Loading...
HomeMy WebLinkAbout2010-06-14 City Council Agenda Packet 06/14/10 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 June 14, 2010 7:30 PM ROLL CALL SPECIAL ORDERS OF THE DAY 1. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Mark S. Herrera Upon His Retirement ATTACHMENT 2. Resolution Of The Council Of The City Of Palo Alto Expressing Appreciation To Gary R. Brooks Upon His Retirement ATTACHMENT 3. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Steve Baca Upon His Retirement ATTACHMENT 4. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Audrey Bates Upon Her Retirement 2 06/14/10 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. ATTACHMENT 5. Resolution of the Council of the City of Palo Alto Expressing Appreciation to Police Canine Lukas Z Kyjoskeho Udoli Upon His Retirement ATTACHMENT STUDY SESSION 6. San Francisquito Creek Joint Powers Authority’s (SFCJPA) Capital Flood Protection Project Studies and Design Work ATTACHMENT 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. APPROVAL OF MINUTES MAY 17, 2010 CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 7. Approval of a Conditional Use Permit to Allow a Pediatric Dental Office on the Second Floor of an Existing Office Building at 2345 Yale Street CMR 278:10 and ATTACHMENT 3 06/14/10 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. 8. Finance Committee Recommendation to Accept the Auditor’s Office Quarterly Report as of March 31, 2010 ATTACHMENT 9. Finance Committee Recommendation to Accept the Auditor’s Office Audit of Fleet Utilization and Replacement ATTACHMENT 10. Approval of a Wastewater Treatment Enterprise Fund Contract with Carollo Engineers, P.C. in an Amount of $389,715 for Design of Facility Repair and Retrofit Projects at the Regional Water Quality Control Plant - Capital Improvement Program Project WQ-04011 CMR 259:10 and ATTACHMENT 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. ACTION ITEMS Include: Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials, Unfinished Business and Council Matters 11. Public Hearing: Approval of a Levy of Assessment for California Avenue Area Parking Bonds - Plan G: Fiscal Year 2010-2011 and Adoption of a Resolution Confirming Engineer’s Report and Assessment Roll, California Avenue Parking Project No. 92-13 (For Fiscal Year 2010- 2011) CMR 273:10 and ATTACHMENT 4 06/14/10 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. 12. Public Hearing: Adoption of an Ordinance of the Council of the City of Palo Alto Amending Section 18.28.050 (Site Development Standards) to Chapter 18.28 Special Purpose Districts (PF, OS, AC) of Title 18 (Zoning) of the Palo Alto Municipal Code to add a Maximum House Size Limit to the Open Space Zone District. The Planning and Transportation Commission recommended that the City Council not adopt the ordinance. (Staff requests item to be continued by Council Motion to 10/04/10) ATTACHMENT 13. Public Hearing: Approval of a Vesting Tentative Map and a Record of Land Use Action to Subdivide the Existing Parcel into Five Separate Condominium Parcels for Four Residential Units and One Commercial Unit at 420 Cambridge Avenue CMR 274:10 and ATTACHMENT 14. Public Hearing: Stanford University Medical Center Facilities Renewal and Replacement Project-Meeting to Receive Comments on the Stanford University Medical Center Facilities Renewal and Replacement Project Draft Environmental Impact Report (DEIR), Including Comments Focused on: A) the Project Description, Land Use, Population & Housing, and Public Services Chapters of the DEIR (continued from June 7, 2010), and B) Visual Quality and Architectural Design, Biological Resources, and Cultural Resources Chapters of the DEIR PRT A – MEMO PRT A CMR 260:10 PRT B – MEMO PRT B CMR 272:10 PRT B - PRESENTATION COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS 5 06/14/10 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. 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. 1 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO MARK S. HERRERA UPON HIS RETIREMENT WHEREAS, Mark Steven Herrera served the City of Palo Alto and its citizens as a member of the Palo Alto Police Department for more than 24 years, becoming a fulltime regular Officer in May 1986, promoted to the rank of Agent in February 1991, and then promoted to the rank of Sergeant in November 2000; and WHEREAS, Sergeant Herrera has served as a Field Training Officer and Supervisor, Traffic Team Motor Supervisor, Crime Suppression Team Detective, Head Range Master for the Department, and was a long term member of the Special Weapons and Tactics Team; and WHEREAS, Sergeant Herrera participated in Multi-Agency task forces committed to assisting East Palo Alto Police in crime suppression; and WHEREAS, Sergeant Herrera has received numerous public and departmental commendations distinguishing his professionalism and commitment to service, and has been recognized for his hard work and dedication to public service and to the field of law enforcement; and WHEREAS, Sergeant Herrera has pursued his career and duties diligently with distinction, loyalty, courtesy, and a sense of humor. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Palo Alto herby commends the outstanding public service of Mark S. Herrera and records its appreciation, as well as the appreciation of the citizens of this community, upon his retirement. INTRODUCED AND PASSED: JUNE 14, 2010 ATTEST: APPROVED: ____________________ ______________________ City Clerk Mayor APPROVED AS TO FORM: ____________________ ______________________ City Attorney City Manager RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO GARY R. BROOKS UPON HIS RETIREMENT WHEREAS, Gary Roy Brooks served the City of Palo Alto and its citizens as a member of the Palo Alto Police Department for 31 years, becoming a Palo Alto Police Officer in July 1979, promoted to the rank of Agent in August 1983, then promoted to the rank of Sergeant in December 2005; and WHEREAS, Sergeant Brooks has served as a Field Training Officer, Traffic Team Supervisor, Community Policing Supervisor, and a distinguished Detective on the Allied Agencies Narcotics Enforcement Team (A.A.N.E.T.), and while an Agent at A.A.N.E.T. he initiated and worked undercover in the largest corporate narcotics buy sting operation to that date at the FMC Corporation, Sergeant Brooks was on the multi-jurisdictional Career Criminal Apprehension Team (C.A.T.) for almost three years averaging 3 Felony arrests a day and recovering 92 stolen vehicles in one year; and WHEREAS, Sergeant Brooks was a long time member of the Hostage Negotiation Team and the Crime Scene Investigation Team, successfully acting as the primary negotiator in over half a dozen barricaded/hostage situations, and helping gather evidence and investigate crime scenes ranging from burglaries to homicides; and WHEREAS, Sergeant Brooks has received countless public and departmental commendations distinguishing his professionalism and commitment to service, he has been recognized for his honesty, high ethical standards, dedication to public service and to the field of law enforcement, giving unselfishly of his time and talent; and WHEREAS, Sergeant Brooks has pursued his career and duties diligently with distinction, loyalty, integrity, courtesy and a sense of humor. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Palo Alto herby commends the outstanding public service of Sergeant Gary R. Brooks and records its appreciation, as well as the appreciation of the citizens of this community, upon his retirement. INTRODUCED AND PASSED: JUNE 14, 2010 ATTEST: APPROVED: ____________________ ______________________ City Clerk Mayor APPROVED AS TO FORM: ____________________ ______________________ City Attorney City Manager RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO STEVE BACA UPON HIS RETIREMENT WHEREAS, Steve Baca began his career with the City of Palo Alto on September 7, 1976 as an Animal Control Officer. He then joined the Palo Alto Police Communications Unit on March 8, 1982 as a Public Safety Dispatcher, promoting to Lead Public Safety Dispatcher on December 17, 1992; and WHEREAS, Steve Baca has answered tens of thousands of emergency calls for assistance from the residents of the City of Palo Alto, Stanford University, and surrounding communities; and WHEREAS, Steve Baca has served on countless occasions as a Communications Training Officer, teaching new dispatchers the skills they need to be successful; and WHEREAS, Steve Baca has received numerous letters of appreciation and commendations from the public, police officers, fire fighters and allied agencies for his superior performance during emergencies and routine calls for service; and WHEREAS, Steve Baca has handled numerous critical incidents, emergencies, and catastrophes over the past 34 years and is recognized by his peers, public safety personnel, and allied agencies for his calm, professional demeanor in a crisis; and WHEREAS, Steve Baca has demonstrated the ability to adapt to new changes in his work environment having begun his career utilizing a microphone, telephone, pen and paper and finishing his career operating sophisticated 9-1-1, radio, and computer systems; and WHEREAS, Steve Baca has pursued his 34 year public safety career with dedication, professionalism, and enthusiasm, and plans to spend his retirement enjoying time with his wife Laura and his family. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto hereby gratefully records and extends its sincere appreciation of the community to Steve Baca for his faithful and excellent service rendered to the City. INTRODUCED AND PASSED: June 14, 2010 ATTEST: APPROVED: ____________________ ______________________ City Clerk Mayor APPROVED AS TO FORM: ____________________ ______________________ City Attorney City Manager RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO AUDREY BATES UPON HER RETIREMENT WHEREAS, Audrey Bates began her career with the City of Palo Alto on December 29, 1976 as a Public Safety Dispatcher; and WHEREAS, Audrey Bates has, over the course of her career, answered tens of thousands of emergency calls for assistance from the residents of the City of Palo Alto, Stanford University, and surrounding communities; and WHEREAS, Audrey Bates has served on countless occasions as a Communications Training Officer, teaching new dispatchers the skills they need to be successful; and WHEREAS, Audrey Bates has, during the course of her career, received numerous letters of appreciation and commendation from the public, police officers, fire fighters and allied agencies for her superior performance during emergencies and routine calls for service; and WHEREAS, Audrey Bates has handled numerous critical incidents, emergencies, and catastrophes over the past 34 years and is recognized by her peers, public safety personnel, and allied agencies for her calm, professional demeanor in a crisis; and WHEREAS, Audrey Bates has demonstrated the ability to adapt to new changes in her work environment having begun her career utilizing a microphone, telephone, pen and paper, and finishing her career operating sophisticated 9-1-1, radio, and computer systems; and WHEREAS, Audrey Bates has pursued her 34 year public safety career with dedication, professionalism, and enthusiasm; and WHEREAS, Audrey Bates plans to spend her retirement enjoying time with her family. