie ordinance. P Ad will work closely with other business districts
to help promote the expansion of the sit/lie ordinance if requested.
Work with the P APD to retain police patrol in the district.
Improve lighting at the Transit Station.
Parking
Create education and outreach programs to inform business owners and managers of the
downtown parking options.
Advocate for parking & directional signage.
-Continue to work with the City and the parking committee to enable transferable parking
permits.
Use outreach programs to educate public of the ample free parking.
Evaluate and implement parking survey results.
Address security enforcement in the parking structures. P Ad will support the use of the
DST for ongoing maintenance and security within the downtown parking structures.
Encourage City contracts with the DST to provide additional maintenance in the district.
Executive Committee
-Continue to refine P Ad structure and organizational development.
-Continue to update and refine information provided to Advisory Board Members.
-Continue to advocate on behalf of downtown businesses.
-Hold bi-annual roundtable meetings to encourage discussion among members,
participation in P Ad and information about relevant topics.
-Create visibility within the business comlnunity.
-Begin conceptual planning initiative for the downtown area.
-Continu~ to partner with property owners and leasing agents to ensure a good retail mix
in the district.
Nominating
-Oversee the filing of year end tax return.
-Oversee the filing of the Annual Audit.
-Review and advise on annual budget and explore income/fundraising opportunities.
8
Section III:
Budget for 2010-11
The total funds available for activities for this fiscal year are estimated to be $131,390. The
budget for providing the activities is set forth as follows:
BID 2010/11 Budget
INCOME
Assessments
Uncollectible fees
Total Assessments
Income/Fundraising
09-10 Surplus Carryover
TOTAL INCOME
EXPENSES
Operating Expenses
Staff Salaries
Executive Director Salary
Health Insurance
Payroll Taxes
Surplus Carryover from Prior Year
09-10 fiscal
Office Supplies & Expenses
. Internet/Website Maintenance
Telephone
Rent
Reauthorization Advertising
Audit-Tax Returns
Legal
Insurance-Liability
Workman's Comp
Nominating
Contingencies
Total Operating Expenses
Marketing and Events
Programs & Member Outreach
Permit Fees
Banners
Roundtable
$130,000
$(20,000)
$110,000
$17,650
$3,740
$131,390
Expenses
$60,000
$4,200
$6,000
$66,000
$3,740
$1,500
$ 500
$1,000
$6,000
$2,500
$4,000
$1,000
$1,500
$1,000
$1,000
$3,500
$97,440
$1,000
$2,000
$7,650
9
$17,650
Income
(Donation)
$1,000
(Donation)
$6,650
Events & Fundraising
Dine/Shop Downtown $3,000
Events $5,000
Promotional Sales/Fundraising $2,000
Total EnvironmentaV
Marketing & Events $20,650
$
DST $5,000
District Improvement $8,300
Environmental Total $13,300
Total Expenses/lncome $131,390
Section IV:
Method and Basis of Levying the Assessment
Cost Benefit AnalysislBID Assessments
$3,000
$5,000
$2,000
$17,650
$17650
The method and basis of levying the assessment is provided sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied against his or her business
for Fiscal Year 2010-11 and is not changed from the FY 2009-10 assessment.
There have been no changes made to the Cost-Benefit Analysis or to the BID Assessments since
they were approved by City Council on February 2,2004.
The method of calculation used to determine the cost and benefit to each business located in the
BID is described below. The BID assessments are based on three criteria: the type of business,
the location of the business and the size of the business.
It has been consistently demonstrated that the typical BID program places a higher priority on
activities such as commercial marketing. As a result, the retail and restaurant establishments in
the BID are assessed more than the service and professional businesses in the district.
While service-oriented businesses benefit from a BID less than retailers and restaurateurs, they
benefit more than professional businesses such as medical, dental, architectural, consultant and
legal offices with their minimal advertising and promotion needs.
F or these reasons, various business types are assessed according to the benefit that they receive
from the BID, as follows:
10
~ Retail and Restaurant
~ Service
~ Professional
100% of base amount
75% of base amount
50% of base amount
Exceptions to this rule include financial institutions that are traditionally charged a flat rate
regardless of location or size and lodging businesses that are typically charged by total rooms.
The location of a business also determines the degree of benefit that accrues to that business.
Centrally located businesses tend to benefit more, as do businesses located on the ground floor.
F or this reason, A and B benefit zones have been identified for the BID.
In Palo Alto, Zone A benefit business are assessed 100% of the base benefit assessment while
Zone B businesses are assessed 75%.
A third criterion is used in the BID to determine benefit. This criterion, the size of the business,
takes into consideration the number of full time employees employed by the business. Please
refer to Attachment 1 for a more complete understanding of the application of these three
variables to establish BID benefit.
Attachment 2 is the BID assessment for each business located within the BID boundaries.
Applying the criteria identified in Attachment 1, a summary of the assessment that applies to
each business by size, type and location is outlined. In addition to the Cost-Benefit Analysis, the
assessments include the following criteria:
~ An exemption for "single person professional businesses" that have 25% or fewer full
time equivalent ("FTE"), including the business owner. This covers employees who
work less than 1 0 hours a week (based on a 40 hour work week(A full FTE equals
approximately 2000 hours annually)
~ An assessment specifically for "single person businesses" that have 26% FTE to 1 FTE
in the professional business category of the BID (A full FTE equals approximately 2000
hours annually) .
~ The tiring of other professional businesses by size based (according to benefit) on the
"single person business" criteria
This outline provides information by which a business can determine its annual assessment based
on objective criteria.
Except where otherwise defined, all terms shall have the meanings identified below:
Definitions of Business Types in the Downtown Business Improvement District
Retailers and Restaurants: Businesses that buy or resell goods such as clothing stores, shoe
stores, office supplies as well as businesses that sell prepared food and drink.
Service Businesses: Businesses that sell services such as beauty or barber shops, repair shops,
most automotive businesses, dry cleaners, art and dance studios, printing firms, film processing
companies, travel agencies, entertainment businesses such as theaters, etc.
11
Hotel and Lodging: These include businesses that have as their main busitless the lodging of
customers. This is restricted to residential businesses that provide lodging services to customers
for less than 30 days.
Professional Businesses: Businesses that require advanced and/or specialized licenses or
academic degrees such as architects, engineers, attorneys, chiropractors, dentists, doctors,
accountants, optometrists, realtors, insurance brokers, venture capital firms, consultants,
advertising and marketing professionals and mortgage brokers and similar professions.
Financial Institutions: Includes banking, savings and loan institutions and credit unions.
Additional clarification on business definitions will be defined according to Section 18.04.030
(Definitions) of the Palo Alto Municipal Code.
The Advisory Board recommends that the following businesses be exempt from the BID
assessment:
~ New businesses established in the BID area following the annual assessment for the
year in which they locate in the BID area
~ Non-profit organizations
~ Newspapers
~ "Single person professional businesses" that have 25% or less full time equivalent
(FTE), including the business owner
The Assessment calculated shall be paid to the City no later than 30 days after receipt of the
invoice with the amount of the annual assessment sent by the City. A second notice will be
mailed as a reminder to businesses that have not remitted payment by that date. Late payment
will be subject to a 10% late fee.
Section V:
Revenue Surplus or Deficit
Based on the revenue balance on 04/01110 of$41,740, the PAd expects a surplus carryover of
$3,740. Expected expenses for the remainder ofFY 09-10 are as follows:
Current revenue balance
Expected expenses for remaining FY
Staff Salaries
Staff Health Insurance
Elections and Annual Report
Office + Operating Expenses
Outside Audit
Advertising
DST donation
Total expected expenses
Expected carry-over
$41,740
$25,000
1,000
2,000
1,000
4,000
2,500
2,500
$38,000
$ 3,740
12
Section VI:
Non-assessment Income
It is estimated that $17,650.00 will be raised in fundraising and sponsor support. Additionally,
anticipate in-kind contribution towards expenses for Fiscal Year 2010-11.
Projected Income For Fiscal Year 10-11
-Roundtable (donation)
-Legal (donation)
Dine/Shop Downtown
-Events
-Promotional SaleslFundraising
Total
$6,650
$1,000
$3,000
$5,000
$2,000
$
$17,650
13
Section VII:
PAd Board of Directors by Business Type
Retailers and Restaurants
Robert Beschiem, Tamarine Restaurant
Claudia Cornejo, Caffe del Doge
Whitney Denson, Five Ten Gifts
Georgie Gleim, Gleim Jewelers
Jeff Selzer, Palo Alto Bicycles
Abraham Khalil, A.K. Insurance Services, KanZeman, Abby's, Med Wraps
Hotel and Lodging
Barbara Gross, Garden Court Hotel
Services Businesses
Stacey Yates, Skin Spirit
Financial Institutions
Deborah Pappas, Borel Bank
Professional Organizations
Anne E. Senti-Willis, Thoits, Love, et al.
Elliot Lee, e-Max
Sherry Bijan, PAd
LIAISONS
Chamber of Commerce
Paula Sandas
Downtown Streets Team
Eileen Richardson
City of Palo Alto
Susan Barnes
*Termed member(s) of the Board of Directors who continue to serve as officers or volunteer
heads of PAd committees.
14
/
ATTACHMENT 1
A General Statement Regarding Cost-Benefit Analysis for
BID Businesses Using The Traditional Three Criteria Formula
Criteria 1) Type of Business:
Statement Concerning Cost-Benefit Formula for BID Businesses Regarding Type of
Business:
In a review of 200 California Business Improvement Districts, it is consistently demonstrated
that the typical BID Program places a higher priority on Commercial Marketing Programs than
on Civic Beautification and Commercial Recruitment Programs. With that trend in mind, retail
and restaurant businesses, with their emphasis on, and need for, commercial marketing, are
traditionally assessed more than less marketing-sensitive service-oriented or professional-
oriented businesses.
However, while service-oriented businesses benefit from a BID less than retailers and
restaurateurs, they benefit more, (from commercial marketing programs), than professional
businesses such as medical, dental and legal offices with their minimal advertising and
promotion needs.
Therefore, set forth below, is an example of how various business types might be considered
regarding the computation of the annual benefit assessment.
• Retail and Restaurant:
• Service:
• Professional:
100% of base amount
75% of base amount
50% of base amount
Exceptions to this rule include financial institutions that are traditionally charged a flat rate
regardless of location or size and lodging businesses that are typically charged by total rooms.
Lodging businesses are assessed based on the total number of rooms because it is a more
equitable manner of determining size. Many lodging businesses have many part time employees,
but revenues are based on the room occupancies of the hotel, not the goods sold or services
provided by employees.
Criteria 2) Location of Business:
Statement Concerning Cost-Benefit Formula For BID Businesses Regarding Location of
Business:
It has also been consistently demonstrated that the more centrally located businesses tend to
benefit from BID activities and services to a greater degree than businesses located toward the
periphery of the proposed BID boundaries. Events and activities tend to originate in the central
core of the downtown area and spread benefit to the outer areas with diminishing energy and
impact, much like the ripple effect of a stone crossed into a body of calm water.
Furthermore, ground floor businesses tend to benefit to a greater degree than businesses located
in upper floors. Therefore, in some cases, a new BID's annual benefit assessment formula also
takes these street level criteria into account.
15
As mentioned above, special events, fairs, festivals and other activities tend to take place within,
or along, the Main Street core rather than in the areas at the periphery of the downtown core.
Additionally, BID-sponsored seasonal decorations, public art projects, street banners and street
furniture tend to be located within the immediate core area.
Therefore, businesses located within the most central area of the proposed BID are considered to
be within "Zone A" which should be considered the primary benefit zone. There is typically a
"secondary zone" or "Zone B" within most proposed BID areas. This area receives less benefit
than Zone A and should be assessed accordingly.
An example of how different zones might be treated regarding the computation of the annual
benefit assessment is as follows.
• Zone A: 100% of base benefit assessment
• Zone B: 75% of base benefit assessment
In the case of Downtown Palo Alto, it is recommended that all Zone A upper floor businesses, as
well as any other businesses located at the periphery of the proposed BID, be considered as Zone
B businesses. Please refer to the map in Attachment I.
Criteria 3) Size of Business:
Statement Concerning Cost-Benefit Formula for BID Businesses Regarding Size of
Business:
In approximately 50% of newly established BIDs, a third assessment criterion is used. This
criterion involves the size of each individual business that is based upon the businesses' total
number of full-time employees. Full-time employees are those working a total of 2,000 hours
per year. Part-time employees are grouped into full-time job positions, i.e., two half-time
employees total one full-time. Fractions are rounded down to the nearest whole number with no
less than one person as a minimum for business.
An example of how various business sizes might be treated regarding the computation of the
annual benefit assessment is as follows:
• Small:
• Medium:
• Large:
50% of base assessment
75% of base assessment
100 % of base assessment
*Full-time employees (FTE)
RetaillRestaurants
under 6 FTE*
6-under 11 FTE*
11+ FTE*
Service Businesses
Under 4 FTE*
4 to under 7 FTE *
7+ FTE*
Additionally, an exemption was established for "single person professional businesses" that have
25% or less full time equivalent (FTE), including the business owner. This covers employees
who work less than 10 hours a week (based on a 40 hour work week).
Since "single person businesses" that have 26% FTE to 1 FTE in the professional business
category of the BID benefit the very least from the assessment, their assessments have been
tiered by size based (according to benefit) on the new "single person business" criteria.
ATTACHMENT 1, page 2
16
Retailers
and Restaurants
(100%)
Service
Businesses
(75%)
Professional
Businesses
(50%)
Lodging
Businesses
(100%)
Financial
Institutions
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
$225.00 (Under 6 FTE employees) (50%)
$340.00 (6 to under 11 FTE employees) (75%)
$450.00 (11+ FTE employees) (100%)
$170.00 (Under 4 FTE employees) (50%)
$260.00 (4 to under 7 FTE employees) (75%)
$340.00 (7+ FTE employees) (100%)
ATTACHMENT 2
ZONEB
(75%)
$170.00
$260.00
$340.00
$130.00
$200.00
$260.00
EXEMPT (25% or fewer FTE employees, including the business owner)
$ 60.00 (26% to under 1 FTE employees) (25%) $ 50.00
$110.00 (2 to 4 FTE employees) (50%) $ 90.00
$170.00 (5 to 9 FTE employees) (75%) $130.00
$225.00 (10+ FTE employees) (100%) $170.00
$225.00 (up to 20 rooms) (50%)
$340.00 (21 to 40 rooms) (75%)
$450.00 (41 + rooms) (100%)
$500.00
$170.00
$260.00
$340.00
$500.00
N otel: For retail, restaurant, service, and professional businesses, size will be determined by
number of employees either full-time or equivalent (FTE) made up of multiples of part-time
employees. A full FTE equals approximately 2000 hours annually. Lodging facilities will be
charged by number of rooms available and financial institutions will be charged a flat fee.
Note 2: Second floor (and higher) businesses located within Zone A, will be assessed the same
as similar street-level businesses located within Zone B.
Note 3: Assessment amounts are rounded to the nearest ten dollars. The minimum
assessment will be $50.00.
17
The City of
Palo Alto
1101>&<2.2003.07.2514,17:39
Proposed BID Mop 7125103 (llcc-prmlral<\GIs$ID&lalPorsonaillope<2.mdb)
ATTACHMENT 2
Downtown Palo Alto
Business Improvement District
This map is a product of the
City of Palo Alto GIS
-. 0' 500'
This document I. a Vraphlc ' ...... ntaU'"' only 01 best .vallable sour .....
The City 01 Palo AIIo a.sum .. no ,_olbIliIy lor any...,."..
ATTACHMENT 3
Not Yet Approved
Resolution No. ---
Resolution of the Council of the City of Palo Alto Declaring
Its Intention to Levy an Assessment Against Businesses
Within the Downtown Palo Alto Business Improvement
District for Fiscal Year 2011 and Setting a Time and
Place for May 17, 2010 at 7:00 PM or Thereafter, in the
Council Chambers
THE CITY COUNCIL OF THE CITY OF PALO ALTO DOES HEREBY FIND,
DECLARE, AND ORDER AS FOLLOWS:
SECTION 1. The Parking and Business Improvement Area Law of 1989 (the
"Law"), California Streets and Highways Code Sections 36500 et seq., authorizes the City
Council to levy an assessment against businesses within a parking and business improvement
area which is in addition to any assessments, fees, charges, or taxes imposed in the City.
SECTION 2. Pursuant to the Law, the City Council adopted Ordinance No. 4819
establishing the Downtown Palo Alto Business Improvement District (the "District") in the City
of Palo Alto.
SECTION 3. The City Council, by Resolution No. 8416, appointed the Board of
Directors of the Palo Alto Downtown Business & Professional Association, a California
nonprofit mutual benefit corporation, to serve as the Advisory Board for the District (the
"Advisory Board").
SECTION 4. In accordance with Section 36533 of the law, the Advisory Board
prepared and filed with the City Clerk a report entitled "Downtown Palo Alto Business
Improvement District, Annual Report 2010-2011" (the "Report). The City Council hereby
preliminarily approves the report.
SECTION 5. The boundaries of the District are within the City limits of the City
of Palo Alto (the "City") and encompass the greater downtown area of the City, generally
extending from El Camino Real to the East, Webster Street to the West, Lytton Avenue to the
North and Addison Avenue to the South (east of Emerson Street, the boundaries extend only to
Forest Avenue to the South). Reference is hereby made to the map of the District attached hereto
as Exhibit "A" and incorporated herein by reference for a complete description of the boundaries
of the District.
SECTION 6. The City Council hereby declares its intention, in addition to any
assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment
against businesses within the District for fiscal year 2010-2011 (July 1, 2010 to June 30, 2011).
Such assessment is not proposed to increase from the assessment levied and collected for fiscal
1
100331 jb 0130568
Not Yet Approved
year 2009-2010. The method and basis of levying the assessment is set forth in Exhibit "B"
attached hereto, and incorporated herein by reference.
SECTION 7. The types of improvements to be funded by the levy of an
assessment against businesses within the District are the acquisition, construction, installation or
maintenance of any tangible property with an estimated useful life of five years or more. The
types of activities to be funded by the levy of an assessment against businesses within the
District are the promotion of public events which benefit businesses in the area and which take
place on or in public places withi;n the District; the furnishing of music in any public place in the
District; and activities which benefit businesses located and operating in the District.
SECTION 8. New businesses established in the District after the beginning of
any fiscal year shall be exempt from the levy of the assessment for that fiscal year. In addition,
non-profit organizations, newspapers and professional "single-person businesses," defined as
those businesses which have 25% or less full time equivalent employees, including the business
owner, shall be exempt from the assessment.
SECTION 9. The City Council hereby fixes the time and place for a public
hearing on the proposed levy of an assessment against businesses within the District for fiscal
year 2010-2011 as follows:
TIME:
DATE:
PLACE:
7:00p.m.
Monday, May 17,2010
City Council Chambers
250 Hamilton Avenue
Palo Alto, California 94301
At the public hearing, the testimony of all interested persons regarding the levy of an
assessment against businesses within the District for fiscal year 2010-2011 shall be heard. A
protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings must be in
writing and shall clearly set forth the irregularity or defect to which the objection is made.
Every written protest must be filed with the City Clerk at or before the time fixed for
the public hearing. The City Council may waive any irregularity in the form or content of any
written protest and at the public hearing may correct minor defects in the proceedings. A written
protest may be withdrawn in writing at any time before the conclusion of the public hearing.
Each written protest must contain a description of the business in which the person
subscribing the protest is interested sufficient to identify the business and, if a person subscribing
is not shown on the official records of the City as the owner of the business, the protest shall
contain or be accompanied by written evidence that the person subscribing is the owner of the
2
100331 jb 0130568
Not Yet Approved
business. A written protest which does not comply with the requirements set forth in this
paragraph will not be counted in determining a majority protest (as defined below).
If, at the conclusion of the public hearing, written protests are received from the
owners of businesses in the District which will pay 50 percent or more of the assessments
proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50
percent (i.e., there is a majority protest), no further proceedings to levy the proposed assessment,
as contained in this resolution of intention, shall be taken for a period of one year from the date
of the finding of a majority protest by the City Council.
If the majority protest is only against the furnishing of a specified type or types of
improvement or activity within the District, those types of improvements or activities shall be
eliminated.
SECTION 10. For a full and detailed description of the improvements and
activities to be provided for fiscal year 2010-2011, the boundaries of the District and the
proposed assessments to be levied against the businesses within the District for fiscal year 2010-
2011, reference is hereby made to the Report of the Advisory Board. The Report is on file with
the City Clerk and open to public inspection.
SECTION 11. The City Clerk is hereby authorized and directed to provide notice
of the public hearing in accordance with law.
II
II
II
II
II
II
II
II
II
II
II
II
3
100331 jb 0130568
Not Yet Approved
SECTION 12. The Council finds that the adoption of this resolution does not
meet the definition of a project under Section 21065 of the California Environmental Quality Act
and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
. Senior Assistant City Attorney
100331 jb 0130568
4
Mayor
APPROVED:
City Manager
Director of Administrative
Services
Director of Planning and
Community Environment
The City of
P,a loA 1 t 0
11opet2.2003.(J1.2514:17:39
Proposed BID Map 7125103 (I~\GIs$\DaI8\P_oI\IIopez2,mdO)
EXHIBIT A
Downtown Palo Alto
Business Improvement District
This map Is a product of the
City of Palo Alto GIS
-. 0'
This documenlll a graphic ropr_nlaUon only 01 beslavalltble sources.
The CMy 01 Palo Allo as....., ... "" .. spon_My for ""1/""" ...
Retailers
and Restaurants
(100%)
Service
Businesses
(75%)
Professional
Businesses
(50%)
Lodging
Businesses
(100%)
Financial
Institutions
EXHIBITB
Downtown Palo Alto Business Improvement District
Annual BID Assessments
ZONE A
$225.00 (Under 6 FTE employees) (50%)
$340.00 (6 to under 11 FTE employees) (75%)
$450.00 (11+ FTE employees) (100%)
$170.00 (Under 4 FTE employees) (50%)
$260.00 (4 to under 7 FTE employees) (75%)
$340.00 (7+ FTE employees) (100%)
ZONED
(75%)
$170.00
$260.00
$340.00
$130.00
$200.00
$260.00
EXEMPT (25% or fewer FTE employees, including the business owner)
$ 60.00 (26% to under 1 FTE employees) (25%) $ 50.00
$110.00 (2 to 4 FTE employees) (50%) $ 90.00
$170.00 (5 to 9 FTE employees) (75%) $130.00
$225.00 (10+ FTE employees) (100%) $170.00
$225.00 (up to 20 rooms) (50%)
$340.00 (21 to 40 rooms) (75%)
$450.00 (41 + rooms) (100%)
$500.00
$170.00
$260.00
$340.00
$500.00
N otel: For retail, restaurant, service, and professional businesses, size will be determined by
number of employees either full-time or equivalent (FTE) made up of multiples of part-time
employees. A full FTE equals approximately 2000 hours annually. Lodging facilities will be
charged by number of rooms available and financial institutions will be charged a flat fee.
Note 2: Second floor (and higher) businesses located within Zone A, will be assessed the same
as similar street-level businesses located within Zone B.
Note 3: Assessment amounts are rounded to the nearest ten dollars. The minimum assessment
will be $50.00.
City of Palo Alto
City Manager's Report
6
TO: HONORABLE CITY COUNCIl,
FROM: CITY MANAGER
DATE: APRIL 19, 2010
REPORT TYPE: ACTION ITEM
DEPARTMENT: PI,ANNING AND
COMUNITY ENVIRONMENT
CMR: 220:10
SUBJECT: Denial of an appeal by All Signs Services of an architectural review
approval condition to delete two ancillary, illuminated wall signs:
"Liquor" and "Photo" associated with a CVS pharmacy within the
CN(GF)(p) zone district located at 2701 Middlefield Road.
RECOMMENDATION
Staff recommends that the City Council deny the appeal by approving the consent calendar item,
thereby declining to hear thc appeal by All Signs Services and upholding the Director's decision
to approve the Architectural Review application subject to the conditions as recommended by
staff and the Architectural Review Board in the draft Record of Land Use Action (Attachment
A).
COUNCIL REVIEW AUTHORITY
On March 9,2010, after review and recommendation by the Architectural Review Board (ARB),
the Director approved with conditions, an application (09PLN-00314) for signage at the CVS
Pharmacy at 2701 Middlefield Road. On March 22, 2010, within the 14 day request for hearing
pcriod, the applicant, All Signs Services, submitted an appeal of the Director's approval.
Pursuant to the Palo Alto Municipal Code (PAMC) Chapter 18.77.070, once the Director's
decision is made and an appeal is filed, the project is sent to Council on the consent calendar. In
!,he case of Architectural:Review applications, a minimum of three (3) council member votes are
required to remove the project from the Consent Calendar and set a hearirig for a subsequent City
Council meeting. If the item is not removed from the consent calendar, the Director's decision
stands and no hearing is held.
BACKGROUND
On August 13, 2009, prior to the current application, the Director conditionally appmved an
application for six wall signs (two "CVS/pharmacy" wall signs and two sets of ancillary "Photo"
and "Liquor" wall signs) and painting of awnings to reflect the change of the business from a
Longs Drugs to a CVS Pharmacy retail store, upon stafflevel review. The approval allowed the
repainting of the awnings and required that the six signs not be internally illuminated, but be halo
CMR:403:09
illuminated, a method of lighting used for other signs in the Midtown Shopping Center. The
applicant did not appeal and the conditional approval was deemed effective as of August 27,
2009. The applicant however did not indicate acceptance of the conditions. Following the
approval of th~ permit, tJle applicant installed six internally illuminated signs without the benefit
of buildingpeimits and in violation of the sign permit's conditions of approval. The applicant
then filed the current application which is identical to the prior application that was conditionally
approved, because of a desire to retain and "legalize" the signs as installed. The application was
referred to the ARB for recommendation. This application was heard by the Architectural
Review Board (ARB) on March 4, 2010. Consistent with the ARB recommendations, the
Director's approval allows only two halo illuminated "CVS/pharmacy" wall signs, and requires
the repainting of the awnings to a color consistent with the existing building. Additionally, the
conditions require the immediate removal of the two sets of ancillary wall signs and window sign
installed without permits ("Liquor", "Photo" and illuminated window signs). The Director's
approval letter is attached (Attachment C).
ARCHITECTURAL REVIEW BOARD RECOMMENDATION
At the hearing on March 4, 2010, the ARB recommended the use of halo illumination, removal
of the ancillary "Photo" and "Liquor" signs, and repainting the awnings. The ARB stated that
the ancillary "Photo" and "Liquor" signs were incompatible with the existing building and
created a cl uttered appearanec.
Staff has reeeived two letters from the public regarding the request. The first letter, from Ms.
Lynn Chiapella, requested that the sign application be denied. The writer objected to the sign
colors and proportions, as well as the ancillary signs. The second letter from the Midtown
Residents Association supported the conditional approval that required the removal of the
ancillary signs. The letters from the public are included as Attachment E to this report.
DISCUSSION
All Signs Service is appealing the Director's approval condition (condition 3) requiring the
removal of the ancillary "Photo" and "Liquor" signs. The appellant does not object to using halo
lighting or modifying the color of the awnings. The appellant requests that the ancillary signs be
allowed because: 1) the total sign area does not exceed the maximum allowable size for wall
signs on one elevation; and 2) the Safeway market on 2811 Middlefield Road was allowed a
similar ancillary sign ("Pharmacy") along its Middlefield Road frontage. The installed signs
advertise a "CVS/pharrnacy" on two wall signs and two sets of ancillary "Liquor" and "Photo"
signs on both the Middlefield frontage and the west parking lot elevation. The two primary
"CVS/pharmacy" wall signs measure 58.55 sq. ft. each. The "Liquor" sign is 6.71 sq. ft. arid the
"Photo" sign is the smallest at 6.19 sq. ft. The installed signs are internally illuminated channel
letters painted in the corporate red color. Six metal awnings have also been painted the CVS red
to match the new corporate colors. The applicant's appeal letter is attached to this report as
Attachment B.
The Sign Ordinance, PAMC Chapter 16.20, contains the provisions that govern the type of signs,
as well as the maximum sizes and locations of signs. However, per PAMC Section 16.20.020
(Design Review Required) and Zoning code section 18.76.020(bX3)(B), signs that conform to
CMR:403:09
applicable Code requirements are subject to Architectural Review and must meet the
Architectural Review findings (PAMC Section 18.76.020). The 'proposed area of the ancillary
and the primary signs would not exceed the maximum allowed area. Planning staff had
originally supported the ancillary signs because they did not exceed the maximum square footage
for walls signs and with the provision that they be halo illuminated. However, upon a field
review of the signs after installation, staff agreed with the ARB that the addition of the signs
created a cluttered appearance. Both staff and the ARB determined that the ancillary signs were
inconsistent with the immediate environment and improvements of the site area and therefore
with the Architectural Review findings. An analysis of the project's conformance to maximum
area allowed and number of signs per the Sign Ordinance is located in the ARB staff report
,(Attachment D).
The Midtown Safeway's "Pharmacy" sign was approved at a staff level on August 14, 2008, as
staff determined that the proposed signage was consistent with the requirements of both the Sign
Ordinance and the Architectural Review findings. The Safeway supermarket has a frontage of
approximately 150 fcet and a total of 96.5 sq. ft of all wall signs along the Middlefield Road
frontage. The signs are placed only along the Middlefield Road fmntage. The subject CVS
Pharmacy site has a narrower 125 feet of frontage along Middlefield Road and a total of 71.45
sq. ft. of wall signs are proposed.
There are several differences between the Safeway supermarket and the CVS Pharmacy signs
and sites. The supermarket building has a longer street frontage and a more varied building
favade. Safeway's primary sign is located in the middle of the building fayade and the ancillary
signs are placed at the left and right edges. Safeway is also set back approximately 135 feet from
the Middlefield Road pr6perty line. The configuration of the building and location of signs,
including the darker color scheme of the signs, provide more separation between the four signs
and a more arehitecturally balanced appearance.
The CVS Pharmacy building has a shorter frontage and is located only approximately 35 feet
from Middlefield Road property line. The ancillary signs are proposed to be located directly on
both sides of the primary CVS/pharmacy sign. The three CVS signs on both the Middlefield
Road and parking lot elevations are proposed to be placed much closer together with a brighter
color scheme on both the Middlefield Road and parking lot facades. Staff and the ARB
members have both determined that the addition of the ancillary signs do not promote visual
environments which are of high aesthetic quality and variety.
RESOURCE IMPACTS
The decision by Council to uphold the Director's decision would not result in any cost and/or
revenue impacts to the City. The appeal process and development review costs are recovered
through permit fees.
POLICY IMPLICATIONS
The proposed use is consistent with the Comprehensive Plan in that the proposed signage is for a
retail use that is consistent with the site's Neighborhood Commercial land use designation .
CMR: 403:09 . Page 3 of4
ENVIRONMENTAL REVIEW
The project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA).
PREPARED BY: ~tL wW
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
ATTACHMENTS
A. Record of Land Use Action
Se' I
'W
'-'--"'·irector
Planning and Community Environment
B.· Appeal request from All Sign Services, dated March 23,2010
C. ARB Permit 09PLN-00314, approved March 9, 2010
D. ARB staff report, dated March 4, 2010
E. Public correspondence
F. Photo of existing signs
G. Location map
COURTESY COPIES
David Ford, Appellant
Duca and Hanlcy Properties, owner .
Midtown Residents Association
Lynn Chiapella
CMR:403:09 Page 4 of4
ATTACHMENT A
APPROVAL NO. 2010-
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL
FOR 2701 MIDDLEFIELD ROAD: ARCHITECTURAL REVIEW 09PLN-00314 (ALL
SIGN SERVICES, APPLICANT)
On April 19, 2010, the City Council denied the appeal of
the' Planning Director's approval of an Archi tectural Review permi t
to allow illuminated wall signs and fa9ade improvements, 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 December 22, 2009, All Sign Services applied for an
Architectural Review 09PLN-00314 'to allow the installation of six
internally illuminated wall signs and fa9ade improvements (the
project) for CVS Pharmacy located at 2701 Middlefield Rd.
B. Following staff review, the Architectural. Review Board
reviewed the project and staff recommendation on March 4, 2010.
C. On March 9, 2010, the Planning Director issued a
condi tional approval based on the Archi tectural Review Board's
recommendation to require that the internally illuminated wall
signs be removed and replaced with halo illuminated wall signs.
The approval also required two sets of ancillary signs to be
removed and the repainting of the awnings to match the building.
C. On March 22, 2010, the applicant appealed the Planning
Director's decision.
SECTION 2. Environmental Review. The appeal of the
Director's decision and the scope of this project are exempt from
the provisions of the California Environmental Quality Act per
Sections 15270 and 15301.
SECTION 3. Architectural Review Findings.
1. The design is consistent and compatible wi th
applicable elements of the city's Comprehensive Plan, in that:
The project, as conditioned, is consistent with Policy L-50:
Encourage high quality signage that is attractive, appropriate for
the location and balances visibility needs with aesthetic needs.
The design of the sign, materials, and colors, as conditioned per
the Director's approval, are attractive and appropriate for the
site and the surrounding neighborhood. The ancillary "Photo" and
1
"Liquor" wall signs would not be consistent or compatible because
installation would create a cluttered appearance when combined with
the primary wall sign.
2. The design is compatible with the immediate
environment of the site, in that:
The design and placement of the signs, as conditioned, are
consistent with the existing architectural style of the building.
The colors and materials have been conditioned to be compatible
with the existing building. The approved signs, as conditioned, are
located where existing signs were previously approved to be
located. The ancillary wall signs would not be consistent with the
existing architecture and therefore have been required to be
removed.
3. The design is appropriate to the function of the
project, in that:
The design, as conditioned, is appropriate to the function of
the project, in that the ,;;ligns provide identification for the
business for both customers traveling on Middlefield Road and those
in the shopping center. The design is consistent with the Sign Code
Regulation Palo Alto Municipal Code Chapter 16.20.
4. In areas considered by the board as having a unified
design character or historical character, whether the design is
compatible with such character, in that: .
The design, as conditioned, is compatible with such character
in that the channel letters and halo illumination are compatible
with existing signage at the Midtown Shopping Center.
Architectural Review findings 5 through 16 are not
applicable to the project.
SECTION 4. Archi tectural Review Approval Granted.
Architectural Review Approval is hereby granted for the Project by
the ci ty Council pursuant to Chapter 18.76 of the Palo Al to
Municipal CodE!.
SECTION 5. Plan Approval.
The plans submitted for Building Permit shall be in
substantial conformance with those plans prepared by Image National
Inc., titled CVS I pharmacy , consisting of eight pages, dated
December 19, 2009, and received April 8, 2010, except as modified
to incorporate the conditions of-approval in Section 6. A copy of
2
..
. .
these plans is on file in the Department of Planning and Community
Development. The conditions of approval in Section 6 shall be
printed on the cover sheet of the plan set submitted with the
Building Permit application.
SECTION 6. Conditions
1. The plans submitted for Building Permit shall be in
substantial conformance with the ARB-approved plans dated
received February 22, 2010 except as modified to incorporate
these conditions of approval.
2. The ancillary signs ("Photos and "Liquor") shall be
removed.
3. The wall signs shall be "halo-lit" (reverse pan
channel lighting, such that the illuminated sign face shall
appear essentially opaque) .
4. A Building Permit is required for the illuminated
signs.
5. The awnings shall be repainted to a color consistent
1f/i th the exis ting building subj ect to the approval of the
Planning Director.
6. The illegal internally illuminated wall and window
signs shall be removed immediately.
7. The directional sign shall not be used for advertising
services.
8. Wall signs shall not exceed a thickness of ten inches.
9. Not more than twenty percent of the total window space
on a wall may be covered by window signs at any time.
10. The plans submitted for building permit shall state,
"The contractor using the city sidewalk, alley or parking lot to
work on an adjacent private building must do so in a manner that
is safe for pedestrians and vehicles. The contractor must cone
or tape-off the work area while still leaving adequate room for
pedestrians and vehicles to safely pass. If the contractor's
work area leaves insufficient sidewalk or alley space for safe
pedestrian and vehicle passage, the contractor must apply to
Public Works for an encroachment permit to close the sidewalk or
alley. "
3
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: •
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Planning and
Community Environment
PLANS AND DRAWINGS REFERENCED:
1. Those plans prepared
"CVS/pharmacy", consisting of
and received April 8, 2010.
by Image National, Inc. titled
eight pages, dated December 18, 2009,
4
(
Attachment B
CITY OF PALO ALTO
Office of the City CIIIIk
APPEAL FROM THE DECISION Of DIRECTOR OF PLANNING
AND COMMUNITY ENViRONMEIW
If!t.£ff>-::'''' P\'Il.
l V tid; > :_ C. . r-l r: 4 J
For appeals of, final decisions on Archllectural Review Board IVId Hom~ Improvement ExoepUon applications (rendeJed after public -,
hearing), !his ap~aI form shall be completed and submitted by ~l1ant witflln fourteen days from date of 1I1e DlreCtrir's decision,
Appeals of final decisions on Individual Review applications (rendered affer IWbllc hearing) must be submitted wilhln ten days of lila
Director's decision, ComJ*!te forni, the current fee and a letter slaUng reasons for the appeal shall be submitted to front desk staff
oftha Planning Division, 5'> floor, Cily Hall, 250 Hamilton Avenue, eXC6ptfor 960 Fridays whenCily Hall is closed, when these
Items shall be submitted 10 Planning staff at the Development Center, 265 Hamilton Avenue (glass storefront across !rom Cily
Hall on lIIe corner of Bryant and Hamillon), ' ,
• Direclor of Planning includes hIs designees, whicih are Planning Managers or the Chief Planning Olnelal ,
Appeal ApplicatiOn No. dift.N -DDJ/'-/ RecelplNo, ______ _
Nameof~lIent J)AVI;z:>_L&-=v.?:.;;;''P::....... _______ Phone(?l~) ;S1il?-o~;;>_'1_,, __ _
Address /2'1 dUl0c;£€, 6-:-"f'o$lE'VuJ£!; C4 5'~7~'7
~ ~ ~P
LOCATION Of PROPERTY SUBJECT TO APPEAL:
SlreetAddress __ ' --.-2.'101 Ih/pp;.e,!..n..!.:;ie::""_",,,,,,p=-~..!.:/CP==-,-, ______________ _
Name of Pro~rty Owner (K other1l1an ap~lIant) _PU4::'!_LIi!!N'L!f.'L..L ;f<>~~J' _~_, ___ _
PropertyOwne(SAddress~?1 L-lrLCEI-A/ AytE. 5A"l..J~ C4 . ____ 95"/Zr
. ~ ~ ~
The decision of Ihe Director of Planning md Community Environment dated _._/J)/'1£~ ~ ___ , 2Q,....!../=.", __
~bythe application t>'lJ'<..;v-ooh1 by PA'VIP ;4/Q>
.. (61e numbe~ (ooginal projecl applicant)
.)l1li9 d/l"'.eo V~
(approvedldenled)
Date: W:>P'"
,Is hereby ~Ied for the reasons staled in the attached letter Qn dupficate)
o . ~.(.?/ 7":=-p Signa\U~ ¢ Appallant--,4Z:~~·:::::r'::::::::::::L...2~::"~""'(::r.
. PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF):
~te ____________ _ Approved Dented __ _
Remarks and/or Conditions:
CITY COUNCIL DECISlON (TO flE FILLED OUT ElY STAFF):
Oate _________ _ Approved !iented ___ __
Remarks and/or Condidons:
SUBMITTAL REQUIREMENTS SATISFIED:
1. leIterstaUng reasons for eppeal ____ ReoelVlld !Jy: _____ . __________ _
2. Fee (currently $i5t.flO) _~__ Received by: __ ._.
ru..~
I
l
ALL SIGN SERVICES
March 23, 2010
City of Palo Alto
Planning Department
250 Hamilton Ave.
Palo Alto, CA 94303
Dear Ms. Lee,
124 Allimore CI.
Roseville, CA 95747
I would like to appeal the ARC decision on application #09PLN-00314 for the
CVS signage located at 2701 Middlefield Road.
While we are willing to work with some of the ARC's findings regarding the type
of lighting used on the signage (halo as opposed to internal illumination) and the
color of the awnings (red to match the tower roof and other architectural
elements of the building), we disagree with their recommendation on secondary
signage.
The proposed signage falls within the city sign ordinance, and was previously
approved by the Planning Staff under application #09PLN-000n (please see
attached) The use of secondary signage is currently being done by the Safeway
store in the same area (2811 Middlefield Rd.) where they have three signs
located on the front facade of their building (please see attached). We believe
that with proper spacing and location the proposed secondary signage can be
made to work with the large available signage area.
Thank you.
Sincerely,
f)~
David Ford
All Sign Services
(for Image National)
CVS -2701 Middlefield Road
We are proposing to replace the existing Longs Drugs signs located at 2701 Middlefield Rd. with new
signs for CVS!pharmacy. CVS has acquired the Longs Drugs franchise and is in the process of rebranding
all of the stores with new signs.
CVS is proposing main signs that are a similar size to the existing longs Drugs signs (36" letter height),
and the addition of two anciliary signs on the main and secondary elevation (Photo, liquor). These
ancillary signs are 18" letlersets and are positioned to the left and right of the main sign. CVS is also
proposing to replace the transom vinyl on the two entrances, the receiving plaque on the back door and
repainting the existing awning to the CVS red.
Mat'Gh 9,2010
David Ford
All Signs SCTViceS
124 A1limore Court
Roseville, CA 95747
',. ;
Attachment C
~ity9fPalQN!Q
Department of Plllnnhrg anif
.Coltll1!!{nit.v E ntJiromnii1I./c
Sub:le(t: 2701 ty'liddlcjieIdRd. -Filll# 09PLN"003hl: Architectural Revie.w for siglls and
f!\.;adeimtlt:ovement~ •..
DearMI'. Ford:
On Thursday Mat'eh 4, 2010, the Arcl1i\ecwra1RevLewBoard (AI~g)I'evi~wed~n application for
fu<;:ade. and.bui1ding modifitatiut1s at270l Mid4.lcqcld:Iid., Pa,lpAho. The ARB l'cview@ thep1"Qject
and recomnwnded approval wlthcOn{jitionS' to, thepjret,t¢i' of Plahliing llt1d ComlTIuility
llnvironmenL On Tucsdliy M~ch:.9,.201Q, tM Directpr QfPJanning andComtnunity Enviroumenl .
conditieuuUy apjll'ove(i the projectasdcscribcd o.,Jow.
PROJECT DESCRIpTION
2701 Middlefield Rd, [O.!)PLN-iso3141l· Request by All iljgn~ Ser,YtgeS, on behalf of Dlloa and
HaIJleY Pl'Opeliies. Inc., for\\t<;hiieBluraL revie~ for of jl1l1niiti~!~£twall signs and fayade
impl'ovement$ for CVS l'harmacy, Exemp(fl'om the provisiprrl\.'Qf,;~'$;2A. Section 15301. Zone:
CN(OF)('p).i .. ~ ••.•.
FINmNGSFORAP.PROVAL .'
1. The approval is based'upon the pr(jjecti'!icompHllO~c WTththe:'A~Jfil~teq\lired findings as stated
in Allachment A. . . .
CONDIt'IONS OF APl'!WVAL
Planning »ivision .
L The plans s\lbmitted for BuiJaing,Permltshll11 QC in subst!lntialoonfmmance with. the ARB-
approved plans dated received February 22, 2010 eXCept as modified 10 inCOrpOl'Nte these
conditions of approval.
2. A copy of the ARB approval letter shaH be. printed oht)leplahl: submitt\.ld for bulJdiflg pennit.
Plal1;njn~r
250 Hamiltl."HtAyt;·nue
P.O. Box 10250
Polo Alto, CA 94303
6.s0.329.2Ml
650 329.2154
''ra:hsp'bl'tatfon
250.HamUtonAvoJwo
P.O. Box 10250
Polo A ito, CA 94303
<150.329.2520
65Q.617.310<\
lltilkting
285. Hamilton Averru~ ['.6. Box 10250
Palo"'l,">, CA 94303
650.329:2496
650.329.2240
2701 Middiefjeltl Rd,
ARB Mo<:Uog Dnte: March 4, 2010
09I'LN.OO3)4
3. The ancillary signs ("Photos and "LiqUor") shall be removed,
4. The wall signs shall be "haio-ilt" (reverse pan channel lighting. stich thnt the illuminated sign
taC;! shan appear essentially .opaque). .
5. A Building Permit is reqllired for the ilhmiinated signs.
6. The awnings shall be repainted to a color consistent with the existing building subject to the
approval of lhe Planning Director,
7, The illegal internally illuminated walland .w.indowsignsshall be remov.ed immediHtely,
, ' " . '. -
8. The directional sign shull not be used for advertising services .
. 9. Wall signs shall not exceed u thickness of ten inthes.
10. Not more than twenty pereentoJ'the lotal window Sll\lce on::\ wall mllY he.covcred lly window
sigllsllt uny lime. .
I I. Thcrlans sllbmitted f()r\Juil(jing pennit shall stllte, "ThccontrllctQ~ usjng the <;ity sidewalk, alley
or p,lrktng lot to work 01) an adjacent private building musl 40 so in a manner that is safe for
pc4csuians and vehicles. The contraotorn'lust cOileqr tape,off the W01'kar~ while still leaving
adequate room for pedestrians and vehicle.s to safely pass. If the contractor's work urea leaves
insufficientsidowalk O1'ulley space for sllfe.pedesliiaMlnd< vehicle passage, the \lontrac(or mllsl
applY (0 PubHcWorbfor an encroachment penni! to clQs~tlm Sidewalk cralley."
This Director's decision shall become final fot[j~.een calendar (t4)duys follOWing the date of this
leIter, uoless an :appeal is filed punruant to PAMe Chapl~.r 18.78. . ,
If you have any ques!ior\$ t-egaroing this ARB action, ple~~ do \lot h.e~it"te to epntact the projeet
planner, Elenll Lee, at (650) 617 -3196 or vill email at Elcna.l;ee@cityofpaloalto.org.
Steven Turner
. Advance Planning Managl'lr
ce. Duea & Hanley PJ'opclties,. Ihc" 1091 Lincoln Ave" San Jose, CA 95125
Attachment:
A. ARB findings
<\T'l.' ACHMENcr A,
. . ... FINJ)lNqSFQR ArJlROVA,L ..
A,ltCIIITEC'ruRAL l{EVlltW llOARDSTAN])ARDS FOR REVIEW
2701 MiddlefieldRd./Flle No. 09FLN-00314
ArchitcclunilReview Finding~
The design and architecture Qfthe pmI10sed i{llprOvements,llscllndltioned, complies with the
FhidingS fQr ArchitecrLlral Review as required in Cbapter 1836 onhe PAMe.
(1) The design is consistent and compatible with upplicaple Clements of the' Palo Alto
CO,m]ll;etrensive J'lan. The pl;ojeot is (;onsistent with PoJiQY 1,..,o: Encourage, hi&~ quality sign age
that is ,(ttntclivc, appl'opriate'foJ: the loc(lIionuhd b,illillces visJ15ilityneeds with aesthetic needs.
The design of Ihc'sign, materials. and co.\ors IItc·attractive and uppropliatc for the site und the
s1l1'l'0unding neighborhood.
(2) 'fhe design i~ compatible with the immediftte envitonment of the site. T)le design nnd
plaGcment of the ~ign is consistent with the existing architcctund style tjf the bllilding. The
colors and maielials have been desi,gned to be comlililtibk with the existing building. The
proposed signs are located where existing signs were ]JrevlQusly approved to be located.
, (3) 'rhe design is appropri!\l\: to the fUnction of th~ proj~et. io ll1ilt the s;ignsprovide identificatioJl
for the business for both CUstOflll:)l'S traveJlng oil Middlefield ,Road and those in theslmpping
cellter. The sign is consistent with the Sign Code Regulation Palo Alto Municipal code Chapter
16.20.
(4) In areas consid¢red by the board a$ 11aving ~l unified desjgn character or histOl'kal cllaracter,
the d¢sign is cOI11P(llible wiJIi stlchch;ifacter in that the c.hannel letters and halo illumination are
cQmpatible with existing signage at the Midtown Shopping Cli'nter.
Arcilitecr.ur(1./ Review finding,I' 5filrtJugh 16 (we lWt. applicable to thli project,.
2071 Middlefield Rd./09PLN-00314
... l' 4M
Agenda Date: March 4, 2010
From: Elena Lee, Senior Planner
Attachment D
Architectural Review Board
Department: Planning and
Community Environment
Subject: 2701 Middlefield Rd. [09PLN·00314]: Request by All Signs Services, on behalf
of Duca and Hanley Properties, Inc" for architectural review and recommendation
to the Director of Planning and Community Environment of internally ilIurninated
wall signs and fayade improvements for CVS Pharmacy. L.one District:
CN(GF)(p)
RECOMMENDATION
Staff recommcnds that the Architectural Review Board (ARB) recommend the Director of Planning
and Community Environment approve the proposed project with the attached findings based upon
modification of lighting and attached conditions, including conditions requiring halo illumination
and the immediateremoval of all unapproved signage.
BACKGROUND
Site Information'
The existingCVS drugstore is located at the northeast comer of the intersection of Middlefield Road
and Bryson Avenue. The building, which previously was occupied by Longs Drugs, is located
within the Midtown Shopping Center. The eenter, which includes a Safeway supermarket and
Walgreens drugstore, is a neighborhood serving, pedestrian orientep center. Currently, internally
illuminated wall and window signs have been illegally installed on site, without the benefit of
building permits and contrary to the conditions of approval issued with the sign permit approved in
August 2009.
Project Background
On August 13, 2009, a staff level Architectural Review was conditionally approved for the
installation of six "halo-lit" wall signs (measuring 58,55 sq. fl., 6.71 sq. ft., and 6.19 sq. ft.), two
window signs and one direetional sign. The pennit also included the repainting of three existing
metal awnings, This permit was associated with the rebranding of the sit,e from Longs Drugs to CVS
Pharmacy. The pennit was not appealed and was deemed effective as of August 27, 2009. The
original application proposed the six wall signs to be internally illuminated with light emitting diode
(l.e,d.) lights. However, the pennit was conditionally approved requiring the plans to be revised to
show halo light fixtures, The City approved a similar permit for halo lit wall signs was approved in
August 2009 for the University Avenue CVS Pharmaey. The applicant has filed this application
because of a desire to "legalize" internally illuminated wall signs they haveinstalled instead of halo-
lit signs and because the period to appeal the restrictive lighting condition for the previous approval
has ended. Because the applicant has submitted a new application, any decision from this
,
application would supersede the previous penuit.
Project desclliption
,The purpose of this application is to ask the City to reconsider the internally illuminated I.e.d. wall
signs instead of the halo-lit signs. The project includes the installation of two sets of signs consisting
of three internally illuminated wall signs on the Middlefield elevation and the west parking lot
elevation. Each set of signs consists of a larger (58,55 sq. ft.) "CVS/phannacy" sign in the center
and flanked on either sides by a smaller 6.71 sq. ft. "Liquor" and 6.19 sq. ft. "Photo" signs. The new
, signsconsistof channel letters painted in "CVS million dollar red" to match the corporate colors.
Six metal awnings would be painted to match the new corporate colors. A new receiving door
plaque sign would be installed on the north elevation and a new non-illuminated vinyl window sign
would be affixed on a west elevation window.
, Project review
, 'Applications for the location and construction of signs are considered 'minor architectural review
projects, typically reviewed at an administrative level without a pubic hearing, although any member
of the public may request a hearing once a tentative decision has been made (Palo Alto MUnicipal
Code 18.77 ,020(b». Because the applicant has objected to staff's approval requiring halo lighting,
staff is seeking ARB and community feedback in a public hearing, rather than rendering a tentative
decision: The ARB may visit the site after dark to evaluate the installation.
DISCUSSION
Palo Alto Municipal Code (PAMC) Chapter 16.20 regulates signage, including placement and
size. According to PAMC chapter 16.20.090(b), signs also cannot advertise or display "the
make, brand name or manufacturers name of any product, article, or service unless the same
assists in and is done incidentally to the naming, designating or identifying of said business
'enterprise or calling." Bl?cause the "Liquor" and "Photo" signs are typically part of identifying
tne CVS businesses and they do not constitute "make, brand name or manufacturer's name", they
are therefore not prohibited. The proposed signs meet the size requirements of the PAMC, as
indicated in the following table, Per PAMC Chapter 16.20.130, there may be any number of wall
signs,butthey cannot exceed the maximum square footages identified in Table 3 of the Sign
Ordinance. The proposed window sign would be allowed provided it does not exceed 20% of the
total window space. The University Avenue CVS store is within a regionally-oriented shopping
area and the halo-lighting appears to be sufficient for advertising the store.
Sign Proposed Maximum Allowed Consistent
Middlefield Elevation 71.45 sq. ft. total 80 sq. ft. Yes
• (Wall Size: 1740 sq. i
. ft.) ! ,
... ~-----
West Elevation 71.45 sq. ft. total 100 sq. ft. Yes
(Wall Size:, 2500 sq. ! ft.)
Because Midtown is one of the four identified neighborhood centers in Palo Alto serving the
surrounding local neighborhood, signs have been subject to more detailed review than other areas,
2701 Middlefield Rd. Page 2
similar to the downtown. The importance of the neighborhood character of the Midtown shopping
center is rccognized in the Comprehensive Plan. Accordingly, Program L-39 states that a plan
should be developed for the Midtown area with a special emphasis on public improvements, parking,
street furniture and' signage. Currently, no master sign program has been adopted for this area. As
indicated above, the proposed signs meet the size requirements. The primary issue is the source of
illumination.
The majority of signs at the Midtown Shopping Center are not illuminated and are compatible with
the neighborhood serving focus and the buildings. The signs lnMidtown that are illuminated are
done so with halo lighting fixtures. The Midtown Walgreen signs were approved in 2002 to be
illuminated with external lighting. The Midtown Safeway sign was also approved in 2002 with halo
lighting. The original Longs Drugs sign was approved in 1997 to replace internally illuminated signs
with new design featuring halo illumination. The property owner was cited in 1999 for the illegal
installation of internally illuminated signs and required to replace the signs with the approved halo
lighting. The August 2009 approval recognizes the prevailing Midtown lighting pattern.
Rather than approve the application with a lighting condition and wait for the applicant's hearing
request, staff now requests ARB feedback and recommends the conditions of approval requiring
modification of the plans to incorporate halo lighting and removal of all illegal signage. The ARB
may wish to comment on the proportions and composition of the signage and thc background ~hey
are mounted on, even though the proposal (with the condition for.halo illumination) was previously
approved. Although the proposal does not exceed the maximums described in the Palo Alto
Municipal Code, one of the responsibilities of the ARB is to review and ensure per PAMC Chapter
. 18.75.050 Finding 4 that "in areas considered by the Board as having a unified design character or
historical character, the design is compatible with such character". Should the ARB find thesigns
and internal illumination to be compatible with the Midtown lighting and signage design context,
findings can be made by the ARB after public testimony is received.
ENVIRONMENTAL REVIEW
Pursuant to the requirements of the California Environmental Quality Act (CEQA), the project is
categorically exempt from CEQA, per Section 15301, Existing Structures.
ATIACHMENTS
A. Draft ARB Findings.
B. Draft conditions of approval
C. Location Map
D. Previous Sign Approval (09PLN-00077)
E. Applicant's project description lettcr
F. Project plans (ARB members only)
Prepared By:
Manager Review:
Elena Lee, Senior Planner r§l-~
Amy French, AICP, Manager of Current Planninti../
COURTESY COPIES
David Ford, All Sign Services
2701 Middlefield Rd. Page 3
ATTACHMENT A
FINDINGS FOR APPROVAL
ARCHITECTURAL REVIEW BOARD STANDARDS FOR REVIEW
• 2701 Middlefield Rd.! File No. 09PLN-00239
Architectural Review Findings
The design and architecture of the proposed improvements, as conditioned, complies with the
Findings for ArchiU;ctural Review as required in Chapter 18.76 of the PAMC.
(1) The design is consistent and compatible with applicable elements of the Palo Alto
Comprehensive Plan. The project is consistent with Policy L-50: Encourage high quality signage
, that is attractive, appropriate for the location and balances visibility needs with aesthetic needs.
The design of the sign, materials, and colors arc attractive and appropriate for the site and the
surrounding neighborhood.
1
(2) The design is compatible with the immediate environment of the site. The design and
placement of the sign is consistent with the existing architectural style of the building. The
colors and materials have been designed to be compatible with the existing building. The
proposed signs are located where existing signs were previously approved to be located.
(3) The design is apjJropriatelo the function of the project, in that the signs provide identification
for the business ,for both customers traveling on Middlefield Road and those in the shopping
, center. The sign is consistent with the Sign Code Regulation Palo Alto Municipal code Chapter
, 16.20. . '
(4) In areas considered by the board as having a unified design character or historical character,
the design is compatible with such character in that the channel letters and halo illumination are
compatible with existing si gnage at the Midtowp Shopping Center.
Architectural Review findings 4 through 16 are not applicable to the project,
2071 Middlefield Rd./09PLN-00314
j
Attachment B
2701 Middlefield Rd.: CVS Pharmacy
09PLN-00314
Draft Conditions of Approval
1. The plans submitted for Building Permit shall be in substantial conformance with the
ARB-approved plans dated received February 22, 2010 except as modified to incorporate
these conditions of approval.
2. The wall signs shall ~ "halo-lit" (reverse pan channel lighting, such that the illuminated
sign face shall appear essentially opaque).
3. A Building Permit is required for the illuminated signs.
4. The illegal internally illuminated wall and window signs shall be removed immediately.
S. The directional sign shall not be used for advenising services.
6. Wall signs shall not exceed a thickness of ten inches .
. 7. Not more than twenty percent of the total window space on a wall may be covered by
window signs at any time.
8. The plans submitted for building permit shall state, "The contractor using the city
sidewalk, alley or parking lot to work on an adjacent private building must do so in a
manner that is safe for pedestrians and vehicles. The contractor must cone or tape-off
the work area while still leaving adequate room for pedestrians and vehicles to safely
pass. If the contractor's work area leaves insufficient sidewalk or alley space for safe
pedestrian and vehicle passage, the contractor must apply to Public Works for an
encroachment permit to close the sidewalk or alley."
Attacbment C
2701 Middlefield Rd.
Location Map
The eil" Qf
Palo Alto
This map is a product of the
C\ty 01 Palo Alto GIS
-. • H'
August 13, 2009
David Ford
124 Allimore Court
Roseville, CA 95747
Attachment D
City of PaloAlto
Department of Planning and
Community Environment
Subject: CVS signage, 2701 Middlefield Rd., 09PLN·00077
Dear ML Ford:
On August 13, 2009, the minor Staff·Level Architectural Review application for the project
referenced below was conditionally approved by the planning staff on behalf of the Director of
Planning and Community Environment, as it was found to meet the applicable Findings set forth in
Palo Alto Municipal Code (PAMC) SectionJ8.76.0Z0(d).
PROJECT DESCRIPTION:
Request by All Sign Services, on behalf of Handley Properties, for a minor Architectural Review
for repainting of three metal awnings and installation of six "halo-lit" wall signs (measuring
58.55'sq. fL, ,6,71 sq. ft and 6,19 sq.ft.)"two window signs and one directional sign.
Environmental Assessment: Exempt from the provisions of CEQA. Zone District: CN(GF)(p).
F1NDINGS FOR APPROVAL:
The approval is based on the following findings:
1, The approval is based upon the finding that the proposed site improvements comply with the
Standards for Review (PAMC Chapter l8.76.020(d) and design guidelines adopted by the
. Architectural Review Board, Sign Ordinance (PAMC Chapler 16.20) and Downtown Urban
Design Guidelines.
2. The approval of this project shall be subject to the following conditions:
CONDITIONS OF APPROVAL:
Planning Division
1. The plans submitted for Building Pennit shall be in substantial confonnance with the ARB·
approved plans dated received April 16, 2009 except as modified to incorporate these conditions
of approval.
2, The wall signs shall be "halo-lit" (reverse pan channel lighting, such that the illuminated sign
face shall appear essentially opaque during daytime hours).
Planning
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
650.329.2441
1i50,'!?9.?1.'i4
Transportation
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
650.329.2520
6506173108
Building
285 Hamilton Avenue
PO, Box 10250
Palo Alto, CA 94303
650,329.2496
650.329.2240
2701 Middlefi"ld Rd.
09PLN-00077
Page 2 0[2
3. Prior to a submittal for a building permit, the applicant shall submit a color and materials board.
4. A Building Permit is required for the illuminated signs.
5. The directional sign shall not be used for advertising services.
6. Wall signs shall not exceed a thickness of ten inches.
7. Not more than twenty percent of the total window space on a wall may be covered by window
signs at any time.
8. The plans submitted for buildingpermit shall state, "The contractor using the city sidewalk, alley
or parking lot to work on an adjacent private building must do so in a manner that is safe for
pedestrians and vehicles. The contractor must cone or tape-off the work area while still leaving
adequate room for pedestrians and vehicles to safely pass. If the contractor's work area leaves
. insufficientsidewalk or alley space for safe pedestrian and vehicle passage, the contractor must
apply to Public Works for an encroachment permit to close the sidewalk or alley;"
This Director's decision shall become final fourteen calendar (14) days following the date of this
letter, unless a request for a hearing is filed pursuant to'PAMC Section 18.77.070(b)(4). Please
contact the building division staff regarding building permits for the sign installation.
Should you have any questions regarding this action, please do not hesitate to contact the project
planner, Elena Lee, at (650) 617-3196.
Sincerely,
Hanley Properties. 1091 Lincoln Ave., San Jose, CA 95125
ATTACHMENT E
CVS -2701 Middlefield Road
We are proposing to replace the existing longs Drugs signs located at 2701 Middlefield Rd. with new
signs for CVS!pharmacy. CVS has acquired the longs Drugs franchise and is in the process of rebranding
all of the stores with new signs.
CVS is proposing main signs that are a similar size to the existing longs Drugs signs (36" letter height),
and the addition of two andllary signs on the main and secondary elevation (Photo, liquor). These
ancillary signs are 18" le!tersets and are positioned to the left and right of the main sign. CVS is also
proposing to replace the transom vinyl on the two entrances, the receiving plaque on the back door and
repainting the existing awning to the CVS red.
February 28, 2010
Lynn chiape11a
631 colorado Avenue
palo Alto, CA 94306
Architectural Review Board
City of palo Alto
250 Hamilton Avenue
palo Alto, CA 94301
RE; 2701 Middlefield Road
Dear Members of the ARB:
AUachmentE
CVS ARB 1etter.txt
I hope that you had a chance to visit the Downtown and Middlefield sites of
cvs/pharmacy to compare the colors selected, daytime appearance, and nighttime
illumination.
The Middlefield Road signage of 23 bright orange red characters is harsh during the
day and eye-popping at nlght. At night this sign overwhelms all other signage in
the shopping center including it's competitor wa1greens just a few hundred feet
away. The size and proportlon of the sign is qUlte strlking as compared to any
other approved sign in this neighborhood commercial shopping area which is only a
few hundred feet from residences.
In case someone missed seeing the disproportionately large sign on Middlefield Road,
it is repeated above the front entrance door, along with another lighted sign that page 1
CVS ARB letter.txt
says "MILK 289". At night the brightness of the cvs signs detracts from the lighted architectural tower at the corner of the building and blinds shoppers from seeing the other small shops with minimally lit rooftop signs, which are part ofa master sign program. others have requested what cvs is requesting: bigger, brighter, and bolder. compare that to previous ARB approvals for walgreens, safeway, and all
other small businesses in the area.
The "cvs million dollar red" color has no relation to the mauve(?) or purple red
colors of the tower roof, cross bars holding the orange awning, decorative tiles along the pedestrian walkways that were part of the LONGS approval (photos included). You may recall that LONGS had to modify their signage color from "corporate red" to a softer red. The Downtown CVS red background appears to be a softer red color with blue or pink undertones as seen in daylight. Staff assures me
that at night it is a very bright orange red. However, it was not lit Sunday
2/28/2010 at 8: 30 pm when I drove Downtown to see the co lor, whil e the Mi ddl efi el d sign in a neighborhood commercial area was brightly lit at 9:00 pm when I returned
home.
please reject the applicant's request to approve the current illuminated signage and require the applicant to return with signage which is compatible with the
current building colors, tiles, architectural feature, mural, and with neighboring signage. It would also be nice if the awning extended out further over the
pedestrian walkway to provide shade in the summer, reduce the heat island effect of
the front parking lot, and reduce the glare from the interior light bulbs.
The additional words "photo" and "Liquor", which appear on the Midtown sign do not
appear on the Downtown sign or on any CVS signs in LOS Altos or Mountain view that I observed. The proportions of the cvs signage to building fa~ade at these other sites seemed less intrusive and more graceful. only the Midtown sign has ' advertising of liquor and photos which adds significantly to the jarring proportions of the cvs signage compared to any other ARB approved sign in Midtown or CVS signage in other communities.
will you review staff findings, one through four, that the design of the cvs sign, as approved on August 27, 2009, is appropriate for a small neighborhood shopping area surrounded by housing and is consistent with the already approved signage in the area? I do not recall receiving any notice concerning this sign in July or
August of 2009. If I had I would have requested a hearing or appealed the permit, as mentioned in the staff report on.page 1, paragraph 3, ,sentence 4.
Lastly, the advertising of "liquor" and "photo" included in the cvs signage does
not meet the former interpretation of PAMC 16.20.090, as applied to other businesses
in palo Alto, and most particularly to walgreens and small businesses in Midtown. I
seem to kreca 11 that Wa 19reens al so wanted.to i ncl ude si mi 1 ar 1 anguage in thei r, signage'.
It seems patently unfair to change the rules in midstream, especially when it favors one competitor over another operating in the same shoppin!;! center. If this form of advertising is allowed. then why shouldn't SAFEWAY advertlse their pharmacy and liquor departments as p,art of their signa!;!e?And certainly Walgreens should be allowed to add "Liquor', "photo", "GrOcerles", or "Cosmetics" to their signage. " .. page 2
CVS ARB letter. txt
please confirm with the city Attorney the interpretation of 16.20.090 so that all applicants receive the same interpretation. especially when operating competitively.
sincerely,
Lynn chhipella
page 3
Architectural Review Board
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Midtown Residents Association
RE: 2701 Middlefield Road, ARB Meeting of March 4, 2010
Dear ARB members;
March 3, 2010
The Midtown Residents Association (MRA) Steering Committee has the following comments about the CVS
request for changes to the signage of its store at 2701 Middlefield Road. We have heard from several residents
expressing concern about this issue.
Our concerns:
o CVS installed the cl,Irrent signage without any city approvals. We find this unacceptable.
o CVS must conform to the conditions of approval required when Longs opened at this site. Nothing about
the site has changed except the name of the company, thus the same rules shou.ld apply.
o The signage does not conform to the sign guidelines in place for Midtown. The current signage is too bright
for a neighborhood center in a residential ;area. At night the overwhelming brightness of this sign makes it
hard to see the signage of other shops in the center.
o Most residents think of CVS (as we did Longs) as primarily a drugstore and thus having the smaller signs of
"Photos" and "Liquor" unnecessary. While not prohibited, emphasizing Liquor in particular in a
neighborhood center frequented by teens is particularly inappropriate. This is not a strip mall where passing
drivers need to be lured in to buy alcohol. Ironically, the liquor sign is placed right next to the teenage mural.
o The current signage is ugly. The bright and garnish colors are suitable for a strip mall. They do not enhance
the Midtown neighborhood center. The signage is not suitable for this location.
We req uest that you:
o Require the applicant to immediately remove the unpermitted signage.
o Reject the applicant's request to approve the current illuminated signage as inappropriate for a
neighborhood center and inconsistent with the existing approved signage in the center.
o Require halo lighting (as they have 6n their University Avenue store). All other stores in Midtown with
illuminated signs have had to meet this requirement.
o Require that the signage be compatible with the Midtown Center's building colors, architectural features, the
public art mural, and other stores' signage.
o Confirm PAMC Chapter 16.75.050 Finding 4 that the design should be compatible with the character of the
Midtown Center. Require the applicant to return with sign age which is compatible with the current building
colors, tiles, architectural feature, mural, and with neighboring signage.
We support the Draft Conditions of Approval listed in Attachment B of the staff report.
Sincerely,
Sheri Furman, MRA Chair
Annette Ashton, MRA Vice-chair
Attachment F
The elq of
Palo Alto
Attachment G
Location Map
2701 Middlefield Road
CVS Pharmacy -. •
TO: HONORABLE CITY COUNCIL 7
FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE: April 12, 2010 CMR:140:10
REPORT TYPE: CONSENT
SUBJECT: Adoption of Two Resolutions to Incorporate a Side .Letter
Agreement with the Palo Alto Peace Officers' Association (PAPOA) to '
Provide a Supplemental Military Leave Benefit to Pay for the
Differential Between Regular Salary and Military Pay to PAPOA
Members Called to Involuntary Active Duty Amending: (1) Section 1601
of the Merit System Rules and Regulations Regarding the 2007-2010
Memorandum of-Agreement and (2) the Compensation Plan for Police
Non-Management Personnel (PAPOA) Adopted by Resolution No. 8779
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached resolutions to incorporate a side
letter agreement with the Palo Alto Peace Officers' Association (PAPOA) to provide a
supplemental military leave benefit for full-time regular police officers who are enlisted in a
Military Reserve Program and are called to involuntary active duty as part of ongoing
military operations prior to June 30, 20 I 0_
BACKGROUND
The City of Palo Alto provides military leave benefits pursuantto the California Military and
Veterans Code, Section 389, et seq_ Pursuant to this Code, the City is required to pay
employees the difference between their military pay and their regular salary for the first 30
calendar days of active military service. Historically, the City has also maintained all
available benefits for reservists on military leave during the first 30 days, although this
additional provision is not required in all cases by state law _ In addition, during past
operations the Council has approved the voluntary continuation of salary and benefits for II
months beyond the 30 day requirement. This extension is expressly authorized by state law.
CMR:140:10 Page 1 of5
Approval of the side letter agreement would allow payment of the salary differential to one
reservist in P APOA who was unexpectedly called to involuntary active duty, but who would
not qualify under existing policies. This agreement is less costly to the City than prior
military leave provisions because it does not include extending benefits or vacation and sick
leave accruals during deployment.
The payment of the salary differential to employees called to active military duty for
extended periods is consistent with the benefits provided by other local agencies. The Police
Chief and Human Resources staff strongly support the continuation of the City's past
practice of providing this salary differential. Particularly during this economic climate, it is
in the interests of the City of Palo Alto and its workforce to ensure that employee reservists
called to duty are able to serve with the knowledge that their families will not lose financial
stability.
DISCUSSION
Currently, the City of Palo Alto has a Supplemental Military Leave Benefit which covers all
employees who enlisted in the Military Reserves prior to February 18,2003 and have been
called to active duty as a result of Operation Iraqi Freedom. This side letter agreement will
allow the City to extend partial benefits of this policy to an employee who is a full-time
police officer and a reservist in the U.S. Coast Guard, and who was unexpectedly deployed to
Iraq on November 9, 2009 for a ten-month tour of duty. This employee does not qualify
under the current policy because his enlistment date was after February 18, 2003. Currently,
this employee is the only active reservist in P APOA. However, it is possible that additional
P APOA members will be eligible for this benefit in the future.
Under the proposed agreement, the salary differential between military pay and the
employee's regular salary may be extended for up to eleven additional months after the first
30 days' pay. Additional pay after the first 30 days is authorized under Military and Veterans
Code Section 395.03. Further, there is a provision in the City's Merit Rules and Regulations
that provides for the City Council to offer supplemental benefits for up to one year "for
reasons the Council, in its sole discretion, considers adequate and in the best interest of the
City." (City of Palo Alto Merit Rules and Regulations, Chapter 8, Section 808.)
Under these provisions, the City is permitted, but not required to offer supplemental pay after
the first 30 days of military deployment. However, the extension of the pay differential for
the full term of deployment has been the long-standing past practice of the City. In 2001,
Council approved extension of salary and benefits to employees called to active duty "in
CMR:140:10 Page 2 of5
recognition of the sacrifices made by employees called to serve their country." (CMR
440:01).
Merit Rule No. 708 simply provides that the City will follow State and Federal law; however,
the past practice of the City has been to provide both extended salary and benefits. Specific
authorization for the extension of pay and benefits has been provided for individual military
operations on a case-by-case basis. In this case, due to the current budget situation, the
Police Chief and P APOA are not requesting an extension of benefits or accruals.
According to State and Federal law, the City must hold the position of any deployed
employee open for a least one year. The police department will backfill this position by
paying overtime when necessary according to past practice when covering other types of
absences such as disability leave, vacation, etc. Backfilling this position will likely result in
minimal overtime costs (approximately SI5,000).
If approved, this side letter agreement would provide the following:
1. The City would pay the differential between an employee's current regular pay (less
accruals) and military pay received by the employee while on active military for nine
months.
2. The City would provide this benefit retroactive to December 1,2009.
RESOURCE IMPACT
There is currently one employee who will benefit from this agreement. At this time, there are
no other PAPOA members enlisted in the Military Reserve programs. This employee is
expected to be on military leave for a total of ten months. As such, under the agreement, the
City will pay the employee nine months of regular salary less nine months of accruals (sick,
vacation and holidays) and less nine months of military pay. Benefits such as health care and
retirement will not be paid.
The City will realize a savings of S79, 062 compared to the budgeted total compensation for
this employee over nine months. Salary will be reduced by military pay ($21,014) and the
employee will not accrue benefits such as vacation, sick time or holidays ($10,723) for nine
months. Finally, the City will not pay for benefits such as medical care, retirement, et al
($47,325). Total savings are calculated as follows:
---....... -~ ---....... -~ ..... -----....... ~.---....... --
CY!R:140:10 Page 3 or5
Total Budgeted Compensation -nine
months
Including salary, accruals, and benefits
Less
Military pay for nine months
Accruals for nine months
Benefits for nine months
Total Reduction (savings)
Net Pay
$ 21,014
10,723
47,325
$ 79,062
$ 120,583
$ 41,521
Savings could potentially be offset by minimal overtime or backfilling the department may be
required to make as a result of the employee's absence (approximately $15,000). Inadditioll,
the savings should be viewed in the context of potentially lower service levels. However, the
Chief of Police states that there will be minimal impact or cost in this case, and those costs
can be recovered by the estimated savings shown above.
POLICY IMPLICATIONS
The Merit Rules require only that the City comply with both State and Federal law, but the
past practice of the City has been to go beyond those minimal requirements. This agreement
provides a continuation of that past practice, but at a reduced financial cost. Any future
expansion of the current policies would require City Council approval.
ENVIRONMENTAL ASSESSMENT
This is not a project under the California Enviromnental Quality Act (CEQA).
ATTACHMENTS
1. Resolution Amending Section 1601 of the Merit System Rules and Regulations
Regarding the 2007-20 I 0 Memorandum of Agreement between the City of Palo Alto
and the Palo Alto Peace Officers' Association, to Provide a Supplemental Military
Leave Benefit for Members Called to Involuntary Active Duty
------........... _ ..... _-----........... -..... --------------
CMR:140:10 Page 4 of5
2. Resolution Amending the 2007-20 I 0 Compensation Plan for Police Non-Management
Personnel (Palo Alto Peace Officers' Association) Adopted by Resolution No. 8779
to Incorporate a Side Letter Agreement to the 2007-20 I 0 Memorandum of Agreement
with the Palo Alto Peace Officers' Association, to Provide a Supplemental Military
Leave Benefit for Members Called to Involuntary Active Duty
3. Side Letter to the 2007-2010 Memorandum of Agreement Between the Palo Alto
Peace Officers' Association and the City of Palo Alto
DEPARTMENT HEAD:
RUSSELL CARLSEN
Director, Human Resources
CITY MANAGER APPROVAL: ---,''-+-~''-'-~"-+---'''F-----
CMR:140:10
JA
Ci
Page 5 of5
**NOT YET APPROVED**
Resolution No. --Resolution of the Council of the City of Palo Alto
Amending Section 1601 of the Merit System Rules and
Regulations Regarding the 2007-2010 Memorandum of
Agreement between the City of Palo Alto and the Palo Alto
Peace Officers' Association, to Provide a Supplemental Military
Leave Benefit for Members Called to Involuntary
Active Duty
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1.
amended to read as follows:
Section 1601 of the Merit System Rules and Regulations is hereby
"1601. Memorandum of agreement incorporated by reference. That certain
memorandum of agreement by and between the City of Palo Alto and Palo Alto
Peace Officers' Association, consisting of a Preamble and Sections I through 50
and Appendix A, for a telm commencing lu1y 1, 2007, and expiring June 30,
2010, as amended to provide a supplemental military leave benefit to pay the
differential between regular salary and military pay to P APOA members called
to involuntary active duty, is hereby incorporated into these Merit System Ru1es
and Regulations by reference as though fully set forth herein. Said
memorandum, as amended, shall apply to all employees in classifications of
police officer trainee, poliee officer, poliee agent, and police sergeant, except
where specifically provided otherwise herein.
In the case of conflict with this chapter and any other provisions of the Merit
System Ru1es and Regulations, this chapter will prevail over such other
p:ovisions as to employees represented by said Palo Alto Peace Officers'
Association."
SECTIO)! 2. The Memorandum of Agreement ("MOA") incorporated into the Merit
System Ru1es and Regulations by Section 1 of this Resolution amends the MOA incorporated into
the Merit Rules by Resolution No.8778 by incorporating the side letter set forth in Exhibit "A,"
attached hereto and incorporated herein by reference.
SECTION 3. The changes provided for in this resolution shall not affect any right
established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this
resolution.
II
II
1/
100202 sh 8261249 1
I I
I **NOT YET APPROVED**
SECTION 4. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED k'ID PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Deputy City Attorney
Director of Administrative Services
Director ofHurnan Resources
lO0202 sh 8261249 2
**NOT YET APPROVED**
EXHmIT "A"
Side Letter to the 2007-2010 Memorandum of Agreement
100202 sh 8261249
SIDE LETTER TO THE 2007·2010
MEMORANDUM OF AGREEMENT BETWEEN
THE PALO ALTO PEACE OFFICERS' ASSOCIATION
AND
THE CITY OF PALO ALTO
WHEREAS, the Council of tire City of Palo Alto values the contributions made
by its employee reservists called to serve their country; and
WHEREAS, it is in the interests of the City of Palo Alto and its workforce to
ensure that employee reservists called to duty are able to serve with the knowledge that
their families will not lose salary; and
WHEREAS, the City of Palo Alto has authorized supplemental military leave pay
for eleven additional months at the time of prior U.S. engagements; and
NOW, THEREFORE, P APOA and the City agree as follows:
Section 1. The following provision is hereby added to the MOA as Appendix
"A" to read as follows:
Appendix" A"
Supplemental Military Leave Benefit
Effective December 1, 2009, any military reservist who is a member of
PAPOA and is called to involuntary active duty prior to June 30, 2010
shall be eligible to receive a supplemental military leave benefit, paid by
the City after the first 30 days of paid military leave, of the differential
between the employee's current regular pay and all military pay received
by the employee while on active military duty for up to eleven additional
months.
Palo Alto Peace Officers' Association City of Palo Alto,
Subject to City Council Approval
BY:~9Jy By: ________ _
Date: ________ _
Approved as to Form:
By: ________ _
100202 ,h 8261248
** NOT YET APPROVED **
Resolution No.
Resolution of the Council of the City of Palo Alto Amending
the 2007-2010 Compensation Plan for Police Non-
Management Personnel (Palo Alto Peace Officers'
Association) Adopted by Resolution No. 8779 to Incorporate
a Side Letter Agreement to the 2007-2010 Memorandum of
Agreement with the Palo Alto Peace Officers' Association, to
Provide a Supplemental Military Leave Benefit for Members
Called to Involuntary Active Duty
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to the provisions of Section 12 of Article III of the
Charter of the City of Palo Alto, the Compensation Plan for Police Non-Management Personnel,
adopted by Resolution No. 8779, is hereby amended to provide a supplemental military leave
benefit to pay the differential betwcen regular salary and military pay to P APOA members ealled
to involuntary active duty as set forth in Exhibit "A", attached hereto and incorporated herein by
reference.
SECTIOK 2. The Director of Administrative Services is authorized to
implement the amended compensation plan 'as set forth in Section 1.
II
II
II
II
II
II
II
II
1/
II
II
II
100202 ,h 8261250 1
** NOT YET APPROVED **
SECTION 3. The Council finds that this is not a project under the California
Environment~ 1 Quality Act and, therefore, no environmental impact assessment is necessary.
P.'ITRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk . Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Administrative Services
Director of Human Resources
100202 sh 8261250 2
** NOT YET APPROVED **
EXHIBIT "A"
Side Letter to the 2007-2010 Memorandum of Agreement
100202 sh 8261250 3
SIDE LETTER TO THE 2007-2010
MEMORANDUM OF AGREEMENT BETWEEN
THE PALO ALTO PEACE OFFICERS' ASSOCIATION
AND
THE CITY OF PALO ALTO
\VHEREAS, the Council of the City of Palo Alto values the contributions made
by its employee reservists called to serve their country; and .
WHEREAS, it is in the interests of the City of Palo Alto and its workforce to
ensure that employee reservists called to duty are able to serve with the knowledge that
their families ""ill not lose salary; and
\VHEREAS, the City of Palo Alto has authorized supplentental military leave pay
for eleven additional months at the time of prior U.S. engagements; and
NOW, THEREFORE, P APOA and the City agree as follows:
Section I. The following provision is hereby added to the MOA as Appendix
"A" to read as follows:
Appendix "A"
Supplemental Military Leave Benefit .
Effective December I, 2009, any military reservist who is a member of
PAPOA and is called to involuntary active duty prior to June 30, 2010
shall be eligible to receive a supplemental military leave benefit, paid by
the City after the first 30 days of paid military leave, of the differential
between the employee's current regular pay and all military pay reeeived
by the employee while on active military duty for up to eleven additional
months.
Palo Alto Peace Officers' Association City of Palo Alto,
Subject to City Council Approval
BY:~\Uy By: _________ _
Date: '-\. -!., 1-0 Date:, _________ _
Approved as to Form:
By: ___ ~. _____ _
100202 sh 8261248
j
1
1
j
TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
City of Palo Alto
City Manager's Report
-,'.-' .. -
HONORABLE CITY COUNCIL . ..
"" .:
CITY MANAGER DEPARTMENT: UTILITIES
APRIL 12, 2010 CMR: 191:10
CONSENT
Approval of Utilities Public Benefit Three-Year Contract with OPOWER,
. Inc. in the Total Amount of $574,083, $213,000 of Which Comes From
Federal Stimulus Funds, for Administration and Delivery of Residential
Home Energy Reports
RECOMMENDATION
Staff recommends that City Council:
I. Approve and authorize the City Manager to execute the attached contract with OPOWER, Inc. for
administration and delivery of residential Home Energy Reports.
EXECUTIVE SUMMARY -
. TIle Energy Efficiency Community Block Grant (EECBG) program was created by Congress in 2007 and
was funded for the first time by the American Recovery and Reiief Act (ARRA) with an appropriation of
$3.2 billion. On March 26, 2009, the City of Palo Alto was determined to be eligible to receive up to
$663,000. The funds were received on October 27, 2009 for two demonstration projects as approved in
the EECBG application: the early replacement of High Pressure Sodium (BPS) siI'eet lights on selected
streets with Light Emitting Diode (LED) streetlights and the implementation of a Home Energy Report
for residential customers. The EECBG funds allocated to the LED Streetlight Project and the Home
Energy Report pi-oject are $450,000 and $213,000, respectively.
Under the Home Energy Report project, six quarterly Home Energy Reports will be sent to City of Palo
Alto Utilities residential customers. The first report will be sent with a letter introducing residential
customers to the project and offering them the chance to continue participating or to opt out. If residents
opt to participate, the Home Energy Reports they receive will compare their home energy usage to the .
average energy used. by a similar borne, and to the average energy used by the most efficient similarly
sized borne in a comparison group. Energy usage data. for individual bomes in the comparison gi'oup will
not be ·repOlted, to protect customer pl1vacy.
The first report and introductory letter will be sent to all residential customers, and futnre reports will only
be sent to customers who did not opt out. Report data will also be available on a website for customer
access via secure log-in. Water and greenhouse gas information are planned to be added at a futnre date.
The cost of the project is $574,083 for project development and then two years of report delivery
($74,083 setnp .and $250,000 per year). .
BACKGROUND
The Long-term Electric Acquisition Plan (LEAP) objectives and guidelines set the direction for planning
and managing the electric suppli portfolio, including the use of cost-effective efficiency as energy
. resources. Cowlcil approved tbe LEAP Objectives and Guidelines in 2001 and 2002 (CMR:425:01 and
CMR:398:02). Staff updates the Council on progress in implementing LEAP. The LEAP implementation
tasks were most recently updated in March 2007 (CMR: 158:07). In addition, 'the City's Ten-Year Energy
CMR: 191:10 Page 1 of4
I Efficiency Portfolio Plan, approved by Council in Apri12007 (CMR:2 I 6:07) identifies and sets high goals
for gas and electric conservation !Old efficiency programs. An update of this Plan will come to Council in
May 20 I 0 and also recommends large efficiency gains. .
Home Energy Reports are issued by a variel;y of utilities, lncbiding the Saer!ll11ento Municipal Utility
District (SMUD). These utilities have done comparative research on energy usage by customers who
receive or do not receive the reports and have documented that customers who receive the reports reduced
energy usage on average by about one to three percent. The Federal Government, including the President,
has also expressed interest in these reports .as ways of encouraging energy conservation and efficiency.
The Energy Efficiency Community Block Grant (EECBG) program, created by Congress in 2007 and
funded by the· American Recovery and Relief Act (ARRA) with an appropriation of $3.2 billion.,
administered by the U.S. Department of Energy (DOE), provides federal grants to units of local
.government, Indian tribes, states !Old territories to reduce energy use aud fossil fuel emissions, and for
improvements in energy efficiency. .
. On March 26, 2009, DOE allnounced 1I1e EECBG formnla grant allocations, and the City of Palo Alto
was detennined to be eligible to receive up to $663,000. The Cil;y of Palo Alto received ftmds on October
27, 2009 for two projects. The two demonstration prqjects approved in the EECEG application include
1I1e early replacement of High Pressure Sodium (lIPS) street lights on selected streets with Light Emitting .
Diode (LED) streetlights, and the implementation of a Home Energy Report for residential customers.
The EECBG funds allocated to the LED Streetlight Project and the Home Energy Report project are
$450,000 and $213,000 respectively,
DISCUSSION
In October 2009, the Cil;y issued a Request for Proposals (RFP) seeking responses from organizations
interested in providing the home energy reports. An evaluation committee of CPAU staff members
reviewed 1I1e firms' qualifications and submittals in response to 1I1e criteria identified in the RFP. The
committee evaluated the firms based on six main criteria consisting of qualil;y of service proposed, cost,
location of the vendor, qualifications of the consultant, experience, and the financial capabiJil;y of the
company to deliver 1I1e services requested in the Request for Proposal. Of the two responses received,
OPOWER's was ranked first primarily due to the company's extensive experience ill implementing Home
Energy Reports for utilities.
SummarY of Solicitation Process
Proposal DescriptionINumber Home Energy Report, RFP Number 134341
Proposed Length ofP'Qject I Up to 5 Years i
Number of Proposals 'Received: : Two
Company Name Location (City, Program Description Points Out of
State) SOOP .... il>l.
1. OPOWER ~~!!ll!0nLYA __ .. Produce I) quarterly Home Energy 402 I-,----~-.--... --.-.. ---$574,083 for project Reports to residents comparing electric development and and natural gas usage with similar Comparable
Proposal Amount Submitted then two years of homes. Delivered by mail and on web· product
report delivery years site. Water and greenhouse gas to be delivered at
($74,083 setup and 20+ utilities
$250 000 per year) added at a future date.
2. Ennovatianz M~!!!!.tail} V~'!.'".g.!L Develop product to deliver 2 residential 238 . ._ .. _ .... _--_ .. __ ... __ ._.-... _. __ ._---
: reports on energy usage or 5 a borne No product yet
Proposal Amount Submitted $198,000 for one . energy/water audits and small developed and year : commercial benclunarking no experience • dlltll\)aselreports.
OPOWER was selected for this project due to expertise wi1l1 delivery of similar programs at a variety of
01l1er municipally and investor owned utilities, inCluding SMUD mentioned in the background.
CMR: 191:10 Page 2 of 4
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The project will be complete;i as follows:
Task 1: Deploy tachllicallnfrastructure
OPOWER will install and configure all necessary hardware, software and network infrastructure for the
delivary of the Home Energy Reports and OPOWER Custoiner Portal in conjunction with City of Palo
Alto's (CPA) IT Department. OPOWER will host servers on a secure site.
Task 2: Select pilot regions agd acquire 31'4 party data
OPOWER will perform historical energy usage, demographic and geographic research, in conjunction
with CPAU, to identity the regions of CPAU's territory best suited to deploy the pilot program. Zip
codes, city, and county boundaries will be considered so as to optimize data coverage and ensure speedy
deployment .. Data bases researched for this data will be from public sources such as census records.
Task 3: Design optimization, segmentation and targeting plan
OPOWER will work with CP AU to optimize targeting of rebates programs and energy water saving
recommendations. Key metrics, ·such as internal and external cost per acquisition, will be used to improve
this targeting effort where possible. OPOWER will use energy, housing, and demographic data and
available past utility program participation data. to design a multi-dimensional segmentation plan based
on:
o Energy consumption patterns (e.g. normalized high seasonal peak, high base load, etc.).
No individual customer information will be available Of identified. Customers will only
be able to eompare their own data against an average sample.
o Publicly available bousing data (e.g. age of house, size of house, value of home, type of
constructil)n, presence of a pool, preSence of a garage).
o Past program participation & rebate redemption (e.g. ENERGY STAR® rated appliarice
and other rebates; rate assistance programs, etc.), wben available; and
o Publicly available demographic data (e.g. renter vs. bomeowner, presence of children in
the household, indicators of interest in environmental issues, age of customer, duration of
residence, socioeconomic/income levels, as available).