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto hereby gratefully records and extends its sincere appreciation of the community to Audrey Bates for her faithful and excellent service rendered to the City. INTRODUCED AND PASSED: June 14, 2010 ATTEST: APPROVED: ____________________ ______________________ City Clerk Mayor APPROVED AS TO FORM: ____________________ ______________________ City Attorney City Manager RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO POLICE CANINE LUKAS Z KYJOSKEHO UDOLI UPON HIS RETIREMENT WHEREAS, Lukas served the City of Palo Alto and its citizens as a Canine Team member from June 2004 through March 2010; and WHEREAS, Lukas has been a devoted and dedicated partner to his handler, Agent Duane Tannock; and WHEREAS, Lukas apprehended numerous criminals, including suspects wanted for robbery, burglary, auto theft, and violent assaults; and WHEREAS, Lukas assisted neighboring Police agencies such as Menlo Park, Atherton, Mountain View, Stanford, Los Altos and East Palo Alto; and WHEREAS, Lukas promoted positive public relations by visiting numerous schools, Boy Scout Meetings, Rotary Club meetings, and outside training classes; and WHEREAS, Lukas received numerous letters of commendations from the citizens of Palo Alto and Palo Alto Police Department personnel; and WHEREAS, the City of Palo Alto wishes to acknowledge Lukas for his commitment and loyalty to the community and his consistent efforts. NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of Palo Alto hereby commends the outstanding public service of Lukas and records its appreciation, as well as the appreciation of the citizens of this community, upon his retirement. INTRODUCED AND PASSED: AYES: NOES: ABSENTIONS: ABSENT: ATTEST: APPROVED: ____________ City Clerk Mayor APPROVED AS TO FORM: ____________ City Attorney City Manager RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING APPRECIATION TO POLICE CANINE LUKAS Z KYJOSKEHO UDOLI UPON HIS RETIREMENT WHEREAS, Lukas served the City of Palo Alto and its citizens as a Canine Team member from June 2004 through March 2010; and WHEREAS, Lukas has been a devoted and dedicated partner to his handler, Agent Duane Tannock; and WHEREAS, Lukas apprehended numerous criminals, including suspects wanted for robbery, burglary, auto theft, and violent assaults; and WHEREAS, Lukas assisted neighboring Police agencies such as Menlo Park, Atherton, Mountain View, Stanford, Los Altos and East Palo Alto; and WHEREAS, Lukas promoted positive public relations by visiting numerous schools, Boy Scout Meetings, Rotary Club meetings, and outside training classes; and WHEREAS, Lukas received numerous letters of commendations from the citizens of Palo Alto and Palo Alto Police Department personnel; and WHEREAS, the City of Palo Alto wishes to acknowledge Lukas for his commitment and loyalty to the community and his consistent efforts. NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of Palo Alto hereby commends the outstanding public service of Lukas and records its appreciation, as well as the appreciation of the citizens of this community, upon his retirement. INTRODUCED AND PASSED: June 2010 ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney City Manager CITY OF PALO ALTO MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JUNE 14,2010 SUBJECT: STUDY SESSION ON THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY'S (SFCJP A) CAPITAL FLOOD PROTECTION PROJECT STUDIES AND DESIGN WORK Below is an outline for the study session on the San Francisquito Creek Joint Powers Authority's capital projects scheduled for June 14,2010 at 7:30 pm. 1) Presentation by Len Materman, Executive Director of the San Francisquito Creek Joint Powers Authority (SFCJP A) a. Overview of the SFCJPA's comprehensive project b. Preliminary design of the San Francisco Bay to Highway 101 capital project c. Alternatives to provide flood protection and other benefits upstream of Highway 101 d. Next steps 2) Open ,discussion on presentation iLl fU- GLENN S. ROBERTS Director of Public Works TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: JUNE 14, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COMUNITY ENVIRONMENT CMR: 278:10 SUBJECT: Approval of a Conditional Use Permit and a Record of Land Use Action to allow a Pediatric Dental Office on the second floor of an existing office building at 2345 Yale Street. EXECUTIVE SUMMARY The recommended Conditional Use Permit (CUP) would allow a pediatric dental office on the second floor of an existing building which has contained both first and second floor office space for forty years. The dental business is relocating to 2345 Yale Street, since they must vacate their current address on Welch Road. The Planning and Transportation Commission, after considering neighborhood residents' comments about parking, signage, and the office on the first floor of the building, found that the required CUP approval findings could be made, subject to conditions of approval to install parking signage; bike ratio, and to require an amendment for any intensification of use. RECOMMENDATION Staff and the Planning and Transportation Commission (P&TC) recommend that the City Council (Council) approve the attached Record of Land Use Action (RLUA) approving the Conditional Use Permit (CUP). BACKGROUND the CUP approval is requested by Edward Davidovits on behalf of S. Brian Liu, DDS, MS to allow a pediatric dental office to be located on the second floor of the existing office building at 2345 Yale Street. The first floor of the office building is still occupied with a legal non- conforming use. On April 1, 2010, the Director of Planning and Community Environment tentatively approved the CUP request along with the Architectural Review (AR) application, based on the required findings criteria pursuant to the Palo Alto Municipal Code, Chapter 18.76 (Permits and Approvals). Within the prescribed timeframe, on April 9, 2010, a neighbor requested a hearing of the CUP by the P&TC. CMR:'278:10 Page 1 of4 COUNCIL REVIEW AUTHORITY An Architectural Review Board (ARB) hearing of the AR application was held on May 6, 2010 and the Planning Director approved the AR application on May 10, 2010. The AR approval was not appealed prior to the end of the appeal period, May 25,2010. Section 18.77.060 of the Palo Alto Municipal Code (PAMC) provides for a Council "call up" review of CUP applications that have been reviewed by the P&TC. Instead of the project automatically being heard by Council, the recommendation of the P&TC is placed on the consent calendar of the City Council within 30 days of the P&TC's review. A minimum of three Council Member votes are required to remove the item from the consent calendar and schedule it for a subsequent City Council meeting. Otherwise, the recommendation of the P&TC stands and no hearing is held. If the Council votes to hear the item, a hearing shall be scheduled as soon as practicable. DISCUSSION This project does not involve an increase in building floor area nor any decrease in the number of parking spaces. The building and site improvements, as conditioned, will result in improved parking lot striping meeting the required parking space and drive aisle widths, and additional landscaping within the parking lot and in front of the existing building. The proj ect will allow an existing Palo Alto-based pediatric dental business to remain in Palo Alto, and conditions of approval associated with the CUP have been designed to address concerns expressed by neighbors. COMMISSION REVIEW AND RECOMMENDATIONS On May 19, 2010, the P&TC reviewed the project and recommended that the City Council uphold the Director of Planning and Community Environment's decision to approve the application pursuant to PAMC Section 8.76.030, subject to additional conditions. The vote was 5-1-1 (Keller opposed, Tuma absent). Two members of the public who reside in the College Terrace neighborhood presented their concerns and provided written statements to the P&TC (Attachment G). The residents spoke about parking lot signage and the appropriateness of existing and proposed uses. The applicant and property/business owner spoke to clarify the business operations and modifications to the project to address concerns. The P&TC added conditions of approval to staff-recommended conditions. The additional conditions recommended by the P&TC were as follows: 1. Install visible (directional) signage at both Yale Street and Cambridge Avenue to inform clients/patients of the parking lot provided for their use; 2. Any intensification of use shall require an amendment to the Conditional Use Permit; and 3. Install bicycle racks for three bicycles on the site. The P&TC also encouraged the applicant to include on the dentist's website information about the rear parking lot so that clients use the parking lot rather than street parking, and to work with the residents to ensure signage information will address their concerns. These suggestions have been incorporated into the RLUA. CMR: 278:10 Page 2 of4 G. Correspondence Presented to P&TC May 19,2010 H. Questions from Commissioners and Staff Responses May 19, 2010 COURTESY COPIES Edward Davidovits, Applicant S. Brian Lieu, DDS, MS, Owner Joy Ogawa, Neighbor requesting hearing College Terrace Residents' Association CMR: 278:10 Page 4 of4 ATTACHMENT A APPROVAL NO. 2010-1 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 2345 YALE STREET: CONDITIONAL USE PERMIT 10PLN-00058 (Edward Davidovits, APPLICANT) On .June 14, 2010, the Council approved the Conditional Use Permit to allow a Dental Office (Medical Office Use Category) in the second floor of an existing office building with minor exterior changes and parking lot landscaping (no increase in square footage is proposed), making the following findings, determination and declarations: SECTION 1. Palo Alto ("City follows: Background. The City Council of the City of Council") finds, determines, and declares as A. On February 16, 2010, Edward Davidovits applied on behalf of S. Brian Lieu, DDS, MS, for a Conditional Use Permit and Minor Architectural Review to allow a Dental Office (Medical Office Use Category) in the second floor of an existing office building with minor exterior changes' and parking lot landscaping (no increase in square footage is proposed) . B. The project was deemed complete on March 26, 2010. A tentative Director's Decision was prepared approving the conditional use permit and minor architectural review on April 1, 2010. A hearing before the Planning & Transportation Commission ("PTC") was requested on April 9, 2010. The PTC held a public hearing on May 19, 2010 to consider the application. The PTC voted to recommend approval of the conditional use permit. A hearing before the Architectural Review Board (ARB) was held May 6, 2010 and the ARB recommended that the Director approve the Architectural Review (AR) component of the application. On May 10, 2010, the Director issued his approval of the AR application, a decision which was not appealed to City Council. SECTION 2. Environmental Review. categorically exempt from the provisions Environmental Quality Act (CEQA). of The the SECTION 3. Conditional Use Permit Findings proj ect is California 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the' vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 1 This finding can be made in the affirmative in that the proposed use is a neighborhood serving dental practice within an existing office building. The proposed use has equal parking requirements to the office use which was previously in this location and is allowed without the requirement of or controls of a Conditional Use Permit. Condi tions of approval have been imposed to ensure the proj ect conforms to the submitted plans and that the restriping of the parking lot includes the planting of new landscaping and an additional tree to increase the property's conformance with the City's parking lot landscaping requirements. Additional landscaping along the front fa9ade of the existing building has also been agreed upon and included in the conditions of approval. 2. The proposed use will be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. This finding can be made in the affirmative in that the proposed dental office is designed to follow the Comprehensive Plan policies which encourage small local- serving businesses that reuse vacant sites. The proposed project will include only minor exterior changes to the building, but has' included improvements to the parking lot, including additional tree shading. SECTION 4. Conditional Use Permit Granted. Conditional Use Permit No. is granted to allow a Dental Office (Medical Office Use Category) in the second floor of an existing office building with minor exterior changes and parking lot landscaping (no increase in square footage is proposed). SECTION 5. Conditions of Approval. Department of Planning & Community Environment 1. The proposed dental office use shall operate in substantial conformance with the project description and plans stamped received February 16, 2010, on file with the City in planning application no. 10PLN-00058. 