Task 4: Integration of prggram rnaWtlng for Home Energy Reports and OPOWER Customer
Portal.
OPOWERwill work with CPAU to target rebates, programs, and recommendations in the Home Energy
Reports and through the OPOWER Consumer Portal. Updates to marketing materials will be
implemented as needed. Rebates recommendations will be targered to customers based· on individual
usage patterns. All residential customers will receive a first letter introducing them to the Program and
offering them the option to opt out of future reports. Customers must lpg-on to the portal to achieve the
benefits of this program. '
Task 5: Deploy OPOWIR CSRPortal
OPOWER will provide its customer web portal to support the Home Energy Reports and conduct on-site
trairdng of customer service staff on using this interface.
Task 6: Implement Aut9Jllllted Data Transfer
OPOWER and CPAU will jointly develop, implement, and finalize a protocol for regular, secure transfer
of data from CPAU to OPOWER in 'a mutually agreed upon format(s). OPOWER will maintain data
confidentiality and will use sample averages in comparison with individual customer billing histories, It .
is expected that transfers will come from the two CPAU billing Systems (Banner for inforination previous
to May 2009 and SAP for information from May 2009). Program participation rates will come from
Excel and Access databases.
CMR: 191:10 Page 3 of4
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Task 7; Inte!!rate Utility data streams and Dlm.late Insight Engine
The Insight Engine is the back-end data services and anaIytics engine that powers OPOWER's customer
facing applications, including both the online and offline components of the Home Energy Reporting
System, for all OPOWER. clients. OPOWER will integrate data received from CPAU with third party data
and populate the Insight Engine.
RESOURCE IMPACT
The cost of the project is $574,083 for project development and then two Years of report delivery
($74,083 setup and $250,000 per year). $213,000 will be funded by the federal stimulus funds (ARRA)
and the remaining $361,083 will be funded by tbe Public Benefit program areas in both the Electric and
Gas Funds Alternate Resources Supply Funds. Contract funding for initial setup is includad in the FY
09110 Electric and Gas Fund budgets for Public Benefit Programs. Funds for subsequent years will be
subj eet to appropriation qf funds in subsequent budgets. Contract costs will" include program
development, implementation, and some energy incentives payments.
POLICY IMPLICATIONS
The proposed contracts support the Council-approved Gas Utility Long-Term Plan, the Ten-year Energy
Efficiency Portfolio Plan, the Long-term Electric Acquisition Plan, and Comprehensive Plan Goal N-9.
Implementation of efficiency programs support greenhouse gas reduction goals identified in the Palo Aho
Climate Protection Plan and in the California-Global Warming Solutions Act of 2006 (AD 32).
ENVIRONHENTALREVIEW
The provision of these services do not constitute a project pursuant to Section 21065 of the California
Public Resources Code, thus no environmental review under CEQA is required.
AlTACBMENT
A. Contract
PREPARED BY:
REVIEWED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CMR: 191:10
~ \l • l\ ~OYCE KINNEAR r Utility Marketing Services Manager
TOM AUZENNE
Page 4 of 4
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO.: CI0134341
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
OPOWER, INC.
FOR PROFESSIONAL S.ERVICF13
. HOME ENERGY REPORTS
This AGREEMENT is entered into on this 3rd day of May, 2010, by and between the
CITY OF P ALO ALTO, a California chartered municipal corporation ("CITY"), and OPOWER,
INC., a Delaware corporation, located at 1515 North Courthouse Road, Suite 610, Arlington, VA
22201 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A· CITY intends to provide Home Utility Usage Reports for residential customers to identify
energy and water savings ("Project',) and desires to engage a consultant to configure, design and
implement a program in connection with the Project ("Services'').
B. CONSULT ANT 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, tenns, and conditions, this
Agreement. the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exlubit "A" in accordance with the tenns and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
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 as Exhibit "B" unless temrinated .
earlier pursuant to Section 19 of this Agreement.
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Rev. September 2009
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSUL rANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Five Hundred Seventy Four
Thousand Eighty Three Dollars ($574,083).
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 in Exhibit "An.
SECTION S. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY deacribing the services performed and the applicable charges (including an
identification of persOlUlel who performed the services, hours worked, hourlyrates, and reimbursable
expenses). based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). 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 sha1l
send all invoices to the City's project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt Notwithstanding the
foregoing, half the annual license fees listed in Exhibit "C" shall be due and payable upon execution
of this Agreement.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. Ail of the Services shall be
perfonned 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 sllfficient skill and expcrience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifpernutted,
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
cireumstences.
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SECTION 7. COMPLIANCE WITH LAWS. CONSULT ANT shall keep itselfinfonned of and
in compli\l.Dce 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 perfonn
Services under this Agreement. CONSutTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the perfonnance of the Services,
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT, If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all crrors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10"10)
. of the CITY's stated construetion budget, CONSULTANT shaJl make recommendations to the 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 byor contracted with
CONSULTANT to furnish labor andlor materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY,
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations forthis Agreement CONSULTANT sha1l not assign or
transfer any interest in this Agreement nor theperfonnance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void,
SECTION 12. SUBCOt'l'TRACTING.
Notwithstanding Section 11 above, CITY agrees that subcontractors, including third-party service
providers, may be used to complete the Services. The subcontractors initially authorized by CITY to
perform work on this Project are those used by CONSULTANT in its nonnal course of business,
including, but not limited to, those performing printing, mailing, dsta storage an~ other data services.
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. CONSULT ANT shall be fully responsible to CITY fur 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.
)
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SECTION 13. PROJECT MANAGEMENT. CONSULTANTwlllassignChrisPattonasthe
Client Solution Manager to have supervisory responsibility for the performance, progress, and
execution of the Services to represent CONSULTANT during the day-to-day work on the Proj ed. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason: the appointment of a substitute proj ect <lirector and the assignment of any
key new or replacement personnel will be subject to the prior written approval of the CITY's proj ect
manager. CONSULTANT, at CITY's request, shall promptly removcpersonnel 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.
The City's project manager is Joyce Kinnear, Utilities Department, Marketing Services Division, 250
Harniltnn Avenue, Palo Alto, CA 94303, Telephone: (650)329-2652. The project manager will be
CONSULT ANT's point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTIeN 14. OWNERSmp OF MATERIALS. Refer to Exhibit "En for complete terms and
conditions of OPOWER Licensing Agreement.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at anyreasonabletimcdoring
the term oftbis Agreement and for three (3) years thereafter, CONSULTM'T's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnifY, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Jndennrified 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 coats
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of orin any manner related to performance ornonperforrnance
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. Notwithatanding the above, nothing in tbis Section 16 shall be construed to
require CONSULTANT to indemnity an Jndenmified 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 anyhreach or violation of any covenant,
term, condition or provi sion of this Agreement, or of the provisions of any ordinance or law, will not
be deemed In be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
~
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any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
I S.l. 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.
IB.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:Vn or higher which are licensed or authorized to
transact insurance business in thc State ofCalifomia. 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.
IB.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 mndification,
CONSULT ANT shall be responsible for ensUring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
IB.4. The procUring of such required poliey or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement Notwithstsnding the policy or policies of insurance, CONSULT ANT 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 teon 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 teoninate this Agreement, with or without cause, by giving ten (1 0) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Serviees by giving thirty (30) days prior written notice thereof to CITY, but only in thc event of a
substsntial failure of perforrnanee 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
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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, CONSULT ANT will be paid
forthe 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 temrination; provided,
however, if this Agreement is suspended or tenninated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULT ANT'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 hislher discretion .
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 herermder 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. CONSULTANT
certifies that no person who has or will havc any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Govermnent.Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT isa "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Cormnission, CONSULTANT
shall be required and agrees to filc the appropriate fmancial 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
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2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, natiornU origin. ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. The City of Palo Alto
is a green business and works to purchase and provide products in an environmentally sustainable
manner. CONSULTANT will use production methods that reduce waste and enviromnentallytoxic
products, as well as have less packaging. CONSULTANT will adhere to the standard that printed
materials will be, at a minimmn, printed on 30% post consumer recycled paper with vegetable based
ink. The designer will check with the project manager to discuss the maximmn recycled content
paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process
free" is preferred. CONSULTAt"\lT will use methods that reduce energy use and thus the carbon
footprint for the development, production and delivery of products. CONSULT ANT shall adhere to
. the City's Enviromnentally Preferred Purchasing policies as may be amended from time to time.
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of the State of California.
24.2 .. 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.
24.3. 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.
24.4. 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 instrmnent, which is signed by the parties.
24.5. 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.
24.6. If a court of competent jurisdiction fmds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
24.7. 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 incorporsted in this Agreement and will be
deemed to be a part of this Agreement.
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24.8. 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 tenninate 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 24.8 shall take .
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.9. 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.
24.10 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal infonnation 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 beyond the scope of services attached in Exhibit "A" without City's express written
COllSent.
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 or Designee
APPROVED AS TO FORM:
~-..... ~--=--:------Senior Ass!. City Attorney
Attschments:
EXHIBIT "A": .
EXHIBIT "B":
EXHffiIT "C":
EXHIBIT "D";
EXHffiIT"E":
SCOPE OF WORK.
SCHEDULE OF PERFORMANCE
COMPENSATION
INSURANCE REQUIREMENTS
LICENSE AGREEMENT
Ptofess'iooa! Services
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EXHIBIT "A"
SCOPE OF SERVICES
PHASE 1 A: INFRASTRUCTURE AND PRODUCT CUSTOMlZATlON
Task 1 i Deploy tecbnical infrastructure
OPOWER shall install and configure all necessary hardware, software and network infrastrUctnre
fur the delivery of the Home Energy Reports and OPOWER Customer Portal in conjunction with
City of Palo Alto's (CPA) IT Department. .
Task I Details:
In coordination with CPA's IT Department, OPOWER shall set up and configure the t!lChnical
infrastructure: '
• Requisition and conflgUre OPOWER servers.
• Install and configure required underlying software (e.g. database server, application server,
web server, etc)
• Install and configure multi-layered backup system
• ·Extend and secure networking topology.
Harden networked servers and implement operations processes and access controls
• All servers will hosted be on OPOWER's server network and no servers will be hosted on
CPA systems
Task 1 DeJiyerables:
• Fully deployed hardware and software infrastructure ready for program launch
Task 2: Select pilot regions and acquire 3'" party data
OPOWER shall pcrfonn historical energy usage, demographic and geographic research, in
co~unction with CPAU" to identify the regions ofCPAU's territory best suited to daploYthe
pilot program. Zip codes, city, and county boundaries will be considered so as to optimize data
coverage and ensure speedy deployment.
Task 2 Details:
OPOWER shall identify program regions:
• CP AU has approximately 25,000 Electric residential customers. The initial plan is for
approximately 25,000 customers to receive duel fuel (electricity and gas), paper Home
Energy Reports (HER) and the OPOWER Consumer Portal website. Control groups will
also be established for each type of customer, through a synthetic control group or other
standard M & V methodology. The final split will be agreed to based upon program goals
and by mutual consent.
• Analyze demographic, geographic, and local data coverage rates to select optimal regions fur
the program.
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• Acquire housing data from 3nl party providers and county assessor offices in pilot region
• Acquire demographic data from 3rd party providers for pilot region
• Extend geocoding licenses to selected areas
Task 2 Deliverables:
• Selected pilot regions with accompanying 3rd party data sample.
Task 3: Design optimization, segmentation and targeting IIlan.
OPOWER shall develop an analytically grounded segmentation plan to optimize targeting of
Utility programs and recommendations.
Task 3 Details:
OPOWER and CP AU shall:
• Compile available analysis of previous marketing campaigns used to market CPAU
rebates, programs and energy/water saving recommendations. Where possible, key
metrics, such as internal and external cost per acquisition, will be provided to better
inform targeting efforts.
OPOWER shall:
• Use energy, housing, and demographic data and available past program participation data
to design a multi-dimensional segmentation plan of Designated Customers based on:
o Energy consumption patterns (e.g. normalized high seasonal peak, high base load,
etc.)
o Housing data (e.g. age of house, size of house, value of home, type of
construction, presence of a pool, presence of a garage)
o Past program participation & rebate redemption (e.g. ENERGY STAR appliance
and other rebates; rate assistance programs, etc ), when available
o Demographic data (e.g. renter vs. homeowner, presence of children in the
household, indicators of interest in environmental issues, age of customer, duration
of residence, socioeconomic/income levels, as available)
• Identity high-potential prospects for program marketing by profiling historical
participants and available historical marketing campaign results.
Task 3 Dcliverables:
• Designated Customer segmentation and targeting plan summary.
Task 4: Integration of prow am marketing for Home Energy Reports and OPOWER
Customer Portal.
OPOWER shaH work with CPAU to target CPAU rebates, prognuns, and recommendations in
the Home Energy Reports and through the OPOWER Consumer Portal. Updates to these
marketing materials will be iroplemented as nccded.
Ta.k 4 Details:
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OPOWER and CPAU shall:
• Compile a comprehensive list of rebates, programs, and recommendations for inclusion in
the Home Energy Reports and the OPOWER Customer Portal.
OPOWER shall:
• Brand the Home Energy Reports and OPOWER Consumer Portal with the CP AU logo
according to CPAU's branding style guide.
• Integrate CPAU,s rebates, programs, and recommendations into OPOWER'g offer and tip
database fur presentation on the Home Energy Reports and OPOWER Consumer Portal.
• Update rebates, programs, and recommendations, as needed, by material changes in
program structure or availability of program funds.
Task 4 Deliverables:
• Sample Home Energy Re:t:iort branded with the CPAU logo, according to CPAU's style
guide.
• OPOWER Consumer Portal branded with the CP AU logo, according to CP AU's style
guide. CPAU marketing materials and efficiency programs integrated and formatted for
use in OPOWER's Action Steps database.
• Periodic updates of marketed CP AU efficiency programs and campaigns as required.
PHASE I D: PRODUCT INTEGRATION AND CUSTOMJZA110N
Tasks in Phase m will need to occur in parallel with Phase IA, as they often require greater time
for completion.
Task 5; DeplOY OPOWER CSR Portal
OPOWER shall provide its OPOWER CSR Portal to support the Home Energy Reporting
System, and conduct on-site training of customer service staff on using this interface.:
Task 5 Details:
OPOWER shall:
.Create and permission password-protected accounts for customer service representatives
and customer service managers. OPOWER shan not be providing customer sqvice
representatives for this program, as they will be provided by CP AU's Utility Marketing
Services and Customer Service Representative staff.
.Conduct eight-hours of on-site training session.
Task 5 Deliverables:
.Configured and deployed OPOWER CSR Portal
.Onsite training day (8 hours).
Task 6: Implement Automated Data Transfer
OPOWER and CPAU shall jointly develop, implement. and fmalize a protocol for regular, secure
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transfer of data from CPAU to OPOWER in a mutually agreed upon format(8). It is expected
that tdlllsfers will come from the two CP AU billing Systems (Banner for infurmation previous to
May 2009 and SAP for information from May 2009). In addition, program participation rates
will come from Excel and Access databases. .
Task 6 Details:
• Establish secure, firewalled connection (e.g., sftp, ssh) between OPOWER servers and CPAU
data center for secure transmission of data.
OPOWER and Utility shall jointly develop data transfer protocols:
• Develop the list of data elements owned by CP AU (e.g., electricity usage and billing data,
gas u,sage and billing data, energy efficiency program participation) and mutually agreed
upon data funnats for each to be used in the project implementation. Transfer protocols
will need to be developed for data coming from both the electricity and the gas
infonnation systems.
• Establish a process for the initial transfer of historical data from CPAU to OPOWER. The
expected data transfer will include 12+ months of energy usage data (back to January I,
2009, as available) and customer identifYing data (address, account #, etc) for the
customers from which Designated Customers, neighbors and control groups will be
developed. OPOWER shall follow CP AU's confidentiality requirements fur customer
data and will sign a non-disclosure form. OPOWER shall notify CP AU immediately if
any leak of customer data is suspected, so that all customers may be immediately
notified.
• Establish an ongoing process for energy usage updates for the selected groups of
Designated Customers and customers in the neighbor and control groups:
• Establish an ongoing process for notification of all new Customers and all Customers that
have ended their relationship with CP AU.
Task 6 Deliverables:
Task 6A Deliverables: Electricity deployment
• Establish secure, firewalled connection (e.g., sftp, ssh) between OPOWER servers and
City of Palo Alto data center for.secure transmission of electricity data, in coordination
with the CPA IT group.
• OPOWER receives initial historical energy data and other agreed upon data elements via
established, secure connection.
• OPOWER and Utility establish a sehedule for ongoing automated data update processes
. for new, continuing, and departing Customers.
Task 6B Deliverables: Gas deployment
• Establish secure, firewalled connection (e.g., sftp, 5sh) between OPOWER servers and
City of Palo Alto data center fur secure transmission of gas data, in coordination with the
CPAUIT group.
• OPOWER receives initial historical energy data and other agreed upon data elements via
established, secure connection.
OPOWER and Utility establish a schedule for ongoing automated data update processes
Prflfessional Sen-ices
Rev_September 2009
IICc-tella\;baredlASD\PURCHlSOLlClTA T10NSlCURRENT BUYER.cM FOLDljRSlUTJUTIES -CAROLYNN\RFP,\J34341 Heme Energy
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for new, continuing, and departing Customers.
Task 7: Intel!rate Utility data streams and populate Insight Engine
The Insight Engine is the back-encl clata services ancl analytics engine that powers OPOWER's
customer facing applications, including both the online and offline components of the Home
Energy Reporting System, for all OPOWER clients. OPOWER will integrate data received from
CP AU with third party data and populate the Insight Engine database by performing the
following steps.
Task 7 Details:
OPOWER shall:
• Define and author clata transform layer for initial and ongoing meter data from Utility.
• Parse and load initial account infurmation and meter read data, and additional data provided
by Utility in accorclance with Task 6.
• Parse and load available third-party clata (e.g. housing data, demographic clata) sourced by
OPOWER in Task 2.
• Match data, ensuring accurate combination of initial and ongoing Customer and 3r<l -party
clata through the unique customer identifier from your system, and for the 3r<l party data
through rigorous name and address matching to append those data to your customer data.
• Standardize all addresses to USPS standards for geo-coding and mailing purposes.
• Geo-code all addresses to establish longitude and latitude coordinates for each premise.
• Initiate 'ongoing normative calculations to determine and regularly update neighbor and
efficient neighbor calculations for each Customer.
Task 7 Deliverables:
Task 7 A Deliverables: Electricity deployment
• Insight Engine with loaded and matched historic and ongoing energy data, housing, and
demographic data for all Customers.
• Geo-codes and normative calculations for all Customers loaded in the Insight Engine.
Task 7B Deliverables: Gas deployment
• Insight Engine with loaded and matched historic and ongoing energy data, housing, and
demographic data for all Customers.
• Goo-codes and normative calculations for all Customers loaded in the Insight Engine.
Task 8: Final selection of Designated Customers
OPOWER shall analyze the integrated clata resulting from Task 7 ancl provicle statistics and
insights nccessary to enable the final selection of the test and control groups for the program.
Task 8 Details:
• Working in conjunction with CP AU, OPOWER may randomly partition the customers in
Profesliional Services
Rev. September 2009-
IICc-terra"haredIASDIPURCHlSOUCITATIONSICURRENT BUYER·CM FOLDERSIUTILlTIES • CAROLYNl'iIRFP,\134341 HOOl' Energy
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the selected pilot regions into test and control, selecting an exact set of customers from
the pilot regions identified in Task 2. The final test group selection will comprise the
Designated Customers. A potential option fur control groups is tocornpare CPAU
customer data with thst of a synthetic control or other standerd M & V methodology.
• The selection of the Designated Customers must meet OPOWER's technical eligibility
requirements for available data and "neighbor" selection. Such eligibility requirements
shall be shared with and agreed to by CPAU in writing prior to implementation, via a data
requirements document.
Task S DeliYerables:
Task SA Deliverables: Electric deployment
• Final selection of Designated Customers and control group for the program implementation.
Task 8B Deliverables: Gas deployment
• Final selection of Designated Customers and control group for the program implementation.
PHASE II: IMPLEMENTATION
Task 9: Implement Home Energy Reports Program
OPOWER shall deliver the Home Energy Reports to CP AU Designated Customers through an
opt-out program. OPOWER shall make the OPOWER Customer Portal.3vailable to CPAU
Designated Customers.
Task9De~s:
.Designated Customers will receive oftline Home Energy Reports 10 reports, on average, for
an initial period 0[20 months, with 12-month extensions subject to mutual signed
agreement by Utility and OPOWER .
.Accompanying the first months' mailing will be an introductory insert explaining the nature
of the program, its duration, and the options for learning more or opting out.
-Home Energy Reports shall be delivered at an average frequency of no fewer than six
reports per Designated Customer per year .
• The OPOWER Customer Portal will be available to Designated Customers throughout the
initial term of the program.
CP AU customer service staff will be able to opt-out Designated Customers who call in and
request to no longer receive the Home Energy Reports:
,Optional: Only upon CP AU's review and approval, OPOWER may source and include 3rt!
party offers and coupons in the Home Energy Reports to increase their effectiveness and
ability to be acted upon.
Task 9 Deliverables:
• Deliveryofan average often (10) reports per year per Designated Customer fur 20 months.
Over the program duration, 250,000 paper reports will be delivered to CPAU Designated
Customers.
Professional Services
Rev. September 2009
IlC<:-terralsharcd\ASDIPURCH\<tOLICITATKlNSICURRENT BUYER·CM FOLDERSIUTILITIES • CAROL YNN\RFPs\134341 Hane Energy
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Task 10: Deploy Home Energy Reporting Website
OPOWER shall make available the OPOWER Customer Portal to all Designated Customers.
Task 10 Details;
• OPOWER shall work with CPAU to "private-label" the website, branding it with CPAU's
logo, according to CPAU's style guide.
• OPOWER shall work closely with CPAU to set up a mutually agreed upon authentication
process to ailow Designated Customers access to their energy infonnation online. Such
authentication process will include a method to provide Designated Customers with secure
and easy access to their infonnation through the website.
• OPOWER shall host and maintain the website, which is integral to the Home Energy
Reporting System, which in tum is integrated with the Insight Engine, both also hosted and
maintained by OPOWER only after approval by CPA's IT group.
Task 10 DeliYerables:
• Contractor shall make available the OPOWER Customer Portal to all Designated
Customers for a period of twelve (12) months.
PHASE III: MEASUREMENT AND VERIFICATION
Task 11: Measnre and Report on Conservation. Efficiency and Program Participation
OPOWER shall provide annual reports, thirteen months from the date of the first mailing of
Home Energy Reports and every twelve months thereafter or until this Agreement is terminated
in electronic fonnat to verify program accomplishments (the "Program Reports").
Task 11 Details:
Program Reports shall include:
o Analysis of change in electric consumption among Designated Customers
compared to the established control group and to their historic consumption.
Analysis shall include breakdown of program impact by segments, subject to
sufficient data sets and mntual consent. Such segments may include analysis by:
• Heat type (electric or gas)
• Designated Customer investment likelihood (a combined measure of
wealth, home ownership, etc)
• Energy profile (high summer peak, low summer peak, etc)
• Year over year analysis of energy usage
o Final output includes overall analysis of savings impact of Reports and cost of
Reports to customer and to CP AU (per customer and total for time period).
OPOWER shall provide all assumptions and factors used in the calculation of
energy and cost savings for Utility internal verification purposes.
Professional Services
Rev. September 2009
IICc-termls]llll1,dIASDIPURCHISOUClTA TIONSICURRENT BUYER-CM FOLDERSIUTILITlES -CAROL YNNIRI'P,I134341Hunc &''''&Y
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o Response rates for trackable actions taken by Designated Customers and for
program participation rates for which data is provided to OPOWER, including
rebate redemptions and other efficiency and conservation programs tracked at the
household level. OPOWER shall measure the incremental response rates and
aggregate program participation attribution rates for Designated Customers
compared to the control group.
Task 11 Deliverable:
• Delivery of annual Program Reports
PHASE IV: OPTIMIZATION AND EXPANSION (Optional)
TIISk 12: Optimize expansion and selection of new Designated Customers based on
learnings from PHASES I -m.
At the end of the first year and any subsequent years as agreed to by Utility and OPOWER,
OPOWBR shall analyze the results from DELlVERABLES II and m and provide
recommendations about how to optimize the expansion of the Home Energy Reporting System
among CPAU's customers. Among these options will be the addition of water and greenhouse
g!!S emission data onto the reports, which will be priced separately at that time.
Task 12 Details:
• Working in conjunction with CPAU, OPOWER shall identify the priorities subject to
CPAU's approval, for expansion and select a set of households that is optimized to
increase the efficacy of the program and to increase and explore learnings from the
ongoing implementation.
• If desired by CPAU, OPOWER and CPAU will together select additional Designated
Customers or some other number of Designated Customers as determined by CP AU, and
an accompanying control group.
• Customers must meet OPOWBR's technieal eligibility requirements for available data
and neighbor selection, as provided to CPAU.
• The froquency of Home Energy Report delivery to different sub-segments of the
Designated Population as determined in Task 5 above shall be reconsidered and
optimized and this frequency shall be established by amendment to this Statement of
Work, with an accompanying amendment to the budget, lIS appropriate.
Task 12 Deliverables:
Selection of Designated Customers and control group for the program expansion.
Professional Services
Rev. September 2009
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Repor\sIFlNAL.CONTRACT.doc
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 ofreceipt of the .
notice to proceed .
.,Mi .. · .. les""t""on"'e""s'---___ ~ ..... _~. _______ ...;C .. o!l!m!!,p""l""eti",' Omn
1. Finalize Look of HER's
2. OPOWER Portal Set-up
3. First Reports Sent
4. Second Reports Sent
5. Third Reports Sent
6. Fourth Reports Sent
7. Fifth Reports Sent
8. Sixth Reports Sent
9. Program Year Two; First Reports
to. Program Year Two; Second Reports
11. Program Year Two; Third Reports
12. Program Year Two; Fourth Reports
Estimated by July 1, 20to
Estimated July 1,2010; maybe later if
CP AU is late in delivering required data.
Within 60 days of Portal Set-up
Within 60 days of First Reports
Within 60 days of Second Reports
Within 60 days of Third Reports
Within 60 days of Fourth Reports
Within 60 days of Fifth Reports
Twelvc Montbs after First Reports (60 days
after Sixth Reports)
Within 60 Days of Second Year; First
. Reports
Witbin 60 Days of Second Year; Second
Reports
Within 60 Days of Second Year; Third
Reports
Professional Services
Rev. September 2009
IICc-teml,haredIASD'J>URCHlSOLICITATiONSICURRBNT BUYER-GM FOIDERSIUTIUTIES· CAROLYNNIRPP,1134341 Hane Energy
Report,lFlNALCONTRACT.doc
EXHffiIT "C"
COMPENSATION
, The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions ofthis Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the not to exceed budget amount
for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
descnlled in ExhIllit "An ("Basic Services") and reimbursable expenses shall not exceed
$574,083. CONSULTANT agrees to complete all Basic Services;inc1uding reimbursable
expenses, within this amount. Any work performed or expenses incurred for which payment
would result in a total exceeding the rruiximmn amount of compensation set forthherein shall
be at no cost to the CITY.
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, does not exceed $574,083.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Maximum Total Compensation $574,083
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 reiinbursed are: $10,000.
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subj eet 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 cellular phone, 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 $500.00 shall be approved in advance by the CITY's
project manager.
Professional Services
RIw. Seplembcf 2009
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ReportsIFlNALCONTRACT.doc
1 j
ORDER # 1'--_---'
OPOWER
APPLICATION SERVICE AGREEMENT
ORDER
The following products are licensed under the tenus and conditions specified in the Application
Service Provider Agreement (the "Agreement'1 between OPOWER and CP AU dated
as well as the additional tenus and conditions set forth in this Order: ----
OPOWER Proprietary Home Energy Reporting System Suite Software:
: OPOWER Portal URL: www.citvofualoalto.orglenenMejlOrl (exact URL TBD)
..
4 Month Implementation
Access Term: 20 months of reporting and web access from: 7/1/10-2/30/12 (exact
datesTBD)
X Printed and Mailed Home Energy Reports
Included Features: X OPOWER Portal
X OPOWER eSR Portal
X Program Reports
I
I Training Time & Expenses 1 eight hour training day with OPOWER trainer and training
! Included: materials included
Fees and Payments:
1. Service Fees
Home
,
!
I
$75,000 set-up fee initial Upon
26,2010
of the Agreement, estimated April
25,000 Designated Customero.
license fee per Designated
Customer per year.
$62,500, half of which is due at Execution ofthe Agreement,
estimated April 26, 2010
$62,500 due at First Reports Sent (FRS), July 1, 2010
due
Professional Services
Rev. s.prembei 2009
I\C<H"rmlsh ... dIASDIPURClI\SOUCITATIONSICURRENT BUYER-CM FOI.DERSIUTIUTIES -CAROL YNNIRFPs1134341 H«ne Energy
R"""",iFlNALCONTRACTdoc
-.. -.-.. --.----.-..... -.--------r (proratedfor-S·M;;;'ths ).--... --... --.-.-----.-.... -.-.----.---.]
_ .... __ ... _ .. __ .... _____ l __ . ___ .. _____ ._ .. _______ ._._._. __ . __ .
OPOWER Portal ... -----------------------.. -........ ------.---.--~-~.---.-~-... -----.--.---.---$25,000 Set-up Fee Waived
$l.sOii;';"se-fee-per D~~ig;;t;d-----$37,500 due at FRS:-eiti;-;.t~d Jiily T; 2()10--·-·-·····----·---·-
Customer per year
$25,000 due beginning of Program Year 2, estimated July 1,2011 I (prorated for 8 Months)
'-............... --.---.-*" .. * •• ------~.--~---I.--.-------~--.-----.-.. -. ___ . ____ . __________ .... ~ ___ . ____ _
1. Service Fees
Service Fee Payment Terms
I Home Energy Reports
I ~~~~~:n~~~ ::r:~~d 1~~~R;POrts S~nt-(';FRS'1;----··-·-·------
$5.00 per Designated Customer I 0 40% of annual printing and mailing fees, $53,750,
Year I including an introductory mailer for first time
6 reports Per Household report reeipients, due when first reports sent
(estimated for July 1, 2010)'
Program Year 1: 2010: 7/1110 -6/30/2011:
Remaining balance of$75,OOO paid in 1/3 increments as
reports are mailed
o 1/3 due, $25,000 after first 3 months from start of
Program Year
o 113 due, $25,000 after first 6 months from start of
Program Year
o 113 due, $25,000 after first 9 months from start of
Program Year
... _. __ ... ___ . __ . __ ... _. __ . ____ ._ ..... _._L ___ ... ____ . ___ ._ .. __ ..... _____ ._. __ . __ . ____ ._1
Proteatdooai Services
Rev. September 2009
l\u'teJT,\SbaredIASDIPURCHISOUCITATIONSlCURRENT BUYER-CM FOIDERSIUTILITIES -CAROL YNNIRFP.1134341 Fkttle En_
Report.Il'INAL.CONTRACT.doc
j
~
l
-----------------------------r=:--,---~_:---::-=_::~_::_--=:_:'=:-=---~_:::.~:-:=-:-:-::_'-----------, YEAR 2: 8 months of Reporting Program Year 2: 2011: 7/112011 -2/30/2012
$5.00 per Designated Customer ' 0 1/3 due, $29,167 after first 12 months from start of i
Year (prorated 8 mo.) Program
4 reports Per Household 0 l/3 due, $29,167 after first 15 months from start of
------------------,------
, Program
o 113 due, $29,167 after first 18 months from start of
Program
, §_tl!ff Training.!~!J.'y's a.!,~ Trav~L ___________ . ____ ~ _____________ , ______________ _ I $2,000 per day or portion there of Upon invoice, not prior to training.
L$5,OOO Travel Fees Years 1 & 2
.. ,...,...._~ _________ .. ____ •• ______ .• ___ ._-'-________ __ ••• __________________ -.l
* Fee Calculation is based upon delivery to each Designated Customer ten (10) Reports over the
20 month program each report being one-page double-sided 8.5" by 11" Home Energy Reports
per Program Year via USPS standard mail at current freight and postage prices. OPOWER may
increase the fees by not more, than an amount equal to the percentage increase of the USPS rate
for Standard Mail Regular -Letters AADC Local entry rate, as defined in the USPS Domestic
Mail Manual (current price is $0.256).
Additional Services may be subject to additional Fees as quoted by OPOWER.
All Fees are non-refundable except as expressly provided herein. Upon tennination, OPOWER
shall only refund the pro-rated portion of any Home Energy Report printing and mailing service
Fees paid for services not yet delivered as of the termination date. , All setup and license fees are
payable pursuant to Section 5 of the Agreement, and will be invoiced accordingly.
All invoices to be paid generally within 30 days of reCeipt ofinvoice.
ProfessIonal Services
Roy, Sop_her 2009
\\Cc-temlsllaredIASD\PURCI!\SOUCITATIONSlCURRENT BUYER-CM FOLDERSIUTILITIES -CAROLYNNIRFPs\134341 Heme Energy
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Pt!lymlUlt SChedule (an JU'lynNlntlllre !lu5 Net 30 upon CPAU's receipt of1nvokt:l)-
1 year Pfoatilm. 25.000 Houlubokb; IteteIvlnI hpOftX, ZO mDIIlhuf repruu; 10 report. pl!l" haWlehokl for 5 Total of 250,000 rt;cUu
.. Tl1ls Paymont; Schlldulsls b.u.ed (Ill cootm.t sfgnabJre prior to 3/30/201D
"''''*Ptintlng and I'4alllnQ!( Fee Cetcuf~ 1$ baRd I,Jpon ilmjvmy to each Designated Customer of lUI average Df fourtetn (14) (lite' page dOlJble-stded
IJ.S~ by U' Home. Er,ergy Reports via USPS slandal'd mall, over 2(1 morrths of '''porting. at current freight and postage prices, The fees set forth fer
printing end mailing ahall b& In eff,act from the date of eontract signing liM ror a period of 12 months, Th.11!Iefte:r~ Poslttve: Energy may IllcresS. ttte fees
by not mg.re than an &1liO\l1'tt: equal to. the psroantage InCrease 1)1 Ute USPS rate for Standard Mall Regul~r -l.6ttill'i MDe looeal entty rttte, 85 defined In
thEI USPS Domestlt Mail Manual {OJrretttly $Q.2S6}.
Professional Services
Rev, September 2009
\1Cc-term-..hw'edIASDIPURCH\SOUCrr ATIONSICURRENT BUYER-CM FOlDBRSlt;TILITIES· CAROL YNNIRFP,1134341 Hane EnerllY
RJ>portsIFlNALCONTRACT,doc
. , ,
I
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TOTllE CITY OF PALO ALTO (CITy),AT rnElR SOLEEXPENSE,SHALLFOR.'l'HETERMOFTllECONTRACT OBTAIN
AND MAlNTAlNINSURANCE IN THE AMOUNTS FOR THE COVERAGE SPEClFIEDBELOW, AFFORDED BY COMPANIES WITH AM
BEST'S KEY RATING OF A-:Vn, OR HIGHER, LICENSED OR AIJTHOIl.lZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGEI-;,. ON COMPUA.'1CE wrrn CITY'S INSURANCE REQUIREMENTS AS SPEClPllID BELOW:
MINIMUM LIMITS
RIlQUIRED TYPE OF COVERAGE I\EQDlREMENT EIlCH
: YES
i YES
,
: YES
YES
YES
YEs
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S lJAB[L[TY STATUTORY
BODlLYINIURY $1,000,000 $1,000,000
GllNllRAL IJABILITY, INCLUDING I PERSONAL INI1JRY, BROAD FORM PROPERTY DAMAGE $IJooo,ooO $1,000,000
PROPERTY DAMAGE BLANKET
: BODILYINIURY &; PROPERTY DAMAOE CONTRACTUAL, AND FIRE LEGAL $1,000,000 : $1,000,000
LIABIIJTY : COMBINED.
BODILY INJURY $l.000~OOO SI,OOO,OOO -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNBD PROPERTY DAMAGE $1,000,000 $1,000,000
BODlI,Y INI1JRY AND PROPERTY $1,000,000 $\,000,000
DAMAGE COMIIlNED
PR.OFESSIONAL LIABILITY, INCLUDING,
ERRoRs AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGUGENT PIJIU'ORMANCE ALL DAMAGES $1,000000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALLOBTAINANDMAINTAIN,INFULLFORCEANDEFFECTTHROUGHOUTTllEENTIRETERMOPANYRBSULTANfAGREEMENT,
THE INSURANCB COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CON'IRACTORAND ITS SUBCONSULTANTS, IF ANY, BUT
ALSO, wrrn THE EXCIlPTION OF WORKERS' COMPENSATION, EMPLOYER'S lJABILITY AND PROPESSIONALJNSURANCE,NAMING
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPWYEES.
L INSURANCE COVERAGE MUST INCLUDE:
A A PROVISION FOR A WRlITEN THIRTY DAY ADVANCE NOTICE TO CTTY OF CHfu'lGE IN
COVERAGE OR OF COVERAGE CANCEI~ATION; AND
B. A CONTRACTUAL UABfLrfY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO lNDFJ,.INIFY CITY.
C. DEDUCTffiLE AMOUNTS IN EXCESS OF $100,000 REQUIRE CITY'S PRIOR AFPROV AL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
m. ENDORSEMENT PROVISIONS, WITH RESPECT TO TIlE INSURANCE AI1J'ORDED TO "ADDITIONAL
INSUREDS"
A PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF TIlE :-.lAMED INSURED, INSURANCE AS
AFFORDED BY TIilS POllCY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR TIlE BENEFIT OF TIlE ADDITIONAL INSUREDS.
B. CROSS I.!ABlLlTY
Professional Services
Rev, September 2nO!}
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ReportsIPINAL.CONTRACT,doc
TIlE NAMING OF MORE THAN ONE PERSON, FIRM. OR CORPORATION AS INSUREDS UNDER THE POLICY SllALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RlGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLElNSUREDS, SHALL NOT lNCREASB THB TOTAL LlABlLfIY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICB OF CANCELLATION
1. IF TIlE1'OLlCY IS CANCELED BEFORE ITS EXPIRATION DATEFORANYREASON OTIlBR
TIrAN THENON·PAYMENTOP PREMIUM, THE lSSUINO COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITI'EN NOTICE BEFORE TIlE EFFECTIVE DATE 01' .
CANCELLATION.
2. IF TIlB POLICY lS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON·PAYMBNT
OFPRBMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TIIN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECIWE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO.
PURCHASING AND CONTRACT ADMlN.ISTRATION
ClTYO'PALOALTO
P.O. BOX 111:150
PALO ALTO, CA 94303
Professional Services
RoY. Seprember 2009
IICc-terr,\SharedlASll\PURCIl\SOIlCI:rATIONSICURRENT BUYllR-CM FOIDERSIUTILITlES· CAROLYNNIRFPsl134341 Home Energy
Reporl5\FINALCONTRACT,ooc
EXHmIT"E"
OPOWER UCENSTNG AGREEMENT
1. Definitions Related to Licensing Agreement
"Generalized Information" shall mean: (i) any data or information provided to OPOWER by the
Utility ooderthe terms ofthis Agreement; (li) any data orinfonnation collected and/or compiled by
OPOWER ooder the terms of this Agreement, and (ill) the results and data from any manipulation,
analysis, calculations, or processing of such data, including, without limitation, Utility Data, in
accordance with this Agreement, which in each of (i), (ii) and (iii) does not pennit the personal
identification of any Authorized User. All Generalizedli1fonnation shall be considered OPOWER's
Confidentialli1formation.
"Colltellf' shall mean any OPOWER Content, Third Party Content and/or Utility Data made
available to Utility and/or Authorized Users, as applicable, on or through the Services, in accordance
with this Agreement.
"Customer Service Application" shall mean the online portal provided by OPOWER enabling
Administrative Users, including Utility customer service staff to access the Home Energy Reports
and other features and functions of the Portal Services.
"Home Energy Report' shall mean the reports prepared by OPOWER and delivered to the
Designated Customers describing those customers' energy use, comparing such customers' energy
use to their neighbors and providing targeted energy efficiency offers and rebates.
"Home Energy Reporting System" shall mean the combined offline and online system by which
OPOWER delivers customized energy data and recommendations to Designated Customers,
including, but not limited to, the Home Energy Reports and the OPOWER Portal Website.
"OPOWER Contenf' shall mean any data, results, ideas, plans, sketches, texts, files,links, images,
photos, video, soood, inventions (whether or not patentable), notes, works of authorship, articles,
feedback, or other materials, including, without limitation, statistics, analyses and forecasts, and any
similar information that is either owned or licensed by OPOWER and that OPOWER makes
available through the Services, specifically including Third Party Content, and specifically excluding
Utility Data.
"OPOWER Illtellectual Property" shall mean: (i) any proprietary work; (ii) any system owned or
licensed by OPOWER outside the scope of this Agreement; (iii) any analysis, compilation,
aggregation, derivative work, or work of authorship created by OPOWER under the terms ofthis
Agreement, including Program Reports, Customer Service Application; (iv) data independently
developed or created by OPOWER for purposes of implementing, administering, improving, or
otherwise providing the OPOWER Portal Website; and (v) data entered by Customers via the
OPOWERPortal Website.
"OPOWER Portal Websitll" shall mean a website created and maintained by OPOWER to provide
Designated Customers with additional information about their energy usage. All Designated
Professional Services
Rev. September 2009
1\C .. '"",,\ShllredIASDIPURCH\~OLlCITA TlONSICUJlRENT BUYER-eM FOUlBRs\t'TILITlES • CAROL YNNIRFPs113434! II<rne Enugy
Repo!"ls\FINAL,CONTRACT,doc
Customers must agree to OPOWER's terms and conditions ofuse to access the OPOWER Portal
Website
"Services" shall mean the Portal Services and all other services requested pursuant to an Order.
Services may include any or all aspects of tile Home Energy Reporting System, tile Customer Service
Application and Program Reports.
"Utility Brand" shall mean anyone or more of the trademarks, service marks, trade names, domain
. names, logos, business and product names, slogans, and registrations and applications fur registration
thereof owned by the Utility as of the Effective Date.
"Utility Data" shall mean any data or information supplied by the Utility to OPOWER under this
Agreel)lent, including personally identifiable data; provided, however, that Utility Data shall
specifically exclude Aggregated Analytics, OPOWER Content and Third Party Content.
1.2. Retained Rights -Ownership.
(i) Subject to the rights granted in this Agreement, Utility retains all right, title and interest in and to
the Utility Brand and Utility Data, and OPOWER acknowledges that it neither owns nor acquires any
additional rights in and to the Utility Brand or Utility Data not expressly granted by this Agreement.
OPOWER further acknowledges that Utility retains the right to use the Utility Brand and Utility Data
fur any purpose in Utility's sole diacretion.
(ii) OPOWERretains all right, title and interest in and to the Services, Generalized Jnformation, the
OPOWER Retained Intellectoal Property, the OPOWER Content and the OPOWER Intellectual
Property. Utility acknowledges that it neither owns nor acquires any additional rights in and to the
furegoing not expressly granted by this Agreement. Utility further acknowledges that OPOWER
retains the right to use the furegoing for any purpose in OPOWER' 8 sole discretion.
(iii) Utility owns each tangible Home Energy Report created as part ofth6se Services, including any
sample reports, and all right, title and interest therein, provided that OPOWER retains ownership in
the: (a) design, look, and feel; (b) graphical elements; (c) content other than the Utility Data; and (d)
any intellectnal property therein.
(iv) Utility grants OPOWER a non-exclusive and on-transferable license to Utility Data, for the
provision of Services under this agreement.
2.3; Third Party Content. Utility acknowledges that Third Party Content maybe available through
the Services, and that use of such Third PartyContcnt may be suQject to additional terms and
conditions of the Third Party Providers ("Prtnlider Terms"). Utility shall comply with all
such Provider Terms and pass through any applicable Provider Terms to Authorized Users as
required by Third Party Providers. OPOWER makes no representations or warranties
regarding any Third Party Content found on or through the Services or that is otherwise
available using the Services.
Professional ServJces
Rev.SopkmOber2009
\\C"'e",\shacedlASDIl'URCH\SOLlCITATIONSICURRENT BUVEll-CM FOLDERS\uTlllTIES -CAROLYNNlRFPsll34341 Hun. Energy
Reports\Fn-JALCONTRACT,doc
4. Usage Restrictions. (i) Utility not will assign, sublicense, sell, resell, lease, rent or otherwise
transfer or convey, or pledge as security or otherwise encumber, Utility's rights ~der this Section
(ii) Utility will ensure that its use of the Services, the Application Documentation Content, and all
Utility Data complies with all applicable laws, statutes, regulations or rules, including, without
limitation, the OPOWER Terms of Use. (iii) Utility shall notifY OPOWER immediately of any
nnanthorized use of any password or account, or any other kD.own or suspected breach of security.
(iv) Utility will only allow Administrative Users who have been assigned a unique user identification
to access the Customer Service Application.