2. A copy of this approval letter shall be printed on the first page of the plans submitted for building permit. The building permit will not be approved without this letter printed on the plan set. 3. The Director of Planning and Community Environment shall have continuing j u'risdiction over this Conditional Use Permit and 2 reserves the right to revoke or terminate this permit, reaffirm this permit or modify the conditions or impose new conditions with respect to this permit. 4. New rear entrance door shall be of materials and design to match existing. 5. Install visible (directional) signage at both Yale Street and Cambridge Avenue to inform clients/patients of the parking lot provided for their use. The signageplans shall be reviewed by Planning staff prior to installation and after consideration by the applicant of neighbor's suggestions. 6. Any intensification of use shall require an amendment to the Conditional Use Permit. 7. Install bicycle racks for three bicycles on the site; if feasible, locate the racks under the new exterior stairway. 8. The applicant is encouraged to include on the business' website information about rear parking lot so that clients use the parking lot rather than street parking. 9. The final Plans submitted for building permit shall include the following information and notes on the relevant plan sheets: (a) Sheet T-l Tree Protection-it's Part of the Plan (http://www.cityofpaloalto.org/environment/urbancanopy.asp ), Applicant shall complete the Tree Disclosure Statement. Inspections and monthly reporting by the project arborist are mandatory. (All projects: check #1) (b) Protective Tree Fencing Type. Delineate on grading plans, irrigation plans , site plans and utility plans, Type II fencing around Street Trees and Type I fencing around Protected/Designated trees as a bold dashed line enclosing the Tree Protection Zone (all permeable ground area surrounding the trunk) per instructions on Detail #605, Sheet T-l, and the City Tree Technical Manual, Section 6.35-Site Plans. 10. The parking lot plans shall be revised to remove one parking space and replace it with one planting island. The island shall be at least 6 feet in width, and shall be located approximately half way along the rear property line to bring the existing parking lot into greater conformance with parking lot shading requirements since the proposal is for greater than 11 parking spaces in a row without a planting island. The planting island will contain one 24 inch box tree, species Chitalpa, or similar with approval of City Arborist. 3 11. Automatic irrigation shall be provided to all trees and new landscaping. For trees, PW Detail #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball. Bubblers shall not be mounted inside an aeration tube. The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the Ci ty' s Landscape Water Efficiency Standards. Irrigation for other landscaping shall also include bubblers, PW Detail #513. 12. The plans submitted for building permit shall include a landscaping plan showing details of new parking lot tree and new landscaping along the building frontage. Landscaping strip in front of building shall be planted with two Burgundy Flax, one on either end, and a 24-inch box Burgundy Japanese Maple located in the center on top of an 8" mound covered in mulch. Alternate planting may be approved with review of City Arborist. Irrigation per condition of approval 6 is required. 13. All of the parking stalls, with the exception of the ADA accessible space #1 7 should be reduced to 17' -6" depth, resulting in a 25'-0" (except for at the ADA space where it would be 24'-6"). 14. Spaces #14 and #15 shall be at least 9'-0" wide, and space #16 shall be as wide as possible given the extra space from the planting island, but no less than 9' -0". With 9' -0" wide stalls, 24' aisle width would be acceptable. 15. New rear entrance door shall be of materials and design to match existing. 16. Per PAMC Section 18.23.050 (Visual, Screening and Landscaping) and PAMC Section 18.23.060 (Noise and Vibration), all new rooftop equipment installed for this dental office shall be screened from public view and shall comply with Chapter 9.10 of the PAMC (the Noise Ordinance) . utilities Department -Electric Engineering Division 17. The applicant shall comply with all the Electric Utility Engineering Department service requirements noted during plan review. 18. Applicant/Developer must notify Utilities Engineering (Electric) if the proposed renovation/change of use has any impact on the existing electrical service size, voltage, or location. If there are any changes, the Utilities will provide 4 comments and/or conditions along with any applicable fees and cost estimate. utilities Department -Water Gas Wastewater Division 19. The applicant shall submit a completed water-gas-wastewater service connection application -load sheet for City of Palo Alto Utilities. The applicant must provide all the existing and new information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). 20. The applicant shall submit improvement plans for any utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. 21. Utility vaults, transformers, utility cabinets, concrete bases, or other structures can not be placed over existing water, gas or wastewater mains/services. Maintain l' horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets /vaul ts /bases shall be relocated from the plan location as needed to meet field conditions. 22. The applicant shall be responsible for installing and upgrading the services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility services. 23. Sewer drainage piping serving fixtures located less than one foot above the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 24. Flushing of any fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer. 25. Sewage ejector pumps shall meet the following conditions: (a) The pump (s) be limited to a total 100 GPM capacity or less. 5 (b) The sewage line changes to a 4" gravity flow line at least 20' from the City clean out. (c) The tank and float is set up such that the pump run time not exceed 20 seconds each cycle. 26. The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Al to Utili ties. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 27. Each unit or place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water service, gas service and sewer lateral connection shown on the plans. 28. An approved reduce pressure principle assembly (RPPA backflow preventer device) is required for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter, within 5' of the property line. Show the location of the RPPA on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. The applicant shall provide the City with current test certificates for all backflows. 29. An approved reduced pressure detector assembly is required for any existing or new water connection for the fire system to comply with requirements of California administrative code, ti tIe 17, sections 7583 through 7 605 inclusive. Reduced pressure detector assemblies shall be installed on the owner's property adj acent to the property line, wi thin 5' of the property line. Show the location of the reduced pressure detector assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 30. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. Fire Department 31. A permit will be required to install the medical gas system. A hazardous materials registration form shall be submitted. Contact Hazardous Materials Inspector Joe Afong (650-329-2665) for details. 6 Building Department 32. The project is currently comprised of two lots. Prior to issuance of building permits, the lots shall be merged to create a single parcel. SECTION 6. Term of Approval. If the Conditional Use Permit granted is not used within one year of the date of council approval, it shall become null and void, pursuant to by Palo Alto Municipal Code Section 18.77.090(a). PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney PROJECT DESCRIPTION REFERENCED: APPROVED: Director of Planning and Community Environment 1. The one page project description and nine page plan set prepared by Edward Davidovits, dated received February 16, 2010. 7 the receipt of application. A request for this hearing was received from one of these neighbors (Joy Ogawa) after the tentative approval was published. The hearing request was related to the Director's tentative decision Qn the CUP as well as the minor architectural review, though there were no specific comments about the architectural review. The Architectural Review Board (ARB) is conducted a public hearing on May 6, 2010 on the proposed exterior modifications to the building and site. The ARB recommended approval with one additional condition: Revised plans shall return to the ARB subcommittee to address four items: (1) show detail for the awning and modifY the color to be compatible with the building paint color, (2) revise the site plan to show the planting island (and location of gas cylinder),. (3) provide material and color details for the new exterior stairway, (4) provide a landscape and irrigation plan incorporating revised plantings in the front landscape strip~ The Director followed the ARB's recommendation and approved the minor architectural review on May 10,2010. Neighbor concerns are summarized below and included as Attaclnnent E . . Project Description The CUP application requests a permit to allow a Dental Office on the second floor of an existing office building. Associated with this CUP is an application for Architectural Review of several minor exterior changes and parking lot landscaping. The exterior modifications were included in the Director's tentative approval issued April 1, 2010, based upon CUP and Architectural Review findings and subject to approval conditions set forth in the approval letter (Attaclnnent D). The exterior changes include a new door to the rear parking lot, a new awning over that door, and a restriping of the parking lot to provide the required accessible space an~ bringing the remaining parking spaces up to current code requirements. No in~rease in floor area is proposed, and the number of parking spaces are intended to be increased by one space, as set forth in the applicant's project description (Attachment C). The Director's tentative decision was conditioned upon the planting of a tree in a new planting island within the parking lot, enhancing its confonnance with the City of Palo Alto Page 2 City's parking lot shading requirements. Because of the space needed for planting of the tree, the . resulting parking lot has no net increase or decrease in the existing number of p~rking spaces. The conditions of approval also included a requirement for additional landscaping along the front fa~ade of the building. The applicant agreed to these conditions of approval, which are included in the draft Record of Land Use Action (Attachment A). PLANNING AND TRANSPORTATION COMMISSION REVIEW: Conditional Use Permit The action required of the P&TC is a recommendation on the CUP. A Conditional Use Permit is required for Medical Office in the Neighborhood Comm~rcia1 zone, as shown in P AMC Section 18.16.040, Table 1. This dental office is categorized as medical office, a use category which has the same parking requirements as the existing professional office use c~tegory. Procedure for review by the Commission upon request for hearing is as follows: . (1) Within 45 days foliowing the filing of a timely hearing request of a proposed director's decision or revised proposed director's decision the planning and transportation commission shall hold a hearing on the application, unless the request is withdrawn as described above. (2) Notice of the revised director's decision shall be given by mail to owners and residents of. property within 600 feet of the property, by publication, by e .. mail, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, and the date, time and location of the hearing. (3) Following the hearing, the planning and transportation commission shall make a recommendation on the application, which shall be forwarded to the city council. (Palo Alto Municipal Code (PAMe) Section 18.77.060(e» Procedure for review by the Council upon recommendation from the Commission is as follows: City of Palo Alto Page 3 The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the council within 30 days. The council may: (1) Adopt the findings and recommendation of the planning and transportation commission; or (2) Remove the recommendation from the consent calendar, which shall require . . three votes, and: (A) Discuss the application and adopt findings and take action on the application based upon the evidence presented at the hearing· of the planning and transportation commission; or (B) Direct that the application be set for a new hearing before the city council, following which the city council shall ad~pt findings and take action on the application. (Palo Alto Municipal Code (PAMC) Section 18.77.060(t) Architectural Review Status Background information related· to the project's details and history has been included within the Record of Land Use Action, which contains findings and conditions of approvai associated with the tentatively approved application for a CUP and Architectural Review. The ROLUA wasl adjusted following the ARB hearing, on May 6, 20l0, and the Director's action following the ARB's recommendation. The Director's approval of the Architectural Review component occurred on May 10,2010, during the week of the P&TC's packet containing this staff report. The approval letter is included as attachment F. The appeal period fo~ a Director's .decision following ARB recommendation is 14 days, so the appeal period will not have ended prior to the P&TC hearing. Following the P&TC hearing and at the end of the ARB appeal period, the project will be forwarded to the City Council for placement on its consent calendar. Three members of the City Council would be ~equired to pull the item off the consent calendar and schedule a public hearing. SUMMARY OF KEY ISSUES: City of Palo Alto Page 4 Neighbor Concerns The concerns expressed by the residential neighbors adjacent to this project include increased activity over the, previous office use and concerns over the existing use on the ground floor. These comments, as well as the letter received requesting a public hearing, are included as Attachment E. , Parking Facilities The existing office building parking lot provides 21 automobile parking spaces where current code requirements for office would result in a requirement for 24 spaces. ,The restriping of the parking lot will not decrease the number of parking spaces, and the proposed medical office use would not require an increase in the number of off-street parking spaces for use by the building tenants and visitors. Because the zoning code only requires t~at a new use provide parking for any increase in square footage or intensification, this use change does not require any additional parking be , provided. Standards of Review The draft Record of Land Use Action (Attachment A), includes a determination ~hat the proposed project, as conditioned, meets all requirements of the City's Municipal Code and Comprehensive Plan. The following findings must b~ met to grant the conditional use pennit. Staff believes that both findings can be made and each is discussed below: 1, The proposed use, at the proposed location, will not b.e detrimental or injurious to property or improvements in the vicinity, and will not be, detrimental to the public health, safety, general welfare, or convenience .. This finding can be made in the' affirmative in that the proposed use is a neighborhood serving dental practice within an existing office building. The proposed use has parking requirements equal to the offi~e use which was previously in this locat~on and is allowed without the ' requirement or controls of a Conditional Use Permit. Conditions of approval have been imposed to ensure the project conforms to the submitted plans and that the restriping of the parking lot City of Palo Alto Page 5 includes the planting of new landscaping and an additional tree to increase the property's I conformance with the City's parking lot landscaping requirements. Additional landscaping along the front faQade of the existing building has also been agreed upon and included in the conditions of approval. 2. The proposed use will be located and conducted in. a manner in accord with the Palo Alto Comprehensive Plan and the purposes of the Zoning Ordinance. This finding. can be made in the affirmative in that the proposed dental office is designed to follow the Comprehensive Plan policies which encourage smalllocal .. serving businesses that reuse vacant sites. The proposed project includes minot exterior changes. to the building and improvements to the parking lot, including additional tree shading. POLICY IMPLICATIONS: The proposed project is consistent with the Compre~ensive Plan and staffbelieves there are no other substantive policy implications. TIME LINE: Application Received: Application Deemed Complete: Tentative Approv.al: . Hearing Requested: End of Hearing Request Period: ARB Hearing: Director's ARB Decision: P&TC Hearing: City of Palo Alto Date: February 16,2010 March 26, 2010 April 1 ~ 2010 April 9, 2010 April 15, 2010 May 6,2010 May 10,2010· May 19,2010 Page 6 End of ARB appeal period: May 25,2010 ENVIRONMENTAL REVIEW: ". The project is cat«gorically exempt from environmental review under. provisions of the California Environmental Quality Act (CEQA), Section 15, Class 1, renovation of existing facilities. ATTACHMENTS: A. Draft Record of Land Use Action B. Location Map C. Project Description* D. Tentative Approval Letter E. Comment & Request for Hearing CorrespOlidence . F. ARB Approval Letter G. Project Plans* *provided by applicant COURTESY COPIES: Edward Davidovits, Applicant S. Brian Lieu, DDS, MS, Owner Joy Ogawa, Neighbor requesting hearing Prepared by: Jennifer Cutler, Planner~? Reviewed by: Amy French, Manager of Current Planning DepartmentIDivision Head APproval: __ D:~~:looI,;:=-': ;:..:;.::....0. ~\~~,... .. ~~...;x.Ao\~CIo!: ...... ~~ _______ _ Curtis Williams, Director of Planning City of Palo Alto Page 7 " ; Attachment C 1 Special Meeting o/Wednesday, May 19,2010 2 Council Chambers, Civic Center, 1st Floor 3 250 Hamilton Avenue 4 Palo Alto, California 94301 5 6 7 DRAFT MINUTES 8 EXCERPT RE: 2345 Yale Street 9 10 11 AT 6:00PM 12 13 NEW BUSINESS. 14 Public Hearing: 15 16 2345 Yale Street: Planning and Transportation Commission Review of a Request for 1 7 Hearing on a Request for a Conditional Use Permit to allow a Dental Office on the second 18 floor of an existing office building. Zoning: CN. 19 20 Ms. Jennifer Cutler, Planner: Yes. Good evening Commissioners. This project involves the 21 Conditional Use Permit to allow a dental office on the second floor of an existing office 22 building. The applicant also included minor architectural review for minor exterior changes 23 to the building and restriping of the existing parking lot. 24 25 A hearing was requested on the tentative Director's Decision on both the Conditional Use 26 Permit and the architectural review. A public hearing was held on the architectural review 27 elements of the applicant on May 6 with the Architectural Review Board, and the Director 28 has approved those aspects of the project based on their recommendation. If no appeal is 29 filed then that decision will become effective on May 24, next week. 30 31 The applicant for the Conditional Use Permit under review tonight is for Dr. Liu, who 32 currently has a pediatric dental practice on Welch Road. This is a solo practice as described 33 in the Staff s response to Commissioners comments, which is available at places and at the 34 table at the rear of Chambers. 35 36 One concern that was posed about this proj ect by the neighbor who requested this hearing is 37 the existing use of the first floor of the same building. However, Staff has conducted 38 additional research on this subject and has found that the use was established in early 2006 39 with a City issued Use and Occupancy Permit, which is different from a Conditional Use 40 Permit. 41 42 At that time, the beginning of 2006, a Conditional Use Permit was not required for any office 43 uses in the CN zone including medical office. They were allowed by right. It was a 44 permitted use. Therefore, this use is in conformance with the code. It is an existing legal 45 use. 46 City of Palo Alto May 19,2010 Page 1 of21 1 The second issue that was brought up was in regard to reserving specific parking spaces for 2 patients. The City's zoning code requires a certain number of parking spaces per square foot 3 of floor area. It does not require any reserved parking for this particular use. The 4 Transportation Division has reviewed the plans and provided conditions of approval to 5 ensure that the plans will meet the parking requirements in terms of dimensions and travel 6 space in between. 7 8 Staff recommends that the Commission recommend approval with the conditions proposed in 9 Attachment A. The applicant and property owner are here to answer any questions you may 10 have. I believe the neighbor requesting a hearing is also here as well. ~hank you. 11 12 Chair Garber: Thank you. Forgive me City Attorney. I am forgetting our protocol here 13 given that this· is a Request for Hearing as opposed to an application. We will open the 14 public hearing and then we will hear people in that way. So let us open the public hearing. 15 Our first speaker of the evening will be Joy Ogawa followed by Doria Summa. We will give 16 you five minutes. 17 18 Ms. Joy Ogawa, Palo Alto: Thank you for the five minutes. I should have enough time I 19 guess. I prepared for three but I will probably go over the three. 20 21 So I hope that you have been able to look over the materials that I have submitted, especially 22 the letter in the packet, which lists the conditions that the neighbors have requested. Also, 23 there is an additional modification that I submitted today by email. That modification is just 24 specifically asking that signage be displayed at the entrance to the parking lot driveway that 25 identifies the occupants of the building. There is signage right now for Lucile Packard but 26 the reason I am asking this is I remembered the time before that sign got put up when Lucile 27 Packard had moved in there were a lot of cars coming into our driveway because they didn't 28 know which driveway to go in and our driveway was the first one on Yale Street, the first 29 one on Cambridge after turning off of Yale Street so they would tum into our driveway. So 30 we had a lot of that going on. So I think it is very important to have appropriate signage at 31 the entrance to that parking lot driveway saying what that parking lot is for. It is for that 32 2345 building and who the occupants of that building are, whether it is a dentist or whoever 33 is going to occupy that ground floor. It is not clear who is going to be occupying that ground 34 floor in the future. 35 36 So I am not going to repeat everything that I submitted. I do want to ask the question, how is 37 it that this application was not only deemed complete by Planning Staff it actually got 38 approved by Planning Staff considering the condition that the application was in? I 39 submitted a copy to you. The document that I presume comprises the application is missing 40 a ton of important information, a lot of blanks there, and it has incorrect information. It was 41 really disturbing to me when I looked at the document because it is really important 42 information that is missing and that somehow it just got deemed complete and got processed 43 by Planning Staff and got approved by Planning Staff. So I find it is really disturbing to me 44 that this happens. I hope that Planning Commission will look into the criteria that Planning 45 Staff applies to determining when an application is deemed complete. 