5. Brand Licenses. The Parties will cooperate to develop a mutually agreeable strategy fur co-
branding of the Home Energy Rep()rts and the OPOWER Portal Website. Subject to the terms
and conditions ofthia agreement, Utility grants to OPOWER a non-exclusive, non-transferable
right and license to use the Utility Brand during the Term in accordance with such reasonable
Utility branding guidelines as Utility may specifY for the limited purposes of performing
OPOWER's obligations under this Agreement. Notwithstanding the foregoing, (a) Utilityrnsy.
use the OPOWER Brand to identify and publicize the Services at trade shows and utility industry
events; (b) OPOWER may identify the Utility as an OPOWER customer and use the Utility
Brand in connection therewith, 'provided that such identification shall not state or imply an
endorsement by the Utility; (0) OPOWER may identify the Services with the OPOWER Brand
and ''runs on OPOWER" or other similar phrasing. Except as expressly permit'ted by this
Agreement, each Party shall have a written right of approval over the use of its Brand by the
other Party, not to be unreasonably withheld .
Professional Service;
Rev. Septemb" 2009
1\Cc-ren>\sharedIASD\PURcHISOLICITA TIONSICURRENT BUYER-CM POlDERS\UTILiTlES • CAROL YNNIRFP,\134341 Him. Energy
Rl:port,IFlNAL.CONTRACT<doc
City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL -10
FROM: CITY MANAGER DEPARTMENT: PLANNING
AND COMMUNITY ENVIRONMENT
DATE: APRIL 19, 2010 CMR: 221:10
REPORT TYPE: ACTION
SUBJECT: Approval of Comment Letter on the Revised Draft Program EIR for the Bay
Area to Central Valley High Speed Train Project and Review of Guiding Principles
RECOMMENDATION
Staff recommends that the City Council
1. Authorize the Mayor to sign the attached letter to the Califomia High Speed Rail Authority
(Authority) detailing Palo Alto's comments on the Revised Draft Program EIR for the Bay
Area to Central Valley High Speed Train Proj ect.
2. Review the Guiding Principles and direct staff to retum with revisions for Council approval.
BACKGROUND
On March 4, 2010, the HSRA released a Revised Draft Program Environmental Impact Report.
A 45-day public comment period began on Mareh II, 2010, and will end on April 26, 2010. The
documeot includes the changes made in response to the court decision, focused on the Gilroy-
San Jose alignment and alternatives to using the Union Pacific Railroad right-of-way.
On April 7, 2010 the Planning and Transportation Commission reviewed the DEIR and a draft of
the comments prepared by staff. The Council reviewed the draft and PTC comments on April
12, 2010, accepted public testimony and provided further direction to staff to finalize the
comment letter for Council approval on April 19.
In March 2009, the City council established the High Speed Rail Committee to represent the City
in public at meetings with community groups and stakeholders, when speaking to other public
agencies, when providing written correspondence or testimony in advocating for legislation
related to high speed rail; and to speak at public hearings on short notice when full City Council
discussion is hot feasible.
On May 18, 2009, the City Council adopted the Guiding Principles (Attachment B) as a means to
provide ongoing direction to the High Speed Rail Committee. On April 12, 2010, the Council
referred the HSR Guiding Principles to the HSR Committee for review and comment. The
Committee was scheduled to review the Guiding Principles on April 15.
DISCUSSION
This report transmits the revised draft comments on the Revised Draft Program EIR for the Bay
area to Central Valley HST Project (Attachment A).
CMR: 221:10 Page 1 of2
,Base,d on the input from the Planning and Transportation Commission, stakeholder groups and J ''co~lci1 discussion on April 12, staff and the City's enviroumental planning consultant have'
\,revised and expanded and elaborated on the issues and concems included in the comment letter.
Staff requests that Council accept or modify the letter and authorize the Mayor to sign the
approved letter.
The HSR Committee had not yet met to discuss the Guiding Principles when this report was
prepared. It is expected that the Committee will propose changes to the Guiding Principles to
address issues and situations for which fUlther Council direction may be needed given the current
status of the High Speed Rail Project. A summary of comments and recommendations from the
meeting as well as a draft of the proposed revisions to the Guiding Principles will be provided to
the Council at-places on Apdl 19.
POLICY IMPLICATIONS
The recommendations in this repOit are consistent with existing Council policy direction related
to the California High Speed Rail Project.
ENVIRONMENTAL REVIEW
The recommendations in this report do not constitute a project requiring environmental review
under the California Environmental Quality Act.
ATTACHMENTS
A. Draft Comments Letter on Bay Area to Central Valley Draft Revised Program ElR
B. Guiding Princip les
The Revised Draft Program ElR for Central Valley to Bay Area High Speed Rail Project, March
2010 is available online at: htlp:llwww.cahighspeedrail.ca.gov/lib!lIly.asp?p=92}4
The 2008 Final Progrllln ElR for Central Valley to Bay Area High Speed Rail Project is available
online at: http://www.cahighspe(l~!J:ail.ca.govJlipJary.asp?n=9274
PREPARED BY:
GAYLE KENS
ent Spe' .
APPROVED BY:
CITY MANAGER APPROVAL:
CMR: 221:10 Page 2 of2
ATTACHMENT A
April 13, 2010
Califol11ia High Speed Rail Authority
Attn: Dan Leavitt, Deputy Director
925 L Street, Suite 1425
Sacra!llento, CA 95814
DRAFT
Subject: Bay A.·ea to Centrdl VaIley Revised Draft Program-Level EIR Material Comments
Dear Mr. Leavitt:
Thank you for the opportunity to comment on the California High Speed Rail Authority's
March 20 I 0 Bay Area to Central Valley lligh-Speed Train Revised Draft Program EIR
Material. The California HST project will have a long-lasting and far-reaching impact on
the City ofPato Alto. The City has thoroughly reviewed the Revised Draft Program EIR
and has the following comments:
A. General Comments and Process
A.I Public Meetings
CommentA.l·l -No scoping sessions or public meetings were held anywhere on the
Peninsula between San Jose and San Francisco for the Revised Draft Program EIR.
Peninsula cities were also not included in the Outreach before the Second Draft Program
EIRIEIS process. The failure of the California High-Speed Rail Authority (CHSRA) to
solicit comments from communities along the Peninsula during the seoping process, the
ElR/EIS public review process, or the Revised Draft Program EIR process violates the
public review requirements of the Califomia Enviromnental Quality Act (CEQA, and
renders the cunent Revised Draft EIR inadequate.
A.2 Significant New Information
Comment A.2-1 . Significant new information exists, under many environmental
parameters, that makes the earlier Program ElRJEIS invalid and requires a recirculation of
the Program ElRJEIS, as well as recirculation ofthe Revised Program EIR.
Comment A.2-2 -The ridership and revenue modeling used for the analysis and altematives
comparison is flawed, particularly given the new infonnation provided in the 2009 Business
Plan update and the major shifts in the economy since the forecasting was last completed.
The ridership models need to be revised to provide a more accurate forecast of ridership.
Mr. Dan Leavitt
. April 14, 2010
Page 2 of21
Comment A.2-3 -New infonnation on project impacts and altematives is being discovered
during the project-level enviromnentai review for the San Francisco to San Jose and San
Jose to Merced segments. TIlis new infonllatioll may indicate new or increased impacts,
and new feasible alternatives or mitigation measures. TIle new infol111ation needs to be
presented and analyzed in a revised and recirculated enviromnental document.
Comment A.2-4 -New infOlmation has been presented in the Revised Draft EIR regarding
the use of the Monterey Highway median for pOltions ofthe high-speed train (RST) right-
of-way (ROW).·The document fails to address how the use ofthis median may result in
impacts associated with noise, land use, property, traffic, and construction impacts.
Conullent A.2-5 -The recently ruIDounced project to conduct a seismic retrofit of the State
Route 92 San Mateo bridge opens the possibility of placing a HST crossing in conjunction
with rebnilding the blidge. The environmental document needs to be revised alld
recirculated to incorporate the alignment altematives provided by this seismic retrofit
project.
Comment A.2·6 -The need to evaluate impacts from Union Pacific Railroad's (UPRR)
recent refusal to share it, ROW opens up the possibility of considering neW alternative
alignments for not only the Pacheco Pass alignments but also the Altamont Pass aliguments,
including an Altamont Pass alignment that would run along State Route 84 through the East
Bay rather thall along the UPRR ROW.
A.3 Limiting Scope of Comments to the Revised Draft Program EIR
Inappropriately Limits the Analysis
Comment A.3-1 -Limiting the scope of comments to the Revised Materials is inappropriate
if the original analysis was flawed.
A.4 Inappropriate Listing of Supporters and Opponents
Conlment AA-l ~tt is inappropriate to list the agencies and organizations who SUPP~lIt, or
have expressed concem over, the selection of the Preferred Alternative (Sections 7.3.2 and
elsewhere) in the document. Their conunents and concems should certainly be .
acknowledged when deciding on the scope of analysis in the EIR, but their identification in
this document can have the effect of unnecessarily pitting one agency or organization
against another, rather than focusing attention on which environmental issues need to be
addressed in the document.
A.5 L<\ck of Tables Makes Analysis Difficult
Comment A.5c 1 -The presentation of data in the text is confusing and makes the analysis
difficult to follow. The infOimation would be more presentable alld understandable to the
lay reader ifpl'esented in tables. An example of where such a table would be appropriate is
Mr. Dan Leavitt
April 14, 2010
Page 3 of21
on page 7-17 in the Travel Times/Travel Conditions section of the document. Conversely,
the text on page 4-3 repeats the infol1llation already presented in Table 4-1. More careful
use of tables is warranted.
B. Inadequate Project Description and Business Plan
B.l Project Description
Comment B, 1-1 -The project description is essentially limited to the alignment ofthe track
corridors and possible stations, but does not mention the additional support facilities, other
than the maintenance facility, that would be needed. These additional support facilities
would include layover facilities, tumouts, bridges and tunnels, advanced signaling and
communication~ systems, electrification facilities, station automobile parking stmctures,
and the public open spaces needed to support the pedestrian traffic generated by the hub
stations. The Revised Program ErR is inadequate because they are not identified or
analyzed in the document. If the potential environmental impacts of these supporting
facilities are not going to be addressed in the Program EIR, they shoutd be identified, the
typieal effects explained, and should be addressed in detail in the forthcoming project-lcvel
engineering and environmcntal reviews.
Comment B.1-2 -Grade separations are not identified in the document. The document
should indicate which crossings are expected to be separated, and define whether each
intersection is to be separated by underpasses or overpasses (presumably the vehicular and
pedestrian traffic and not the HST). Grade separations cause substantially more
construction, snrface disturbance, noise, air quality, aesthetics, and transportation conflicts.
An elevated railway would be a significant change from the existing landscape, and could
have significant impacts on neighboring communities. Project construction could have
significant impacts, such as disruption of existing rail service and dismption of local
businesses; these issues are not addressed in the ElR. These impacts must be analyzed for
the CEQA document to be adequate.
Comment B.1-3 -The document fails to adequately describe the location of the project,
including the proposed right-of-way, station locations, and other infrastructure locations.
The cOITesponding impacts are not analyzed and no mitigation is proposed.
Comment B.1-4 -The document fails to adequately indicate the extent to which the project
would require acquisition of private propelty through eminent domain. This issue applies to
both use of existing corridors where such corridors need to be widened, and the possible
requirement for identifying a new corridor should UPRR block the shared use of its ROW.
The document also does not identify whether eminent domain would include the taking of
all or only a portion of any of the neighboring properties along the alignment.
Comment B.l-5 -The document fails to address the maintenance of the HST line, and does
not answer the questions of how often and when maintenance activities would occur, and
Mr. Dan Leavitt
April 14, 2010
Page 4 of21
what additional infrasll11cture would necd to be constmcted (rail spurs, repair shelters) to
allow the maintenance activities.
Comment B.1-6 -The statement that ... "The prefell'ed maintenance and storage facility
location to support the lIST fleet in the study region is the Merced area (Castle AFB)"
(page 7-28, Section D Maintenance Facilities) conh'adicts the statement in the Program
EIRJEIS on page 2-48, second paragraph, that states that ... "One fleet storage/service and
inspection/light maintenance facility would be needed for each major branch of the
statewide lIST system ... These facilities would need to be sited as near as possible to the
terminal stations (emphasis added)," Merced is about 120 miles from San Francisco. The
Revised DraftPmgram EIR fails to identify tlIe location ofthe maintenance facility in the
Peninsula segment of the HST system.
Comment B.I-7 -The Federal Rail Authority (FRA) does not allow heavy rail and light rail
to share the same corridor. The proposed project would require an exemption from FRA
regulations in order to move forward as proposed. The document does not address the
feasibility of obtaining this exemption from the FRA, nor does the document address what
alternatives are available if the FRA does not grant this exemption.
Comment B.I-8 -The document does not address how the land beneath an aerial viaduct
would be used and maintained. What would be the use of the land beneath the viaduct
parking, landscaping? Would the area be open or fenced off? Who would be responsible for
maintaining this area to reinove weeds, clean up trash, remove graffiti, etc.? Who would
pay for this maintenance?
Comment B.1-9 -The document does not define how eminent domain would be used to
widen an existing cOlTidor or to create a new con'idoL For example, would the CHSRA
only tl1ke the back yard of a residential property, or would CHSRA be forced to take the
entire property even if only a portion of the property is required for the COITidor?
Comment B.l-IO -Section 2704.09 of Assembly Bill (AB) 3034 sets design characteristics
and goals for an HST system. These goals include maximum limits on travel times, such as
a maximmn travel time from Oakland to Los Angeles of2 hours 40 minutes, and a
requirement that such travel be accommodated without the need to change trains at any
point along the journey. The project description and subsequent EIR analysis is flawed
because it does not address theserequirements. The City of Oakland is not cUlTentiyon the
proposed HST aligmnent, and therefore travel to or from Oakland would involve a transfer
onto another h'ain ortraI)Sit system, and would require mOl'e'lhan 2 hours and 40 minutes of
travel time. The project description and aitematives,need to be revised in order to add
Oakland to the syst<;)ITI, either by coming north through Pacheco Pass and San Jose, or west
tln'ough the Altanlont Pass.
Mr. Dan Leavitt
April 14,2010
Page 5 of2l
B.2 Flawed and Inadequate Business Plan
Comment B.2-1 ~ The Revised Draft Program EIR fails to provide an explanation of the
methodology used to calculate ridership figures.
Comment B.2-2 The document fails to include an explanation of what portions of
projected ridership would occur regardless of whether the project was approved or
regardless ofthe aligmnent altemative chosen. .
Comment B.2-3 -The ridership forecasts in the analysis are flawed and grossly
overestimate the ridership that the project would generate, particularly since the ridership
. forecasts were created during a different economic cycle. Realistic ridership numbers need
to be usedjn the analysis to reflect both a robustand a poor economy.
Comment B.2-4 -The document fails to include a full tabulation and explanation ofproject
costs, including: methodologies for calculating costs, costs for each altemative and sub-
altemative, costs for tunnels through developed urban areas, costs for maintenance
activities, and costs for developing ridership.
Comment B.2-S -The document does not include a tabulation of expected funding sources
for the project.
Comment B.2-6 The document does not adequately address construction costs, including
thc full economic costs of using eminent domain to either widen an existing cOlTidor or to
create a new corndor.
Comment B.2-7 -The document fails to address how nearby businesses would be affected
during project construction, if aecess would be limited, ifsmall businesses will survive, and
how citytax revenues may be affected as a result.
Comment B.2-8 -The document needs to include a realistic and defensible business plan in
order to answer the very basic question of whether the HST project is actually
enviromnentally advantageous for Califolllia.
Comment B.2-9 -Cost reporting should be in 2010 dollars, and not 2006 dollars (page 7-13,
second paragraph, last line and elsewhere in the document).
Comment B.2-l 0 -The daily ridership projections for the San Francisco station include
riders from Oakland and elsewhere in the East Bay, which is a flaw in the analysis. East
Bay ridership needs to be shown at an Oakland station location, as required by AB3034,
and not San Francisco. Once the East Bay ridership is removed from the San Franciscc
projections, the forecasted ridership at San Francisco should be dramatically reduced.
Mr. Dan Leavitt
April 14,2010
Page 6 of21
Comment B.l-Il -The December 2009 Business Plan's forecasted annual boardings for the
San Francisco to Anaheim corridor are less than half of the forecasted annual boardings
referred to in the ElR. The boarding numbers in the EIR need to reflect updated forecast
figures.
C. Environmental Impacts and Mitigation Measures
C.l General Comments
Comment C.l-1 -The Revised Program ElR identifies a Peninsula alignment and station
locations, but fails to fully identify, analyze, and mitigate all Peninsula-related
environmental impacts fi'om that specific alignment and those specific station locations. A
Program-level EIR that identifies specific project elements or project locations is required
to provide a full analysis of the impacts associated with these elements and locations.
Comment C.I-2 -The mitigation measures used in the document are often inadequate, and
in some cases so poorly described as to make it impossible to detennine the feasibility of
the mitigation measure.
Comment C.I-3 c The document fails to disclose or adequately analyze the project's
potential land use and transportation impacts associated with the use of tbe shared
CaltrainlUPRR ROW between San Francisco and San Jose, and the UPRR ROW from San
Jose to Gilroy. Perhaps more importantly, the document fails to discuss the potential
necessity of loc'!ting the project alignment away from either segment of this ROW,
particularly in. tlle San Jose to Gilroy segment where the UPRR owns and controls the
corridor. The potential need for a new project alignment in these areas necessitates a
revised analysis of project impacts.
Comment C.1-4 -The impact discussion focuses on a corridor 50 feet to either side ofthe
existing con'idor or 50 feet to either side ofthe centerline of tlle new HST alignments. The
analysis should focus on a wider cOlridor for impacts. Some impacts, such as noise, can
have. a 'significant effect several hundred or even several thousand feet away from the
project corridor. The impact discussion should be revised to use appropriately sized impact
corridors as appropriate for each specific impact, with no conidor nanower than 500 feet to
either side of the proposed HST cOlridor.
Comment C.1-5 -The impact analysis fails to address and incorporate tlle significance
criteria estahlished by each local jurisdiction affected by the project, and uses flawed
assumptions in detel1nining impact significance.
Comment C.l ~6 -The document f;Uls to indicate ho,,4 the HST project would affect Cal train
service, hoth during construction and operation. It is unclear whether Caltrain would be
able to c,ontinue providing express service once the HST system is in place. The lack of
Mr. Dan Leavitt
April 14, 2010
Page 7 of21
analysis of tilis potentially significant impact requires tilat the document be recirculated
with the complete analysis.
Comment C.1-7 -The analysis in the Revised Draft EIR glosses over local impacts and
does not provide the detailed analysis required by CEQA.
Comment C.1-8 ~ The document uses the tel1llS "exclusive guideway" and "shared
gnideway", but does not define these tenns. The document further concludes in a cursory
and conc1usory manner that "exclusive guideway" altematives should be rcjccted, and that
a "shared guideway" alternative should move forward for analysis. This conclusion is
inappropriate given thatUPRR has stated opposition to sharing their corridor.
C.2 Aesthetics and Visual Impacts
Comment C.2-1 -The Revised Program EIR fails to address a number of issues related to
aesthetics and visual impacts. Many of the proposed project elements (such as an elevated
railway, overhead wires, sound walls, and transmission lines) would likely have a
significant visual impact, and these impacts are neither fully addressed nor sufficiently
mitigated.
Comment C.2-2 -The document fails to address the visual impacts of elevated stroctul'CS
and the associated 45 miles of sound walls proposed as mitigation for noise effects. These
stroctures would represent a significant change to the visual character of the conido!'. The
document also fails to address the shade and shadow impacts of these proposed elevated
stroctures and sound walls. The sound walls as proposed are inadequate to mitigate the
projcct's noise impacts, and will likely need to be made cven taller, which would have a
cOlTesponding increase in impacts on aesthetics.
Comment C.2-3 -The visual impacts of the ncw utility infrastrocture, in pruiicular the
electrical substations, transmission lines, and overhead electrical rail lines, arc not fully
addressed in the Reviscd Program EIR. The document does not provide locations for the
proposed substations and transmission lines, so no analysis of aesthetic impacts can be
perfOlmed. The City of Palo Alto is in the process of placing all existing overhead wires
underground. The addition of new overhead wires in Palo Alto would not be in keeping
with City policies and goals. .
Comment C.2-4 -The document fails to address how the absence or removal of screening
trees along certain segments ofthe rail line would affect the impact significance of elevated
stroctures, sound walls, substations, and ncw utility pole~ and wires.
Comment C.2-5 -The document fails to address how any new vehicle or pedestrian
overpasses would affect the visual environment. Such structures would be significant new
elements in the visual landscape, and their visual impacts need to be addressed in the EIR.
Mr. Dan Leavitt
April 14, 2010
Page 8 of21
Comment C.2-6 -The document does not address whether the project would include
nighttime lighting, and what impacts such lighting would have on neighboring uses,
particularly on two-story residences across from an elevated railway .
•
C.3 Agriculture
Comment C.3-1 -Direct impacts to agricultural resources would occur if the HST
alignment and associated infrastructure (substations, utility lines, etc.) needed to pass
tin'ough lands that are cunently in agricultural use. The document fails to adequately
address the loss of prime agricultural land, partiCUlarly if the proposed ROW must be
relocated away from the UPRR ROW within the San Jose to Gilroy corridor. This
relocation could be necessitated by UPRR's refusal to share a ROW with the HST system.
C.4 Air Quality and Greenhouse Gases
Comment C.4-1-The document fails to fully disclose or adequately analyze the project's
potential air quality impacts, including the production of greenhouse gases (GHG) and
contribution to global climate change.
Comment C.4-2 -The analysis focuses on emissions associated with operations. It does not
consider constlUction impacts and their contribution to GHG emissions.
Comment C.4-3 -Construction activities will cause major traffic disruptions, resulting in
indirect air quality and GHG emissions from idling vehicles. These potential emissions
were not analyzed in the document.
Comment C.4-4 -New electrical infrastructure (transmission and distribution lines and
substations) will be required. The construction impacts of these facilities are not included in
the analyses.
Comment C.4-5 -Greenhouse gas emissions should be recalculated and reconsidered based
on updated and realistic ridership figures. Sce. Comment A.2-2.
Comment C.4-6 -The comparison of rail travel GHG emissions to air travel GHG
emissions should be revised to account for the reductions in air travel since 2002 and the
improvements made in emissions from air travel. See Comment A.2-2.
Comment C.4-7 --The document fails to adequately compare air quality and GHG
emissions between the altemative options for the new railway elevated viaduct, elevated
benll, at grade, below grade, and underground. Construction activities and dUration vary
dramatically for different types of constlUction. Air quality and GHG emissions for longer
duration constlUction should be considered.
Mr. Dan Leavitt
April 14, 2010
Page 9 of21
Comment C.4-8 -The document uses flawed assumptions in the impact analysis. For
example, it is impossible to run on 100 percent clean, zero-carbon emissions electricity.
Zero-carbon emissions electricity does not exist. "Clean energy" cannot be separated fi'om
other electricity, and is itself not 100 percent clean.
Connnent CA-9 -Does the project actually reduce emissions, or only move them out
further into the future? This issue is not considered in the analysis.
Comment CA-l 0 -Construction emissions, especially GHG emissions, should be
anlOrtized and included in the analysis.
Comment CA-ll -Construction activities include rebuilding Caltrain, which will result in
a disruption in service and in tum result in commuters and travelers finding other
transportation options, likely increasing vehicular emissions.
Comment C.4-12 -In addition to direct air and GHG emissions associated with Caltrain
rebuilding, the project will also result in indirect traffic and air emissions. These emissions
have not beeninc1uded in the impact analysis.
Comment CA-13 -The required new electrical infrastructure will result in both
construction and operational particulate and GHG emissions (SF6 from substations). These
emiSSIons have not been included in the impact analysis.
C.S Biological Resources
Comment C.5.1 -Statements such as those on page 7-13 (second paragraph, lines 4-7) ...
"That the preferred altemative to San Francisco would have slightly less potential impacts
on wetlands (15.6 ac vs. 17A ac), waterbodles (3.8 ac vs: 4.5 ac), and streams (20,276
linear ft. vs. 21,788linear ft), but would have slightly more potential impacts on floodplains
(520.6 ac VS. 477.5 ac) and species (plant and wildlife) ... " are not very helpful without
knowing something about the cun'ent quality, trends, susceptibility, and other threats
(cumulative or otherwisc) to these resources. An attempt to look at these from a landscape
point of view should be considered. Just providing disturbed acreage estimates can be very
misleading, and could support or lead to incorrect conclusions about the comparative
. severity of impacts between altematives.
Comment C.5.2 -It is a mistake to equate only miles of disturbance with environmental
impacts: For example, on page 7-15, second paragraph, lines 5-8, the document states,
"However, this alternative has greater enviroumental impacts ... since it requires nearly 38
additional miles ofHST aligument to be constructed along the east bay" and repeats this
statement on page 7-15, third paragraph, lines 5-7. The severity of the environmental
impact depends on what biological resources are encountered in those 38 additional miles,
·and what is. encountered in the original alignment before the 38 miles are added on.
Similarly, the impacts depend on the nature/severity oflhe impacts encountered. One
Mr, Dan Leavitt
April 14, 2010
Page 10 of21
significant impact in a Sh011 stretch of alignment would have more weight than several, or
indeed many,less than significant impacts in a longer stretch of alignment.
Comment C.5,3 -The document perpetuates a common enor in only considering threatened
and endangered species (T&E species). EIRs and EISs are not environmental compliance
documents. They are envhomllental impact assessment documents. Yet there is no
. consideration of the potential for impacts to many non-T &E species, especially keystone
species, particularly in terms of habitat loss and fragnlentation.
Comment C.5-4 -The docnment does not address the wide-ranging effects of air and water
emissions (pollution) and noise on biological resources, particularly wildlife and their
critical habitat. The harmful effects of pollution have contributed to the listing of numerous
species under the Endangered Species Act, yet the document focuses on the direct impacts
associated with the loss of habitat. Habitat fragmentation and degradation are not addressed.
The indirect effeets of air, water, noise, and other emissions, even if they meet regulatory
andlor pe!mit thresholds, are ignored. Not all habitats are of equal imp011anee. Certain
habitats disprop01tionately conbibute to ecosystem functioning and are analogous to
keystone species. Even non-keystone habitats vary in quality with very different functional
value. These nuances are ignored cir overlooked, and should be the major focus of affected
environme!lt discussions.
Comment C.S-5 -The document fails to. adch'ess the potential loss of valuable wildlife
habitat, including wetlands, pal1icularly if the proposed right-of-way must bere10cated
away from the CaltrainiUPRR right-of-way anywhere along the San Franciscoto Gilroy
corridor. Such a relocation could be necessitated by Union Pacific's refusal to share a ROW
with the HST system.
Cemment C.5-6 The document fails to address impacts to trimming or renlOval of mature
or heritage trees along project alignment, including effects to El Palo Alto, the iconic
herit'lge redwood b'ee in Palo Alto.
C.6 Cultural Resources
Comment C.6-1 -The document fails to fully address impacts to histodc resources and
Native Ame!ican archaeological sites along the alignment, The do.cument do.es not ide!1tify
and name each type of historic resource, and only identifies the total number of such
resources located along eilCh aligument. It is therefore not possible to assess the
significance of the impacts. The document also fails to address the potential impacts to
cultural resourees from the UPRR's refusal to share its ROWand the potential need to
identify a new alignment.
Comment C.6-2 -Inadequate measures are provided in the documellt to mitigate the 110ise,
vibration, and visual impacts'ofthe proposed HST system on the historic resources located
near the proposed alignment.
Mr. Dan Leavitt
Apri114,2010
Page II of21
C.7 Environmental Justice
Comment C.7-1 -The document uses ineolTect methodology for its analysis of
environmental justice impacts.
Comment C.7-2 -The possibility of enviromnental justice issues is not necessarily related
to distance from the HST line (page 2-5, third paragraph, and page 2-7, second paragraph,
lines II and 12), but rather thc geographical extent of impacts, such as noise, traffie
congestion, air quality degradation, etc. .
Comment C.7-3 -Limiting potential property impacts to land uses within 50 feet of either
side ofthe existing COlTidor, or within 50 feet of both sides of the centerline for new HST
alignments, is too restrictive and limiting to fully assess impaets. Potential enviromnental
impacts could extend well beyond 50 feet, and so too would the potential for
disproJ(ortionate impacts to minority and.low incomc populations.
Commcnt C. 7 -4 -The potential for environmental justice impacts exists whether the
minority orlow income population is I, 5, 10,20 percent or 50 percent of the total (page 2-
5, first bullet). The question is not what the minority or low income population is, but
whetherit is disproportionately impacted regardless of size. The potential for enviromnental
justice impacts is made on a detenrunation of whether or not there are disproportionate
impacts to minority or low income popUlations, not just whether minority of low-income
popUlations exist along the alignment. The wording ofthe enviromnental justice section in
Chapter 6 should use the tenn "potential for enviromnental justice impacts" rather than
whether the alignm~nt has a "low, medium, or high enviromnentaljustice impact rating".
c.s. Geology and Seismicity
Comment C.8-1 -Thc document fails to adequately address potential impaets and risks
associated with the rail'line crossing several active and potentially active fault zones.
Potentially high risks are associated with all rail altematives crossing active and potentially
faults. These risks, for both constlUction and operations, are not fully addressed. Crossing
the Calaveras Fault in a hmnel represents a particularly high risk. Altematives to a tunnel
crossing should be considered.
Comment C.8-2 -The document fails to adequately address impacts resulting from a major
ealthquake and associated strong ground motion.
Comment C.8-3 The southern alternative mus nOlih through areas with potential effects
from liquefaction. Fonndations and SUppOlts for this altemative will require more
engineering and robust constlUction, resulting in greater traffic dismptions and increased air
emissions. These factors are not addressed in the analysis.
Comment C.8-4 The height of elevated structure is not indicated in the analysis. The
lateral seismic loading on these structures needs to be addressed. Substalltially larger (and
Mr. Dan Leavitt
April 14,2010
Page 120f21
more frequent) supports may be needed, possibly resulting in greater visual impacts or evcn
the need for a wider ROW to accommodate the structural supports.
e.9. Hazards and Hazardous Materials
Comment C.9-1 .. -The document fails to address the public health and safety impacts due to
possible derailments on the Union Pacific, Caltrain, or HST lines and subsequent collisions
with high speed trains. The derailment hazards and damage to adjacent rail lines are not
addressed, and the potential damage to properties adjacent to rail lines reSUlting from train
derailments is not addressed. The document does not consider establishing hazard buffer
zones to addres~ derailment impacts.
Comment C.9-2 -The document fails to address other possible collisions with trains.
Multiple trains (HST, Caltrain, freight) l.\sing the same tracks pose increased risks of
collisions. In addition, it has not been demonstrated in the enviromnental document that
multiple HST trains operating concuTI"ently would be able to stop in time if problems from
other operations oceur.
Comment C.9-3 -The document fails to address confliets with existing underground toxic
plumes. The approach and methodology in the document is flawed as it only used databases
listed in evaluating possible underground contamination. Additional infOlmation on
underground contamination is available and needs to be incorporated into the analysis.
Comment C.9-4 -Contamination along existing railroad ROWs is common. The analysis
does not consider this typically occuTI"ing hazardous contamination, and the methods to
mitigate the disturbance and disposal of contaminated materials.
Comment C.9-5 -Acquiring new ROW increases potential for encountering more
hazardous materialS/Waste, including contaminated groundwater. This issue is not
addressed in the Revised Draft Program EIR.
e.10 Hydrology and Water Quality
Comment C.l 0-1 -The document fails to address impacts of trenching or tuuneling on
groundwater during construction. This impact applies in particular to portions of the
Altamont Route Altemati Yes.
Comment C.I 0-2 The document fails to address impacts on creek flow, creek stability,
and riparian habitat. The analysis is flawed in comparing "flood plain area" without
considering water flow direction relative to proposed structures. This comment also applies
to Comment C.I 0-4.
Comment C.l 0-3 The document fails to adequately address impacts of shallow
groundwater on operations and maintenance. For example, the document states that,
Mr. Dan Leavitt
April 14, 2010
Page 13 of21
"Infiltration of ground and surface waters into tunnels is undesirahle for operations and
maintenance reas01~S and increases the potential for adverse impacts to ground and surface
waters. All reasonable measures would be taken to avoid water inflltration," 111ese
"reasonable measures" should be identified and discussed, Potential secondary impacts
(e.g" groundwater pumping for dewatering) should also be evaluated.
Comment C.I 0-4 " In addition to operations and maintenance, potential adverse impact to
tunneling from groundwater are discounted and not fully analyzed.
Comment C.I 0-5 The document fails to adequately address the impacts on project
operations from potential flooding.
Comment G.I 0-6 -The document does not discuss the project's potential to impair or
redirect flood water flows, or displace flood water and increase flood water elevation, and
thus increase flooding risks to adjacent and upstreanl areas.
Comment C, 10-7 -lfOPRR does not allow shared use of the existing ROW, then greater
potential impacts to surface waters could result from a new ROW.
Comment Col Oc8 -The analysis does not indicate the extent of impervious surfaces that
,would be created by the project. hnpervious surfaces create increased surface discharges,
which could cause local flooding or erosion, If retention/detention basins are required to
address and offset the increase in impervious surfaces, then more land may be required in
order to accommQdate these added features.
Comment C.l 0-9·· The analysis considers the effects of 100-year floodplains, but does not
consider 500-year floodplains.
c.n Land Use and Planning
Comment C.II-I -The document fails to discuss the direct and indirect impacts of
potential "sprawl" development as a result of the project, particularly near the locations of
proposed stations such as the potential station in the City of Palo Alto. The document needs
to address the development-inducing impacts of the HST project (such as high-density
housing being constructed near stations).
Comment C.11-2 -The Revised Program EIR fails to address the displacement of residents
and businesses if the proposed ROW must be relocated away from the CaltrainlUPRR
ROW, as may be required as a result ofUPRR's refusal to share the ROW with tbeHST
system. An alternate corridor would likely involve the extensive use of eminent domain in
order to create a new aligmnent
Comment C.II-3 The document fails to adequately address land use impacts reSUlting
from the division of existing comtnunities, either through the expansion and potential
Mr. Dan Leavitt
April 14, 2010
Page 14 of21
widening of the existing CaltrainJUPRR ROWand the elevation of stl1letures within this
ROW, or through the relocation of the proposed HST cOiTidor away from the Caltrainl
UPRR ROW. Either of these two scenarios could result in the division of an existing
community.
Comment C.11-4 -The environmental document fails to address project impacts due to
potential incompatibility with local land use plans and policies, including existing or
planned uses, zoning and general plan designations and regulations, and existing or
proposed development plans. Local plans and policies need to be taken into consideration in
the land use impact analysis, and in detennining the thresholds of significance for all
environmental impact criteria.
Comment C.II-5 -The document fails to address potential impacts to local businesses,
particularly during construction. Road closures, reduced parking, and construction noise
could all make it difficult for businesses to stay in operation during construction activities.
If the HST con'idor must be relocated due to DPRR's refusal to share its ROW with the
HST system, then additional businesses would also be directly impacted by CHSRA's need
to use eminent domain to acquire properties for the new alignment.
Comment C.11-6 -The document fails to address impacts to the property valucs of
rcsidences and businesses due to aesthetics, noise, vibration, and circulation impacts from
long-tenn constl1lction activities and daily train operations.
Comment C.II-? -The document incorrectly states that the proposed project corridor
would have a "high" eompatibility rating in the selected corridor. A large portion of this
conidor passes through residential neighborhoods. The document states that single-family
residential homes have a "low" compatibility rating with HST systems, so the pOltions of
the cOlTidor that pass through residential neighborhoods should have a "low" rating as well.
Comment C.II-8 -The document fails to address that elevating the railway and erecting
45 miles of sound walls could create a physical barrier that divides a community. The
existing Caltrain/UPRR ROW does not divide commtmities to the same degree that an
elevated HST system would.
Comment C.II-9 -The Final Program EIR states on page 2-3 that the lIST has a "high"
compatibility with high schools and a "medium" compatibility with elementary schools.
The document fails to justify why high schools are more compatible with a HST system
than elementary schools.
C.12 . Minerals
Comment C.12-1 -No issues regarding minerals have been identified at this time.
C.13 Noise and Vibration
Mr. Dan Leavitt
April 14,2010
Page 15 of21
Comment C.B-I -The noise metric (page 3.4-3, second paragraph) should include
retirement homes, assisted living centers, nursing homes, and other long-tenn medieal care
facilities, museums, libraries, motels, hotels, auditoriums, churches, and cemeteries, in
addition to the number of hospitals and schools. Sensitive land uses also include mobile
homes, donllitories, parks, picnic areas, playgrounds, and active sports areas.
Comment C.l3-2 -The noise metric does not include parkland, yet Table 3.4-4 on pages
3.4-14 to 3.4-18 does include parkland in its' noise and vibration summary data used to
compare alignment alternatives. Illig inconsistency in the document needs to be corrected.
Comment C.l3-3 -The document fails to adequately address the impact significance of
noise and vibration during both constmction and operation, and fails to adequately mitigate
these impacts,
COlllment C.13-4 -The document categorizes noise and vibration impacts as "low-level",
"medium-level", and "high-level", and establishes four noise-related thresholds of
significance, but does not indicate whether the project impacts would exceed these
t11resholds and be considered significant impacts.
Comment C.B-5 -The document fails to adequately explain how the proposed mitigation
measures would address noise and vibration impaets and reduce these impacts to a less than
sigtiificant level.
Comment C.13-6 The dOClmlent addresses estimated noise levels on a region-wide basis,
and does notquantify anticipated noise levels on the proposed alignment or station
10ca.tkJl1s: .
Comment C.l3-7 -Grade separation would introduce inclines. The document does not
address how such inclines would affect noise and vibration impacts ofHST, Caltrain, and
freight train operations, particularly when climbing up an incline.
Cornment C.13-8 -The mnnber of trains per honr is proposed to increase substantially over
existing conditions, meaning that more peak noise events will occur every hour and that (he
to(al duration of peak noise events will increase. The document does not quantify the
increase in the duration of noise, nor does the document indicate whether this would be
considered a significant impact.
Comment C.l3-9 -The document fails to address the noise and vibration impacts of nightly
traek maintenanee.
Comment C.13-1 0 -The document fails to address how the different design options
(tunnel, below grade, at grade, elevated belT11, elevated viaduct) affect noise impacts.
Mr. Dan Leavitt
April 14, 2010
Page 16 of21
Comment C.B-1I -The document fails to address how wind and weather pattems would
affect noise impacts.
Comment C.13-12 -Noise impact ratings should be indicated as "high" along most of the
San Jose to San Francisco corridor due to dense residential development.
Comment C.13-13 The document addresses noise impacts from 186 mile per hour (mph)
operations, but does not address noise impacts for 220 mph speeds through Morgan Hill
and Gilroy. .
Comment C.13-14 -The document fails to quantify the potential noise reduetion provided
by sound walls, paliicularly given the presence of two-story residences and the possibility
ofan elevated railway. Without an idea of how much sound attenuation and reduction can
be achieved through the use of sound walls, there is no way to conclude that such walls
have the potential to reduce noise impacts to a less than significant level. .
Comment C.13-15 -The proposed sound wall height appears to be inadequate to address
noise impacts. The document should include an analysis oflhe effectiveness of different
heights or document why the specific height was chose.
Commenl C.13-16 -The document fails 10 address impacts of sound walls on traffic noise
for adjacent streets. Vehicle noise on streets adjacent to the lIST con'idor may bounce off
the sound wall and back out into the community.
Comment C.l3-1? -The document does not address the combined noise and vibration
impacts of two or more trains passing by a location at the same time. Identify the noise and
vibration impacts of multiple, simultaneous trains.
C;14 . Population and Housing
Comment C.14-1 -The environmental document fails to evaluate the project impacts on the
jobs/housing balance in the region.
C.1S Public Services
Comment C.IS-1 .. No issues regarding public services have been identified at this time.
C;16 Recreation
Comment C.16-1 The document fails to address access, noise, dust, vibration, and visual
impacts to parks and recreational facilities along the conidor.
Comment C.16-2 -The document does not accurately identifY and consider all ofthe parks
and recreational facilities along the proj ect route.
Mr. Dan Leavitt
April 14, 2010
Page 17 of21
Comment C.16-3 -The Section 4(f) and 6(f) (Public Parks and Recreation) ROI is 500 feet
on either side of the HST alignment alternatives centerline in non-urban areas, 100 feet
from the centerline in urban areas, and 500 feet where stations or other HST facilities are
proposed(identical to the Cultural Resomees APE). Delineating the ROI or APE so
narrowly may lead to inappropriate conclusions. For example, a park just outside the ROI
would not be included in the alignment evaluation, but still would be affected by noise
impacts from the HST. For another example, peak hour construction noise levels could be
as high as Lmax 86 to 89 dBA at 100 feet, and sound exposure levels of 100 dBA would
occur at 60 feet from HST passby at 180 mph (Figure 3.4-1, p. 3.4-7), and potential
vibration impaets from HST operations extend to 200 feet (page 3.4-5, first full paragraph,.
line 5). Noise attenuates by 6 dBA for every doubling of distance, so a park 120 feet from
the eenterline in an urban area could nominally experience a 94 dBA sound level fi-om a
HST passby, and thus be impacted. The ROI for publie parks and recreation areas should be
defined by the spatial extent ofthe impact creating source, not an arbitrary number. Noise
attenuation is also affected by intervening buildings, vegetation, and topography, and thus
noise impact assessments are more appropriate for the forthcoming project-level
engineering envirorrmental review.
C.17 Transportation and Traffic
CommentC.l7-1 -Section 7.3.3 (Network Alternatives Evaluation) is extremely complex
and detailed. This seetion would benefit from a series oftables that summarize the
evaluation criteria and how they compare and rank. As it stands now, the text-only
explanation is dense and difficult to follow.
Comment C.l?-2 -Page 3.1-1, Section B, third paragraph states that the Traffic, Transit,
Circulation, and Parking sections use year 2005 data, whereas levels of service (LOS) for
station cordons is based on data for the year 2000, and parking data is from 2002 (page 3.1-
2, second and fifTh bullets). The reliance on 8-to lO-year-old data is misleading because the
economic conditions were different at that time.
Comment C.17-3 -It is conceivable that construction-related traffic impacts could extend
. beyond the I mile or 0.25 miles distance threshold from the suburban rail stations or
downtown station locations, respectively. Adherence to this threshold could understate
impacts.
C011l1nent C.17-4 -Table 6-1 on page 6-2 of the Revised Program EIR states that "The HST
Network Altemative would reduce the number of lJ:avellanes from six to four on Monterey
Highway between Umbarger Road and Metcalf Road (near Bailey Road) in the City of San
Jose." The EIR provides no information on the LOS impacts consistent with the
information provided for other rouies in Tables 3.1-2 and 3.1-3 in the Final Bay Area to
Central Valley HST Program EIRJEIS.
Mr. Dan Leavitt
April 14,2010
Page 18 of21
Comment C.17-5 -The document fails to address the transportation-related policies and
plans oflocal jurisdictions.
Comment C.17 -6 -The document docs not identify impacts to streets during construction,
including idcntification of detours and road closures. These construction impacts could
significantly affect traffic patterns and traffic flow for extended periods of time.
Comment C.17-7 The document does not ad\h'ess increased traffic and parking impacts in
the vicinity of proposed stations.
Comment C.17-8 -The Final EIR does not include any provisions for orimpacts of multi-
day parking at either Caltrain or HST stations. The need for multi-day parking further
reduces Caltrain's use as a feeder to the HST system.
Comment Col 7-9 -The document does not address impacts to pedestrian and bicycle paths
that parallel andlor intersect the proposed alignment.
Comment C.l7-10 -The document claims that Monterey Highway is underutilized, the loss
of two of the six lanes will not significantly affect traffic in the area, and the loss of these
two lanes would result in a decrease in traffic demand. The document fails to support these
conclusions, particularly the counterintuitive conclusion regarding the decrease in traffic
demand resulting from the decrease in traffic lanes. .
Comment C.17 -II -The Final EIR fails to address likely Caltrain service reductions as a
result of the project, how these service reductions would affect Caltrain's function as a
"feeder route" to the HST, and the subsequent effects on HST ridership figures. The
analysis should include consideration not only of capital improvements to Caltrain, but also
operational subsidies to assure that Caltrain remains viable.
C.iS Utilities
Comment C.18-1 -The document fails to adequately address the energy needs for the
project, the quantity of elech'icity required, and what infrastructure (transmission lines and
substations) would be required to bring the necessary power to the corridor. The document
only states that the State produces enough elechicity to serve the project's needs, and not
how that energy would he delivered to the lIST system. The analysis should identifY the
capability of existing lines to supply adequate power to the corridor.
Comment C.18-2 -The document fails to address other potential utility needs for the
project, and whether the infrastructnre is present to accommodate the project's needs.