46 City of Palo Alto May 19,2010 Page 2 of21 1 I also want to emphasize that this application is for a Conditional Use Permit. Now, a 2 medical office use may have been a permitted use in 2006 but it is no longer a permitted use 3 it is a conditional use. It seems to me that the whole approach that Staff has taken has been 4 as though it were a permitted use. They looked at the parking requirement as though the 5 proposed use were a permitted use. It is like oh, it's a permitted use, that's fine it is all 6 grandfathered in, no problem. Then they approve the CUP without considering the real 7 concerns about impacts of the specific type of medical use involved here without considering 8 the potential of expansion of the use, and without making sure to prevent inappropriate uses. 9 10 So the zoning code says that a CUP can only be approved if it will not be detrimental to the 11 neighbors, and only if it is in accord with the Comprehensive Plan, and the purposes of the 12 zone. So a CUP in the CN zone can only be granted for a neighborhood serving use. That is 13 the purpose of the CN zone. 14 15 What the neighbors are asking is simply that all necessary and reasonable conditions be put 16 in place that minimize negative impacts to the neighbors and assure that the conditional use 17 is an appropriate neighborhood serving use and stays that way. Now, a solo dental practice 18 might be considered a neighborhood serving use. A larger multiple dentist practice might 19 not. I am asking please don't be afraid of being overly restrictive. This CUP would not shut 20 the door permanently on what can ever be done on this property. An amendment to the CUP 21 can always be applied for in the future. At that time an evaluation can be made on how well 22 the existing CUP has worked. By tightly restricting the CUP for now it gives the property 23 owner incentive to be a good neighbor and win the support of residential neighbors for any 24 future amendments to the CUP. 25 26 So I am asking the Commission to include conditions that ensure minimum negative impacts 27 to the neighbors and maximum accord with the Comprehensive Plan arid purposes of the CN 28 zone. 29 30 Chair Garber: Thank you. Doria Summa. 31 32 Ms. Doria Summa, Palo Alto: Hi, thank you for letting me speak tonight on behalf of the 33 College Terrace Residents Association Board of Directors. I serve on that as a city observer. 34 We emailed a letter in to you and I just wanted to go through it quickly. 35 36 The College Terrace Residents Association Board of Directors identified as one of our goals 37 this year to work to preserve and revitalize the Neighborhood Commercial District in College 38 Terrace. The municipal code describes the CN zone as a neighborhood commercial district 39 intended to create and maintain neighborhood shopping areas primarily accommodating retail 40 sales, personal service, eating and drinking, and office uses of moderate size serving the 41 immediate neighborhood under regulations that will assure maximum compatibility with 42 surrounding residential areas. 43 44 In general, lax adherence to zoning regulations creates a situation where developers are able 45 to circumvent the zone regulations resulting in uses that are inconsistent with the spirit and 46 intention of the CN zone. Medical office uses in particular have been identified as an area of City of Palo Alto May 19,2010 Page 3 0/21 1 concern in a neighborhood survey conducted in December 2008. Residents expressed a 2 strong concern about the negative impacts of medical office uses in our CN zone. Part of that 3 concern comes from the potential migration of medical offices that are more regional in 4 nature. Projects in the CN zone that propose medical office use should be carefully reviewed 5 to assure adherence to the code and maximum compatibility with surrounding residential 6 areas. 7 8 We do not object to a sole dental practitioner on the second floor of2345 Yale Street, but we 9 urge the City require that the first floor reverts to general office and remains that way, and 10 that the appropriate conditions are put in place to minimize parking and traffic impacts. 11 Thank you very much. 12 13 Chair Garber: Thank you. Is there anyone else from the public that would like to speak? 14 We will keep the public hearing open if there is. Is the applicant here? Would you like to 15 speak? If you would like to speak please fill out a card. I have it? I apologize. Brian Liu. 16 Thank you. 17 18 Mr. Brian Liu, Palo Alto: Thanks for the opportunity to speak to you. Basically I just 19 wanted to give you a little bit of background of myself. I am originally from Taiwan. I got 20 my dental education from Taiwan. After dental school I applied to UCSF for specialty 21 training for three years. I am a board certified pediatric dentist and I still maintain my 22 teaching professor job at UCSF. So the office I have right now is at 750 Welch Road. I have 23 been practicing there since February of 2000. So it has been there for more than ten years 24 already. I have been serving the community for more than ten year. More than 80 percent of 25 my patient pool is from Palo Alto. The reason I moved my office is because Welch Road has 26 been taken by the Stanford Hospital and for that reason a lot of people have to move out of 27 Welch Road. I will be very sad for my patients if I have to move out of Palo Alto City 28 because it is very hard to find a medical location for a dental office. 29 30 I want to talk about my office. Because of my education as a professor at UCSF I have not 31 high quantity office. It is a high quality office. So I don't see a lot of patients. I see 20-plus 32 patients. Usually we have patient appointments for one hour so we don't have a lot of 33 patients coming in every day. So the impact of traffic I don't think is going to be a major 34 issue. Plus, we have enough parking for all patients. So I just wanted to have a chance to let 35 everybody know it is very nice to practice in Palo Alto City and I will be really sad to move 36 out of Palo Alto City. Thank you. 37 38 Chair Garber: Thank you. Commissioners, questions, or comments? Commissioner Lippert. 39 40 Commissioner Lippert: So in the Staff Report and what you have described to us this is 41 really a legally existing nonconforming use. Is that correct? 42 43 Ms. Cutler: You are referring to the first floor? 44 45 Commissioner Lippert: Yes. I am referring to the zone that this building is in. It is in the 46 CN zone. City of Palo Alto May 19,2010 Page 4 of21 1 2 Ms. Cutler: Office is an allowed use in the CN zone. When the ground floor use was 3 established that included office as well as medical office, professional office. Since then the 4 code has been changed so that medical office now is an allowed use but a Conditional Use 5 Permit is required. 6 7 Commissioner Lippert: Okay, so at the time the building was built. .. 8 9 Ms. Cutler: 1969. 10 11 Commissioner Lippert: It was a permitted use in there. 12 13 Ms. Cutler: Yes. 14 15 Commissioner Lippert: Okay. Then in 2006 we changed the rules. 16 17 Ms. Cutler: In 2007 the rules were changed. Office is still allowed but medical office 18 specifically got pulled out and a Conditional Use Permit is now required for any new medical 19 office established in the CN Zone. 20 21 Commissioner Lippert: That is in all CN zones. 22 23 Ms. Cutler: Correct. 24 25 Commissioner Lippert: Okay. The question I have I guess is for the City Attorney. When 26 does something like that become a downzoning? Would there physically always have to 27 have been -if there was a dental office in there obviously it would be a downzone if we 28 didn't allow another dentist to go into that building. 29 30 Mr. Larkin: As long as the medical use is continuous and doesn't expand that medical office 31 can continue in that location. They can't increase the intensity of the use. They can't do a 32 lot to expand that use but they can keep that medical use on the ground floor as long as they 33 are in continuous use doing that, and as long as the City doesn't decide that they want to 34 amortize that use out of existence. Otherwise they are okay there in perpetuity. Downzoning 35 or up-zoning those are not necessarily well defined terms. 36 37 Commissioner Lippert: Well, I guess where my line of questioning goes is when are we 38 taking away property rights because that is really where the rub is? 39 40 Mr. Larkin: If we were to say not only is it nonconforming but that we were going to create 41 a date certain in which that use could no longer be done on that property then that would be 42 where that would take place. Then we would have to do an amortization study so that the 43 owners of the business would be able to obtain the value of their improvements to the 44 business. 45 City of Palo Alto May 19,2010 Page 5 of21 1 Ms. French: I would like to add something too. When our attorney says continuous use, in 2 our Nonconforming Use Regulation, Chapter 18.70 it does state that for a period of 12 3 months or more if the nonconforming use vacates then it needs to be replaced by a 4 conforming use. So there could be a period of several months where it was vacant where 5 they could still come back and do a medical office use on the first floor. We are talking 6 about the first floor right now. 7 8 Commissioner Lippert: Correct. When did the Lucile Packard vacate? 9 10 Ms. French: They have not vacated. 11 12 Commissioner Lippert: Oh, they are still there. 13 14 Ms. French: They were issued a permit in January of2007 and they are still there. 15 16 Commissioner Lippert: So they have whatever their rights are by the fact that they are there 1 7 even though the zoning on it or the rules for them have changed as well. So they are a 18 legally existing nonconforming use as well. 19 20 Ms. Cutler: Correct. 21 22 Commissioner Lippert: Okay. I may have additional questions. 23 24 Chair Garber: Commissioner Martinez, then Keller, and Fineberg. 25 26 Commissioner Martinez: One thing when we get small applications or for smaller projects 27 like this is I feel like we get kind of hand-me-down drawings with it. I would have liked to 28 have seen the site plan that showed the setbacks, that showed the width of the street, that 29 showed that we had on-street parking, that showed the distance to public transportation, the 30 things that we really care about on the Commission rather than a building plan. Are you 3 1 going to correct me? Is it there? 32 33 Just as a general thing when we look at projects that are alterations in nature we don't really 34 care about the size of the elevator so much as we do sort of the neighborhood uses like what 35 is next door, what is across the street, how far is it to these properties, things like that. I think 36 that would give us more of a flavor of sort of the neighborhood and the consequence than an 37 architectural plan. 38 39 First before I forget, I really want to say this. I really want to thank Dr. Liu for choosing to 40 stay within Palo Alto. I think you should be commended for that. I think a thriving practice 41 could move to Menlo Park and your patients would follow you I am sure. So I am happy 42 about that. No, I am not suggesting that. I am just saying you had a choice and you made the 43 right choice. 44 45 One of the issues is that as urbanists we all love these kinds of mixed use neighborhoods 46 where you walk down the street and there is a sleepy little business you didn't know about. City of Palo Alto May 19,2010 Page 60f21 1 You walk a little bit further and there is a cafe, and there is a house that has been there for 50 2 years, and there is something else like a duplex next to that. There is this rich texture that we 3 just adore in this city. I think College Terrace is my favorite neighborhood for that reason. 