Comment C.18-3 The document fails to identify the impacts of the relocation of all
utilities cUlTently located within or crossing the ROW. The relocation ofthese utilities
Mr, Dan Leavitt
April 14, 2010
Page 19 of21
could result in service intenllptions of water, wastewater, gas, electricity, telephone, and
cable service, and would represent an additional project expense,
C.19 Cumulative Impacts
Comment C, 19-1-The document fails to adequately address the cumulative impacts of
proposed Caltrain improvements, such as the proposed eloctrifieation of the Caltrain
system,
Comment C, 19-2 -The document fails to identify and address the cumulative impacts of
proposed roadway improvements along the entire corridor from San Francisco to Gilroy,
D. Alternatives
Comment D-l -The document fails to include infOlmation on the environmentally superior
alternative, thereby depriving the public of an oPPoliunity to comment on the methodology
used to identify that alternative,
Comment D-2 -The second Program EIRIEIS fails to analyze all alternatives at an equal
level of analysis as required by NEP A
Comment D-3 -The alternatives analysis is inadequate, inaccurate, incomplete, and biased,
as demonstrated under the following topics:
• ,The analysis of Altamont Pass Alternatives inaccurately portrays the operational
characteristics in a way that results in significantly underestimating the potential
ridership of those alternatives,
• The documentimpropedy and inaccurately discounted and found infeasible the
potential for the Altamont Pass Alternative to rebuild the Dumbarton Rail Bridge
iii a way that could be used by both the Caltrain Dumbarton Rail Project and the
proposed high-speed train.
• The document overemphasizes the aquatic impacts of rebuilding the Dumbarton
Rail Bridge and inaccurately discounts the likelihood of being able to obtain
environmental clearam,'e, At the same time, the document underestimates the
aquatic, wetlands, and wildlife impacts of the Pacheco Pass Alternative's crossing
. of the Grasslands Ecological Area and discounts the difficulty of obtaining
environmental clearance for such a crossing.
• The document improperly and inaccurately overemphasizes the impacts of a
corridor through the cities of Pleasanton and Fremont, while underestimating the
impacts of a corridor along the San Francisco Peninsula.
• The document underemphasizes the impacts of running the corridor through
portions of San Jose south of San Jose's Diridon Station by not disclosing the
Mr. Dan Leavitt
April 14, 2010
Page 20 of21
absence of undeveloped land outside of the Union Pacific corridor south of that
station.
Comment D-4 -The document does not indicate whether Caltrans has given any sort of
recognition or approval to the nan'owing for Monterey Highway for the installation of the
HST lines. Until tlus authorization is obtained, then the alternatives involving the use of the
Monterey Highway ROW are no more viable than the UPRR ROW.
Comment D-5 -The Henry Miller alignment altemitive (UPRR Comleetion), one of the
Uu-ee aligmnent altematives south of Gilroy, involves the lise of the UPRR ROW (pages 2-
16 and 2-17). This alternative should be rejected as UPRR has clearly stated that it will not
share its ROW with the HST project.
Comment D-6 -The Revised Program EIR dismisses the various Altamont alternatives
because. the identified routes required use of the UPRR ROW, which UPRR has stated that
it will not share with the HST project. No serious attempt was made to identify and evaluate
non-UPRR Altamont alternatives with the same level of detail as the San Jose to Gilroy
non-UPRR altematives.
Comment D-7 -The Program EIR dismisses aligmnents between San Francisco and San
Jose other than the Caltrain corridor with only a cursory analysis, and this dismissal
precludes a detailed analysis of potential viable aligmnent alternatives and excludes related
public comment at the Project ElR level. Most ifnot all of the other segments of the HST
system involve consideration of more than one aligmnent, and the segment from San
Francisco to San Jose deserves the same level of alternatives analysis. The following is a
partial list ofaltemative aligmnent routes that should be considered in the Program EIR at
the same level of detail as the preferred alternative:
• The doclUnent should analyze a Highway 101 alternative that involves an
AltamontIDlUnbarton crossing of the Bay, joining a Highway 101 ROW route near
Menlo Park and Redwood City, and following the Highway 101 ROW to a point
near the South San Francisco Callrain station. The route \vould then follow tile
Caltrain corridor to downtown San Francisco. This alternative would avoid most of
the Callrain corridor atul eliminate most of the devastation to the residential
. neighborhoods that would be caused by the current Caltrail1 alignment alternative.
This Highway 101 alternative would also reduce most of the impacts to schools,
parks, and historical sites along the Caltrain cOlTidor, and could be less costly than
the Caitrain cOITidor alternatives, particularly in regard to undergrounding the HST
rail lines.
". The document should address and analyze alternative alignments within or along the
Callrans ROWand Highway 280.
• The document should address and analyze all alternative where the HST aliglUuent
ends in San Jose, and then passengers transfer to Caltrain.
Mr. Dan Leavitt
April 14, 2010
Page 21 of21
Comment D-8 -TIle document does not address alternatives that would reduce the number
of tracks to less than four. The ridership forecasts are flawed and grossly optimistic.
Realistic ridership projections may conclude that only two or three tracks would be required
for the HST project, not the four tracks currently proposed. Once the forecasted ridership is
conected to (1) reflect CUiTent predictions rather than the outdated and inflated figures used
in the current ElR, and (2) remove the East Bay ridership from the San Francisco station
forecasts, then the reductions in projected traffic volume could result in the need for less
than the 4 sets of tracks proposed between San Francisco and San Jose, and it may even be
possible for the HST system and Caltrain to share only the 2 existing sets oftracks.
COlTImentD-9 -The document provides a "low" or "medium" impact rating for segments
that pass alongside residential development, wheu that rating should be higher. A proper
weighting of the relative impacts of the various alignment altematives would provide a
more accurate assessment of which alignments are environmentally superior.
Comment D-l 0 -The various con-idor segments passing through Palo Alto should be
analyzed and diseussed in an equal and equitable mamler in order to appropriately assess
which corridor alternative is truly the euviromnentally superior alternative.
E. Response to Comments
Comment E.I -The responses to comments are often perfullctory or conclusory, and not
supported by substantial evidence.
The City of Palo Alto appreciates the opportunity to provide these comments on the
Revised Draft Program EIR for the Bay Area to Central Valley HST Project.
Please contact James Keene, City Manager, at 650-329-2563 for fmther information and
coordination.
Sincerely,
PAT BURT
Mayor
cc: City Council
James Keene, City Manager
Dominic Spaeth ling, CAHSR
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ATTACHMENT B
City Council High Speed Rail Subcommittee
Guiding Principles
Adopted May 18, 2009
The City Council High Speed Rail Subcommittee, consisting of four members, is
designated by the City Council to represent the City in public in meetings with
community groups and stakeholders, when speaking to other public agencies, when
. providing wlitten c011'espondence in advocating for legislation related to high speed rail. . .
The Subcommittee will have the authority to speak on behalf of the City Council at
hearings on short notice when full City Council discussion at a regularly scheduled
Couneil meeting is not feasible. In such cases the Subconmlittee should be guided by
broad principles that are consistent with existing City Comprehensive Plan and adopted
City Council policies.
In order to ensure consistency with existing City Council positions and policies, the
Subcommittee will be guided by the following principles:
• The City is supportive of efforts to improve accountability and effective
govemance of high speed rail planning and operations.
• The City advocates advancing economic feasibility analysis and project financing
options by High Speed Rail Goveming Body to implement selected altematives.
• The Ad Hoc committee will work with peninsula cities coalition to draft
Memorandum of Understanding with Caltrain and HSRA and retum to full
Council for review and approval.
• The City understands the opportunity to apply for Federal stimulus funding but is
concemed that enough time is allowed for appropriate analysis, public process,
and decision making.
• The City recognizes that High Speed Rail, if done correclly, has the potential to
minimize adverse impacts and be beneficial to the community.
• While acknowledging that the cnrrellt direction for the San Jose to San Francisco
High Speed Train project is to use the Caltrain light,of-way as the for the high
speed rail corridor betweell San Jose and San Francisco, the City is open to and
could support altemative alignments.
• The Ad Hoc Committee will be guided by the City of Palo Alto Scoping
Comments for the Califomia High Speed Rail Authority's San Francisco to San
Jose High Speed Train (HS1) Environmental Impact Report/Environmental
Impact Statement (EIR/EIS).
• The City SUppOlts Caltrain electrification and improved commuter rail services
betwcen San Francisco and San Jose. The City SUppOlts evaluation of operating
conditions along the Caltrain right-of-way that would be conducive to a high speed
rail intercity Connection in San Jose, with improved Caltrain conmmter rail service
between San Jose and San Francisco.
• The City is supportive of exploring creative ui:ban design and use of context-
sensitive design processes that consider community values in collaborative
community-sensitive planning and for the high speed rail project.
• The Subcommittee shall provide monthly reports fothe Council on the activities of
thc Peninsula cities Consortium ..
• The Subcommittee will meet regularly with community leaders and stakeholders
to inform and involve the larger Palo Alto community in the planning, review,
oversight and decision-making for the San Francisco to San Jose HST project.
'I.
..
TO: HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
APRIL 19, 2010
DEPARTMENT: ADMINISTRATIVE
SERVICES I CITY MANAGER
CMR: 194:10
REPORT TYPE: ACTION
SUBJECT: Report on 2009 Climate Protection Plan Goals and Approval of
1) Expanding the Greenhouse Gas (GHG) Emissions Goals and Reduction
Plan for City Operations in 2012 to 20%,
2) New Initiatives to Accelerate GHG Reductions and Cost Savings for City
Operations.
RECOMMENDATION
Staff recommends that Council (1) review the results of the greenhouse gas (GHG) reduction
plans for Calendar Year 2009, (2) expand the 2012 reduction goals first proposed in December
2007 for City operations in order to stimulate additional cost-savings opportunities, and (3)
approve the implementation of new initiatives to promote GHG reductions and energy savings.
EXECUTIVE SUMMARY
On December 3, 2007 (CMR: 435:07), Council requested that staff develop a greenhouse gas
reduction plan, focusing on short, medium and long term goals. The short term goal, as
describ,ed in the Climate Protection Plan, was a 5% reduction in emissions from City opel'ations
in 2009 from the 2005 baseline levels. All references to years in this report are Calendal' Years
unless otherwise indicated. Council also recommended that staff continue to monitor the City's
and community's emissions and report back regularly ,to Council and the community on
greenhouse gas emissions and actions to reduce those emissions. To achieve this short term goal
for City operations, staff refined the 2005, emissions estimates, and developed a 2009 carbon
budget for each City department. Each department in turn has developed an emissions reduction
plan, approved by the department Director. These plans, and the estimated cost savings and
emissions reductions, were presented in April 2009 (CMR: 213 :09). The web links to the
CMR's discussed are provided at the end of this report.
CMR: 194:10 Page 1 of 14
In order to effectively monitor and report city operations emissions, staff contracted with a local
vendor, Hara Software, in 2009 to provide an energy and environmental management and
reporting package as a software-as-a-service application. The Hara system is now being used to
track the implementation and completion of each Department's initiatives, and the City's use of
natm-al gas, electricity, liquid fuels (gasoline, compressed natural gas, and diesel), and paper on a
monthly basis. In addition, annual assessments of emissions from solid waste and employee
commute have been included in the system.
Based on the Hara application analysis, the City's progress to reducing GHG emissions as well
as City expenditures on consumption have met the Council directives for 2009. The total
emissions from City operations declined by 11 % in 2009 over the baseline year of 2005
(excluding the employee commute estimates). The largest reductions in emissions were the
result of reduced natm-al gas and electricity usage, solid waste, and a reduction in paper usage.
Consumption and the corresponding emissions for liquid fuels and water increased over this
period. Reductions in electricity, natm-al gas, paper and solid waste avoided City costs of
approximately $529,000. These savings were partially offset by increases in the use of gasoline,
diesel, compressed natural gas and water. Total avoided cost savings were approximately
$185,000, when the increased consumptions were included.
Overall, of the. 166 actions committed to, 121 have been started or completed. The average
completion percentage of all initiatives started is 65 percent.
Preliminary community emissions from gas, electricity and water in 2009 in comparison to the
baseline 2005 shows that the community slightly reduced GHG emissions, although a full
inventory will need to be done in 2012. Community emissions from electricity were up-fromlmn-----
2005 to 2009, with a corresponding increase in GHG emissions by 6,723 metric tonnes (16.7 mil
kwh x .89 lbs/kwh). Water consumption was down by 3%, or 153,000 CCF. Natm-al Gas
consumption was down less than 1 %. Solid waste emissions are estimated to have declined by
23%.
BACKGROUND
At its December 3, 2007 meeting, City Council approved staff s recommendations in the Climate
Protection Plan (CMR 435:07). These recommendations centered on three key emissions goals:
l)a GHG reduction of 5% in City operations in 2009 from the 2005 baseline values, 2) a GHG
reduction of 5% in City and community emissions in 2012, and 3) a GHG reduction of 15% in
City and ((ommunity emissions in 2020 from 2005 levels. Council also directed staff to continue
to monitor and report back to Council on GHG emissions and actions to reduce those emissions.
In addition, Council directed staffto create an annual on-line green report card that tracks actions
and outcomes based on the baseline and goals identified in the Climate Protection Plan.
The refined estimates described in CMR 435:07 report that Palo Alto's C02 emissions from the
Community total some 752,629 metric tonnes. Of this total, some 30,000 metric tons are from
City operations (CMR 213:09). These data are summarized in Figm-e 1 below.
CMR: 194:10 Page 2 ofl4
Figure 1.' Greenhouse Gas Emissions from City Operations and
the Community from 2005
Emissions from City Operations
Employee 29,364 Metric Tonnes
Travel Solid Waste Paper
0% 0%
Water
1%
Compressed
Natural' Gas
0%
Diesel
5%
4%
Community Emissions (752,629 C02 Metric Tonnes)
Upstream
from
Discarded
Recyclables
54,838 mt , 7%
Transportation
218;019 rnt
29%
Solid Waste,
45,466mt 6%
Biogenic,
22,970 mt, 3%
Natural Gas
Leakage,
19,358 mt, 3%
Note: In the 2007 Climate Protection Plan (CMR435:07), components oj City Operations Emissi~ns included Biogenic Waste and Natural Gas Pipeline Leakage. As was explained in
subsequent staff reports (CMR: 213:09) new reporting protocols prompted staff to remove
those emissions from City operationiand place them in Community emissions.
CMR:194:1O Page 3 of 14
City operations accounts for only about 4% of Palo Alto's total emissions, highlighting the need
for signifiQant community involvement in order to reach the next target, which is 5% of
community emissions, or 37,631 metric tonnes of C02 by 2012. The long term target of 15% by
2020 will require both strong leadership from city operations and significant community
involvement, but is a similar target to most other cities (See Attachment 2).
DISCUSSION
This discussion is organized in the following sections:
1. City Operations -Emissions and Cost reductions realized
2. ' Community -Preliminary Emissions and Cost reductions realized
3. ' City Operations -Emissions and Cost reductions future target and strategies
4 .. Community -Emissions and Cost reductions future target and strategies
5. Comp\lrable Community Goals
6 .. Continued Monitoring and Reporting
Staff implemented the Council mandated reductions by developing a program to reduce short
term emissions by at least 5% in 2009 from 2005 levels. This program included developing a
carbon budget for each department in the City to allocate the required emissions reductions.
These carbon budgets were allocated and reported in April 2009 (CMR: 213:09). In that report,
each department developed a series of GHG reduction plans which each Director committed to
implementing. In addition, staff committed to full implementation of a long term emissions
monitoring and reporting program which would track both emissions reductions as well as
energy and cost savings from the actions implemented.
1. CITY OPERATIONS -EMISSION AND COST REDUCTIONS REALIZED
Departmental Emissions Reduction Plans
The department plans focused on reducing the key' emissions factors identified in the original
Climate Protection Plan, namely: natural gas, electricity, fuels, solid waste, employee commute,
and paper usage. Many departments operating in City Hall and possessing no heavy equipment
were: naturally limited in the scope of their reduction plans. Departments focused on reducing
electricity usage through conservation, increasing recycling of solid waste, increased alternative
commute for staff, and paper savings efforts. Few of these efforts represented any increase in
costsl and most centered on behavior changes.
A total of 166 emission reductions initiatives were developed by City departments and
committed to by department Directors (CMR 213:09). Of that total, 121 were initiated and
progress status entered into the initiative trackil).g system in Hara. The initiatives were classified
under five main categories: employee education, electricity conservation, paper reduction,
commute reduction and waste reduction. Most of the initiatives were carried out in no cost to the
City, and primarily focused on changing employee behavior. The average completion rate of the
CMR: 194:10 Page 4 of14
initiatives is 64%. Approximately 36% percent of the initiatives are fully implemented, the
remainder requiring additional work. Because many departments share meters with others, such
as in City Hall, assessing the Department-specific impact of many initiatives was problematic.
Impacts from initiatives which were focused on one facility in one department, such as the
Regional Water Quality Control Plant (Public Works) or Elwell Court (Utilities Department),
were able to be better quantified compared with initiatives by Departments operating in co-
located buildings. The results of the departments' initiatives, in terms of emissions reductions
and cost savings are presented below.
Emissions Reductions
Total emissions declined from 29,364 metric tonnes in 2005 to 25,518 metric tonnes in 2009, a
12% reduction, surpassing the Council mandated 5% reduction. However, 20% of this total
reductioll is due to a decline in employee commute, which is largely a result in a reduction of
stafffrom2005 levels. Excluding the commute data, the overall GHG reduction was 10%. This
data is summarized in Table 1 below. Consumables are defined as electricity, natural gas, water,
liquid fuels, and paper. Staff was able to account for changes in consumables through the
various electronic databases used to track such purchases. This billing data was directly
downloaded monthly into the Hara system. Changes in emissions from employee commute were
estimated from the anriual commute survey. Changes in emissions from zero waste from City
operations were derived 'from facility service levels as collected by the Public Work's Zero
Waste Program.
While all departments contributed to the energy savings efforts, some departments had greater
oppotiunities to save. The City's Water Quality Control Plant, which is the City's largest user of
electricity and natural gas, made the following energy efficiency efforts:
• Replaced natural gas used in the biosolids incinerator emissions control equipment with
landfill gas that had previously been burned in a flare
• Improved the aeration basin biological treatment system process control system
• Replaced 19,000 air diffusers with new diffusers that are more efficient
• Installed variable frequency drives and a new control program for the trickling filter
pump motors
• Replaced about 600 existing lighting fixtures with state-of-the-art energy efficient
fixtures
As a resuit, the Water Quality Control Plant's electricity consumption dropped from 17.4 million
kwh in 2005 to 15.7 million kwh in 2009. Likewise, natural gas .consumption dropped from
696,000 therms in 2005 to 465,000 therms in 2009. These reductions accounted for more than
75%ofthe City'S total electricity and natural gas savings. In terms of greenhouse gas emissions,
the Water Quality Control Plant reductions are responsible for 50% of the City'S non-commute
emissions reduction.
An additional example is the electric efficiency program carried out by Utilities in the Elwell
Courts facilities. City's Utilities Engineering Division occupies thirteen thousand square feet of
commercial space at 1007 Elwell Court. During 2009, approximately 110 lighting fixtures at this
facility were converted from the less efficient Tl2 fluorescent fixtures to the more efficient T8
CMR: 194:10 Page 5 of!4
fixtures .. This change resulted in a 40% reduction in lighting related energy consumption, saving
4,300 kwh/month. The co~t of installing the new fixtures was $16,000 and is estimated to result
in $6,000 annual electric bill savings.
For those departments housed in City Hall, the lack of meter density meant that individual efforts
could not be evaluated and the drop in electricity demand for individual departments could not
be verified. However, those efforts did have an effect in that electricity consumption in City Hall
dropped from 3,699,005 kwh in 2008 to 3,422,751 kwh in 2009,. a reduction of 7% coincident
with the start ofthe electricity conservation initiatives. In addition, gas consumption at City Hall
declined from 61,915 therms to 52,411 therms, a reduction of 15%. One key initiative involved
an infrastructure upgrade in City Hall, where some transformers were replaced, the boiler was
replaced, chiller and hot water pumps/motors were replaced, the building fan units were
completely refurbished with new motors and variable frequency drives, garage fans refurbished
with new motors and variable frequency drives, fans were re-balanced, and partial new control
system for mechanical equipment was installed. All motors in this project were replaced with
high efficiency motors. Cost of the project was approx $5M. Of the total, mechanical upgrades
were approx $2.5M"and electrical upgrades were $500K.
Emissions from City employee commute did appear to decline from an estimated 3,640 metric
tonnes of C02 in 2005 to 2,500 metric tonnes in 2009. based on a commute survey of city staff.
The result of this survey suggested the decline was primarily due to a reduction in staffing with a
small decrease resulting from an increase in the number of employees using van pools.
The data presented in Tabled 1 suggest a marked increase in water consumption by the City
operations between 2005 and 2009. However, this trend is likely obscured by several factors.
Certainly 2009 served as the last year of a multi-year drought compared to 2005 with average
r~infall. However, jn 2008 and 2009, the Utilities Department undertook a major effort to
enhance the effectiveness of the water metering system by repairing or replacing many older
meters located at city facilities. As a result, the observed'increase in water consumption may be
largely an artifact' of improved metering rather than increased water consumption.
Cost Reductions
Savings of approximately $530,000 were realized through reductions of electricity, natural gas,
and paper consumptions and solid waste generation between 2005 and 2009 (Table 1). The
City's electricity and natural gas savings were offset by increases in the use of gasoline, diesel,
compressed natUral gas and water. Total cost savings were approximately $185,000, when the
increased c()nsumptions were included. ' .
As noted above, some Departments have greater opportunities t() save on energy expenditures
through conservation. The Water Quality Treatment Plant, where energy consumption dropped
from 17.4 million kwh in 2005 to 15.7 million kwh in 2009, annual savings amounted to
$136,000. Reductions in electricity use from infrastructure investments and departmental actions
in City Hall amoUnted to· $36,425 in cost savings. Reductions in natural gas use saved an
additional $10,430.
CMR: 194:10 Page 6 of 14
Table 1.
-Other Recyclables pounds
-Potentially Recylable pounds
-Problem Materials pounds
-Recyclable Paper pounds
CMR: 194:10
Consumption
1,602,834
102,776
1,869,943
GHG Emissions
(Metric T onnes)
1,319
245
-
Consumption
1,244,966
79,806
1,447,140
and 2009 Cost Savings
GHG Emissions
(Metric"Tonnes)
1,025
190
Page 7 of14
Percentage
In-!=rease/(Reduction)
-22%
-22% I
City Cost of I Cost
Consuniable Increase/(Savings)
Variable I (2,1
2. COMMUNITY OF PALO ALTO -EMISSIONS AND COST REDUCTIONS
REALIZED
The community accounts for 96% of C02 emissions from within the City limits as reported in
the Climate Protection Plan (CMR 435:07). In the preparation of this update, staff did not
carry out a comprehensive update of community emissions to include transportation or solid
waste. However, using data contained in the utility billing database, comparisons between the
2005 and 2009 calendar year emissions from the community were available for gas, electricity
and natural gas. These results are summarized below.
Table 2. Changes in Community Energy Use and
ReSUlting GHG Emissions 2005 and 2009
.
2005 2009 Percentage
Commodity Unit Usage' Usage' Change Increase
or (Decline)
Natural Gas MMBTU 3,183,562 3,178,828 -0.15%
Electricity Kwh 996,094,590 1,012,752,060 1.67%
Water CCF 5,321,564 5,168,003 -2.89%
Solid Waste tons 69,491 53,7453 -23.0%
Total
I. Data from Chmate ProtectIOn Plan.
2. Data from Hara Environment and Energy System
3. Data from Public Works
Change in CO2
Emissions in
Metric Tonnes
-251
6,731
-186
-18,322
-12,028
Based on these numbers, emissions from the community have decreased by a little less than 1 %.
However one major emissions factor, transportation, could not be estimated as part of this report
because of the resource requirements required to carry out such an assessment.
Staff have implemented, developed and managed many programs to reduce residential and
businesses GHG emissions as listed in Attachment 1. Such programs are:
• Energy efficiency programs and rebates
• Solar PV and Hot Water programs and rebates
• Green Building program
• Storm water retention rebates
One other program provided by the Utility's Marketing Services Division (UMS) to reduce GHG
emissions in the community is PaloAltoGreen. It is an extremely successful, nationally ranked
renewable energy program in which over 21 % of Palo Altans are participating. The average Palo
Alto household participation in PaloAltoGreen reduces carbon dioxide (C02) emissions by 9,500
pounds a year. PaloAltoGreen also supports the growth of renewable energy facilities and clean
CMR:194:IO . Page 8 ofl4
tech jobs. The program purchases Green-e Energy certified renewable energy exclusively from
new wind projects in Oregon and Montana for 97.5% of the program. The remainder of
PaloAltoGreen supply (2.5%) comes primarily from Palo Alto power purchases. UMS also
offers many appliance rebates, energy audits and PV partners program, which all contribute to a
reduction in C02 emissions.
3. CITY OPERATIONS -FUTURE TARGETS AND STRATEGIES EMISSIONS AND
COST REDUCTIONS
The effect of the GHG reduction and efficiency programs has been to reduce greenhouse gases
. as well as reduce City expenditures for energy, water, paper, and waste services during a time of
economic crisis. As noted above, cost savings from reduced energy and paper use and solid
waste geheration amounted to $530,000 per year. Further significant cost reductions can be
achieved by jmplementing additional energy efficiency and GHG reduction strategies. Based on
our analysis of the energy and material use and solid waste generation, several programs need to
be reassessed in order to achieve the goals recommended in this report while simultaneously
achieving cost reductions required by the current fiscal environment. The report issued by staff
in 2008 (CMR 308:08) presented a number of detailed proposals for initiatives which would
lower energy costs, provide positive GHG benefits, and show a positive return on investment.
Combining the blueprint from the cost benefit analysis with the near real-time information
available from the Hara system provides the analytical and strategic basis for a more
cOmprehensive and aggressive cost cutting process. Below are a series of suggested avenues for
Council to consider in expanding the GHG reduction goals while driving down the cost structure.
These suggestions center on changing the business-as-usual practices within city operations
while enhancing the incentives and rewards system to capture cost savings. Staff is
recommending that council approve the following initiatives.
1. Provide greater incentives for energy and cost reductions
A. Linking Goals and Objectives with cost savings and GHG reductions. With the
implementation of the Hara system, the City can now estimate or directly track energy
and resource cost savings for each Department from utility bills. The City can track the
implementation progress of energy saving initiatives for all departments. This provides a
feedback process for Department senior managers to actively manage their energy costs.
Progress on achieving energy savings and implementation of GHG reduction actions
should be directly linked into performance evaluation. The linking of depmtmental goals
and objectives with cost savings will need to take into account those departments with
facilities which are co-located with other departments.
B. Continue implementing initiatives committed to by departments. The data analyzed
through the Hara system clearly indicates that both large infrastructure investments, as
well as changes in personal behavior, have an impact on costs and GHG emissions. If
Departments re-focused on completing the initiatives proposed and committed to in 2009,
emissions and costs from electricity and natural gas consumption, as well as from use of
liquid fuels would further decline.
C. Address City-Wide Activities. While departmental actions have significantly reduced
energy costs, additional opportunities exist on an enterprise-wide basis. For example,
CMR:194:10 Page 9 of 14
computers. likely account for a significant, but unknown, fraction for all electricity used
by individual departments, especially in the General Fund. Mountain View has
implemented a system-wide computer power management system which saves $24 per
computer per year, or a total after costs savings of $14,063 to the City'S 600 computers.
The return on investment for this initiative in Mountain View was less than 6 months.
San Jose is currently implementing the identical system. The City of Palo Alto supports
approximately 1,000 computers and an enterprise wide power management system could
provide savings approaching $30,000, much of which would apply to those departments
supported by the General Fund.
2. Empowerelllployeesto implement changes
Empowering employees to promote and.implement actions to reduce GHG emissions and
costs requires a confluence of factors: administrative flexibility, a transparent system for
recognition, proj ect funding and possibly reward, and senior management support. Many
employees recognize changes in operations that could significantly cut costs.
· Implementing such changes faces bureaucratic impediments, lack of funding mechanism,
and departmental silos. To continue to reduce costs, the City needs to help employees
1:Jreak through these barriers.
Staff recommends that the City elevate the linkage between cost cutting and GHG
reductions. A cross-department team reporting directly to. City Manager's office . with
.limited funding for high return-on-investment projects and the authority to implement
actions would achieve both objectives. This group would receive requests for initiative
funding from departments and allocate funding for those projects which met pre-
established criteria and provided a positive net present value for energy saved.
3. Re-evaluate employee transportation strategies
Transportation issues continue to challenge both the City and the Community with regard
to energy costs and GHG emissions. Based on the data presented here, the results of the
cost benefit study of 2008 (CMR 308:08) as well as the results. presented in the "Audit of
Fl~et Replacement and Utilization" all suggest that the transportation strategy for
employees coming to work and while working provides significant opportunities for cost
savings and GHG reduction
A. Commute Incentives. Employee commute represents approximately 14% of total
· emissions from City emissions. The current Commute Incentive program does not
appear to provide adequate incentive for employees to switch public transportation, at
least in the absence of extremely high gasoline prices. However, additional support for
the commute programs would require additional revenue sources .
. One r.evenue source described in detail in the 2008 (CMR 308:08) is the parking buyout
· program. This program entails the City providing a financial incentive for employee's to
give up their parking permits (and signing a promise not to park in residential or
commercial spaces in the University area), and the City then selling these open spaces to
businesses or the general public for additional revenue. As described in CMR 308:08, a
number of Cities and businesses have used this approach to reduce their carbon footprint
CMR:194:10 Page 10 of 14
and enhance their revenue. Practical issues would need to be addressed, including
discussions with the various bargaining units representing city employees.
A proposed change to the existing commuter program is described in the accompanying
staff report Update on City Sustainability and Environmental Initiatives (CMR:200: 10).
This change adjusts commute incentives to be based on distance and commute costs, as
opposed to a flat disbursement. This proposal has no revenue impact.
B. City Fleet. Emissions from vehicle use increased by 780 metric tonnes, with costs
increasing by roughly $180,000, as detailed in Table I. The Public Works Department
continues to pursue alternative fuel/clean air vehicle strategies in pl'ocurement of new
City vehicles. Use of the City Fleet is the subject of a detailed evaluation by the City's
Auditor. The two key points of that report are 1) changing the management of pool and
departmental vehicles from its current system to that of only City-wide pool vehicles with
an online reservation system all general transportation vehicles would significantly
reduce costs, and 2) too many vehicles are driven' too few miles. Both of these
suggestions have significant impacts on costs and GHG reduction. Many other Cities
have abandoned vehicle assignment to departments and individuals (as the City currently
does), preferring to have a general small pool of vehicles combined with a system of
. paying a per"mile fee for staff use of personal vehicles. This trend is both a cost cutting
and a sustainability effort, especially when full cost accounting is used to assess GHG
emissions from a vehicle's production, use and scrapping.
With regard to the 2012 goal for City operations, staff believes that significantly greater cost
savings can be achieved through continued monitoring and evaluation of energy consumption
and expanding the energy conservation program. As noted above, many of the initiatives have
not yet been fully implemented, and essentially all of the projects implemented carried no up
froht costs.
The cost benefit study carried out by the City in conjunction with the consultant URS (CMR
308:08) identified a number of actions which had very low costs to the City but which could
significantly reduce energy consumption within the City. The future LEED Gold Mitchell Park
Library ahd community center will also have a significant impact on oUr facilities emissions,
which would potentially push us faster towards our higher goal. Staff recommends that the
Council consider a 20%·reduction in C02 emissions from City operations in 2012 over the 2005
baseline as a way to stirnulate highly cost effective actions and accelerate additional cost savings.
4. COMMUNITY -EMISSIONS AND COST REDUCTIONS FUTURE TARGET AND
STRATEGIES
With regard to the Community goal, staff is developing plans and projects to enable community
GHG reductions to reach our 2012 goal of 5% for Palo Alto as a whole. The plan that Staff is
developing is a three part initiative.
CMR:.194:IO Page II ofl4
The first step is. education and outreach activities. Staff will work closely with Community
Environmental Action Partnership (CEAP) to. help in their efforts. CEAP was formed in 2008 to
help the community reach the goals of the 2007 Climate Protection Plan. CEAP brings several
segments ·of our community together to share knowledge, build mutual understanding, leverage
resources, and both create and implement innovative environmental solutions.
Staff has approached the local newspapers to partner with them to promote awareness and
understanding of carbon emissions. Staff has also reached out to the Palo Alto Unified Schools
through the Sl)stainable Schools Committee and CEAP to work with the teachers, provide
program ideas and information to engage the students, and hopefully their parents, in
understanding their carbon footprint. Staff and interns are developing a carbon calculator which
can be used in many different areas of our community and can be distrib\\ted through CEAP and
1llal\y, other community groups. The carbon calculator we are developing is specifically Palo
Alto, with specific information related to our energy mix and service offerings.
The second step is for the information to be readily available to the residents and business, and to
that end, staffis working with the Utilities' bill redesign team to see if greenhouse gas (OHO)
emissions can be. displayed to the customer, perhaps even right beside the bill iqformation.
The third step is a catnpaign to reduce. one's OHO emissions. Staff feels that it is absolutely
necessary f<,lr the community to first understand what their emission is before asking them for
reductions. It is also to be noted, that significant research and case studies indicate that even just
a simple recognition of what ones potential impact is could reduce ones' usage 01' impact by as
much as 7%.
This.thl'ee part initiative is complemented by the many programs that Utilities Marketing
Servjce.s (UMS)team manages and the Green Building progratns promotes. Incentives for water
and energy effici(mcy have a great impact on one's OBO emission, and the connection and
messaging may be further developed as our climate protection goals become more challenging.
Palo Alto's Oreen Building program requires certain measures which have a significant impact
on the community's carbon emissions. Public and private new construction and major
renovations are required to reduce the City's current emissions, and avoid an even greater
increase typically experienced with new development. Some of the strategies produce one time
savings, while other are experienced over the life of the building, such as building energy
efficiency, reduced home size, photovoltaic systems, energy-efficient appliances (including non-
HCFC refrigerants), construction waste recycling, and water savings from efficient landscapes
and plumbing fixtures. Carbon emission reductions and avoidance differ by project type and the
strategies chosen to meet the green building ordinance. There are approximately 200 projects per
year going through the green building program. In the future, this progratn will expand to
include more projects and therefore will have a greater impact. See the Oreen Building Annual
Report provided to Council in conjunction with this repoli for more information.
CMR:194:10 Page 12 of 14
5. COMPARABLE COMMUNITIES' GOALS
Staff has kept track of what other cities, states and countries are committing to with respect to
GHG goals. Attachment 2 compiles these findings. It is important to note that the County of
Santa Clara and other nearby municipalities have adopted a more far reaching goal of 80%
reduction by 2050. A goal of 80% GHG reduction would mean significant changes in our
community. Specifically what those changes would be are hard to estimate, but would include
increased use of public transportation and non fossil fuels modes· of transport, more efficient
buildings, and smaller homes with a denser footprint. Staff has considered this goal and feels
that it may 'also'be within the goals of the Climate Protection Plan and the priorities of the
council, but waits for council direction if this initiative should be taken.
6. CONTINUED MONITORING AND REPORTING
The continued detailed monitoring of meter, facility and department emissions is vital for a
number of reasons. Firstly, reporting regulations, as well as voluntary reporting procedures to
which the City has committed, will require additional depth and detail. Without the commitment
of additional staff to this process, the system can allow the City to continue to produce the
required reports, which are expanding in 2010 to include the addition of several high-potential
greenhouse gases, .
Perhaps more importantly, this monitoring is the only approach that permits the analysis of the
effectiveness of energy efficieiicy programs and provides opportunities to identify and pursue
cost savings within operations.
RESOURCE IMPACTS
Approximately 0.25 FTE are expended by staff to monitor the city operations GHG emissions
and energy conservation results; continue inputting energy data into the Hara system, managing
the reporting process and publishing the results of the City website. Staff time commitments
currently associated with the community outreach are approximately 0.25 FTE, including staff
and interns in the City Managers office"·and the' Community Environmental Action Partnership
(CEAP). These activities are currently carried out by existing staff performing other duties.
ENVIRONMENTAL REVIEW
Approval of staffs \)ontinued monitoring of the' City's greenhouse gas emissions does not meet
the definition of a "project" pursuant to Sec. 21065 of the California Public Resources Code and
thus a California Environmental Quality Act (CEQA). review is not required.
CMR:194:IO Page 13 of14
WEBLINKS for CMR's REFERED TO IN THIS REPORT
1. CMR 435:07. City of Palo Alto Climate Protection Plan:
http://www.cityofpaloalto.org/civicaifilebankiblobdload.asp?BlobID=9940
2. CMR 308:08. Review of Results of Cost-Benefit Analysis of Climate Protection Plan and
Direction to Staff on recommended follow-up Actions.
http://www.cityofpaloalto.org/civicaifilebanklblobdload.asp?BlobID=I2872
3. CMR 2l3:09. Approval of 1) Greenhouse Gas Emissions Goals and Reduction Plan for 4009,
2) Continued Monitoring of Emissions from City Operations, and 3) Expansion in the Reporting
of Emissions to the Community.
http://www .cityofpaloalto. org! ci vicalfilebanklblo bdload.asp?B 10 bID= 15 5 61
ATTACHMENTS
Attachment 1. Utility Marketing Services Energy Efficiency Measures and Greenhouse Gas
Emission Reductions and Cost savings for the Community
Attachment 2. Comparable City, County, and Country Greenhouse Gas Emissions Reduction
Targets,
PREPARED BY:
KARL V AN ORSDOL,
Energy Risk Manager
DEPARTMENT HEAD APPROVAL:
Assistant City Manager
CITY MANAGER APPROVAL: ~~lo~ ~~~p,.MES KE, ENE
~lty Manager ,
CMR:194:10 Page 14 of 14
Attachment 1 -Utility Marketing Services Energy Efficiency measures and GHG reductions and cost savings.
' ... '. >, c . .. " .. '.<. .\ c··.· "COi~eductions for ..... . ........ . _G~:~~Dg~ (Tbern$)' ' '. '. ,':' ::Netil~C~ic,Sa~ingS'(KilOWaif-HO~-~~-.k~b/~~~· _ ". COS~'savings:to_ Cominunity ~D Metric ~. :_/. :~ ':.~_Dlmllri!ty ~ _. Residential .... Commercl3J ...... Residential ' _ -Commercial,. :'_' ,,: -, tonnes-, " '.'
Residential Energy Assistance Program (REAP) 2,800 535,707 $ 86,147 234
Residential Smart Energy Rebates 30,133 362,060 $ 111.231 330
Refrigerator Recycling 421,893 $ 63,706 170
Residential CFL's Included with Smart Energ)
Other Residential Included with Smart Energ)
Measures WIth ~~ Water efficiency measures witl
Water Rebates with Santa Clara Valley Water Water efficiency 9,32 savings 6,57 electric saving $ 27,821 97
District
2,131 $ 322 1
Commercial Advantage Energy Rebates 94,639 1,869,334 $ 411,803 1,332
Solar Water Heating 725 0 3,100 $ 4,461 6
Right Lights Commercial Installations 1,834 1,476,586 $ 203,869 608
1 Year Annual S3vings Totals 42,985 103,043 1,319,660 3,348,051 $ 909,360 2,777
. ' . '. . .. ..... ...... " •...... ·.C • I _ . C02-Emissions or
••• .. .. Gas h'he~)--.·c· ..> . .EleCtricity (kWh) ·.c cc:; --Savings:
Total Commodity I" Year Savings 146,028 4,667,711 S 978,919 . 2,777
TotalZOO8-i009 Sales 30,582,964 995,682,782 S 207,752,324 588,831
Total Est. Lifetime SaviD~ 1,460,280 51,425,595 $ 10,506,210 29,685
Attachment 2 -Comparable City, County and Country Green bouse Gas Reductiontargets
City Community-Wide Government Operations Notes *
Alameda 25% by 2020
Benicia 10% by 2020 20% by 2010, 33% by 2020 Below 2000 levels
Berkeley 80% by 2050
Burlingame 15% by 2020,80% by 2050
Campbell 15-25% by 2020
5% by 2010,15% by 2015, 25%
Foster City by 2020 Informal goals -not targets adopted by Council
Fremont 25% reduction by 2020
Hayward 13-18% by 2020 .
Hillsborough 15% by 2020,80% by 2050 Task Force recommendation; decision pending
Los Altos
Los Altos Hills 30% by 2015 40% by 2015
Los Angeles 35% by 2030 ..
Millbrae 15% by 2020,80% by 2050 15% by 2020, 80% by 2050
Morgan Hill 15% by 2020 Below current levels
5% by 2012,10% by 2015,15-
Mountain View 20% by 2020, 80% by 2050
Palo Alto 5% by 2012, 15% by 2020 5% by 2009, 15% by 2020 ...
AB 32 & Mayor's Climate Protection Agreement;
formal goals have not yet been adopted based on the
Portola Valley 15% by 2020 ghg inventory
Redwood City 15% by 2020 15% by 2020 Informal aoals -not taraets adopted by Council
Richmond 15% by 2020
San Carlos 15% by 2020,35% by 2030
Attachment 2 continued -Comparable City, County and Co~try Green house Gas Reduction targets
City Community-Wide Government Operations Notes *
San Francisco 25% by2010 25% by2010 City and County of SF
25% by 2012,30% by 2015,35% by
San Jose 2020, 50% by 2030, 80% by 2045 Below 1990 levels
San Leandro 25% by 2020
San Mateo 15% by 2020 15% by 2020 Below 2006 levels
San Rafael 15% by 2020
Santa Cruz 30% by 2020, 80% by 2050 Below 1990 levels
Sunnyvale 20% by 2010 7% by 2012 Informal goals -not targets adopted by Council
Union City 30% by 2020 30% by 2020
County County-Wide Government Operations Notes
Marin 15% by 2020 20% by 2020 Below 2000 levels
Flat emissions by 2010, 80% by
San Mateo 2050 Below current levels; Cool Counties
No increase by 2010, 10% reduction
80% by 2050, 10% reduction every 5 years, 80% reduction by
Santa Clara every 5 years 2050 Below current levels
Sonoma 20% by 2012 .
Attach t2 d-C .hle Citv .. County and Country Green house Gas Reduction targets ---------------..
City/Country Country/City-Wide
Others General Goals
San Die<>o 15% below 1990 by 2020
Boston 7% below or more by 2020
New York 30% below 1995 by 2020
EU 20% below 1990 by 2020
Germany 21 % below 1990 by 2012
UK 20% below 1990 by 2012
Denmark 21% below 1990 by 2012
Luxemburg 28% below 1990 by 2012
Sweden 30% below 1990 by 2020
* Below 2005 levels unless otherwise stated
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: City Manager's Office
DATE: APRIL 19, 2010 CMR: 212: 10
REPORT TYPE: ACTION
SUBJECT: Response to Colleagues Memo Directing the City Manager to Explore
Ways to Reduce Potable Water Use in Palo Alto by 20% by 2020 and
Approve Proposed Baseline and Strategies to Achieve the 20% Goal
J
RECOMMENDATION
Staff recommends that the City Council:
I. Approve the baseline proposed and outlined in this report; and
2. Approve the strategies outlined in this report to reach the 20% goal by 2020.
EXECUTIVE SUMMARY
California may be facing a fourth year of drought, and conservation efforts are being stepped up
across the state. Due to the concern for long-term water supplies and related legislative activity
to produce more water savings, Council developed a Colleagues' Memo in December 2009 to
the City Manager directing him to explore ways to reduce potable water use in Palo Alto by 20%
in 2020. This~taff report is in response to this Colleagues' Memo.
The City of Palo Alto has implemented many residential and commercial water conservation
programs during the last two decades, but still remains one of the highest per capita water users
in the San Francisco Bay Area. This report shows t4at among residential customers, landscape
irrigation still constitutes one of the greatest uses of potable water, and this issue will need to be
addressed to achieve Council's direction. Residential water use is highly dependent on the
weath~r, whicilmakes red~ction efforts and future needs difficult to predict.
The City Manager's office has brought together many departments to respond to the Council's
direction. The effort began with a very productive multi-departmental brainstorming session in
December. . The multi-departmental meeting was followed by discussions with the Utilities
Advisory Commission (UAC), members of CEAP and Canopy, as well as larger industrial
customer facility managers. Based on this work, staff is presenting a proposed baseline to
determine water reductions and three options for reduced water usage.
'il To summarize, the baseline internal departments have proposed is 217 gallons per capita per day
(gpcd), which includes all usage (residential, commercial, industrial and unaccounted for water).
The baseline proposed is the easiest for the city to comply with but also represents a 10 year span
CMR: 212:10 Page 1 of22
of our city's use, which more accurately represents traditional economic and development cycles.
Future grants, awards and legislative actions will potentially be measured against local
achievements compared to this baseline. The 20% reduction target from this baseline would
lower consumption to 173.6 gpcd, which the City is currently just below. Staff believes that
current low usage is due to economic conditions and increased environtrJ.ental awareness related
to the drought, but water use levels will rise after the drought is over and economy returns. For
that reason, int~rnal departments have developed a consensus is that the 20% potable water
reduction goal is acceptable and achievable. In addition, all programs and initiatives listed under
the 20% reduction target are currently budgeted for and are in our current work plan. Given the
commitment that the City· has towards sustainability, staff is committed to reviewing new
technologies or breakthroughs in water reduction methodologies and as appropriate, projects
could be developed where funds and resources can be secured.
This report reviews relevant background information, such as legislative activity, historic water
use, current conservation plans and programs and then outlines water reduction strategies to
reach 20%, 30% and 40% below the proposed baseline. The strategies are broken down into
three categories; A) Municipal facilities and city operations, B) Codes and Ordinances, and C)
Residential and Commercial Opportunities.