4 But when there is a change it is like all hell breaks loose. It is like this is going to change the 5 neighborhood for the worst. An office use is somehow now a dental use and this is going to 6 really start the downward slide of our neighborhood. That probably isn't true. I think this is 7 a small use with a small consequence. I think anything where there are children involved and 8 the practice is children's dentistry, there is an opportunity to add more life to it. It is near 9 public transportation. Teenagers can come on their own as mine used to do. There are kids 10 walking to and for with their bikes. There is added life to the neighborhood and there is no 11 reason to see this in the context that it is a negative addition to the neighborhood. 12 13 In addition, I think the parking is set at a fairly high bar, 250 square feet per parking place is 14 about as stringent as it gets. So I think we have some safeguards in the applicant's proposal 15 for a fairly small use of a second floor of a building. He is actually reducing the amount of 16 square footage in adding the elevator and equipment room to the project. So I think we as 1 7 neighbors I think we need to like take a deep breath and look at this in the context of a very 18 rich urban environment that is half a block to EI Camino Real that really can be something 19 that really isn't a big outside use, but is really something that very quickly is going to become 20 a part of your neighborhood. Thank you. 21 22 Chair Garber: Commissioner Keller and then Fineberg. 23 24 Commissioner Keller: Thank you. So my first question is we have a building that has been 25 there for a long time. There is a legal nonconforming use on the first floor. There are 26 representations that at some point in time it is expected that that legal nonconforming use 27 may end, and we have a Conditional Use Permit application for a new use in the same 28 building. Is it legal to condition the new use, the Conditional Use Permit, occupancy based 29 on the vacancy if you will of the nonconforming use on the first floor and discontinuance of 30 that nonconforming use? 31 32 Mr. Larkin: I think that if the Commission wanted to say that the new use couldn't come in 33 as long as the existing nonconforming use is there that could be a condition that the 34 Commission could decide to impose. 35 36 Commissioner Keller: We could allow construction to happen just not occupancy until the 37 current legal nonconforming use were terminated without requiring an additional Conditional 38 Use Permit for it to recur? 39 40 Mr. Larkin: Yes, if the condition thought that the combination of having the dental office on 41 the top floor along with the medical office on the ground floor was too much of a 42 concentration of medical then you could condition the new use couldn't come in as long as 43 the old use was there. 44 45 Commissioner Keller: Thank you. Also, to Commissioner Martinez, you might want to look 46 at Attachment B to the Staff Report. Well, it doesn't have setbacks but it does give a context. City of Palo Alto May 19,2010 Page 7 of21 1 I am actually personally very familiar with this building because I have in past patronized not 2 the Lucile Packard on the first floor but the intellectual property services, Lumen Intellectual, 3 that used to occupy the second floor. I guess this is the first time I have heard that they 4 moved or are about to move or something to that effect. 5 6 So what is interesting about this is that there is this letter from Joy Ogawa dated Saturday, 7 May 15, at 3:38 PM has attached to it an application for a Conditional Use Permit to locate 8 an 8,270 square foot professional office. What I am curious about is the building appears to 9 be 6,000-something or other. I am wondering what the discrepancy is between because it 10 does indicate that it is an existing structure. So does anybody have an answer as to why Lisa 11 Grote's comments were referencing an 8,270 square foot professional office while the new 12 building is somewhere just over 6,000? 13 14 Ms. Cutler: I do believe that that was in reference to an entirely different site on College 15 Avenue. 16 17 Chair Garber: About a block and a half away. 18 19 Ms. Cutler: Right. So it is a totally different location. It is actually a very different kind of 20 situation and not the building on this site. 21 22 Commissioner Keller: Thank you. Because I am familiar with driving to this place it took 23 me awhile to even know.that there was a parking lot behind the building. I would have to say 24 that the first few times I visited Lumen Intellectual Property Services I parked. on Yale 25 because I was not aware of a parking lot around the comer. So I think that certainly is an 26 Issue. 27 28 There was reference by Commissioner Martinez to the fact that this is a pediatric dentist 29 location and that there would be potential for bikes. Is there any provision for bike parking 30 as far as this? I am not sure if I saw it. 31 32 Ms. Cutler: I believe the applicant is indicating that it could be added if that was desirable. 33 34 Commissioner Keller: Perhaps the applicant might want to say where it would go because I 35 can't figure out where it would go other than blocking a walkway or something. 36 37 Chair Garber: Is it important to know where other than to know that it should exist? It is 38 fine if it does. 39 40 Commissioner Keller: Well, the reason I would like to know where is because if the 41 alternative is removing a parking space that has its own risks. 42 43 Chair Garber: Okay, so maybe that is the question to be answered. Please identify yourself. 44 45 Mr. Edward Davidovits, Applicant: I am the applicant on behalf of Dr. Liu. We were not 46 aware of a requirement of bicycle parking but there are a couple of places where it could be City of Palo Alto May 19,2010 Page 8 of21 1 added. One would be under the stairs, the emergency stairs leading to the second floor on the 2 right side of the bUilding. The other location could be at the entrance to the building from 3 Yale. There is plenty of landscape and a walkway where we could create a small area for 4 bicycle parking there too. 5 6 Commissioner Keller: Thank you. None of those would require reducing any parking 7 spaces. I do believe that staircase has space underneath if I remember correctly. What is the 8 code requirement for how many bicycle parking spaces might be required? I apologize for 9 not bringing this up in advance. Maybe we can defer that so you can answer that while you 10 are doing that. Shall I make comments or come back later? 11 12 Chair Garber: You can make comments. I think that is fine. 13 14 Commissioner Keller: I think that we should not allow the Conditional Use Permit without 15 requiring a termination of the nonconforming use on the first floor because it exacerbates a 16 problem that -we should not exacerbate a problem particularly with the nature of medical 17 office. 18 19 The second thing is I think that conditioning it on appropriate signage indicating the parking 20 being around the corner is an issue. I have noticed that myself. I would like to see an 21 appropriate condition on a certain amount of bike parking added as well. 22 23 Chair Garber: Commissioner Fineberg. 24 25 Ms. French: To respond, two bicycle parking spaces would be needed for 5,000 square feet 26 of medical office in this district. So for 7,500 you would need three. So it is basically two 27 spaces. 28 29 Commissioner Keller: Thank you. 30 31 Chair Garber: Thank you. Commissioner Fineberg and then Tanaka. 32 33 Commissioner Fineberg: I would like to first thank Dr. Liu for making the decision to stay in 34 Palo Alto. It is great to keep our local businesses local and to have our service providers be 35 here within town where they are walkable and accessible. Despite all the technicalities and 36 the hoops we put up I would like to echo Commissioner Martinez's thanks that you are 37 staying here in Palo Alto. 38 39 I am also concerned about the impact of the building on the neighbors, most specifically the 40 immediate neighbors, and then the greater neighborhood, which is undergoing a kind of de- 41 retailization. Ten years ago you used to be able to walk up and down the side streets there 42 and there was retail. Now it is not retail and dropping fast. So asa matter of planning just 43 beyond just this project looking at what is happening in the neighborhood points towards 44 maintaining neighborhood serving retail as a priority to honor the zoning in the 45 neighborhood. That said I am completely confused by our City Attorney's answers to 46 Commissioner Lippert and Commissioner Keller. Because from Commissioner Lippert's City 0/ Palo Alto May 19,2010 Page 9 0/21 1 questions I thought that if we said ground floor can no longer be a nonconforming medical 2 use that would be downzoning, which we can't do unless we have studies that you talked 3 about. Then with Commissioner Keller's questions it sounded like we can but we just link it 4 to the approval of a CUP. So did I get that right? 5 6 Chair Garber: Just before you respond let me just make a general announcement. We are 7 going to allow this item to pass beyond the seven 0' clock deadline to complete it before we 8 start the next item, which is High-Speed Rail and due to start at seven. So if anyone is here 9 for High-Speed Rail we will be starting that item a little later. 10 11 Mr. Larkin: That is fine. Technically what you would be doing is continuing it. To answer 12 Commissioner Fineberg's question we can't put a condition on the ground floor business to 13 cease existing. We can put a condition on the new proposed use on the second floor to not 14 start until that use is discontinued. So you are putting the condition on the new use not on the 15 old use. 16 17 Commissioner Fineberg: So we can't require the owner of the building to require Stanford to 18 vacate. If the owner chose to renew the lease let's say then the second floor Conditional Use 19 Permit couldn't begin operations. 20 21 Mr. Larkin: Yes, a condition of that use beginning in order to get their occupancy permit that 22 would be a legal condition. I am not suggesting this is what the Commission do. I am saying 23 that that would be a legal condition to impose. 24 25 Commissioner Fineberg: Okay, that creates - I have no idea what the owner of the building 26 and Stanford -that is beyond the purview of this hearing tonight, but that condition could 27 , potentially subject the dentist office to a huge risk if they were to start construction until they 28 had some kind of legal guarantee that the medical office use on the ground floor would be 29 vacated. So that creates a pretty scary situation. 30 31 Mr. Larkin: Again, I am not recommending that condition. The question was whether it 32 could be imposed and the answer is yes. 33 34 Commissioner Fineberg: Okay, but you are saying that we cannot permit the dentist use on 35 the second floor with a requirement that medical cease on the first floor. 36 37 Mr. Larkin: I am saying that you can condition the second floor use on the discontinuance of 38 the first floor use. 39 40 Chair Garber: You simply cannot specify when that would occur. 41 42 Commissioner Fineberg: Yes. Okay. I am trying to figure out which comes first. 43 44 Mr. Larkin: You could put an end date on the condition. 45 City of Palo Alto May 19,2010 Page 10 of21 1 Chair Garber: On the condition but in terms of Commissioner Fineberg's thread here what 2 the City would have no input on is when the bottom tenant would vacate. 3 4 Mr. Larkin: That's right. 5 6 Chair Garber: So therefore there would be no way that the City would also be able to allow 7 or define when the second floor tenant could occupy. So to your point Commissioner 8 Fineberg you are absolutely correct. You are creating a large ambiguity that would not be 9 able to be resolved by the City but could only be resolved by the relationship between the 10 tenant and the owner. 11 12 Commissioner Fineberg: I am not sure yet whether that condition is a good thing or a bad 13 thing. I am just seeing that for any business, ambiguity, especially that kind of ambiguity, is 14 not easy for business to live with. 15 16 When we are looking at what should be on the first floor do we have the ability in making the 1 7 decision about that kind of condition to look at what might be feasible or viable as a business 18 on the first floor? Is that space something that is so constrained that it would work 19 beautifully for general office use but there is no way it could be retail, there is no way it 20 could be other conforming uses? Do we have any sense of that? 21 22 Ms. Cutler: It is a little bit beyond the subject of this hearing, but general office is a use that 23 is permitted without any additional requirements in terms of Conditional Use Permit or 24 anything like that on the ground floor. The only thing that is a little bit weird about the 25 current use on the ground floor is the fact that if they came in today they would be required 26 to get a Conditional Use Permit before they went in. When they did come in and establish 27 that use they were as office is today allowed in that location. 28 29 Ms. French: Further, that the building, I think you were asking basically does it lend itself to 30 retail? I would say no. It was constructed in 1969 as an office building and that is exactly 31 the use it portrays. Maybe in architectural terms there is a better way. 32 33 Chair Garber: You are doing fine. 34 35 Commissioner Fineberg: Okay, great. Thank you. A couple of other quick comments then. 36 I would absolutely support Ms. Ogawa's request that there be good signage on the driveway 37 to lead patients to the parking. I would also suggest that the applicant and business owner be 38 good neighbors, work with the neighbors, reach out make sure if this does go ahead that the 39 parking issues, the tenants pulling in, whatever it is a lot of times just open lines of good 40 communication fix problems or avoid problems. So that would be important. Not something 41 I think that we could condition necessarily though. 42 43 As far as Ms. Suma's request that we condition that the first floor revert back to the eN zone 44 I think our discussion has been pretty clear that we don't have the legal authority to do that, 45 but we can condition the occupancy of the second floor as a way of accomplishing that. I 46 would concur with the comments that there be a requirement condition for bike parking. I City of Palo Alto May 19,2010 Page 11 0/21 1 would also like to ask Staff to address some of the questions raised, I believe it was by Ms. 2 Ogawa, about how the applicant was deemed complete and approved with partial 3 information, some misinformation, and what looked like not complete information on the 4 forms. 5 6 Ms. Cutler: I believe that the form that was attached to that specific letter that she sent in 7 was one form that we do ask them to fill out. We make sure that the relevant information 8 that we need for our evaluation is available there. There were also additional documents 9 submitted including two separate project description letters, one from the applicant and one 10 from the doctor describing the use, the fact that was a sole practitioner use, and some 11 additional details. So we did find that it had sufficient information for us to move forward 12 and recommend to the Director that it be approved. 13 14 Commissioner Fineberg: Okay, I appreciate that. One last question if I could. She just 15 touched on that it is a sole practitioner use. Is there anything, given the way the application 16 has been submitted that requires it remain a sole practitioner, or can the office bring in 1 7 multiple assistants, multiple other partners? Is that within the purview of what we review or 18 solely a business operating decision? 19 20 Ms. Cutler: One of the first conditions of approval that is part of any of these applications is 21 that the use be in substantial conformance with the letters and plans submitted as part of the 22 application. So the project description letter that describes it as a sole practitioner. We have 23 also received from the applicant more detailed information as we included in our response to 24 Commissioner questions that gave more specificity as to the fact that there is an orthodontist 25 who comes in three days a week, in terms of the number of staff. I believe that the doctor 26 would like to have a little bit of room to expand to have some flexibility in his practice but as 27 it stands I believe it is supposed to meet the description in that project description letter. 28 29 Commissioner Fineberg: Thank you. 30 31 Chair Garber: Commissioners Tanaka, Garber, and then Lippert. Then let's see if we can 32 get to a motion. ·33 34 Commissioner Tanaka: First I wanted to thank the applicant for coming out and trying to 35 stay in Palo Alto. I agree with my fellow Commissioners comments. I also want to thank the 36 residents for coming out and speaking and sending us information. This is very useful. 37 Thank you. 38 39 To me when I looked at this project it seemed that the central issue is about parking, whether 40 the residential streets were going to be filled with nonresident parking perhaps that would 41 impact on the residents in that area. So I wanted to ask Staff a few questions to see if I could 42 get a better understanding. So for the current project as it is with Lucile Packard on the first 43 floor and the current business, is the top floor empty right now? It is empty? 44 45 Ms. Cutler: That is my understanding. 46 City of Palo Alto May 19,2010 Page 12 of21 1 Commissioner Tanaka: Okay. So with this Lucile Packard in peak time how many parking 2 spaces are free or are used with Lucile Packard? Do you know? 3 4 Ms. Cutler: I would actually defer that to the applicant and see if they have that information. 5 6 Commissioner Tanaka: Does the applicant know? 7 8 Chair Garber: Please identify yourself again. 9 10 Mr. Davidovits: I was there a couple of times. I would say midmorning one day and the 11 other was mid-afternoon. The parking lot looked like more than half empty and there were 12 several vacant stalls as well on the street in front of the building and across the street as well. 13 So I don't think the Lucile Packard tenant has a huge amount of vehicles coming in. 14 15 Commissioner Tanaka: Chair, may I ask one of the residents for their perspective since they 16 are there all the time? 17 18 Chair Garber: You may. 19 20 Commissioner Tanaka: Joy. 21 22 Ms. Ogawa: Actually I brought a photo. Fourteen cars Lucile Packard. This is last month 23 after Lumen had moved out so the second floor is empty. I would say at peak, 14 are about 24 peak, but it is a 21-space parking lot. Fourteen is more than half. There are certain times of 25 day, it depends on the time of day that he showed up, it is going to look pretty empty. At 26 lunchtime it kind of empties out and early morning it is emptier, and later afternoon it is 27 emptier. During the peak time if you want to see the photo I have a photo. 28 29 Commissioner Tanaka: Ms. Ogawa since you are up there or maybe Staff can answer. Do 30 you have any idea how much of the street parking is due to Lucile Packard or nonresidential 31 parking on Cambridge or Yale? 32 33 Ms. Ogawa: Well, I would say that patients maybe half of the patients will park on the street. 34 I kind of don't mind that so much because it is there for an hour and it is convenient for them 35 to get to the front door. That is the interesting thing, for Lucile Packard there are 14 cars, but 36 I don't think they have a lot of patients at anyone time. They maybe have like one or two 37 patients at anyone time. So really those 14 cars are like staff filling up the parking space. 38 Then they will have one or two patients and they often park on the street. At the moment 39 there is very little parking, I mean the staff don't park on the street anymore because there is 40 permit parking so they can't park for more than two hours on Yale Street anyway. I don't 41 pay too much attention to Cambridge but Cambridge gets a lot of parking from all over 42 because a lot of it is not permit parking. So it gets parking from the business districts all 43 over. 44 45 Commissioner Tanaka: So on Yale, the residential street, is that street okay then in terms of 46 parking or are there parking issues? City of Palo Alto May 19,2010 Page 13 of21 1 2 Ms. Ogawa: We are worried about parking issues. What is concerning is there are ten 3 dentists here. If you have three or four patients an hour why do you need ten dental chairs? 4 So my concern is that there are going to be ten patients plus and maybe more because you 5 have ten dental chairs, you have patients in the waiting room, and in that case there are going 6 to be a lot of patients, lots of parking on the street, and that is going to be mostly patient 7 parking because it is a two hour limit. So that is our concern that there are going to be a lot 8 of patient parking because of this use. As I say, ten dental chairs and three or four patients, I 9 don't know. 10 11 Commissioner Tanaka: Okay, thank you. So if I can continue? I have some questions for 12 Staff. 13 14 Chair Garber: Excuse me, unless you are recognized you many not speak. Commissioner 15 Tanaka. 16 17 Mr. Davidovits: The issue about the parking I understand the concern but the code requires 18 the same amount of parking for office or medical use. So the fact that it is a dental office or 19 is a high-tech company like Facebook taking the space and packing the people in little cubes 20 of one by five, you could end up having more people using the building on a full-time basis 21 than a doctor seeing two or three patients an hour. That is all I wanted to say. 22 23 Commissioner Tanaka: Thank you, I appreciate that. Thank you Ms. Ogawa for your 24 comments as well. Thank you. I have a question for Staff. I want to understand the scope of 25 our authority on this. Is the scope of our authority just purely on this project site or can we 26 make restrictions on the street as well for parking? 27 28 Ms. French: Street parking is available for as it is marked. So if it is marked for two hour 29 parking then there is nothing about who can use that two-hour parking. 30 31 Chair Garber: It cannot be assigned. 32 33 Commissioner Tanaka: And we can't make any restrictions about parking must be in the 34 parking lot? Is that something that we can do? 35 36 Mr. Larkin: Under California law the streets belong to all the people of the State of 37 California. So we can't restrict people from parking in the streets other than restrictions that 38 apply across the board to anybody who might park there. 39 40 Commissioner Tanaka: How about signage? Can signage be put along let's say both 41 Cambridge and Yale alerting people of parking or this is where parking should be but not 42 necessarily enforcement? 43 44 Mr. Larkin: The City could put in parking sign. 45 46 Commissioner Tanaka: We could ask the applicant to pay for that. City of Palo Alto May 19,2010 Page 14 of21 1 2 Mr. Larkin: Or the applicant could put in parking signs probably easier done onsite. If there 3 was a request to put in like you see in the cities with the big P and the arrows that is 4 something that could be done. 5 6 Commissioner Tanaka: Okay, great. I guess my comment though is while I understand that 7 an office would have perhaps the same amount of parking the difference is that because of 8 the residential permit parking program, which restricts two hour parking, it is hard for an 9 office worker to run out there every two hours and move their car. So I guess I would think 10 having a little signage about the parking would be one possible solution. Those are all the 11 questions I have for now. Thank you. 12 13 Chair Garber: Myself and then Commissioners Lippert and then Keller. I don't have a lot to 14 say. I will align myself with the comments of Commissioner Martinez who I think was 15 eloquent and sums up my feelings. Commissioner Lippert. 