BACKGROUND
This section of the report will outline relevant legislative activity, Palo Alto's water use, the
City's 2005 Urban Water Management Plan, and current conservation programs.
Legislative Activity
• Senate Bill 7x-7 (SB 7) -signed 2009
On Februaty 2S, 200S, Governor Schwarzenegger wrote to the leadership of the State Senate,
outlining key elements of a comprehensive solution to problems in the Sacramento-San Joaquin
Delta. The first element on the Governor's list was "a plan to achieve a 20% reduction in per
capita water use statewide by 2020." In March 200S the "20x2020" Agency Team was convened
to develop a plan to ,achieve a 20% reduction in per capita urban water use statewide by 2020.
The legislature followed up on the Governor's plan by passing SB 7. The Governor signed it
into law in November 2009. This bill requires the state to achieve a 20% reduction in urban per
capita water use by December 31 , 2020. The state is required to make incremental progress
towards this goal by reducing per capita water use by at least 10% 'on or before December 31,
2015. The bill requires each urban retail water supplier to develop both long-term urban water
use targets and an interim urban water use target, by July 1, 20 II. SB 7 also creates a framework
for future plarming and actions for urban and agricultural users to reduce per capita water
consumption 20% by 2020. The bill requires urban retail water suppliers to adopt one of four
methodologies as potential baselines against which to measure this reduction (to be discussed
later).
• Senate Bill 407 (SB 407) -signed 2009
This bill requires new indoor fixture replacement measures by certain dates depending on
customer' class. In addition, property owners must disclose information on plumbing fixtures at
the time of transfer. Indoor fixture replacement must be completed during certain alterations or
CMR: 212:10, Page 2 of22
improvements starting in 2014. The disclosure of non-compliant fixtures upon sale of residential
property is required by 2017 and multi-family or commercial property by 2019. Other
compliance mechanisms, such as retrofit upon resale, are left to the individual jurisdictions.
• Assembly Bill 1881 (AB 1881) -signed 2006
This bill directed the Department of Water Resources (DWR) to update the State Model Water
Efficient Landscape Ordinance (WELO) which was originally approved in 1992. The DWR
update was finished in February 2009, and the final version was available in September 2009.
The State legislature deemed the DWR model ordinance in place as of January 1, 2010, if the
local water agencies did not adopt requirements that are at least as effective in reducing
landscaping water usage. .
Provisions in AB 1881 required water agencies to have the foll?wing requirements in their
individual ordinances:
• Minimize overspray and runoff;
• Have residents. develop landscape water budgets, submit a landscape design plan,
irrigation design plan, and grading design plan when retrofitting or installing a new
landscape;
• Require appropriate use and groupings of plants;
• Require automatic irrigation systems and schedules;
• Require that all redeveloped or new landscapes have completed soil assessment and soil
management plans;
• Include landscape maintenance;
• "Encourage the capture and retention of storm water onsite;
• Encourage the use of recycled water;
• Include monitoring of water budgets for propelties over one acre in size, through
irrigation water use analyses andlor audits;
• Encourage use of economic incentives; and
• Provide more education to water users.
City of Palo Altostaff presented the new state Model Water Efficient Landscape Ordinance and
a draft Palo Alto specific version to the Utilities Advisory Committee in January 2010 and to a
variety of community and landscape industry groups in January and February. Based on input
received, staff has decided to continue to enforce the statewide Ordinance until the State Green
Building Code (CALGreen) goes into effect in 2011. Many of the water efficiency measures will
be required by Cal Green when it becomes mandatory in 2011. . The Planning· Department is
coordinating a City-wide team to work on this update.
Palo Alto's Water Use
Palo Alto's water use has fallen significantly since just prior to the 1976-77 drought. Although
water usage rebotmded after that drought, water use did not rebound as much during the longer
term 1987-1992 drought. As shown below in Figure I, staffprojects that water use will remain
steady in the future despite projected population increases due to implementation of the
efficiency programs identified in the 2005 Urban Water Management Plan. The future water
usage shown in the chart does not include any expansion of recycled water use in the City.
CMR: 212:10 Page 3 of22
,.
~ 16 a ~ ,.
& 12
,~ ~ 10
j :
j .
2
o
Figure 1: Historical Water Usage in Palo Alto
1965 1970 1975 1980' 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030
As shown below, in Figure 2, nearly half of wflter consumption in Palo Alto comes from single-
family residential customers, primarily during the summer months" The remainder of use comes
from commercial and industrial customers (29%), City and public facilities (7%), and multi-
family residential customers (16%). Multi-family customers are the only customer group
without a significant peak of consumption in the summer. This summer-time water consumption
is the primary reason why much of the plan to reduce water usage between now and 2020 will
need to be focused on landscape watering.
f § -~ jj
j
Figure 2
City of Palo Alto Monthly WFlter Usage by Customer Class
(average for FY 2001 to FY 2009)
800,000
700,000 --------------------_. -----....... : .... ·'1ID~4-;,8~%"'S;c-F "'Re':csl"'de"C':nl:cc,el:-"--~----',· ................. .
_29% Commercial and Industrial
600,000 ..... + .. c .. 1 07% City and Public Facilities
500;000
400,000
300,000
200,000
1.00,000
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
CMR: 212:10 Page 4 of22
Jun
Figure 3 below breaks down single-family residential water usage by end use. As the figure
shows, about 39 percent of the average single family resident's consumption is for ilTigation (or
watering the landscape). Water consumption for irrigation tends to increase as a customer's lot
size and amount of turf (lawn) increases.
Figure 3: Residential Water Use
Current Conservation Plans and Programs
2005 Urban Water Management Plan
The City of Palo Alto adopted its latest 20-year Urban Water Management Plan (UWMP) in
2005. An update to the plan will be brought to Council for review and adoption in 2011. Many
of the strategies in this report may 'be expanded upon in the 2010 Urban Water Management
Plan, if appropriate. The 2005 UWMP's water use projections include "natural conservation"
that will occlJrdue to appliance efficiency standards in the plumbing code and all cost-effective
water conservation and efficiency programs identifiediat the time of preparation of the plan. If
these programs are all implemented as projected, they will save a total of approximately 4.7% of
the City'S long-term water demand by 2030 and 4.3% by 2020. The Bay Area Water Supply and
Conservation Agency (BA WSCA) is helping member agencies evaluate additionalineasures that
could be incorporated into the 2010 UWMP.
CMR: 212:10 Page 5 of22
2009 Water Conservation Implementation Plan
In July 2009, the. BA WSCA agencies, including Palo Alto, signed a new 25cyear Water Supply
Agreement (WSA) with the City and County of San Francisco (CMR 252:09). The WSA also
imposd an Interim. Water Supply Limitation (IWSL) of 265 MGD (184 MGD for BA WSCA
agencies and 81 MGD for San Francisco) until 2018. If water deliveries exceed 265 MGD from
now until 2018, a penalty rate will be charged for all water usage above the Individual Supply
Guarantee (ISG) of any agency.
To address the shortfall in water supplies from the San Francisco Public Utilities Commission
(SFPUC), BA WSCA initiated the development of a Water Conservation Implementation Plan
(WCIP) to update existing demand models and to identifY additional conservation measures to
reduce the projected shortfall. BA WSCA updated its 2004 demand model to provide a more
accurate depiction of future usage patterns and to identify new potential conservation measures
that could be quickly implemented.
Following calibration of the model, the agencies selected five new conservation measures
(beyond the measures evaluated in 2004) to meet these goals, which include:
1 .. High-efficiency Toilet (HET) Rebate Prpgram .
2. Education/Training Program for Residential Landscape Water Use Efficiency
3. High-efficiency Washing Machine (HEW) Rebates
4. New Building Indoor Water Efficiency Ordinances
5. New Building Landscape Water Efficiency Ordinances (WELO)
With the. exception of the ordinance-based measures, the new measures are currently part of the
suite of conservation measures already offered by the City, but have far more aggressive
penetration targets. With the existing measures, the new WCIPmeasures, and existing recycled
water use, Palo Alto demand served by the SFPUC system is projected to be essentially flat up to
2030 and remain well below Palo Alto's ISG of 17.08 MGD.
Customer Conservation and Efficiency Rebates and Incentives
The City of Palo Alto Utilities (CPAU) is a signatory to the Memorandum of Understanding
regarding Urban Water Conservation in California and complies with its Best Management
Practices (BMPs) (CMR 126:09). CPAU reports on progress toward completingand complying
with these BMPs every two years. This is reported to Council and the UAC, with the last
informational memo provided to the UAC on January 9, 2009 and to Council in February 2009.
CPAU partners with the Santa Clara Valley Water District (SCVWD) to offer rebates and
incentives for water efficiency, as well as indoor and outdoor water use audits. The City also
implements ordinances or codes that promote water conservation.
Following its Memorandum of Understanding, the City cost-shares with SCVWD for current
efficiency programs, and pays the SCVWD for these rebates and for performing water audits at
customer -locations. Current rebates and free programs for water conservation measures with
Santa Clara Valley Water District are:
• Residential:
• Water Wise House Call-free program
• High Efficiency Toilet (HET) Rebates -$125 per retrofit
• High Efficiency Clothes Washer Rebates -up to $200
CMR: 212:10. Page 6 of22
• Commercial:
• High Efficiency Toilets and Urinal Flush Valve Retrofits (HET/HEU) -free
direct installation
• High Efficiency Urinal (HEU) Rebates -$500 per retrofit
• High Efficiency Clothes Washer Rebates -$400 per retrofit
• Indoor Water Use Surveys -free program
• Landscape Surveys -free program
• Pre-Rinse Spray Valve Distribution -free program
• Equipment Retrofits -up to $50,000 per project
• Both Residential and Commercial:
• High Water Use Landscape Conversion -up to $3,000 -$30,000
• Weather-Based Irrigation Controller Rebates -various rebate levels
• Irrigation Hardware Upgrades and Repairs -various rebate levels
The City of Palo Alto Public Works Department (PWD) also offers incentive rebates to local
residents and businesses to reduce storm water runoff. Retaining the water on-site is important
not only to reducing demand on the municipal storm drain system, but also to nourish the
existing landscape. Some of the measures eligible for the rebate program also have the benefit of
reducing potable water usage for landscape irrigation. These water-saving measures include rain
barrels and cisterns, installed as part of a rainwater harvesting system. These systems capture
rain runofffrorh building rooftops and store it fOl"future use as irrigation water. While rain
barrels have a modest capacity of 50 to 250 gallons, cisterns may range up to 50,000 gallons in
size. ·Participants may receive a $50 rebate per rain barrel, up to $1,000 for a residential cistern
installation, or up td $10,000 for a commercial cistern installation (calculated at $0.15/gallon).
Thus far 31 rebates (for a total of 56 rain barrels and two small cisterns) have been issued, since
the program started in September 2008.
Conservation Programs
Other departments in the City also implement programs, ordinances or codes which have been
developed to promote water conservation. The City of Palo Alto Planning and Community
Environment Department implements the Green Building Program. Under this program, new
construction and major renovations for both residential and non-residential projects, including
public projects, must include indoor and outdoor water saving strategies, as well as reduce the
quantity, and improve the quality of stormwater runoff. This program's water savings potential
is further outlined in the discussion section of this report.
The. Community Services Department has implemented an on-line irrigation management control
system, called the Maxicom system, which claims efficient water use can yield a savings of 25 to
45% per year, although this is not yet verifiable because the installation is so new. Sites currently
on Maxicom system are Baylands Athletic Center, Bowling Green, Cubberley Community
Center, EI Camino Park, Greer Park, Lytton Plaza, Mayfield/Stanford Playing Fields, Mitchell
Park, Mitchell Park Community Center, and Rinconada Park. Sites coming on-line to Maxicom
in 20 I 0 are the Art Center, Bol Park, Boulware Park, Bowden Park, Cameron Park, Eleanor
Park, Hoover Park, Peers Park, Ramos Park, Robles Park, Seale Park, Ted Thompson Garage,
Werry Park, Weisshaar Park. Nine schools are currently using the Maxicom system as per a City
and Palo Alto Unified School District (PAUSD) agreement.
CMR: 212:10 Page 7 of22
Ahwahnee Water Principles:
The City is committed to the Ahwalmee Water Principles. Attachment B, from the original staff
report in 2005 (CMR 367:05), outlines the modified Ahwahnee Water Principles for resource
efficient land use that were adopted by the City Council. Many of the goals from these
principles are already in place or are being reviewed as a part of the' 201 0 Urban Water
Management Plan, Recycled Water Plan, or other programs.
DISCUSSION
This section of the report will quantify each strategy; to the extent this information is available,
in terms of w!lfer savings impact, cost and unintended consequences. The water savings impact
will be calculated against the proposed baseline, as determined by the guidelines in Senate Bill 7.
Baseline
Senate Bill 7 (SB7) outlines the guidelines to set a baseline against which water use reduction
targe~s will bemeas.ured by. Future grant awards and legislative actions will potentially be
measured against local achievements compared to this baseline. Under SB 7, there are fo.ur
,options to choose from to track compliance. Three methodologies for calculating a target are
currently available, with a fourth that will be made public later by DWR later this year. The
three methodologies are 1) eighty percent of the urban r.etail watersupplier's baseline per capita
daily water ,use over a specified time; ,2) the per capita daily water use that is estimated using the
sum of specific standards. including indoor residential, landscape, commercial, industrial and
institutional uses; and 3) ninety five percent of the applicable state hydrological region target.
The approach staff recommends is the first methodology where .baseline formula uses the 10-
year average water consumption for the period from 1995 to 2004 and the target is eighty percent
of that average. Although staff is currently proposing this baseline approach, the fourth
methodolgy will also be evaluated when it becomes available.
As shown in Figure 4 below, using this recommended methodology, Palo Alto's SB 7 baseline is
217 gallons per capita per day (gpcd), which includes all usage (residential, commercial,
industrial and unaccounted for water). The 20% reduction target from the SB 7 baseline would
,lower consumption to 173.6 gallons per capita per day. While water usage has varied up and
down historically, current usage is about 20% below the SB 7 baseline. Staff believes the ~.urrent
low usage is related to the four-year drought, increased environmental awareness in the
community; City water conservation incentives and programs and current economic conditions.
Water consumption may increase to levels close to that prior to 2005 after the drought, but will
then be reduced from this higher level due to conservation and plumbing code requirements.
Note that part of the reason that Figure 4 shows per capita use decline in the future is that
population is projected to increase. 'The assumption in this projection is that population will
increase from an estimate of 63,406 in 2010 to 70,152 in 2020. (The census estimate for Palo
Alto's population in 2008 is 63,370.)
CMR: 212:10 Page 80f22
Figure 4
City of Palo Alto Water Usage
Actual, Projected, Baseline and Target
250 r~
~ 200
~'
! 150
8
~
§
~
1 00 ~~
50
!A! ~!
---Actual and Projected Consumption
-SB 7 Baseline
---Target: 20% below baseline
I:: --,--,--~-::: ---------,
11
.. _----.. -------
IActual
. _ .... ----.-~-.. --
I . . . --------------.--------~---------~-------,--------,----. . .
o+---~--~--~~~~--~--_+--_+--_+--~--~--~--~--~--~
Water Reduction Strategies
The following three sections describe the water reduction strategies proposed, reviewed or
discussed by staff. Each goal is broken down into three categories: Municipal Facilities and City
Operations, ,Codes and Ordinances, and Residential and Commercial opportunities. Where
applicable, cost and water savings and potential unintended consequences are described. Where
described, water cost savings for residential, commercial or city operations are based upon retail
rates and water cost savings for the whole commllnity are based upon wholesale rates.
A. Strategies to, Reach 20% Below Proposed Baseline
Staff believes that this goal of a 20% reduction over the proposed SB 7 baseline is achievable if
the current programs are continued, and in some cases, improved. The proposed SB 7 baseline
as described above is 217 gallons per capita per day. A 20% reduction would be 173.6 gallons
per capita per day.
These strategies were discussed at length internally and with community stakeholders. These
strategies are summarized in the table below and are evaluated on their water savings impact and
cost, effectiveness. The water savings impact is relative to the city's water use as measured by SB
7. The cost effectiveness takes into account approximate costs and cost savings due to water
reduction. High cost effectiveness means the cost of the measure is greater than the benefit
associated with the reduction in water usage. Low cost effectiveness means that the cost of the
measure outweighs or is significantly higher than the benefits or vahle associated with the water
use reduction.
CMR: 212:10 Page 9 of22
.'.,', 'c~i~~~ry'
A.1. Municipal
Facilities and City
o erations
A.2. Codes and
Ordinances
A.3 Residential
and Commercial
o ortunities
Demonstration Gardens and Education
City Facility Updates
Urban Water Mana ement Plan
Rec cled Water Ordinance
More Emphasis on Rebates
A.I. Municipal Facilities and City Operations
• Demonstration Gardens and Education
.j ·.cok
..... eff~cti,,~iteS8
Medium
Medium Medium
Low Medium
Medium Medium
Medium Low
High High
Staff is working toward developing demonstration gardens at the Water Quality Control Plant
and Mitchell Park Library. Water savings from such educational programs are difficult to
quantify, but most case studies and reports on water conservation indicate that demonstration
facilities are an essential component to individual participation in reduction efforts. Smart
Garden Tours be could also be coordinated to promote the good water saving projects and
behaviors that should be encouraged.
• City Facility Updates:
The Facilities Management Division is committed to managing and operating City buildings in a
sustainable manner. Improving water efficiency in City buildings is crucial because high water
consumption increases maintenance and life cycle costs for building operations. Reducing water
use also' conserves precious water sources, reduces the amount of chemicals and energy needed
to treat water, and reduces costs through lower water use and less sewage volume to treat. In
short, lower water use decreases the envirOl11hehtal impact of our buildings.
In mid-2009, Facilities Management initiated a multi-phase project to maximize water fixture
efficiency with restroom urinals by.utilizing a rebate program offered by the Santa Clara Valley
Water District (SCVWD). The scope of the project involved replacing older conventional
urinals and flush valves used in male restrooms with high-efficiency urinals and flush valves.
After thorough product evaluation, a high-efficiency model was chosen by Facilities
Management. An informal bid solicitation process was then used to obtain the lowest cost for
the new urinals, enabling the rebate amount to cover the full cost of each urinal. Bids ranged
from $418 to $800 per urinal. The cost of materials was fully covered by the rebate program and
resulted in a material cost savings of $23,000. The only cost to the City was the cost to install
the urin:als.
Installation of the new urinals was primarily accomplished by Facilities mechanics on weekends
to minimize disruptions to regular maintenance work. Initially three City locations were chosen
to perform the first phase of upgrades. City Hall, Cubberley Community Center, and the
Municipal Service Center were chosen because the high number of occupants and visitors at
CMR: 212:10 Page 10 of22
these locations would offer a qUicker environmental and economic payback. A fourth location,
Rinconada Pool, was added later. While this facility was shut down for pool repairs, it presented
an opportune time to upgrade the urinals at this facility. A total of 54 urinals were installed
throughout these four locations.
The new urinals chosen by Facilities Management are 92% more water efficient than the old
urinals. The old urinals used 1.5 gallons per flush while the new high efficiency urinals use only
0.125 gallons per flush (one pint) and are controlled by automatic flush valves. Fixture water use
calculations for all four locations estimate a remarkable urinal water savings of approximately
1.1 million gallons oi'water per year and a cost savings of$15,000 per year for water and waste
water costs. Facilities Management will continue upgrading urinals at other City Facilities
thr9ughout 2010 as staffing and budgets allow.
A.2. Codes and Ordinances
• Green Building Program and the Water Efficient Landscape Ordinance (WELO)
The City's current Green 'Building Program encourages and, in some cases, requires proper site
planning and water conservation through measures that reduce indoor water consumption, reduce
outdoor water use for irrigation, promote the use of non-potable water sources, and reduce the
overall quantity of water runoff from a site. This program impacts approximately 200 sites a
year, primarily new consttuction and major renovations of residential and non-residential
projects. While this program is new, water savings annually from these projects are expected to
be conservatively 5,535,000 gallons per year for residences and 10,130,000 gallons per year for
commercial projects. Water savings under this program are expected to increase in 2011 with
enforcement of the CAL Green Building Code, which increases water use efficiency requirements
through mandates for such items such as weather-based irrigation controllers at time of
construction and use of water budgets.
The Planning Depaliment is working collaboratively with the Utilities Department on
incorporating the City'S existing Water Efficient Landscape Ordinance (WELO) requirements
and necessary improvements into the Green Building Program to achieve further savings in 2011
and beyond. One of the reasons for this recommendation is that potential water savings from
DWR's WELO are not great. These savings are included in the 2009 Water Conservation
Implementation Plan, and in summary, could result in only 45,000 to 48,100 gallons per day.
• 2010 Urban Water Management Plan (UWMP)
.The 2005 UWMP included water conservation measures and programs that are expected to save
about 4.7% of the City'S long-term water supply needs by 2030 (and 4.3% by 2020) in addition
to the "natural" savings that occur as a result of changes in appliance efficiency standards in the
plumbing code. As mentioned above, the 2005 UWMP is currently being updated. The 2010
UWMP will update projections based on known changes to the plumbing code and all existing
and likely future cost-effective water efficiency programs. The analyses for this plan, including
estimated costs and benefits are still not developed; however, it is expected that the 2010 UWMP
will show greater savings than originally reported in the 2005 UWMP. BA WSCA is helping
member agencies evaluate additional measures to be incorporated into the 2010 UWMP.
RecyCled Water Ordinance
CMR: 212:10 Page 11 of22
The City currently has an ordinance to promote the use of recycled water (CMR 203 :08) that
requires customers (other than single-family residences) adjacent to the recycled water pipeline
system to use the recycled water when it becomes available. The ordinance also requires large
new buildings to add dual plumbing to their buildings so that, when recycled water is available, it
can be used for toilet and urinal flushing. This ordinance prepares the City for the long term
when the. recycled water distribution system is expanded. The adoption of the ordinance is
consistent with the Ahwahnee Water Principles that were adopted by the City Council.
A.3 Residential and Commercial Opportunities
• Continued Emphasis on Rebates
The Colleagues' Memo suggested this as one potential way to achieve reductions. In looking at
ways to reduce potable water consumption, staff reviewed current rebate programs to determine
appropriateness in terms of incentive and value to both the customer and the City. The chati
below lists a number of the water conservation progratns from FY 2005 through December 31,
2009. These progratns are coordinated and partially funded by CPAU but delivered by the
SCVWD. The chart details the program participation rates and water savings or estimates in
g~llons. The total program expenditures from FY 2005 to date have been $772,829. .' .
The S~cond Amendment to the MOU with the SCVWDwas approved by Council on April 27,
2009 (CMR: 200:09). It includes a budget of $245,905 for the current fiscal year with an
anticipated water savings of 63 million gallons per year, or 172,506 gallons per day.
Participants
Item FY 05 to Mid FY 10 Water Savings (gallons)
,
. Residential:
Water Wise House Call 2,485 8,491,296
. Res. Bigh Efficient Toilet (HET) Rebate 578 4,781,557
Res. Clothes Washer Rebate 1,913 . 12,299,836
Both .,
Weather-Based Irrigation Controller Rebate 16 7,521,366
Landscape Conversion Rebate 155 5,403,427
Commercial:
High Efficiency Toilet (HET) Installation 1,172 19,267,736
Clothes Washer Rebate 77 2,467,508
Indoor Water Audits 39 38,801,752
Irrigation Audits Performed . 87 52,060,800
. Pre-Rinse Spray Valves 178 12,993,904
TOTAL WATER SAVED (GALLONS) . 164,089,182
TOTAL PROGRAM EXPENDITURES $ 772,829
While it appears that the most successful progratns in terms of water savings are audits, both for
irrigation and for commercial interiors, it should be noted that the, SCVWD report estimates of
water savings are based on recommendations and not on actual implemented updates or changes
CMR: 212:10 •. Page 12 of22
to.o.perations. To. pro.duce mere water savings, it co.uld be appro.priate to. increase the SCVWD
pro. gram to. increase funds available fer the audits, washing machine rebates, and high efficiency
to.ilets.
If the City were to. decide to. expand its HET pro. gram to. pay the entire Co.st o.f replacing all high
water usage to.ilets in the City, the Co.sts wo.uld be high. The American Co.mmunity Survey fro.m
2008 estimates that there are 27,000 single family residences in Palo. Alto., 13% o.f which were
built between 1990 and 19990.1' after, and, therefo.re, will have lew-flush to.ilets using 1.6 gallo.ns
per flush (gpt). Assuming that the remaining ho.useho.lds were built with an average o.f two.
to.ilets, 50% o.f which are net lew-flush 0.1' high efficiency units, the City wo.uld need to. replace
abo.ut 24,000 residential to.ilets. This wo.uld save an estimated 104,000 CCF 0.1' 77,792,000
gallo.ns per day and Co.st at least an estimated $7,200,000.
Ano.ther effective pro. gram is the rebate to. replace lawns with Io.wer water using Bay Friendly
landscaping;' CPAU has paid 155 such rebates since FY 2005. Water use reductio.ns are
estimated to. be high, but no. firm estimate is currently available. It sho.uld be no.ted that the
rebate currently pays a maximum of $3,000 per resident ($2,000 fro.m the SCVWD and $1,000
fro.m CPAU),and a maximum o.f $30,000 per business ($20,000 fro.m the SCVWD and $10,000
fro.m CPAU). This rebate amo.unt is typically much less than the Co.st o.f upgrading the
landscaping. Sho.uld the City wish to. increase participatio.n in this pro. gram, the rebate co.uld be
enhanced, but it wo.uld be Co.stly. The 155 rebates paid Co.st $155,000. Do.ubling the rebate
amo.unt fro.m CPAU wo.uld increase this expense to. $310,000 fer just 155 rebates.
Rebates fer co.llectio.n o.f rainwater fer use en landscaping are also available to. Io.cal residents
and businesses thro.ugh the PWD's Sto.rmwater Rebate Pro.gram. With regard to. the level o.f
incentive pro.vided by this rebate pro. gram, the Directo.r o.f the Io.cal tree pro.tectio.n group,
Cano.py, has provided so.me insight fro.m· perso.nal experience, as she installed a large
underground rainwater cistern in her yard in 2008. She retro.fitted her residential property to.
accommo.date a 14,000 galien cistern at the Co.st o.f appro.ximately $30,000 to. $35,000, including
the Co.st of the tank and installatio.n. Staff has researched and fo.und ether cistern systems which
may be slightly mere econo.mical, but they are best suited for new co.nstruction due to the
co.mplexity o.f the mechanical systems needed fer pumping the water fer irrigatio.n use, and the
space co.nstraints present en develo.ped sites.
Based en the high initial capital cost and the relatively small annual water costs savings, a rebate
o.f $1,000 by itself is unlikely to. create adequate incentive fer installatio.n o.f a cistern. The Co.st
o.f a cistern is probably o.ut o.f the price range o.f many Palo. Altans, and the $1,000 rebate has
little impact en this price tag. The $50 rain barrel rebate is m~re enticing, since a 50-galien
barrel can be purchased fer aro.und $100 and installed as a do.-it-yo.urself pro.ject. Rain barrels,
ho.wever, can o.nly provide a fractio.n o.f annual irrigatio.n water needs. Mo.st Palo Altans living in
a single family residence use abo.ut 40% o.f their annual water use 0.1' abo.ut 50,116 gallo.ns o.f
water per year fer landscape irrigatio.n. Rain barrels, which typically held 50 to. 250 gallo.ns,
unfo.rtunately are net able to. sustain the garden during the sunny summer mo.nths. The
Sto.rmwater Rebate Pro. gram do.es have the po.tential to. generate a mo.dest amo.unt of savings,
especially if the level ofparticipatio.n can be increased, and staff will co.ntinue to pursue it.
CMR: 212:'10 Page 13 of22
Regarding rainwater for landscape ilTigation, one must use a drip or non-overhead spray
ilTigation system, which could double the efficiency, but can not generally be used for grass.
Thus the anticipated savings for potable water use could be increased if a drip system is used and
grass is removed.
In. summary, mcmy of the above programs are currently within the City's staffing plan or can be
accommodated with current staff. Some programs such as increasing rebates programs will
require increased funding and staff. Staff reviews these programs regularly to determine
effectiveness and will return to Council if increased funding and staffing is recommended.
B. Strategies to Reach 30% Below Proposed Baseline
Staff has heard from a number of stakeholders that it should be the goal of Palo Alto to reach
beyond the 20% reduction. from the proposed SB 7 baseline. Staff believes that a goal of 30%
reduction from the SB 7 baseline could potentially be achievable, if funds and staff resources
were available to implement the appropriate programs. The SB 7 baseline as described above is
217 gallons per capita per day. A 30% reduction would be 151.9 gallons per capita per day.
This sec(ion outlines strategies that have been discussed internally and with community
stakeholders. These strategies are summarized below and are evaluated based on their water
savings impact and cost effectiveness.
Category Strategy Water savings Cost
impact effectiveness
Remove turf, incorporate sustainable Medium Low irrigation and landscape techniques
City Facility Updates Low Low
A.I. Municipal WarningslN otices for Those Irrigating Low to Low . Facilities and During Rain Medium
City Operations Include Water Use Information in the Medium Medium . Upcoming Home Energy Reports
Install Rain Water Harvesting Low Low
. Systems
Expanded Recycled Water Program Medium Low and GrayWater Opportunities
A.2. Codes and Increase the Inclining Block Rate for Medium High Ordinances Water Price Tiers ...
Implement a Retrofit on Resale Low Low to
Requirement .. Medium
A.3 Residential I· Increase the Funding for Water Medium to Medium to
and . Conservation Rebates High High
Commercial . .. Low to Medium Opportunities Water Budgets Medium
Set Water Use Targets and Goals Low Medium
Half Gallon (0.5) Gallon Per MInute Low Medium (GPM) Aerators . . . ... ,L r<!~ :'L .'LA: , ,.
OJ
CMR: 212:10 Page 14 of22
High Efficiency Toilets (HETS)
Set Stringent Water Use Targets and Medium Medium Goals
B.1. Municipal Facilities and Operations
• Remove Turf; Incorporate Sustainable Irrigation and Landscape Techniques
PWD currently has three artificial turf playing fields. PWD received 12 bids to replace one (1)
field at Cubberley Community Center in February 2009. The bids ranged from $895,000 to
$1,650,000, 'depending upon the alternatives proposed. The project was completed for
approximately $1,000,000 in July 2009. The anticipated water savings the one field at
Cubberley is 208,911 gallons annually or just under $14,000 although this has not been verified.
There are two other fields at the newly constructed Stanford/Mayfield site on the corner of Page
Mill and EI Camino. These were installed in 2007 with mixed results. Some players do not like
the feel of the synthetic grass, although others prefer it due to the absence of mud or bald spots.
The benefits for artificial turf include reduced maintenailce and no pesticide use, although the
artificial turf needs to be replaced every 8-10 years and only the more costly artificial turf is
recyclable. The City has 10 more soccer fields that have not been converted to artificial turf. If
the City were to convert five more at a cost of $5,000,000, the savings would be approximately 1
million gallons annually which equates to 2,739 gallolls of water per day. If the City were to
replace 10 playing fields at a cost of approximately $10 million, the anticipated water savings
would be 2 million gallons per year, based upon the anticipated savings for the Cubberley field.
All grass on non-playing fields could also be removed and replanted with native grasses or other
climate-appropriate plants that are drought tolerant. This reduction in water use compares to the
current total City facility consumption of about 662,850 gpd annually, including the treatment
plant.
PWD is also looking into the Kapillary Irrigation Sub-Surface System (KISSS)1 which could
potentially saVe up to an additional 30 to 70% of i'rrigation water use, depending upon is the type
and location of irrigation hardware replaced:'
Foothills Park staff is also looking into replacing its irrigated fields with native plantings. There
are 15 acres of irrigated fields in Foothills Park. These fields use approximately 15.6 million
gallons of water per year for itTigation. Staff is working with Acterra on a pilot program to
replace a small portion of this area with plantings from Acterra's Native Plant Nursery. The cost
to replace the Whole area is estimated at more than $1,000,000 and the expected water cost
savings are about $90,000 per year based on the retail cost of water. The expected water savings
to the General Fund would likely be realized after two to three years, which is the estimated
'establishment period for the native grasses used in the project. The preliminary calculation for a
discounted payback was 8 to 10 years (even with upcoming steep SFPUC rate increases for water
supply due to upgrades to the water delivery system). This is net of the $30,000 rebate provided
by SCVWD and CPAU. The estimated annual water savings is approximately 12,288,144
gallons, or 33,666 gallons per day.
I http://www.kisssusa.com!
CMR: 212:10 Page 15 of22
Finally, PWD has started a program to mulch the shrub beds to retain water on site. It is hard to
determine the exact amount of water saved, but this sustainable landscape management
technique has become common.
• City Facility Updates:
Last year staff developed a comprehensive outreach program including an educational
conservation display at the Rinconada swimming pool. The community responded well to this
educational program. There may be an opportunity to further update and expand this program
and potentially compliment it by fixing the leaky showers in the pool's locker rooms, if funds are
available. This could result in water savings to the city and show Palo Alto's commitment to
water conservation.
• , 'V lIrningsIN otices for Those Irrigating During Rain
It. was, .recommended th~t staff send out emails to, customers telling them to turn off their
irrigation systems when it is scheduled to rain. In addition, one customer recommended an
,additional email after the rain, telling them to turn their systems back on. While it might seem
redundant, ,this customer mentioned that the reason he does not turn off his irrigation system
when it rains is because he never remembers to turn it back on! It is unknown how much water
thi~ would save, although the expectation is that some staff resources would be required at some
co~t to implement this program.
• Include Water, Use Information in the Upcoming Home Energy Reports
Staff is negotiating a contract to provide Home Energy Reports and will be going to council for
approval 'op April19th. The contractor will be able to provide reports that compare a resident's
energy usage with an average of similar homes in the area, but at this point in time, water
comparisons are not available. Staff is working with the contractor to add water use information
in the upcoming 12 to 24 months at a cost of potentially $75,000 to $100,000 per year. It is
, unknown how much water this will save, but studies of energy use reductions in other cities have
found a 2 to 3% average reduction after the reports are mailed. '
• InstaJl Rain Water Harvesting Systems
An additiomil recommendation is for the City to explore the addition of rain water harvesting
, ~ysterns to' store rain water for future irrigation ~sage. This has been successfully implemented
at cities in Australia. At this point in time, water savings and cost estimates are not available, but
costs could be, high if the appropriate space for a rain water harvesting system is limited or if
significant modifications to existi~g irrigation systems are required. These systems could make
sense if high water using landscaping, including turf, is replaced with drought tolerant plants.
, This way, rain harvesting could provide a much larger amount of the irrigation requirements than
would be the case with plants that have a high watpr requirement.
Staff conducted "a preliminary investigation into the feasibility of rain water harvesting at
existing City facilities. The most likely candidate .iocationsare those with a combination of large
roof areas and extensive site landscaping, including Cubberley Community Center, the
Municipal Service Center, Main Library, Lucie Stern Community Center, and the Art Center. At
these locations, there appears to be the potential to collect enough rain water from building
rooftops (each square foot of roof area generates approximately nine gallons of rain runoff over a
CMR: 212:10 Page 16 of22
typical rainfall year) to provide a significant percentage of the site's annual irrigation water
needs. Assuming that a 50,000-gallon cistern could be accommodated into these sites and that a
significant amount of collected water could be used for site irrigation during dry spells
throughout the course of the rainy season, up to 100,000 gallons of water could be saved at each
rain water harvesting site each year. The installation cost of a rain water harvesting system
would vary depending upon the specific conditions of each site, but would likely range from
$100,000 to $150,000 per site. Before staff could provide a more definitive recommendation on
rain water harvesting at City facilities, a more detailed feasibility study would be required to
determine the potential water savings and the construction costs.
In order to increase the amount of rain water harvesting conducted by local residents and
businesses, the rebate amounts offered by the PWD's Stormwater Rebate Program could be
increased in order to offer a better incentive for these systems. It is unclear at this point how
much the rebates would have to be increased in order to achieve a meaningful increase in rain
water harvesting by members of the community. Additional funding would need to be secured
from the Public Works or Utilities Departments to increase the rebate amounts above their
current levels. Another option would be to make rain water harvesting mandatory for specific
types of new construction and remodeling projects as part of a' modified Green Building
Ordinance.
B.2. Codes and. Ordinances
• Expanded Recycled Water Program and Graywater Opportunities
.The City currently has completed a Recycled Water Facility Plan (December 2008), based upon
the Council-adopted ordinance to promote the use of recycled water (CMR 203 :08), and is
completing the environmental documents for the project to expand the recycled water
distribution system. A Capital Improvement Project to construct the extension to the recycled
water distribution line is in the plarming process. The project is projected to save 900 acre feet
or about 293 million gallons per year of potable water and reduce treated wastewater discharges
to the, Bay. Initial capital cost estimates to construct the recycled water pipeline total $33.5
million. The City is currently pursuing federal and state funding opportunities to help lower the
City's cost of the project. Annualized capital and operations costs are projected to be $2,500 to
$2,700 p<:;r aCre foot under the most likely funding scenario. The city has participated in a
regional working group to provide comments .. to the Californian Department of Housing and
COlllmunitY,Development on regulations for residential graywater systems. It is not possible at
this time to estimate potential water savings or costs for this type of initiative.
• Increase the Inclining Block Rate for Water Price Tiers
One method that staff is currently considering is the expansion of water price tiers to add
additional, higher priced tiers and/or to increase the price of water consumption at higher levels
of consumption. This method has the advantage of providing economic incentives to customers
to conserve. and is often seen as the easiest way to encourage conservation. An expressed
concern about this method is that water use is typically "inelastic;" that is, consumption for most
customers (both residents and businesses) does not typically change by a significant amount
when, there are changes in rate structures. This inelasticity is due to a variety of factors,
including:
• Comparatively speaking, water is relatively inexpensive;
CMR: 212:10 Page 17 of22
• Thos.e with the greatest ability to save (larger yards, more bathrooms, hot tubs and pools,
and so on), typically have the resources to pay higher bills;
• Those who would be most likely to restrict consumption due to higher prices are often
using the least amount of water and have the least flexibility in reducing usage; and
• Businesses that use water for operational needs, from washing dishes to production, are
understandably focused on increasing or maintaining production and revenue.
Staff will consider the implementation complexities involved in creating greater tiers to the rate
structure when it prepares a recommendation on water rate structural changes. Once that· is
determined, estimated water savings and potential benefits and costs of implementation will be
identified.
• Implement a Retrofit on Resale Requirement
A few cities have passed requirements that all inefficient plumbing fixtures be replaced at the
point of sale. This proposal does have water reduction capabilities and would upgrade the
housing stock within the City. However, these requirements are typically controversial and
complicated to implement, as the real estate community, current occupants, and others see this
step as an unnecessary complication and cost that could reduce the value of homes in comparison
to neighboring communities. Since only about 4702 homes, including single family homes,
condos and townhomes are sold each calendar year, assume that 500 toilets would be replaced.
Each home is assumed to have two toilets per home, but perhaps 50% would likely need to be
retrofitted. Water savings from the toilet replacements required in the RECO would be an
estimated water savings of 1,620,603 gallons per year (3,241 gallons per year per toilet) at a cost
of $300 per tbilet. Savings from aetators installations and· other RECO replacements would be
much less than for the toilet upgrades.
B.3 Residential and Commercial Opportunities
• Increase the Funding for Water Conservation Rebates
The MOU with the SCVWD for implementation of water conservation and efficiency rebates
ends in June 2010. Staff is currently reviewing the potential for expanding the number of rebates
and/or increasing the amount available to customers to incentivize participation in programs. All
increased incentives to the customers would come at a cost to the water utility, al1d water savings
for some of these options are still being developed. However, staff analysis of the most cost-
effective programs that have yielded the greatest water savings include indoor and outdoor water
use surveys and rebates for high efficiency toilets and high efficiency clothes washers.
• Water Budgets
CPAU staff continueS to review the option of developing water budgets for some segment of the
customer popUlation, such as all customers with irrigation meters or those who are the largest
water customers. This would require additional staffing in Utility marketing services (UMS) to
implement the programs and enhancements to the utility billing software and a ramp-up in timing
of smart meter implementation for these customers. The costs would be higher during ramp up
time,· presumably in the hundreds of thousands of dollars for software and meter purchases, but
on an ongoing basis would at least require one staff person at a cost of $75,000 to $100,000 per
2472 homes were sold in Palo Alto in 2009. This included 387 single family homes and 85 condos or townhomes.
CMR: 212;10 Page 18 of22
yeai'. Actual water savings would depend on the number of customers involved in the program,
but can be estimated at 5% for participating customers.
Planning staff is interested in researching if there are ways to enforce a performance period after
construction is cornplete to confirm that the water budgets developed during design and
construction are being maintained during operation. This is a similar concept to
recommissioning, which is practice to ensure that a building's designed energy savings continue
into operation. This would only be applicable for projects required to go through the Green
Building Program, but might provide good data and feedback on designed versus actual water
performance. .
• Set Water Use Targets and Goals
CPAU staff and other stakeholders have suggested that the City set well published goals or
targets for savings per resident. Some jurisdictions, for example, have a target water use saving
goal of 10 gallons per capita per day. Note that residential per capita water use for the City of
Palo Alto is currently ilboutl20 gallons per capita per day. This includes water sales to
residential single-and multi-family customers only. Staff could enhance its website and other
promotional activities to provide residents with a list of options that could be implemented on a .
more regular basis to achieve target water use reductions. Assuming that privacy issues can be
dealt with appropriately, some type of neighborhood competition program could be developed.
This program would require additional funds for marketing and educational development and
potentially a requirement to develop a program to analyze water usage by neighborhood. Water
savings for the total utility, assuming all or a large percentage of residents participated in the
program, could be as high as 4% of water consumption
• Half Gallon (0.5) Gallon Per Minute (GPM) Aerators
CPAU could work with Acterra and the SCVWD to distribute 0.5 gpm faucet aerators for
bathrooms. (as opposed to current 1.5 gpm aerators provided by SCVWD). Other jurisdictions
have implemented this option with mixed results because some people feel that the reduced
water flow is not sufficient. SCVWD currently provides the 1.5 gpm aerators to residents who
participate in the Water Wise House Call Program, as well as those who are involved in the
Greel1@Home audits through Acterra. If Palo Alto chooses this alternative, CP AU would need
to provide the new 0,5 gpm aerators to Acterra at a relatively small cost, assuming the current
rate of about 125 audits per year continues. Assuming 125 homes participate in the
Green@Home audits each year, the anticipated annual water savings would be 730,048 gallons
per year. The anticipated water savings if all homes in Palo Alto had 0.5 gpm aerators installed
iil their bathrooms instead of the 1.5 gpm aerators would be 145,999,876 gallons per year. This
estimate assumes 100%·ri1arket penetration. The City would need 25,000 to 50,000 of the 0.5
gprn aerators at a cost of $62,500 to $125,000 to realize these water savings.
• Set Stringent Water Use Targets and Goals
Water budgets could be developed "for all custorners based on lot size, previous usage, or some
other criteria. Fees or fines for violating these budgets could be authorized through the
Administrative Penalty Code. This option could produce water savings up to 5% of total (l0%
CMR: 212:10 Page 19 of22
of landscaping usage for residents), but is estimated to require significant costs in development
and result in significant levels of unintended consequences. This budget is yet to be developed.
In summary, the above programs will most likely help Palo Alto reach an extended goal of 30%
reduction from the proposed SB 7 baseline. Staff would potentially need.to engage an outside
consultant to further vet these additional strategies and calculate more accurate savings and
cost figures.
C. Strategies to Reach 40% Below Baseline Goal
Staff has also heard from some stakeholders that it should be the goal of Palo Alto to reach
beyond the 20% from the proposed SB 7 baseline, to a goal of 20% reduction from last year's
(2009) water use level, which would be similar to 40% below the proposed SB 7 baseline. Staff
b~lieves thatthis will be difficult and costly to reach. The SB 7 baseline as described above is
217 gallops per capita per day. A 40% reduction would be 130.2 gallons per capita per day.
This section briefly outlines a few strategies staff has discussed at length internally and with
community stakeholders. SOlI)e of the strategies are controversiaL These strategies will require
more ,time to assess both in terms of cost, water savings and unintended consequences.
This. level of reduction could require severe reduction landscape irrigation, as landscape
irrigation accounts for 40% of residential use, as described in Figure 3 on page 4. The only
feasible way for residents to reduce 40% of water consumption would be to either eliminate or
severely. restrict all landscape irrigation, in addition to replacing all indoor appliances and
fixtures with more efficient units. Businesses would face similar restrictions.
Currently Palo Alto residential water consumption is 120 gpcd as outlined in the graph in the
Colleagues' Memo. Reducing this by 20% (since 20% reduction from current use is about 40%
.reduction from SB 7 baseline use) would establish a goal of 96 gpcd for residenti<tl per capita
lise.
The Citycurr(;)ntly classifies all City-owned potable groundwater wells as emergency stand-by
only with the California Department of Public, Health (CDPH) permitting agency. Drilling new
wells for irrigation use is an option that c.ould be considered, but has not been investigated in
detail. Another option that had been discussed in public forums was replenishing the ground
water with our, recycled water, as is done in Southern California. Staff will need additional
resourCeS ,and time to be able to properly ass()ss this option.
" Another option that has been reviewed is, to use, ,the water currently pumped out of such locations
as the Oregon Expressway underpass for dewatering. This would require infrastructure
development (piping, storage, and treatment) in order to use the water for irrigation purposes.
These costs are so high as to render the option to be uneconomic. '
Other site planning strategies which, could be incorporated into the City's update to the Green
Building Code and that could have an impact on potable water use are:
CMR: 212:10 Page 20 of22
• Reduce allowed amount or percentage of turf on custorner-owned land significantly and
mandate Bay Friendly plant palettes beyond those required in the Green Building
Program;
• Only allow irrigation during certain times or day or on certain days of the week; and/or
• Discourage or even outlaw use of potable water for landscape irrigation.3
The strategies to reach 40% reductions. from the proposed SB 7 baseline are still in review by
staff. Staff may also need to engage an outside consultant to detail these additional strategies
and calculate more accurate savings and cost figures. Therefore, estimations of gallons saved or
cost to implement is not yet available. It can be assumed that most of these options, if
implemented, would cost a significant amount of money and may face some unintended
consequences.
RESOURCE IMPACT
Strategies described to meet the 20% reduction goal are within the staffing plan and budgets.
Strategies described to meet a 30% goal would require additional funding and staff resources, as
outlined in that section of this report.
POLICY IMPLICATIONS.
Approval of this policy is consistent with current City policies. It also supports the Council's
priority of Enviromnental Protection.
ENVIRONMENTAL REVIEW
This report does not meet the definition of a project pursuant to Public Resource Codes sec
21065, this California Enviromnental Quality Act (CEQA) review is not required.
ATTACHMENTS
A. Colleague's memo for 20% Water Reduction by 2020
B. Section of CMR 393:05; Modified Ahwahnee Water Principles for Resource Efficient
Land Use Proposed for Adoption by the City of Palo Alto.
OTHER RESOURCES
• High-contact, hands-on outreach program changes customers' water use behavior, By
Annette Humm Keen, David Keen, Guy E. Francis, and Adam Wolff
http://www.awwa.org/publications/ A WW AlournalArticle.cfm ?itemnumber=53987
• Principles for Level 3 Enhanced Water Restrictions for All Council/Developer Outdoor
Irrigation from the Government of South Australia
3 There are a number of jurisdictions in Australia and in the south western U.S. states that have implemented or are
looking at these measures.
CMR: 212:10 Page 21 of22
http://www.sawater.com.auINR/rdonlyresI77501150-EOD9-4E8F-8AB3-
A65 8 C 13 2824 AlO/L3 Enhanced Water RestrictionsCouncils. pdf
PREPARED BY:
CITY MANAGER APPROVAL:
CMR: 212:10
Joyce Kinnear, Manager Utility Market Services
Catherine Elvert, Utility Account Representative
Nicolas Procos, Sf. Resource Planner, Utilities
Kristin Parineh, Associate Planner
. Joe Teresi, Sr. Engineer, Public Works
Debravan Duynhoven, Assistant to the City
Manager for Sustainability
I
CITY MANAGER
Page 22 of22
•
Attachment A
DATE: ,October 26, 2009
TO: City Council Colleagues
FROM: Council Members Klshimoto, Klein and Yeh
SUBJECT: Directing the City Manager to Explore Ways to Reduce Potable
,Water Use In Palo Alto by 20% by 2020. ,
Recommendation
We ask our Council colleagues to join us In directing the City Manger to
explore and recommend ways the City can reduce our community-wide use
of potabl~ water by 20% by 2020 in conformance with the Governor's water
conservation directive. '
We would like the City Manager to come back to Council with his interim
recommendations on World Water Day -March 22, 2010.. '
Background,
Palo ,Alto. purchases its water from the San Francisco Public Utilities
Commission (SFPUC). Roughly 85% of SFPUC water comes from the
Tuolumr)e, River via the Hetch Hetchy Water System and 15% comes from
local sources such as Alameda Creek and Crystal Springs Reservoir. Palo
Alto's contract with the SFPUC guarantees the City up to 17 million gallons of
water per day (mgd) during wet and normal years. Palo Alto currently uses
an average of about 13 mgd.
Palo Alto is a member of the Bay Area Water Supply and Conservation
Agency (BAWSCA), which represents the SFPUC's 27 wholesale water
customers. The average per capita dally reSidential water use In the
BAWSCA territory is 90. gallons per day (see attached graph). The average
in Palo Alto I,s 120 gallons per person per day, one of the highest rates In the
region. There is much room for improvement. ,
As a result of th'e Water System Improvement Program that the SFPUC
approved last year, the total ,amount of water allOcated to, BAWSCA will be
capped at 184 mgd until at least 2018. To stay within this cap, BAWSCA has
committed to conserving or recycling an additional 22 mgd. By reducing its
water use, Paio Alto will play its role in helping BAWSCA stay within the cap.
Other BAWSCA agencies also will be embarking on water conservation and
recycling programs.
On February 28, 2008 Governor Schwarzenegger proposed a comprehensive
plan for improving conditions in the Sacramento-San Joaquin Delta,
Including an aggressive new goal for water conservation. The first element
on the Governor's list was "a plan to achieve a 20 percent reduction in per
caPita water use statewide by 2020."
Conserving water helps protect natural resources. The Tuolumne -
designated a federal Wild and Scenic River in 1984 -provides water for 2.4
million people in the Bay Area, as well as water for agriculture in the Central
Valley. Currently, 60% of the Tuolumne Is diverted for human uses, and as
a result the River has suffered. For example, the salmon population has
plummeted from 18,000 In 2000 to fewer than 500 last year.
Conserving water also will prepare Palo Alto for an uncertain future. As a
result of population growth and climate change, water'will become scarcer in
coming years and there will be Increasing competition for this vital resource.
It behooves the City to begin planning for this challenge now.
The new Water Supply Agreement between the SFPUC and Its 27 wholesale
customers (Including Palo Alto), represented by BAWSCA, allows member
agencies to transfer or sell excess water allocations. This could help drive
more Innovative water programs and practices. Because Palo Alto Is
allocated 4 mgd more water than it uses, we have the potential to sell our
excess water to other agencies to help fund our water conservation and
recycling programs.
Possible City Actions
Some opportunities the City Manager might explore include the following
measures:
• Increasing the use of recycled water from our Wastewater Treatment
Plant. Opportunities might include using recycled water to recharge
. our upper aquifer and using that water for landscape Irrigation.
• Promoting the use of graywater on site. Recent changes to the
plumbing code have made this a little easier.
• Recommending a water efficient landscape ordinance that encourages
the use of drought-tolerant plants and trees .. '
• Expanding water conservation programs, such as, but not limited to,
the use of mulch material to encourage water retention In adobe soils
and the use of precision water control and monitOring devices to
ensure the appropriate amount of irrigation for fields and parks.
• Using pricing incentives to encourage greater conservation:
.'
•
• Working more closely with our largest commercial and residential
water customers to encourage more conservation.
• Exploring a retrofit-on-resale ordinance that requires properties to be
upgraded with wafer efficient appliances ahd devices at the time of
sale.
• Implementing a water budget program similar to that used in Redwood
. City.
• Exploring ordiriances aimed at reducing water waste, such as banning
the use of hoses to wash off driveways and sidewalks.
• Expanding our rebate program for water-efficient appliances.
This memo has been reviewed by staff.
We look forward to discussing this recommended action with you.
B'AWSCA Annual Survey -FV 2007.08 63
Residential Per Capita Consumption andSingle.Family'
, Average Monthly Use Among BAWSCA Members. FV 2007·08
$tanford and Guadalupe Valley excluded due to unique ~ervlce areas; California Water
Service Is separated Into its three service areas. '
'Residential Single-Family
Service 'Residential Per Capita Average
Monthly Use
Daly City 106,361 2,671,556 51.5 8
East Palo Alto 29,690 774,219 53.4 "n/a
Brisbane 3,159 90,331 5B.6' 5
North Coast 40,000 1,155,924 59.2 "nla
CalWater -South SF 57,370 1,701,010 60.8 9
San Bruno 40,165 1,356,917 69.2 "nla
Hayward 149,205 5,086,793 69.9 10
Milpitas 69,419 2,380,541 70.3 12
Coastside 18,887 674,954 73.2 9
Skyline' 1,658 63,885 79.0 11
Millbrae 21,387 834,788 80.0 10
Mountain View 73,932 3,050,492 84.6 10
Mld·Penlnsula 26,050 1,108,593 87.2 10
Redwood City 83,895 M31,006 8B.7 11
Estero 36,000 1,576,730 89.8 13
Santa Clara 114,238 5,109,682 91.7 14
CalWater • Mid-Peninsula 124,279 5,615,040 92.6 12
AlamedaCWD 331,000 15,051,716 93.2 13
Burlingame 28,100 1,298,888 94.7 11
Sunnyvale 133,721 6,271,627 96.1 13
San JQse 14,800 ,698,347 96.7 10
Palo Alto 63,467 ),536,21 !p. 114.2 15'
Menlo Park 10,308 748,048 148.7 16
CalWater • Bear Gulch 55,501 5,633,409 208.0 28
Hillsborough 10,825 1,678,233 317.7 33
Purlssima Hills 6,050 985,962 334.0 40
Totals 1,661,467 73,070,171
Total Averages 90.1 14
Median of Agencies 83.4
'Includes multi·family and single family accounts .
.. East Palo Alto, North Coast, and San Bruno report multl·family with single family use. ,
Source: BAWSCA FY 2007-08 Annual Survey Table VIA
Currant Water U.a Par CapIta January. 2009
"
Agenda Item 114-8 .•
How Efficiently is Water Used Today?
350
300
>-tV " ~ '" c. 250 .~ c. G
~ '" 200 a.
" c .!1
i 150 OJ' .. ::l
'jij .~ 100 " ~ '" " ... 50 tV M ~
o
Residential Per Capita Consumption -FY 2006-07 (In gpcpd)
westborough.
OalyClly
East Palo Alto
Brlg!)ane
NonhCoesl
cws. Soulll SF
S'n Bruno
Haywarc:{
Milpitas
skyline
C08stS]di
Millbrae
Mountain Vi8\¥
MltI·Penlnsul,
MEQ,IAN(9t.1)
Redwood City
Estero Sentaelm·
CWS· Mld·Peninsula
A!amed.
sunn~.r.
San JOlt
:'
o
Burlingame
Pa!()Atlo
M!!nloPar1C.
ews· Bear GulCh
HIIISl)arouOh
Purissima Hills
10 20
Figure \17 A
High Water Using Areas Represent a
Small Percentage of the Population
30 40 50 60 70 ao 90 100
Cumulative Percentage of Population
Attachment B
The Modified Ahwahnee Water Principles for Resource Efficient Land Use
Proposed for Adoption by the City of Palo Alto
Preamble
Cities and counties are facing major challenges with water contamination, storm water runoff,
flood damage liability, and concerns about whether there will be enough reliable water for
current re~idents as well as for new development. These issues impact city and county budgets
and taxpayers. Fortunately there are a number of stewardship actions that cities and counties can
take that reduce costs and improve the reliability and quality of our .water resources.
The Water Principles below complement the Ahwahnee Principles for Resource-Efficient
Communities that Were developed in 1991. Many cities and counties are already using them to
improve the vitality and prosperity of their communities.
Community Principles
1. Community design should be compact, mixed use, walkable and transit-oriented so that
automobile-generated urban runoff pollutants are minimized and the open lands that
absorb water are preserved to the maximum extent possible.
2. Natural resources such as wetlands, flood plains, recharge zones, riparian areas, open
space, and native habitats should be identified, preserved and restored as valued assets for
flood protection, water quality improvement, groundwater recharge, habitat, and overall
long-term water resource sustainability.
3. Water holding areas such as creek beds, recessed athletic fields, ponds, cisterns, and other
features that serve to recharge groundwater, reduce runoff, improve water quality and
decrease flooding should be incorporated into the urban landscape, while meeting best
practices for mosquito control and groundwater pollution prevention.
4. All aspects of landscaping from the selection of plants to soil preparation and the
installation of irrigation systems should be designed to reduce water demand, retain
runoff, decrease flooding, and recharge groundwater.
S. Permeable surfaces should be used for hardscape where practical. Impervious surfaces
should be minimized wherever practicable or runoff water should be redirected so that
land is available to absorb storm water, reduce polluted urban runoff, recharge
groundwater and reduce flooding.
6. Dual plumbing that allows gray water from showers, and non-kitchen sinks to be reused
for subsurface landscape irrigation should be encouraged for new and remodeled
buildings, and education programs should be developed on the proper construction and
operation of systems that use grey water.
7. Community design should maximize the use of recycled water or other nonpotable water
supplies for appropriate applications including outdoor irrigation, toilet flushing, and
commercial and industrial processes. Purple pipe should be installed in large, new
construction and remodeled ("remodeled", used here, means when the plumbing is being
replaced) buildings in anticipation of the future availability of recycled, or other
nonpotable, water. .
8. Urban water conservation technologies such as low-flow toilets, efficient-clothes
washers, and more efficient water-using industrial equipment should be incorporated in
all new construction and retrofitted in remodeled buildings.
CMR:367:0S Page 8 of9
9. Ground water treatment and brackish water desalination should be pursued when
necessary and practical to maximize locally available, drought-proof water supplies.
Implementation Principles
1. Water supply agencies should be consulted early inthe land use decision-making process
regarding technology, demographics and growth projections.
2. City and. county officials, the watershed council, LAFCO, special districts and other
stakeholders sharing watersheds should collaborate to take advantage of the benefits and
synergies of water resource planning at a watershed level.
3. The best, multi-benefit and integrated strategies and projects should be identified and
implemented before less integrated proposals, unless ljrgency demands otherwise.
4. From start to finish, projects and programs should involve the public, build relationships,
and increase the sharing of and access to inforl1)ation. The pa11icipatory process should
focus on ensuring that all residents have access to clean, reliable and affordable water for
drinking and recreation. ,
5. Plans, programs, projects and policies should be monitored and evaluated to determine 'if
the expected results are achieved and to improve future practices.
CMR:367:05 Page 9 of9
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEP AR'fMENT: City Manager's Office
APRIL 19,2010 CMR: 200:10
Update on City Sustainability and Environmental Initiatives
Including a Report from the Community Environmental
Action Partnership (CEAP)
This is an information report on ongoing environmental initiatives and no Council action
is rcquired. Thc following report updates infonnation brought to Council on April 27,
2009 (CMR217:09).
DISCUSSION
COMMUNITY ENVIRONMENTAL ACTION PARTNERSHIP
The Community Environmental Action Partnership (CEAP),s annual report is attached to
this document (Sec Attachment A). More information on CEAP's plans, meetings and
discussions is available at www.pa-ceap.org.
CLIMATE PROTECTION PLAN
Staff will present a separate report on progress on Climate Protection Plan Update on
April 19,2010.
GREEN BUILDING AND CONSTRUCTION & DEMOLITION DEBRIS
PROGRAM
Staff will present a separate report on progress on Green Building and the Construction &
Demolition Program on April 19,2010.
GREEN PROCUREMENT
Green Procurement, also known as Environmentally Pre felTed Purchasing, is the purchase
of products or services that have a reduced impact on human health and the environment
when compared with competing products or services that serve the same purpose. Staff has
completed its three-year workplan for greening several City products, services and
CMR: 200:10 Page I ofl6
operations. In March 2010, the City of Palo Alto's Green Purchasing Program received the
Green California Summit and Exposition Award for Leadership in Green Purchasing.
Highlights of accomplishments include green specifications for:
• Fluorescent lights to require low-mercury and highest efficiency lamps
• Out-of-house printing to include reduced packaging, 100% post-consumer
recycled content paper for utility bill inserts. The pdnter (Prodigy Press) is also
required to prompt departments to consider recycled-content paper before each
print job and must become certified as a green Printshop through the Santa
Clara County Green Business Program.
• Pest control and landscape maintenance contract requirements to reduce the
toxicity of pest control and move towards organic fertilizers and "Bay Friendly"
landscape maintenance techniques. In-house efforts to purchasc less-toxic pest
control products have also yielded excellent results and are reported on in a
separate city manager report.
• Copiers and printers purchased by the City are required to arrive preset for
duplexing.
• Computers and monitors must be EPEA T Gold Certified (Elcctronic Product
Environmental Assessment Tool). EPEAT is a third-party organization that
certifies laptops, monitors and desktop computers based on reduced toxicity,
product longevity, energy conservation, performance, and standards for end-of-
life management for products and packaging including no oversea disposal of
electronic waste.
Increased responsibility placed on manufacturers and contractors for the
elimination or take-back of non-recyclable packaging, hazardous waste and
"universal wastes" (e.g., fluoreseent lights, e1eetronics, ete.).
• Green Business Certification: A statement in several contracts states the City's
preferenee to work willl Bay Area Green Business Certified companies, or
companies that are en route to completed certification. This requirement will be
added as new contracts and purchasc orders are issued.
Green Purchasing also includes greening operations to make the best product decisions and
to minimize waste and related costs. Efforts to green purchasing operations include a
successful 2009 pilot project offered by the Utilities Department to provide life cycle
costing workshops for City staff and Utilities large commercial customers. Utilities will
continue to offer one or two workshops each year.
As bids for contracts are returned, inaividual divisions will need to evaluate the balanee
of price, performanee and environmentallhuman benefits in deciding whether to pay any
increased prices for improved products and services. In some cases price changes may be
neutral or may decrease through product use efficiencies.
FY 2010 goals include furthering requirements for packaging and product producer
responsibility, continuing to add preferences for vendors to be certified as a Santa Clara
County Green Business, increasing requirements for vendor reporting, and greening
three-five contracts and goods each year.
CMR: 200:10 Page 2 of 16
OPEN SPACE
Foothills Fire Management Plan.
On May 18, 2009 Palo Alto City Council adopted a Mitigated Negative Declaration and
the Foothills Fire Management Plan. This plan is an update to the 1982 and 1997
Foothill Fire Management Plans. The revised plans include fuel treatment strategies for
specifically identified sensitive areas within Foothills Park, Pearson Arastradero Preserve
and segments of Skyline Boulevard, Page Mill, Arastradero and Los Traneos Road. In
addition the Plan includes law enforcement (evacuation, notification/warning [CANS],
Block Preparedness Coordinator Program), open space operations (Ranger staff), Utilities
(water supply and related infrastructure), Public Works, and other areas. The plans
recommend that staff develop a Foothills Emergency Plan and that thc City support the
formation of a Midpeninsula Foothills Emergency Forum (MFEF), similar to that created
in the East Bay following the Oakland Hills Fire of 1991.
The objectives of the plan are:
• Life Safety
• Structure and Infrastructure Protection
• Ignition Prevention
• Fire Containment
Funding is needed for implementation of any new work under the plan. The city is
eurrently seeking grants for implementation and for formation of the Midpeninsula
Foothills Emergency Forum.
Baylands Conservation Plan.
Due to the City's budget shortfall, the completion of the Baylands Conservation Plan is
on hold for at least the next year. The first chapter, which considers the vegetation of the
Baylands tidal areas, has been completed by a consultant and reviewed by staff. The
chapters on hold were to analyze public access and wildlife habitat at the Baylands. The
cost of this consulting work, bid at $50,000 for the next phase, was eliminated from the
Open Space operating budget in the mid-year budget adjustments (CMR:145:09). This
project was chosen for postponement in order to be able to continue vital resource
management projects.
In order to continue the development of the eomprehensive plan, staff is exploring
completion of these chapters as student thesis projects using students from Stanford
University or San Jose State University.
PALO ALTO DOWNTOWN FARMSHOP
On March 31't, the Palo Alto downtown FarmSho~ re-launched at Lytton Plaza following
a unanimous approval of eouncil on March 1St , 2010 of a revised FarmShop Plan.
(CMR: 160: 1 0) Staff has hired a volunteer FarmShop Markct Manager replacing a paid
position. The intent of this program was to provide local, organic produce for the
CMR: Page 3 16
community and City employees, which is in line with the City's overall goal of
sustainability. The FarmShop also has a related CSA program managed by Capay Valley
Growers which also provides the opportunity for the community to connect with farmers
and with the process of local food production, enabling a better understanding of the
many benefits of organic, healthy food.
SUSTAINABLE URBAN FOREST PROGRAM
The Urban Forest Management Plan was funded by Proposition 84 bond fund grant,
which was for $66,000. The project lead is Gloria Humble. City projects under this plan
are:
1. Street Tree Inventory Grant $120,000 -Eric Krebs, Project Lead
Street Tree Inventory, Data Integration and Analysis Contract No. Cl 0135076 was
fully executed on March 15 2010. This is a major component to the Street Tree
Management Plan. This fundamental task is underway and will result in a product
that can be integrated into the City's existing tree database and GIS. The project
completion datc is June 30,2011.
When completed the tree inventory will provide aecurate baseline information about
the City's tree resources which will, in turn, influence subsequent tasks related to the
Street Tree Management Plan a major component to the Urban Forest Master Plan. It
will also influence PW ITree Seetion's tree maintenance procedures. Currently PW
contracts area pruning to satisfy due diligence for the City's tree care. The inventory
will identify work needed by priority. One of the anticipated results will be the
redirection of our work priorities and procedures. The Public Works plan is to use in-
house and contract crews to catch-up on these priorities prior to returning to area
pruning. We will know more when the inventory and analysis is completed on June
30,2010.
2. Tree Speeies Database:
This is another fundamental task that is also underway. A subcommittee of the Urban
Forest Master Plan team has done considerable work on a tree species database. The
team comprises ISA certified arborists Eric Krebs, Steve Scott, Gino Segna and Dave
Dockter from the City of Palo Alto and ISA certified arborists Dave Muffly, Roy
Leggitt and Sharon Kelly from Canopy. A volunteer database consultant has built and
outline database that allows team participants to enter values for more than 40
carefully defined attributes per species onlinc. This database will be initially hosted
on the Canopy website as the new "Tree Library" accessible to the pUblic. From the
database a number of pre-selected recommended lists will be built, such as: drought-
tolerant trees (a priority), trees appropriate under power line, etc.
The scope of this project is unprecedented and when completed will provide an
accessible database pertaining specifically to the conditions in Palo Alto and
capturing the field knowledge oflocal professionals with decades of experience.
Page
3. Block Side Species Replacement List:
Public Works staff is working on a list of acceptable replacement species for each
block of the City. The list is designed to assign trees for replanting when public trees
are removed and replaced.
When completed this task will be an invaluable tool for the procedures section of the
Street Tree Management Plan.
4. Updated Tree-Removal Process:
Public Works Operations Division revised the procedures for removing public trees
as related to street tree maintenance. Per Council direction, Staff is working c10sel y
with Canopy and various Cily'departments to create a public notification process for
tree removals and/or replacements. This new process will cover designated trees,
protected trees, and City-owned street trees which are impacted by activities from
Capital Improvement Projects, Utility projects, and private development. A draft of
this process will be presented to Council this summer.
5. Procedures
The following three Procedures subcomponents are in progress:
a Development Related Public Tree Removal
Public Works Engineering is working with Planning and Public Works on a
tree removal procedure for removing public trees relating to CIP, private
development and Parks renovations.
b Solar Panel Permitting Process:
Dave Dockter has established a protocol for reviewing existing trees as part of
the permitting process for solar panels to ensure that installations don't
conflict with protected tress.
C Greenhouse Gas Reduction:
Dave Dockter, Debra van Duynhoven, the City's Sustainability Coordinator,
and staff from the Utilities Department have met with representatives from
pertinent federal agencies and are working to facilitate the City's adoption of
the Urban Forest protocol for reducing greenhouse gasses that was recently
approved by the Air Resource Board.
The following two procedures subcomponents have been identified but are not yet
underway. .
a. Update of the Tree Technical Manual
The document will be updated to include inter-departmental coordination
policies and procedures that are being developed.
b. Comprehensive Plan Update
The City is in the process of updating its Comprehensive Plan and staff
recognized the need to integrate the urban forest master plan in the
Comprehensive plan.
Additional Tasks
CMR: 16
The City has also identified tasks that were not included in the original outline for the
master plan.
c. Global Climate Change
This priority is already reflected in the B1ock-by-B1ock list of tree species
recommendations and willtmdoubtedly affect other decisions and tasks
related to the mastcr plans as Palo Alto begins the process of transitioning
from a thirsty forest to a forest adapted to the climate and water accessibility
conditions we may face in the next 30-50 years.
d. Recycled Water Program
They City's program to supply recycled water to commercial customers for
irrigating large-scale landscape installations is being reviewed to resolve
issues related to the salinity of the water. This topic may be integrated into the
master plan.
TRANSPORTATION
The overall goal of green transportation-related programs is to reduce the greenhouse gas
emissions generated by City employees commuting to and from work as well as those
generated by travel during the work day using City vehicles.
Staff initiatives since April 2009 include:
• Employee commute survey: More than 500 city employees participated in
the second web-based commute survey in April 2009, which showed that 73%
of employees drove alone, 10% carpooled, 7% took public transit, 3% came
by bike and 2% came in a vanpool. Average rotmd trip commute distance
from home to workplace was 39 miles. On average, employees spent 31
minutes getting to work and 37 minutes returning home in the evening. Of
particular interest was that more than 30% of solo drivers indicated that they
were willing to consider carpooling or taking transit, while 26% were willing
to try bicycling and 13% would consider participating in a vanpool.
• Encoura!!in2 alternative commutes: In May, the Palo Alto Staff Goes
Green campaign kicked off by asking employees to reduce their carbon
footprint by trying an alternative to driving solo once a week or finding
another employee to carpool to work with via a new City-specific link to the
511 Rideshare matching service. This generated a significant increase in
employees registered for the alternative commute program, but not to a
sustained increase in employees actually participating in the program each
month. '
• Changes to incentives for the employee alternative commute program:
Due to the City's budget challenges, a proposed increase to monthly
incentives for employees participating in the alternative commute program
was shelved in January. However, staff has identified opportunities to
CMR: 200:10 Page 6 of 16
improve the net benefits received by employees who commute .by transit,
vanpool or bike without increasing direct costs to the City. These changes
would take advantage of recent changes to federal tax law related to qualified
transportation fringe benefits, and also streamline the administration of the
program for both City staff and employees. In brief:
o Employees who regularly commute by bike will receive $20 per month
'tax free for qualified bicycle commute expenses (instead of receiving
this amount as a taxable addition to salary as has been the ease since
the City'S commute program began decades ago).
o The existing tax free benefits for transit and vanpool users will change
from a flat amount to a more equitable incentive equal to 25% of their
monthly costs for transit passes or individual shares of the vanpool
lease.
o For the first time, the City will offer a pre-tax salary reduction option
which will allow employees using transit or vanpool to pay for the
difference between the tax free monthly incentive and their qualified
commute expenses (up to $230 per month in 2010) with pre-tax
dollars. In most cases, this will mean that their net monthly commute
costs are reduced by an additional 26%. The City would also save an
estimated 1.45% of payroll taxes on the amounts shifted from taxable
income under this option.
Outsourcing the administration of this program to one of the leading providers
of commute benefits is needed to ensure compliance with IRS regulations and
will result in administrative savings for the City. The current system of paper
monthly forms will be replaced by use of the outside provider's secure
website (available 2417 and easy to use). Employees will also receive transit
passes or vanpool vouchers ordered via this website by mail in time for the
new month a significant increase in convenience for employees.
Additional transportation related activities that staff has initiated are:
• City Fleet -The Equipment Management Division of the Public Works
Department continues to aggressively but prudently pursue alternative
fuel/clean air vehicle strategies in procurement of new City vehicles,
particularly in market segments where these vehicles are available directly
from the vehicle manufacturer equipment is available, such as passenger
vehicles and light trucks. 'The City's emphasis continues to be primarily on
CNG-fueled vehicles, given the reduced carbon footprint, lower fuel cost, and
operational advantages provided by virtue of the City gas utility. Additionally,
public access to CNG fueling on a contract basis will become available in the
summer of 20 I 0 at the City Municipal Service Center when construction of
the new fueling facility is completed.
• EV parking spots Staff has received $12,000 in grant funding from the Bay
Area Air Quality Management District (BAAQMD) for a pilot program to
install 6 EV charging stations at City Hall. Although staff is waiting funding
-:::-C~;:;:;:~--~---.... ---.... -.--... --------.---:::---=--:o-CMR: 200:10 Page 7 ofl6
from California Energy Commission (CEC) to be able to complete tile project.
The City of Palo Alto partnered with Association of Bay Area Governments
(ABAG) to apply for tile CEC fnnding in conjunction with the Bay Area EV
Corridor Project. Complete project costs were estimated to be $39,220, of
which approximately 1I3rd was applied for to CEC, 1I3rd will be covered by
BAAQMD and the remainder to be in-kind services by the city and its staff.
The project will not proceed unless CEC fUnding will be received.
• Zipcar -Staff has been working with Stanford to have 2 parking spots
dedicated for Zipcars. Stanford approached staff as there was a desire by the
students to have the ability to use a Zipcar from the Caltrain Station. The city
manages and sclls permits to lot X, which is behind the Sheraton. Recently
the city has not sold out of permits for this lot, so it was determined that it
would be a good use of resources to dedicate 2 parking spot for Zipcars.
Although this arrangement is under the Stanford agreement with Zipcar, any
Zipcar member can use tilese cars and Staff will be receiving usage data,
which will help in determining and future car-share installations.
• Bike Share -Stafr launched a city employee Bike Share program with the
bikes that were used at the Senior Games last summer. The program includes
approximately 40 bikes distributed thorough out all city facilities. The
program launched in November with a bike rally with about 30 participants
including tile Mayor and the City Manager.
UTILITIES RENEWABLE ENERGY SUPPLY
Electric supply from renewable resources reached 19% during 2009, up from 17% tile
prior year, and is expected to reach 21 % by year 2012. Due to the high competition for
renewable resource supply, the progress in meeting the City'S short term renewable
electric supply goals has lagged behind Council goals. Staff has been striving to meet the
long term renewable energy supply goal of 33% by 2015 a11ead of the rush by the rest of
tile state trying to reach the same target in 2020. However, staff will return to the
Utilities Advisory Commission in August 2010 and to the Council in the fall of2010 to
re-examine appropriate renewables target percentages, target timing and allowable rate
impact.
UTILITIES CONSERVATION-RELATED PROGRAMS
Renewable, efficiency, and conservation activities in tile City of Palo Alto Utilities
(CP AU) Department as of thc end of Fiscal Year 2008-2009 werc reported to the City
Council in an infoffilational memo on January 11, 2010. An update to program
achievements during the first half of Fiscal Year 2009-2010 is below:
Renewable Energy ProgramS
PaloAltoGreen
As of tile end of the calendar year in December 2009, PaloAltoGreen had 6, II 0 members
or just over a 21.4% participation rate. Participation continues its slow trend upward.
-.... ---~ .. ---~ .... ---~ ~---.-.-.. --..... -... ~-~ ..... ~~~
CMR: 200: 10 Page 8 ofl6
Solar Water Heating Program
The rebate program to provide rebates for residential and commercial solar water heating
systems has paid out 18 rebates through the end of December 2009 for a total of just
under $22,000.
Solar Pbotovoltaic (PV Partners) Program
The PV Partners Rebate Program continues to increase numbers of customers with
installed PV systems in Palo Alto. Program involvement in shown in the table below. As
can be seen, the program continues to exceed annual goals and is 28% toward the 10 year
state (SB 1) goal for installations.
PreSBI Program
Year Application Count kW Rebate Paid
1999 4 16 $ 93,008
2000 6 16 $ 83,383
2001 27 100 $ 391,714
2002 22 73 $ 168,506
2003 16 40 $ 113,377
2004 17 45 $ 173,982
2005 20 74 $ 223,356
PreSBI Subtotal 165 574 $ 1,796,397
SBI Program
Year Application Count kW Rebate Paid
2007 77 213 $ 627,398
2008 85 1,347 $ 2,059,317
270 $ 663,725 2009 ,=40~====~~~=.;;;;;;=~~
SB I Subtotal 202
SRI Goal N.A.
% of SBI Goal N.A.
Grand TOTAL 367
pending 48
IG-;:;;.Jio/;!. __ I_----'I_" ____ 415.
Residential and Commercial Efficiency Programs
Water Conservation
1,831
6,500
28%
2,404
1,243
3,647
$ 3,350,439
$ 13,000,000
26%
$ 5,146,836
$ 2,268,659.00
$ 7,415,495
Water conservation programs through the Santa Clara Valley Water District (SCVWD)
continue to be productive. In the fiscal year through December 31, 2009, the following
rebates and/or water audits were completed:
,-... -----------.... ----.--~-----,
PROGRAM 711109 to 12131109
CMR: 200: 1 0 Page of 16
Single Family Completed
Multi-Family completed
Program Expenditures $
Water
Residential
: Small Commercial
• Program Expenditures $ (grant funded)
Warer
Single Family
Program Expenditures $
• Water
Irrigation Audits Performed
Program Expenditures $
Water
: Commercial II HET
Multi-Family HET installations
Program Expenditures $
Water
Total Commercial Washers Installed
Program Expenditures $
Total Commercial Industrial Inst. Audits
Program Expenditures $
Program Expenditures $
Water
Number of Landscape Retrofits
Expenditures $
feet nft",flh,,," \
\,',' ,
198
6
13,980
816
o
2
200
110
8,250
13
8,450
I
16
8
5,400
10
1,750
428
184
6,900
14
14,000
3
112
The City cost sharing with SCVWD on the timely Landscape Rebate Program (aka, 'cash
for grass') is offered for replacing irrigated turf grass (lawn) with low-water using plants
CMR: 200:10 Page 10 of 16
and/or penneable area. Palo Alto residents can receive a rebate of $1.50 pcr sq. ft. with a
maximum of $3000, with commercial area incentives as well.
Staff presented the new state Water Efficiency Landscape Ordinance and a draft Palo
Alto specific version to the UAC in January 2010 and to a variety of community groups
in January and February. Based on input received, the City will remain under the
statewide Ordinance until the statewide Green Building Code (Cal Green) goes into effect
in 2011, at which time many of the efficiency measures will be included in the building
code. The Planning Department is coordinating a city-wide teanl to work on this update
and will present it to City Council in mid-201O.
The Residential and Business New Construction Rebates
The rebate progfanls for both Residential and Business New Construction Programs have
been developed and are being promoted to customers. One rebate under eaeh program
(for a total of two) has been paid. In the queue are three residential, three multifamily
and one commercial rebate.
Residential Energy Efficiency Programs
A summary of residential energy efficiency programs is listed below:
July 1, 2009 through February 12,2010
Measure Units Amount kWh Saved Therms
Est. Est.
Attic Insulation R-30 32 $4,650.00 12,075 4,297
Attic Insulation R-38 7 $\,400.00 2,686 965
Boiler 9 $3,000.00 1,800
Cent! A C SEER 14 $200.00 339
Cent! A C SEER 15 5 $900.00 2,085
Clothes Washer Tier 2 30 $1,015.00 4,410 510
Clothes Washer Tier 3 241 $18,075.00 40,488 4,579
Dishwasher 36 $1,700.00 1,584 144
Dishwasher -CBB Tier I 9 $270.00 297
Dishwasher -CEE Tier 2 106 $5,250.00 4,240
Flat Roof Insulation -RI9 3 $450.00 510 267
Gas Furnace 50 $10,800.00 4,200
LED Holiday Lights 731 $0.00 17,544
Pool Pump 5 $1,000.00 7,000
REAP -Attic Access Install 2 $200.00
REAP -Attic Insulation (units sq. ft.) 4,420 $0.00 1,238 663
REAP -Caulking MFR Windows etc. 24 $1,267.68 46 24
REAP -CFL Replacement 215 $2,150.00 15,050
REAP -Door Weather-Stripping 37 $2,279.20 111 148
REAP -Faucet Aerator 87 $513.30 261
REAP -Hardwire Interior Lights 108 $6,971.40 12,096
REAP -Hardwire Porch Light 9 $580.95 1,962
REAP -Low Flow Showerhead 41 $1,408.76 287
REAP -1'8 Delamp Conversion 'II $4,004.00 50,214
Refrigerator 168 $9,950.00 14,1l2
..... _-----...... __ ...
CMR:200:1O Page II of16
Refrigerator Recycling 95
Tankless Water Heater 13
Wall Insulation 15
Water Heater-Electric 2
Water Heater-Gas Tier 0 7
Water Heater-Gas Tier 2 9
Totals 6,608
Smart Energy
$3,325.00
$2,850.00
$2,600.00
$80.00
$240.00
$1,500.00
$88,630.29
184,870
1,690
1,335 1,335
358
374,649
119
675
21,963
The Smart Energy Program continues to be well received by customers with 1,430
rebates having been paid fiscal year 2009-2010 through December 31, 2009. LED
Holiday lights were distributed in exchange for old incandescent light bulb strings to 731
residents in December 2009. Clothes washers (271) and refrigerators (168) have the
largest number of rebate applications in the program.
Residential Refrigerator Recycling Program
The recycling program implementer (JACO) is currently a partner of the EPA
Responsible ApplianCe Disposal Program (RAD). The program picked up and recycled
95 running refrigerators and freezers during in the first half ofFY 2010.
Low Income Program (REAP)
The Residential Energy Assistance Program (REAP) provides efficiency upgrades and
equipment replacement for low income residents. Residents receive new lighting, get
weatherizing installations, and can have refrigerators and furnaees repaired and/or
replaced. The third party contractor worked in 60 homes, 45 at California Park
Apartments and 15 single family residents, between July 1,2009 and February 2010. A
total of 423 lights have been upgraded, and 4,420 square feet of insulation was added to
these homes.
Adena Green@Home Energy Audit
Aeterra's Green@Home energy audit program is in place. During the period July I, 2009
to December 31, 2009, 41 House Calls (including 55 Compact Fluorescent Light
giveaways) were completed for Palo Alto residents. Since the program began in August,
2008, a total of 141 House Calls have been completed in Palo Alto. Acterra was closed
for the Thanksgiving and Christmas holidays, so the volnnteers were not conducting
House Calls during those times. Out of the total 41 Palo Alto House Calls made since the
beginning of the fiscal year, 35 residents have been successfully contacted by phone
afterwards for a program review.
Acterra is continually improving processes and database. Here are some of the areas
where they have made major changes:
• Based on focus group results, Green@Home changed the data worksheets used by
the volunteers to make them easier to use and more instructive.
• The Checklist given to residents was modified to combine both habits and
upgrades in the appropriate section (e.g. lighting, heating and cooling, kitchen,
and so on). The items were also sorted by cost of implementing that energy saving
change. A cover letter was added to the front of the checklist to help explain what
~=--~--cc--------------.. --..... --------c ~c:-~ CMR: 200:10 Page 12 of 16
was in the report. An additional sheet was added to better record post House Call
recommendations for the resident.
• The C02 reports sent to residents soon after the House Call now include a
reminder of the commitments that the resident agreed to.
• During this period, Green@Home set up an online registration process for
residents to apply for a House Call through Aeterra's website.
Street Lighting Pilot Project
Phase One of the LEDlInduetion streetlight pilot project has been completed. For the
pilot, seven Light Emitting Diode (LED) and three induction streetlight fixtures were
installcd on the residential streets of Colorado and Amarillo Avenues in the first week of
July 2009. Additionally, two LED and two induction fixtures equipped with
communication hardware that allows remote monitoring and dimming were installed
outside City Hall.
Measurement results from the pilot project show that LED fixtures produce light output
that are more uniform than that of existing High Pressure Sodium (HPS) and induction
fixtures. LED fixtures also have much better cut-off on the curbside of the streetlight
fixture, resulting in significantly reduced light trespass over residents' property.
The pilot also demonstrates that the LED fixtures offer higher energy savings than
induction fixtures based on similar light output. The combined energy and maintenance
savings from LED luminaires results in favorable economics for LED. The simple
payback for replacing a 70 watt (nominal) HPS with an LED luminaire with output
illuminance comparable to that of the HPS luminaire is around 12 years. As LED
technology continues to improve and luminaire cost decrease over time, one can expect
the economics of LED streetlights to continue tc improve. By comparison, the simple
payback for induction fixtures is around 17 years.
Community feedback shows that LEDs are generally preferred over HPS and induction
streetlights. The biggest drawback of the LED fixtures tested in the pilot is the color of
the light output. Compared to the yellowish glow of the HPS streetlights, the light output
from LEDs tested appears too bluish white. The LED luminaires tested in the
demonstration have a correlated color temperature (CCT) of 6,000 Kelvin (a very bluish
light); by comparison, the CCT was 5,000 Kelvin (bright white) and 2,100 Kelvin
(similar to an incandescent light in color) for the induction and HPS streetlights
respectively.
The remote monitoring/dimming system performed as anticipated. However, based on
the current cost of the technology, it is not economical tc deploy the remote
monitoring/dimming system with LED fixtures. For the pilot scenario of retrofitting a
150 watt HPS with an LED fixture, deploying a remote monitoring system with a daily
schedule of dimming the fixture by 25% for five hours, increases the simple payback by
over three years.
--.. ~~------CMR: 200:10 Page 13 of 16
The LEDllnduction Streetlight Pilot Project final report is expected to be jointly issued
with the Department of Energy in April. Engineering is currently planning to test
additional LED fixtures with lower color temperatures for light that appears less bluish.
Based on the result of this Phase 2 pilot testing, the Utilities Engineering Division will
develop a set of specifications for LED streetlight fixtures and will issue an RFP for LED
fixtures funded by the DOE's Energy Efficiency and Conservation Block Grant.
Electric Efficiency Financing for Businesses Program
On August 3, 2009, Council approved the recommendation that a financing program for
small business customers to install electric efficiency items would be implemented by a
third party program consultant. The UAC recommended to Council that this program be
funded from the Calaveras Reserve and Council approved this on December 7, 2009. A
Request for Proposals was sent out in January 2010. Responses from three potential
vendors were received in March 20 I 0 and arc currently being evaluated.
Third Party Efficiency Programs for Businesses
During the fiscal year, third party programs to help business customers were expanded.
The Right Lights+ program for smaller customers was expanded beyond lighting to
include a wide variety of efficiency measures for commercial kitchens. COlmcil
approved additional funds for this contract on December 14, 2010. The first rebate was
just issued under the contract with National Resource Management. A new program for
large customers to implement natural gas and electric equipment (Commercial and
Industrial Energy Efficiency Program) was implemented with Enovity. Fifteen
customers have signcd preliminary agrcements and have completed investigations.
Key lmd Major Accounts
The Utility Marketing Services staff is working to develop a marketing and
communication erunpaign for smaller businesses to help them become more involved in
efficiency efforts. The first postcard to small businesses was sent in early December
2009. A mailing to restaurants was sent in November 2009 and again in January 2010.
Key Account customers responded very positively to the information they received from
representatives during the day-long outage on February 17,2010. An email survey was
sent to Key Accounts in the week after the outage, and nearly all customers said that they
were well informed by their representatives. Utility Marketing Services is changing
processes to ensure that those few customers who did not receive sufficient.information
will do so in any future events.
Progrllm Delivery and Reporting
Third Party Measurement and Verification
State law requires an independent evaluation of efficiency and conservation programs
each year. The second annual report was completed in mid-March 2010 and was
delivered to the Northern California Power Agency for informational purposes and for
inclusion in a statewide publicly owned utility report to the California Energy
CMR: 200:10 Page 14 16
Commission (CEC). An informational report detailing the results of the study were sent
to the Utilities Advisory Commission (UAC) in April 2010.
Utility Efficiency and Conservation Reporting
Updated information report on annual energy efficiency results is completed and was
provided to the UAC and City Conncil in January 2010. Results were delivered to the
CEC, as required by law, in March 20 10. A copy of this report, including a summary of
Palo Alto's evaluation report for FY 2008-2009 (delivered to the UAC in April 2010) and
efficiency results for the same time period (delivered to the UAC in January 2010) are all
available to download at http://www.cityofpaloalto.orgldepts/utl/residential/default.asp
ZERO WASTE
Staff will present a separate report on progress on Climate Protection on April 19,20 I O.
RESOURCE IMPACT
Most of the programs discussed in this report are funded in the adopted 2009-10 budget.
In cases where staff work on the above and related programs will require additional
funding, staff will request the needed funds via the upcoming budget approval process.
POLICY IMPLICATIONS
All of the above programs are in line with the City'S Sustainability Policy, Council's
adoption of the Climate Protection Plan, and other existing City policies.
ENVIRONMENTAL REVIEW
This report is informational in nature. As such, no review of the report is required under
the California Environmental Quality Act (CEQA). However, certain activities and
programmatic elements discussed in the report may undergo or have already undergone
environmental review as part of a separate approval process.
PREPARED BY: DAREN ANDERSON
KATHY DURHAM
DAVE DOCKTER
LESTER HODGINS
JOYCE KINNEAR
TOM KABAT
KEITH LAHAIE
KRISTIN P ARINEH
JULIE WEISS
DEBRA VAN DUYNHOVEN
CITY MANAGER APPROVAL: ---;T"~~~~
CMR: Page 15 of16
City Manager
ATTACHMENTS:
Attachment A: Community Environmental A('iion Partnership,2009 Annual Report
I
CMR: 200:10 Page 16ofl6
Attachment )l
2009 ANNUAL REPORT
(March 5, 2009 thru February 28th , 2010)
Neighborhoods
Businesses Faith Community
City Government Stanford
Schools Nonproflts
Medical
CEAP
The City of Palo Alto and community groups came together in 2008 to create the
Community Environmental Action Partnership (CEAP). dedicated to improving
the collaboration on important environmental issues. In particular. CEAP was
created to help the community reach the goals in the 2007 Palo Alto Climate
Protection Plan.
In our inaugural meeting on March 5th, 2008. community members
collaboratively defined CEAP's mission and goals.
CEAP Mission:
To bring the various segments of our community together to share knowledge,
build mutual understanding, leverage resources, and both create and implement
innovative environmental solutions.
Goals:
• Identify and implement top-priority environmental initiatives with
measurable objectives.
• Educate and engage each segment of the community in environmental
initiatives that fit their needs.
• Create a vehicle for communication, education and awareness among the
City and all segments of the community.
• Leverage resources and actions among segments by aligning and
coordinating efforts.
• Connect with expertise. input and initiatives from the community and
beyond to inform, improve and inspire innovative ideas and programs.
• Track and report progress toward objectives 10 the community.
2009 CEAP Annual Report
2
page
\ '
,
,
Organization
The community is divided into eight "Segments (see below), and a "liaison" is
appointed to each. The Liaisons, which serve as an Executive Committee, meet
monthly, but the goal is to have much of the work done by the Segments.
The Segments and Liaisons areas follows:
Segment
Neighborhoods
Faith Community
Schools
Business
Medical Community
Government
Stanford
Non-Profit Organizations
2009 CEAP Annual Report
3
Liaison
Lisa Altieri
Ben Hammett
Walt Hays
Mark Sabin
Krisanne Hanson
Wendy Hediger
Lucy Wicks
Jose Gordon
page
SUMMARY OF EXCOM ACTIONS:
Date Action
April Carroll Harrington produced a display of CEAP activities, which was
posted for several weeks in the hall leading to Council Chambers.
June Nico Procos, Senior resource manager, PA utilities, and Josh Wallace,
Key Account Rep, PA Utilities, presented a program on the use of
water in California and the importance of conserving it.
Highlights:
• The Hetch-Hetchy system serves 2.5 million people, and that number is increaSing.
The system is old and vulnerable to a severe earthquake, which could halt water
supply for 30 days or more. Repair will cost $4.4 billion, but earthquake damage to
the current system could cost $17-30 billion. The repairs will increase the cost of
water 2-3 times.
• The distribution and treatment of water in CA constitutes 19% of our total electricity
use and 30% of gas, as well as 88 billion gallons of diesel/year.
• The effects of climate change will include 25% less snowpack, with resulting floods
in winter and drought in summer, salt intrusion in the Delta, and negative impacts on
fish through warming water.
• For all the above reasons, it is important to save water, and the presentation gave
examples of whaUo do, including eating less meat; e.g., it takes 1,232 gallons of
water to produce one steak.
July
October
Mayor Peter Drekmeier presented a program on the Tuolumne River
as the source of the City's water, noting that Palo Alto, with its big
g<lrdens <lnd I<lwns, used more w<lter per c<lpita than every other city in
the Hetch-Hetchy system except a few with even bigger gardens, like
Los Altos Hills.
Participated in an internation<ll campaign todramatize the number 350,
as representing the maximum parts per million of C02 the atmosphere
can hold without severe consequences, putting on three events:
• Recruiting 10 local congregations to ring their bells 35 times at 11
A.M. on 10/24 .
• Bringing a fire engine to the downtown farmer's market, inviting
children to ring its bell, and passing out flyers.
November Decided to join with Menlo Park and other cities in promoting the
Drive Less Challenge, a web-based friendly competition that rewards
2009 CEAP Annual Report page 4
/'"f '
January
March
participants for reducing their car miles, as an Earth-Day related
activity.
Held a session on Strategic Planning,with the following results:
• Accepted Debra van Duynhoven as Vice-Chair, replacing Bryan
Long .
• Decided to invite speakers to the CEAP Excom meetings periodically,
but limit large public meetings on one/year.
Heard a presentation by Valerie Gardner, recognized as a "Climate
. Hero" by Acterra, for her work on the GreenSTART Program in
Atherton, which engaged large numbers of parents and students in
reducing emissions.
Held a public meeting to hear former Mayor Peter Drekmeier speak on
"Adapting to Climate Change." Approximately 80 people attended.
Accomplishments
Detailed reports from each Segment are attached. Here are some highlights.
Schools
• Solar: We're finally getting PV on the SRC (a subject that's been on the
Sustainable Schools agenda for two years)l Translation: Photovoltaics on the
Science Resource Center. There will also be a solar interactive display to go along
with it. The District is also exploring installing PV on all schools, through a Power-
Purchase Agreement, under which investors would pay for installation and sell the
energy to the District as 5% less than current City rates.
• Conferences: The Sustainable Schools Committee held conferences for green
teams to share best practices and learn what each school has accomplished.
• District-wide recycling/composting: Thanks to Palo Alto's Zero Waste department,
Greenwaste, and PAUSD, we now have a district-wide recycling program for the
schOOls. After a successful pilot program at three schools, recycling and composting
are now being implemented district-wide.
Neighborhoods
• Launched green teams in Barron Park and College Terrace. They hope to continue
launching the program in two or more neighborhoods each year. Projects: Low
Carbon Diet Class, Weatherization Projects, Garden Sharing, etc. The segment
also organized two 350.org events on Oct 24 and Dec 11.
Business
Wave One has been working with businesses in a 43-block area of downtown Palo
Alto to help them get certified under Santa Clara County's Green Business
Certification Program. They use Right Lights for energy audits and Green Waste to
educate employees on composting and recycling.
The Next Step (Wave Two) will help businesses shift to Energy Star appliances,
2009 CEAP Annual Report page 5
HVAC, and lighting. They also hope to implement real-time metering and water
conservation.
Government
Palo Alto Staff Goes Green, a 6-month awareness campaign, was their major effort.
152 employees participated.
• First month: Transportation
• Second month: Zero Waste
• Third month: Energy reduction
• Fourth month: Water efficiency
One example, PASGG conducted a reusable mug campaign using peer pressure,
signage, etc. They also sent out a monthly green tip via email. The group conducted
surveys to see if the staff made habit changes.
Faith Groups
The Faith Segment is a sub-group of the California Interfaith Power and Light South
BayWorking Group of congregations that have signed a covenant to assume a
stewardship role, a spiritual commitment and responsibility, to educate and engage
the congregations in environmental initiatives. Toward this effort, the Palo Alto
member congregations of the South Bay Working Group have each engaged to a
varying degree in the following actions prescribed by the Covenant:
• Action 1 Conduct an enl?rgy audit
• Action 2 Engage in an ongoing process of education
• Action 3 Analyze, reduce, and offset our greenhouse gas emissions,
• Action 4 Safeguard public health,
• Action 5 Protect the earth's ecosystems,
• Action 6 Promotion of energy conservation, energy efficiency, renewable
energy, and
• Action 7 Support public policies that contribute to our goals.
There were 10 teams or task forces: 1) Clergy Education -quarterly luncheon, with
a speaker, 2) Getting Started -providing materials, guides and referrals to help
congregations organize for action, 3) Renewable energy and energy efficiency, 4)
Water,"5) Waste reduction and reCYCling, 6) Political actionllobbying, 7)
Sustainable food, 8) Transportation, 9) Take action on Earth Day, and 10)
Outreach and Philosophy. Each month, meetings were held with a different
congregation as host and included a guest speaker on one of the above actions. In
addition, various churches and synagogues hosted weekend conferences and
interfaith retreats, and held many speaker events on their own, such as climate
change science and the methodologies of alternative energy and energy
conservation. Some examples of the many and varied individual ~ongregational
actions listed in the attached Faith Segment report included the following: Joint
programs with Acterra in Eco-Task Forces, Cool Campaigns, and the formation of
Green Teams, plus bther campaigns and pledges to lower carbon footprints; sent
lobby groups to Sacramento for the clean water bill, wrote legislators supporting the
energy bill, took part in 350.org C02 reduction worldwide project, and converted to
2009 CEAP Annual Report page6
energy efficient lighting and appliances, the use of recyclable materials in
congregational buildings and offices, and other actions listed in the attached Faith
Segment report.
Medical
Liaison Kris Hanson is working with a subcommittee of Walt Hays, Dr. Cindy Russell
(chair of the Santa Clara County Medical Association's Environment committee) and
Maria Biggs, a volunteer from Acterra's "Be The Change" Program, to plan a •
conference for doctors and their office managers on how to go green.
Stanford
Stanford has been making a substantial effort to green up many aspects of the
campus and campus life. You can visit the Sustainable Stanford website
(http://sustainablestanford.stanford.edu) to see the incredible diversity of efforts in
energy, water, transportation, research, waste, purchasing, etc.
In the last survey of colleges and universities, the College Sustainability Report Card
(www.greenreportcard.org) awarded Stanford an A-for its significant achievements
and the University was listed as one of the top 10 sustainable schools. One
highlight: Stanford Dining now sources 40 percent offood items locally. A
Sustainable Working Group composed of 90 students, faculty, and staff are working
in teams on focused topic areas of sustain ability. The teams meet monthly. One
significant accomplishment in 2009 was the publication of Stanford University's long-
term Energy and Climate Plan.
(http://sustainablestanford.stanford.edu/climate action)
2009 CEAP Annual Report page 7
Introduction
CEAP Annual Report 2009
Neighborhoods Segment
April 2010
The Neighborhood segment of the Community Environmental Action Partnership (CEAP) was formed
to educate and engage thc members of our segment in environmental initiatives. Towards this effort, the
Neighborhoods segment has worked on the following actions over the last year, since CEAP's inception
in March 2008:
1) Green Teams in Palo Alto Neighborhoods! In order to address the environmental challcnges we
face, like Global Warming, it will require action and lifestyle changes for all of us. These types
of changes are fostered by communication and support among neighbors. So the primary project
of the Neighborhoods Segment is to launch Green Teams in Palo Alto Neighborhoods to begin to
create dialog, awareness and support in the community for positive environmental change.
2) Palo Alto Neighborhood Action Events: We have also worked on creating events for the Whole
City that focus on raising awareness and taking action on Global Warming.
1) Green Teams!
We have launched two Green Teams in the last year, BatTon Park and College Ten'ace. We had our first
Green Team launch in BatTon Park in early 2009. The Barron Park Green Team is going great and
accomplished a number of projects in 2009:
• Developing the group goals and mission
• Taking the Low Carbon Diet class and lowering our carbon footprint
• An infrared imaging demonstration
• A weatherization party where participants learned how to lower their carbon footprint and
weatherize their homes through caulking, weather stripping and other simple low cost
methods.
• A talk on Global Warming policy, specifically Cap and Trade Policy and the Waxman
Markey Bill
• Start of a Garden Survey proj ect to find interest and connect neighbors for garden sharing,
educational activities, etc.
In October 2009 we launched our second Green Team in College Terrace and it is also going great! We
have a group of very enthusiastic members with many ideas on great projects for the team. They are
currently going through the Low Carbon Diet together and have many great projects planned for 2010.
2) Palo Alto Neighborhood Action Events:
The BatTon Park Green Team and the CEAP Neighborhoods Group co-sponsored two citywide events
with 350.org, where we joined others from around the world and gathered to send a message to our
leaders that it is time to pass strong legislation addressing Global Warming. The two events were:
• October 24th, at the Gunn High football field where we spelled out the number 350
• December 11th, in front of City Hall where we marchet:\ to deliver a letter to our
Congresswoman, Anna Eshoo to urge strong action on Global Warming policy,
For both of these events we posted photos of our group on the 350.org website where they were included
with photos from around the world and delivered to decision makers at the Copenhagen Conference.
Future Plans
Weare planning to launch a new Green Team in Midtown in Spring 2010, We are also working on
setting up a website to help the Green Teams organize and provide information on reducing carbon
footprint to the neighborhoods. For Citywide events, we are planning to keep in contaet with 350,org
and join in to future 350 events,
The Barron Park and College Terrace Green Teams also have great plans for the upcoming year:
The Barron Park Green Team has a number of projects planned for 2010:
• A Green Home Tour
• Speaker Events
• Weatherization Parties
• Low Carbon Diet Classes
• A Neighborhood Tree Planting
• Complete our Garden Survey Project
The College Terrace Green Team projects for 2010 include:
• Project to provide a cooperative purchase pro gram for solar to the College Terrace
neighborhood
• Weatherization parties and workshops
• Low Carbon Diet classes
• Booths at Neighborhood Events
• Eco-habit of the Month
• Working to get more organic food at 11 &F Grocery store
Submitted by Lisa Altieri, CEAP Neighborhoods Segment Liaison
CEAP Annual Report 2009
Faith Segment Summary Report
Introduction
The Faiths segment of the Palo Alto Community Environmental Action Partnership (PA-CEAP)
is the Palo Alto portion of the California Interfaith Power and Light South Bay Working Group
of the nationwide Interfaith Power and Light (Regeneration Project). The primary work of the
Working Group is accomplished by the Action Teams -small groups of people who self-select
based on the topics they desire to pursue:
I) Clergy Education quarterly luncheon with speaker and time for sharing questions, ideas,
encouragement. (The first luneh featured the founder of The Regeneration Project, Rev. Sally
Bingham.)
2) Getting Started (providing materials, guides and referrals to help congregations organize for
action).
3) Renewable Energy and Energy Efficiency
4) Water
5) Waste Reduction and Recycling6) Political Action/Lobbying.
7) Sustainable Food
8) Transportation
9) Take Action on Earth Day.
10) Outreach and Philosophy
Each month, meetings were held with a different congregation as host and included a guest
speaker who focused upon on one of the above areas.
Discussions within the Working Group by way of a private membership Iistserve,
CIPL PenSBay@yahoogroups.com, have been governed by guidelines, such As: The purpose of
this group is to share ideas on how to deal with human-produced climate change.
The primary work of the Working Group is to educate and engage the members of our Palo Alto
Faiths Segment in environmental initiatives. Toward this effort, the member congregations of the
Faiths segment, implementing their Covenant with their nationwide organization: Interfaith
Power and Light (Regeneration Project, have conducted activities in varying selected
combinations from the seven areas of aetion listed in the Covenant. Exan1ples now follow for
each of these areas of action:
Action 1 Conduct an energy audit of our buildings, make energy efficiency improvements to our
congregation's buildings and utilize renewable energy.
The Unitarian Universalist Church of Palo Alto (UUCPA) conducted an energy audit,
interviewed solar companies to explore the feasibility of installing photovoltaic panels, installed
several energy saving furnaees and a dishwasher, replaced ineandescent bulbs with CFL's,
installed recycle bins, used recycled paper, recycled ink cartridges as a lucrative fundraiser, and
purchased Palo Alto Green electric power. The First United Methodist Church performed an
energy audit, replaced their old boilerlheaters with more efficient units, purchased Palo Alto
Green electricity, recycled ink cartridges, installed recycling and compost bins, declared itself a
Styrofoam Free Zone, purchased recyclable or compostable food service items, purchased Fair
Trade coffee, replaced lights throughout the church and education buildings with CFL and lower
energy bulbs, reduced the number of garbage collections each week, and purchased a copy
maehine that prints on both sides of paper.
Action 2 Engage in an ongoing process of education with our congregants concerning
environmental steward,hip, energy production and usage in relation to global warming.
The Palo Alto Society of Friends, Earthlight, Acterra, and the CIPL SBWG sponsored an
interfaith weekend retreat on Care for Creation, Walking Lightly on the Earth.
The First Congregational Church of Palo Alto formed The ECO Task Force which focuses on
raising awareness among the eongregation and wider community ofth ever important
stewardship and care of the environment, and led a campaign with Acterra to unify the church
community in a fight against global warming. The Congregational Cool Campaign was
developed as a six-month campaign to educate the congregation about ways to reduce energy use
and took monthly surveys about their activities. The Unitarian Universalist Church of Palo
Alto sponsored a talk on accelerating the transition to Smart Energy. The church maintains an
extensive Green Sanctuary library collection, with a strong focus on climate change.
Congregation Kol Emeth sponsored an evening presentation on Solar Power Financing and
Ethical Banking. Although located in Los Gatos, Shir Hadash hosted the Feb. 23, 2009 regular
monthly meeting of the CIPL SBWG and many folks from Palo Alto congregations attended.
The Topics included Earth Day planning (April 22) and Energy Efficiency. The First United
Methodist Church publishes a Green column in their monthly newsletter reminding members of
the congregation of ways to be self-aware of their impact on the earth and on ways to conserve
and to reduce pollution. The Women's Group at Congregation Etz Chayim of Palo Alto hosted
an event "Health Begins atHome!" which addressed Green Living and the advantages of going
green on building, remodeling and toxins, The Oshman Family JCC in Palo Alto (OFJCC)
hosted an event: "Holiday Gifts Go Green!" which presented alternatives to gift buying,
Action 3 Analyze, reduce. and offset our greenhouse gas emissions with the goal of becoming a
. nonpolluting congregation.
The First Presbyterian Church, in partnership with Acterm, wrapped up a Cool Campaign. It
was very successful with most households in the congregation signing a pledge to lower their
carbon footprint over a period of 6 months. Etz Chayim hosted a CIPL South Bay Working
Group meeting on Transportation. The First Presbyterian Church of Palo Alto, Cool Planet
Working Group, participated in a Christmas Fair with gifts and suggestions for a "Sustainable"
Christmas. At the Unitarian Universalist Church of Palo Alto the congregation posts leaves
on tree, each leaf pledging an action that specifies with it a numerical carbon footprint reduction
action. Their total carbon dioxide reduced since October 24th is 73,000 pounds.
Action 4 Saftguard public health.
The Unitarian Universalist Church of Palo Alto and CIPL-SBWG Water Team hosted a
presentation on Water Justice and the Human Right to Water Bill of Assemblyman Ira Ruskin.
Members of the church accompanied the UU Legislative Ministry Climate Change/Water Justice
Team's trip to the CA Legislature to lobby in committee sessions and in legislators offices in
favor of Ruskin Bill.
Action 5 Protect the earth's ecosystems.
The Unitarian Universalist Church of Palo Alto Green Sanctuary Committee and CIPL·
SBWG Team #4-Water hosted a presentation on saving the Tuolumne River ecosystem by Peter
Drekmeier, Mayor of Palo Alto. The national United Methodist Church has many Resolutions
regarding the protection of earth's resources, and is seeking tc implement these Resolutions
through education, and through outreach programs.
Action 6 Promotion of energy conservation, energy efficiency, renewable energy and ensure
sufficient, sustainable energy for all.
The First Presbyterian Church of Palo Alto provided letter writing tables to encourage people
to write to their legislators to support the energy bill.
The First Congregational Church held an Interfaith Clergy Climate Luncheon for
clergy/religious leaders of all faiths on Climate Change Science and the Role of Clergy and
resources for clergy for: addressing the spiritual and practical sides of climate change, scope and
urgency of the climate crisis, how to address the spiritual and humanitarian challenges of a planet
in peril, and presented doable actions that clergy can integrate into their work, including tools for
lay-led green teams. The Unitarian Universalist Church of Palo Alto Green Sanctuary
Committee provided a table at a retirement home's Community Day, for a demonstration of
UUCP A Green Sanctuary actions. The First United Methodist Church congregation has
wholeheartedly supported the new eomposting program available through the city.
Action 7 Support public policies that contribute to our goals.
Seven Palo Alto congregations supported the worldwide 350.org movement On October 24th by
ringing their bells 35 times: St. Thomas Aquinas (Catholic), St, Albert the Great (Catholic),
All Saints (Episcopal), Unity Palo Alto, Unitarian Universalist, Grace Lutheran, and First
Lutheran. The Unitarian Universalist Church of Palo Alto posted a banner advoeating
worldwide atroospheric C02 reduction to 350 ppm and announcing that UUCPA would Ring its
Bell 35 Times. The church advocated in behalf of mitigating the Impact of global warming on
native peoples and raised public and congressional awareness of the serious erosional effects of
climate change on Alaskan barrier island villages. Petitions from the church, including letters
. from the Sunday school children, advocated to Congress for legislation including adaptation
funds to help the village move to the mainland. The trip to the village by a representative from
the Palo Alto chureh was written up, including photos from several years of UUCPA Sunday
school watertub simulations of the plight of the villagers. The write-up is posted on an
Anchorage website:
http://www.alaskaconservationsolutiims.comJacs/images!stories/docs/SavingShishmaref.pdf·
Introduction
CEAP Annual Report 2009
School Segment
April 2010
The School Segment of the Community Environmental Action Partnership (CEAP,
pronounced "keep"), formed in 2008, was formed to educate and engage the members of
our segment in environmental initiatives. Toward this end, working through the
Sustainable Schools Committee, formed in 2003, we have taken the following actions ~~~~ .
Action 1
With help from a consultant hired the City Public Works, formed "sustainable"
green teams in all schools in the PAUSD, plus several private schools.
Action 2
Held two conferences for green teams, with inspirational talks, sharing of activities, and
advice on rolling out food compo sting (see Action 3).
Action 3
Working with District staff, Wendy Hediger of Public Works, Zea Luce of Green waste,
and green team leaders from select schools, planned and organized the roll out of food
compo sting to all schools. Pilot schools achieved substantial savings in waste disposal.
Also met with District staff in charge of food ordering to encourage shift to healthier
foods where economically feasible and to eliminate non-recyclable containers.
Action 4
Worked with the PAUSD in contracting to install a photovoltaic (PV) system on the
Science Resource Center, together with an interactive solar display to demonstrate to
students how PV works. Also working with District on plans for PV at all schools.
Action 5
Worked with District staff, Canopy and select principals to plant more trees on two
campuses, and to draft a proposed Tree Policy calling for similar action at all schools.
Action 6
Worked with Acterra and District staff to develop a demonstration garden of drought-
resistant plants, to explore the possibility of saving water by substituting such gardens for
lawns (in non playfield areas).
Action 7
Worked with the District and City Utilities to do water and energy audits and encourage
reduced usage.
Action 8
Persuaded District staff to begin monitoring use of electricity, gas and water at all schools
and to use that information to encourage reduced usage.
Action 9
Began work with District and Paly staff to explore rainwater recapture.
Future Plans
I: Continue semi-annual green team conferences to share activities.
2. Complete installation ofInteractive Solar Display.
3. Finalize plans and contracting for PV at all schools.
3. Persuade District Board to adopt and implement Tree Policy.
4. Complete demonstration garden and approach principals on switching from lawns.
5. Pursue all efforts to save funds by reducing resource use.
Introduction
CEAP Annual Report 2009
Business Segment
April 2010
The Wave One Palo Alto segment of the Community Environmental Action Partnership
(CEAP) was formed to educate and engage the members of our segment in environmental
initiatives. Toward this effort, the Wave Oile Palo Alto segment has worked on the
following actions over the last year, since CEAP's inception in March 2008:
• Action 1 Work with County of Santa Clara Certified Green Program to Green
CertiJy small business in Palo Alto.
• Action 2 Work with Right Lights to set up lighting efficiency audits for small and
medium sized business and use Right Lights to perform lighting retrofits to reduce .
energy consumption.
• Action 3 Work with City of Palo Alto and GreenWaste to educate business on how
to reduce, reuse and recycle to minimize waste sent to the landfill.
• Action 4 Create a database of structures and businesses within the 43 contiguous
blocks of Downtown Palo Alto
Action 1
Enrolled a total of 75 small Palo Alto Businesses in County Certified Green Business
program. This resulted in 18 businesses becoming fully Certified and 57 businesses in the.
process of completing certification.
Action 2
Worked with Right Lights to enroll 75 businesses in lighting efficiency audits. Eight
businesses wcre found not to need retrofits, 14 completed their retrofits and the remaining
53 are awaiting work or final approval by the business for retrofit work.
Action 3
Worked with The City of Palo Alto and GreenWaste to schedule meetings with 48
businesses to educate them on how to save money by reducing their waste-stream
through reduction, reuse and recycling.
Action 4
Created a database of the buildings, businesses and exterior lighting within the 43
contiguous blocks of downtown Palo Alto.
Future Plans
Wave One Palo Alto is a community based program that focuses on a consolidated group
of small businesses with the purpose of creating (I) market transformation for the
effective delivery of energy efficiency services to small businesses and (II) a Green Job
Training Center for Labor and Community College students.
I Small Business Conservation Research Center
In late 2008, the City joined with Wave One to form Wave One Palo Alto to implement
the goals and strategies for the retrofit of commercial sector buildings as set forth in the
September 2008 CPUC Strategic Plan for Energy Efficiency. To achieve these goals,
Wave One Center consolidates businesses within the 43 contiguous blocks of Downtown
Palo Alto (Downtown), consisting of 380 buildings totaling 3.5M+ sf, 1,050 small
businesses, 10,500 employees, armual taxable sales of $275,000,000 and more than
150,000 weekly visitors.
Wave One Palo Alto goals are consistent with and accelerate the CPUC Plan goals of
40% energy and water reduction by 2012, Zero Waste by 2015 and Net Zero Energy by
2020. By achieving these goalS in advance of CPUC Plan dates, Wave One Center
becomes a pioneer, demonstrating that CPUC Plan goals are achievable by small
businesses. Wave One Palo Alto will not only lead the way, it will publish its
methodologies and results in order to teach other small businesses. Wave One Palo Alto
is a scalable program that can be brought to any community or urban center.
Wave One Palo Alto accomplishes these outcomes by targeting 75% market penetration
equivalent to no fewer than 500 businesses oecupying 2.5M+ square feet in Downtown.
Wave One Palo Alto Constitutes the largest sampling of small businesses ever assembled
anywhere in the United States.
II Creating Quality Green Jobs as a Research and Training Center
Wave One Palo Alto works with Working Partoerships USA and San Benito County
Trade Council and has eommitted to hire only members of the construction trade council.
Wave One Palo Alto team members inclUde Local Union 332lnternational Brotherhood
of Electrical Workers, United Association of Plumbers and Stcamfitters & Refrigeration
Local 339. Wave One Palo Alto has an on-the-job paid intern program that will be
supervised as an academic program by the Kirsch Center for Environmental Studies at De
Anza Community College. Wave One Palo Alto will work with NOVA, a Santa Clara
County local workforce investment agency to assist with hiring new employees.
The purpose of Wave One Palo Alto is to create a market transformation within the most
crucial and most difficult to reach segment of the commercial sector -small businesses.
Wave One Palo Alto invests in and involves leaders from labor, education, community
colleges, media and communications, finance, government and construction.
Because Wave One Palo Alto is a training and research center determined to achieve a
market transformation for small businesses, Wave One Palo Alto has and will continue to
invest extensively in the one-on-onc contact with small businesses necessary to engage
and educate its employees.
CEAP Medical Community Annual Report
Membership includes:
• Stanford University Medical Center
• Palo Alto Medical Foundation
• And new introductions from the V A Medical Center
Activities include primary focus on:
Energy and Water Conservation
• SUMC received their baseline energy audit in partnership with the CPAU programs.
• Based on report, prioritizing projects for investment and conservation are underway.
• SUMC has joined the EPA Energy Star® program and completed the initial application
of baseline energy consumption data for benchmarking.
• SUMC received their baseline water use audit in partnership with SCVWD.
• Based on report, prioritizing projects for investment and conservation are underway.
Waste Reduction
• All three organizations have benefited from the resources, partnership and knowlcdge
derived from Grecnwaste' s customer support team.
• Greenwaste has been a key participant in several waste reduction projects underway at all
three organizations.
• Biodegradable serviceware has been integrated into operations at PAMF and SUMC. In
addition, compo sting programs will be applied in the Cafeteria settings at SUMC.
• Teams attended series of public comment opportunities related to Zero Waste ordinance.
Building Foundations
• Teams continue to focus on designing new buildings with LEED® and green building
ordinances at the forefront of the plalming process.
• SUMC has applied for participation in the Pilot Project of Green Guide for Healthcare's,
Greening Operations, v.2.0 rollout and are waiting confirmation.
Education and Outreach
• Teams continued to participate in regional education through Sustainable Silicon Valley
and the Northern California Chapter of H2E.
• SUMC has joined Practice Greenhealth, an organization dedicated to providing hospitals
with information, education and benchmarking resources for sustainable operations
improvements.
• SUMC has received their first award from Practice Greenhealth in the annual application
cycle with a "Partners for Change" award designation. A team will attend the annual
CleanMed Conference in May to receive the award.
• CEAP is co-sponsoring the planning and execution of an outreach conference to engage
and educate oWllers and managers of the small to medium-sized medical practice setting,
on improving sustainability in their operations. The conference is also co-sponsored by
Santa Clara County Medical Association (SCCMA) and SUMC. It will be held on June
1,2010, at Stanford University.
Introduction
CEAP 2009 Annual Report
Government Segment Report
The Government segment of the Community Environmental Action Partnership (CEAP)
was formed to educate and engage City of Palo Alto employees in environmental
initiatives. Toward this effort, the Government segment formed a Green Team, a forum
for employees interested in environmental protection to share ideas for improving the
organization's environmental performance and to create and implement projects that
make these improvements a reality. The Green Team worked on the following projects in
2009:
• Palo Alto Staff Goes Green
• Reusable Mug Campaign
• Monthly Green Tips
Palo Alto Staff Goes Green (PASGG)
A green awareness campaign, PASGG was a 6-month eampaign targeting all City staff. It
increased staff awareness about their environmental impact and encouraged action to
reduce it. The campaign focused on 4 themes: alternative transportation, Zero Waste,
energy and water. Participation was open to all City employees and 152 participated in
the campaign. Their combined efforts resulted in:
• 15 employees adjusting their irrigation schedules at home to reduce water
• 150 gallons of water being saved every day from employees taking shorter showers
• 47 employees attending local farmers markets
• 9 tons of carbon dioxide (C02) being reduced through alternative commutes
• 30 employees making significant energy use reductions including turning off lights
and computers daily, unplugging major equipment and reducing plug loads
• 191 employees gained a greater understanding of what waste can be composted,
recycled and reused at work
• 13,160 kwh were saved by employees changing out incandescent light bulbs with
compact f1uorescents (CFL's).
• 25 employees specifically stating that they plan to sustain their new behaviors after
the campaign
Reusable Mug
The Reusable Mug campaign is currently running and is intended to increase reusable
mug use by employees through the use of prompts. Various prompts such as signs at exits
and break areas, informational/reminder emails, signs in elevators and a loop notice have
been used to remind employees to bring their reusable mugs if they are going for
coffeeltea.
Monthly Green Tips
The monthly green tips project is ongoing awareness-raising and behavior-changing
effort. City employees are e-mailed tips each month to encourage them to green their
work areas and/or their personailives.
Future Plans
Plans for the coming year, include the following:
• Roll O\lt the Zero Waste New Services to all City facilities
• Landscaping irrigation upgrades work party
• Drive-less challenge
Prepared by Wendy Hediger, February 2010.
Introduction
CEAP Annual Report 2009
Stanford University Segment
Stanford University has been a member segment of the Palo Alto Community
Environmental Action Partnership (CEAP) since CEAP's inception in March 2008.
In pursuing its academic mission, Stanford University is committed to being a leader in
the research, teaching and institutional practice of environmental sustainability. The
. university is therefore committed to following core sustainability principles in all facets
of planning and operations so that Stanford CaB lessen its enviromnental impact, ensure a
healthy community and contribute to global solutions.
Structure of Sustainability and Energy Management (SEM)
Sustainahility is a core value at Stanford -demonstrated in academics, operations,
communications, and events. Central to the academic endeavor is the Initiative on the
Environment and Sustainability, supporting interdisciplinary research and tcaching in all
seven of Stanford's schools, as well as in centers, institutes and programs across campus.
Sustainability and Energy Management (SEM) I, is the operational and programmatic
undertaking in this field.
Founded in 2007, SEM brings together campus utilities, building operations, parking &
transportation, business services, and Office of Sustainability/sustainability programs
under one administrative roof in the greater operational department of Land Building and
Real Estate (LBRE). SEM leads sustainability initiatives in campus infrastructure and
programs in the areas of energy & climate, water, transportation, waste, green buildings
programs, sustainable information technology, and many more. This organization of over
90 professionals are programmatically convened and connected through the Office of
Sustainability, under the moniker Sustainable Stanford -a campus-wide initiative to
steer, connect, support and strcamline sustalnability efforts to fulfill President Hennessy's
belief that "Sustainability must become a core value in everything we do."
Sustainable Stanford is also the central coordination and strategic hub for the
interdisciplinary Sustainability Working Group convened in 2006 and the various
Sustainability Working Teams (SWTs) that formed in 2008.2 SWTs bring together
campus operations leaders, faculty with related subject matter expertise, and students to
advance progress in each of the major elements of Sustainable Stanford, including:
Energy & Atmosphere, Green Buildings, Transportation, Water, Waste Minimization,
Green Procurement and Food Supply, Communications & Campus Community
Relations, Evaluation & Reporting, and Green Funds for students. Complementary to
operational efficiency measures being undertaken by campus facilities managers, distinct
and education-oriented programmatic initiatives are underway to make sustainability
more actionable and visible to campus community. Major support for these efforts are
provided by various operational units within LBRE, University Communications,
Government and Community Relations, Woods Institute, Precourt Institute, Stanford
Recycling Center run by Peninsula Sanitary Services Inc, Residential and Dining
1< http://lbre.stanford.edu/sem/>
, < http://sustainable.stanford.edu/working grollP and teams>
Enterprises; School of Medicine; Graduate School of Business, School of Earth Sciences,
Alumni Association; and many others. Gur website is http://sustaimable.stanford.edu,
with quarterly newsletters at < http://sustainable.stanford.edulnewsletter.
2009 Sustainability Overview3
Stanford took a bold step in 2009 to tackle the threat of global climate change by
developing an ambitious, long-range, $250 million program to reduce its energy
consumption and greenhouse gas emissions.
The new Energy and Climate Plan could reduce the campus carbon impact by as much as
20 percent below 1990 levels by 2020, far exceeding the goals of California's landmark
AB 32 Global Warming Solutions Act.
The Energy and Climate Plan is one among many accomplishments that place the
university among the nation's top colleges and universities in terms of sustainability
efforts. In 2009, the Sustainable Endowments Institute recognized Stanford among 26
colleges and universities for leadership in sustainability,
During 2009, the university also made significant progress in:
• Water conservation through development of a new recycled water treatment plant;
• Transportation-related emissions reductions to 1990 levels through the
Tnmsportation Demand Management program; and
• Energy-use reduction through retrofits to two Stauffer laboratory buildings,
The Energy and Climate Plan, in particular, will further Stanford's leadership position in
sustainability nationwide. While the initial phases of the plan rely on energy conservation
and changes to the campus heating and cooling scheme, even more greenhouse gas
reductions may be possible through the use of renewable electricity and other energy
management teehnologies still being explored,
The plan, one of the most ambitious at any major U.S. university, includes higher-than-
required energy standards for new buildings, retrofitting of existing buildings,
transfonnation of the campus energy plant, and programs to teach the university
community how to reduce energy use.
A team of faculty and facilities experts, headed by Joseph Stagner, executive director of
sustainability and energy management, worked on the plan for two years. After studying
campus energy use, they discovered that over half the university'S heating demands could
be met with heat that is already being removed from buildings by the campus cooling
system. Such a reuse of energy would cut the amount of natural gas burned for heating
purposes and thereby reduce energy costs, as well as emissions of greenhouse gases,
Specifically, campus cooling systems do their job by using chilled water to remove
unwanted heat from buildings. For years, that unwanted heat has been piped away from
the buildings in the form of warm water, only to be discharged into the air through
evaporative cooling towers at the central plant.
But Stagner and his team believe that 70 percent of that lost heat could be recovered and
3 Stanford University Annual Report http://annualreport.stanford.edu/sustainability.html
reused to heat buildings. Such a system is possible where campus buildings are being
cooled and heated at the same time-a common occurrence given Stanford's temperate
climate.
Capturing and distributing the heat will require construction across campus. Most
buildings are now healed by steam; for the new system to work, the steam will be
replaced with hot water, requiring the replaeement of underground pipes over the next 10
years or so.
The project also will bring changes to the university power grid. Stanford's Cardinal
Cogeneration plant, which burns natural gas both to create steam heat and generate
electricity for the campus, will shut down in a few years. Instead, electricity will be
purchased from PG&E or, if state regulators allow, other providers.
Other Actions
The attached "Year in Review" highlights some of the other notable achievements of
Sustainable Stanford over last year. To see the full description of these actions, please see
the attached document covering the past academic year, or visit
<http://sustainable.stanford.edulsites/sem.stanford.edulfiles/documents/Stanford year In
review. pdf>.
Future Plans and Ongoing Actions
The Sustainability Working Group and Working Teams will continue to develop and
implement actions key toereating a sustainable campus. OUf website
(http://sustainablestanford.stanford.edul) continues to be the best resource for up to date
actions and results.
Stanford, through the Office of Government and Community Relations will continue to
participate as a segment of the Community Environmental Action Partnership. We arc
committed to continuing to reach beyond our campus borders to support actions aimed at
creating a healthy environment for all.
For further information on the wide range of activities related to Stanford University's
commitment to sustainability please visit http://sustainablestanford.stanford.edul.
For more information on Stanford's role as a segment of the Palo Alto Community
Environment Action Partoership (CEAP), please contact Lucy Wicks, Assistant Director
of Community Relations, Office of Government and Community Relations, at
Iwicks@stanford.eduor650-725-3339.
Introduction
CEAP Annual Report 2009
Nonprofit Segment
April 2010
The Nonprofit segment of the Community Environmental Action Partnership (CEAP)
was formed to educate and engage the members of our segment in environmental
initiatives. Toward this effort, the Nonprofit segment has worked on the following actions
over the last year, since CEAP's inception in March 2008:
Action 1
In 2009, instated a new Nonprofit liaison
Action 2
Established a Nonprofit distribution list
Action 3
Explored ways in which Wave One and the Business Segment could partner with the
Nonprofit Segment.
Action 4
Established connection between the City of Palo Alto's environmental programs and
Rebuilding Together Peninsula's environment program.
Action 5
Worked with Abilities United, a local nonprofit, to encourage facilitating resource-saving
improvements through use of free audits and rebates (see attachment).
Future Plans
)-Continue to meet with Wave One
)-Identify and add agencies to distribution list
}> Identify resources to help nonprofits partieipate in environmental ehange
}> Encourage other nonprofits to take actions similar to Abilities United.
DATE: April 19, 2010
CITY OF PALO ALTO
MEMORANDUM
TO: City Council Members
FROM: Council Members Holman, Klein and Scharff
SUBJECT: Request that the City Council recommend to the voters of Palo Alto
that they not sign the Union petition seeking to remove the ability of
the Council to determine appropriate staffing levels for the Fire
Department
RECOMMENDATION
We urge the City Council to recommend that the citizens of Palo Alto:
1) read the complete Firefighters Union's' Petition (Attachment "AU)
and,
2) once informed, decline to sign the Petition.
BACKGROUND
Palo Alto faces huge budgetary challenges that must be addressed in a practical
and responsible way. The largest component of the budget is staff salary and
benefits. It is incumbent upon the City to evaluate the appropriate staffing levels
for all City departments, including public safety in an effort to reduce costs while
minimizing any impact to services, and while also looking to increase income.
Our Firefighters are valued members of the community and we deeply respect
their commitment to saving lives and property. However, the Union's Petition now
being circulated is bad government. It seeks to amend and embed in the City
Charter job protections for its union members as follows:
• The number of Firefighters employed by the City could never be
less than the number presently employed
• The number of fire stations would be fixed as is
Any changes to these provisions would have to be approved by the Union
and also by a vote of the citizens of the City. This would effectively give the
Union veto power over any changes to firefighter employment regardless of the
wishes of the citizens of Palo Alto or their elected representatives.
The changes being sought by the Firefighters' Union through the Petition are
expensive, cumbersome and would prevent the City Council from doing its job to
evaluate staffing levels to take into account matters such as:
• Advancements in safety technology
• Cooperative efforts with adjoining communities
This petition, should it quality for the ballot with the necessary number of
signatures, will require an election that will cost the City approximately $190,000.
($141,000 for Registrar of Voters, $35,000 for legal fees, $11,000 for legal
publications, and $3,000 in City Clerk staff time), which in our view a waste of
money in this time of extremely tight budgets.
We therefore respectfully request that the citizens of Palo Alto not sign the
Union's petition.
Attachment:
. Proposed Firefighters Charter Amendment
' .. ' ,
Initiative Measure to Be Submitted Directly to tbe Voters I"';f'~-'.?!::: F'l l:09
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the persons whose names appear hereon of their
intention to circulate the petition withiQ the City of Palo Alto for the purpose of
amending the Charter of the City of Palo Alto by adding an Article entitled" Article IX
Fire and Emergency Medical ServIces Minimum Protection" for the purpose of
establishing minimum levels of fire suppression, rescue and emergency medical
staffing levels within the City of Palo Alto Fire Department. This amendment would
supercede any existing charter language to the extent that it is in conflict with this
amendment. A statement of the reasons of the proposed action as contemplated in
the petition is as follows:
/I is the intent of this Charter amendment to require tile City of Palo Alto
fo maintain minimum and safe fire department staffing and emergency
medical selVice levels in order to prevent reductions in fire fighting and
emergency medical services, /0 protect against reductions in rapid
response and life saving emergency medical care and to eliminate
closures of neighborhood fire stations.
Sponsors: James McLaughlin, John Garcia and Robert Paugh
Petition for Submission to Volers of Proposed Amendments
to the Cbarter of the City of Palo Allo
To Ihe City Council of Ibe City of Palo Alto:
We, the Undersigned, registered and qualified Yoters of the Stale of California, residents of
the City of Palo Alto, porsuant to Seetion 3 of Article Xl ofthe California Constitution and Chapler
2 (commencing with Section 34450) of Part 1 of DiyisiOil 2 of Title 4 of the Government Code,
present to the city council of the City of Palo Alto this petition and request that the following
proposed amendments to the Charter of the City of Palo Alto be submitted to the registered and
qualified yoters of the City of Palo Alto immediately for their adoption or rejection at an election
on a date to be determined by the city council.
The proposed charter amendment reads as follows:
Artiele IX
Fire. and Emergency l't1edical Services l'tlinimum Protection
Sec L PURPOSE. It is the purpose of this measure to assure continuing minimum staffing and
emergency medical service levels for the Fire Department as set forth tn Section 3, belowj and to further
assure that any closure or relocation of a fire stalion and any reduction in the staffing and emergency medical
services levels in the Fire Department must first be approved by the voters,
Sec. 2, DEFINITIONS. For tile purpose ofthis Article only, the following terms shall be defined as set
forth below:
(a) <!Fire Department" shaH mean the public organization within the City of Palo Alto providing
rescuet fire suppression. emergency medical services. and related activities to the public.
(b) "Staffing" shall mean a particularized number of City of Palo Alto Fire Department sworn
uniformed personnel required for the purpose of operating rescue, fire suppression. emergency medical
services and related apparatus and services. '
(c) "Rescue" shaH mean those activities directed at loeating endangered persons at an emergency
lnctdent~ removing of those persons from danger and treating the injured.
(d) "Fire Suppression)} shall mean the activities involved in controlling and extinguishing fires.
(e) "Emergency Medical Corell shall mean the provision of treatment topatients. including advanced
life support (at the paramedic level), and other medical procedures and providing for transport toa health care
facility.
Sec, 3. FIRE DEPARTMENT STAFFING. The number of Fire Department personnel authorized by
the City of Palo Alto in the 2009·2010 approved Annual Budget for the Fire Department shall be
continuously maintained as a minimum number of Fife Department personnel in all subsequent budgetary
years:.
ATTACHMENT A
Initiative Measure to Be Submitted Directly to tlte Voters
Sec, 4, REFERENDUM VOTE, Any proposal by Ihe City Council Or statf of the City aCPalo Alto to
reduce the minimum service of staffing and/or emergency medical service levels in the Fire Department and
any proposal to close or relocate a fire station shall be the subject of two public hearings before the City
Council of the City of Palo Alto, Any such proposal(s) that have been approved by a majority vote of the
City Council shall be submitted to the voters for approval at the next regular municipal or general election,
No such proposal shan be implemented until approved by a majority of voters voting in said election.
Sec. 5. SUPERSESSION. The provisions set forth in this Article shall supersede all general andlor
specific provisions that may bc contained elsewhere in this Charter. The provisions set forth in this Article
shall also supersede any and alI general andlor specific provisions in any ordinance, resolution, rule Or
regulation that may have been adopted or that may be adopted by the City Council or by administrative
action,
Sec, 6, SAVINGS CLAUSE. If any provision. sentence, clause, section, paragraph or partofthi, Article
is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall affect
only such provision, sentence, clause, section Or part of this Article, It is hereby declared to be the intention
ofthe City of Palo Alto that this Article would have been adopted had such unconstitutional, illegal, or invalid
provision, sentence~ clause, sections or parts therefore not been included herein.
NOTICE TO THE PUBIJC
THIS PETITION MAYBE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER.. YOU HAVE THE RIGHT TO ASK.
All . signers 0 f I' t llS pelltlon must b e reglstere
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