16 1 7 Commissioner Lippert: Getting back to the Conditional Use Permit here. Because we have 18 an existing office use on the ground floor even if they were to vacate that underlying use is 19 permitted to remain there and another office can move in. The issue is with regard to another 20 medical use moving in and if I understand correctly, and correct me if I am wrong, the dental 21 office would not be able to occupy their space until the first floor tenant is vacant. Is that 22 what is going on? 23 24 Ms. Cutler: That is only if you as the Commission recommend and the City Council 25 approves that as a condition of this approval. 26 27 Commissioner Lippert: I am kind of lost as to why we would condition something that way. 28 What we are basically zoning for is vacant space then. 29 30 Chair Garber: So you wouldn't support that. 31 32 MOTION 33 34 Commissioner Lippert: I find that very perplexing. Don't we have enough vacancy in this 35 city right now? That is not a criticism there. I think I have enough information here. I am 36 going to make a motion. I am going to move with the Staff recommendations here and the 37 conditions said in there with one additional recommendation or condition in there, which is 38 that there be some visible signage for the parking lot so it is known that that is the parking for 39 this address. That signage I believe can be reviewed at Staff level. 40 41 Chair Garber: Do I hear a second? 42 43 SECOND 44 45 Commissioner Martinez: Second. 46 City of Palo Alto May 19,2010 Page 15 of21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Chair Garber: Commissioner Martinez seconds. Would the maker like to speak to their motion? Commissioner Lippert: Yes. I am very sympathetic to what the neighborhood is going through here and the reason for bringing this forward. I think these are very, very tough economic times and we really with the Conditional Use Permit and everything it went through the appropriate process. I agree that not every 'i' was dotted and every 't' was crossed in terms of the completion of the application, but I fill out these applications on a regular basis and there is a lot of information that just is not relevant to an existing building. In fact, I was looking through and there were utility loads in there, and electrical, and water I usage, and either it wasn't relevant or it was covered in another application. So even though it was left out it was covered somewhere else. So I look at this application as being very complete for the level of review that this had to go through. If this was a brand new building perhaps some of those blanks might have had to be filled in but an existing building where we are really trying to make things work during these tough economic times I think is more than adequate. As for the conditional use here I think it is very appropriate. It is not on the ground floor. In fact, the application triggers something very interesting that no one has even picked up on which is that it requires that it have accessibility. It is very expensive to retrofit existing buildings for accessibility particularly with an elevator. I know that from my own experience in doing renovation work. What is being done here is that the building is being re-improved which tells me that there is an investment in this building and that it is going to be retained, and we are not going to see an intensification of that use with regard to perhaps a new project or a bigger building. What we are in essence doing here by approving a Conditional Use Permit for the second floor is that we are saying we are preserving the building here. At the time that the building was built medical, dental, office use was something that was permitted. The other general comment I just wanted to make is regarding the bicycle parking. I think the bicycle parking is desirable but that is not within the purview of the Planning and Transportation Commission. That is something that should have been picked up I believe during the architectural review of the project when they were looking at the number of parking spaces and the configuration of the parking. That is something that we generally do not get involved in. As I said, it is desirable. This is a building that is located within two important things public transit, it is right off El Camino Real, and it is near a bus line, and it is also within walking distance of the train. It is within half a mile of the Caltrain station, which makes it I think in my opinion a building that people that are working there might very well take the train or take the bus and then walk the rest of the way. So as far as I can see perhaps parking reduction is appropriate here. Again, that is something that the Architectural Review Board gets involved in not necessarily this body. So I am just going to cut it off at this point. I think you have enough information there and perhaps my seconder has some more things to add. Chair Garber: Would the seconder like to speak to their second? City of Palo Alto May 19,2010 Page 16 of21 1 2 Commissioner Martinez: I completely agree with Commissioner Lippert and his comments 3 and couldn't support any conditions on the ground floor. I am glad we are moving away 4 from that. 5 6 Obviously parking is really not completely known. My experience, I recall now it has been a 7 few years, with taking children to children dentistry is that traffic really picks up after three 8 0' clock when the kids get out of school. Ms. Ogawa said that is when the downstairs traffic 9 lightens up. So there may be an opportunity here to work out a parking plan that is a win/win 10 for both tenants. 11 12 I think it is a great use. I think the transportation adjacency is an added bonus. I am going to 13 vote for approval. 14 15 Chair Garber: Discussion. Commissioner Keller and then Fineberg. 16 1 7 Commissioner Keller: First of all I did not hear Ms. Ogawa saying anything about the 18 parking lightening up for downstairs occupancy after three 0' clock. I heard her say that it 19 varies from time to time and it is as many as 14 cars. So I am not sure if I can ask Ms. 20 Ogawa to verity that statement. Ms. Ogawa, could you please come to the microphone and 21 indicate your statement whether it does lighten up downstairs after three or not? 22 23 Ms. Ogawa: Well, the downstairs stays pretty busy I would say between ten and close to 24 five. After close to five it lightens up. So it is difficult to say. There is a peak time kind of 25 close to the middle of the day and then it lightens up after 12:30 maybe when the staff goes 26 out to lunch. But as I say it has a lot to do with - I don't know what their exact schedule is. 27 28 Commissioner Keller: So after lunch does it become busy again? 29 30 Ms. Ogawa: Yes, it becomes busy after lunch and then in the . late afternoon it is difficult for 31 me to say because ..... . 32 33 Commissioner Keller: Okay. I think that's fine. 34 35 Chair Garber: I think let's move on. 36 37 Commissioner Keller: Okay, thank you. Do we know who currently owns the building? 38 Well, there is a lease from awhile ago but I am not sure who currently owns the building. 39 Could you speak on the microphone and identify yourself, please? 40 41 Dr. S. Lieu, Building Owner: I am the doctor there. I am the owner of the building. 42 43 Commissioner Keller: So you purchased the building? 44 45 Dr. S. Lieu, Building Owner: Yes. 46 City of Palo Alto May 19,2010 Page 170/21 1 Commissioner Keller: Okay. So you were the one who represented that the downstairs 2 people were possibly moving out, correct? 3 4 Dr. S. Lieu, Building Owner: Can you say again? 5 6 Commissioner Keller: Did you represent that Lucile Packard Children's Hospital occupancy 7 was going to end? 8 9 Dr. S. Liu, Building Owner: That was told by the sales agent. That was before I purchased 10 the building because I don't have any right to check with them, but the agent told me that. 11 12 Commissioner Keller: When you purchase the building did the property tax considerably 13 increase from your purchase of the building? 14 15 Dr. S. Liu, Building Owner: I don't know the property tax before. 16 17 SUBSTITUTE MOTION 18 19 Commissioner Keller: Well, I believe that the property tax when you purchase a building 20 would considerably increase when you purchase the building. I actually read the details as 21 much as I could read minus the addendum of the lease agreement for the downstairs as 22 provided by Ms. Ogawa. It indicated that there is a triple-net lease or at least a lease for 23 which the occupant of the downstairs pays the property tax, and therefore their rent is 24 automatically going to go up because they are paying an increased rent, unless the addendum 25 says otherwise which I don't have a copy of. So it is probably in the interest of the 26 downstairs occupant either to leave because their rent is going to shoot through the roof with 27 an increased amount of, or to renegotiate the rent. Therefore, since Mr. Liu is the owner he 28 does not take additional risk there because he can rent it out to somebody else. He has 29 control of that risk. 30 31 So I am going to make a substitute motion. Thank you sir. The substitute motion is that we 32 approve the Conditional Use Permit with the following four conditions. First that as stated in 33 the response to how many dentists will practice at the location that the occupancy be a sole 34 proprietor dentist, up to one consulting orthodontist, and up to four of the staff. Two that the 35 occupancy of the second floor conditional use be conditioned on the discontinuance of the 36 nonconforming use on the first floor unless there is a Conditional Use Permit granted there 37 too. So in other words, the first floor has to vacate prior to occupancy of the second floor 38 use. Three, that there be signage on Yale indicating parking is located on Cambridge, and 39 that there be parking on the Cambridge driveway indicating the offices to which that parking 40 is assigned. Fourth that there be at least three parking spaces provided onsite for the users of 41 this building. Thank you. 42 43 Chair Garber: That there are three assigned patient parking spaces, say. 44 45 Commissioner Keller: No three bicycle parking spaces. 46 City of Palo Alto May 19,2010 Page 18 of21 1 Chair Garber: I am sorry. 2 3 Commissioner Keller: Three bicycle parking spaces on this site for use of the occupants. 4 5 Chair Garber: Does the substitute motion have a second? I think the motion dies for lack of 6 a second. 7 8 Commissioner Keller: Okay. 9 10 Chair Garber: Well, we would return to the, underlying motion that is in place. 11 Commissioner Keller or Commissioner Fineberg if you like you could offer those as either 12 substitute motions or as amendments to the motion. 13 14 Commissioner Fineberg: Can I offer as a friendly amendment Commissioner Keller's one, 15 three, and four, which is substantively the removal of the condition of the reversion of the 16 first floor to CN, and it is really the addition of insertion of language relating to sole 17 practitioner, which Staff has said is in the report but I am not seeing, and then also the 18 addition of the requirement for the bikes. 19 20 Chair Garber: The first was that the occupancy of the second floor be restricted to a sole 21 practitioner, correct? The second is that the occupancy of the second floor being medical be 22 conditioned by the ground floor not being medical. 23 24 Commissioner Fineberg: Excuse me, that one I am not supporting. 25 26 Chair Garber: The third one was signage on Cambridge and Yale indicating the parking lot. 27 The fourth one that there be three parking places for bicycles. 28 29 Commissioner Lippert: I can't accept all of them. There are some of them that I can accept. 30 3 1 Commissioner Fineberg: Can you accept the first one, which would be the insertion of the 32 language of sole proprietor plus the consulting orthodontist and four other staff? 33 34 Commissioner Lippert: I have a problem with the first one because business entities change 35 all the time. What we are actually doing is tying this person's business to a Conditional Use 36 Permit and basically what it means is if the guy gets sick and he has to sell his practice who 37 knows who is going to buy it and if it turns out to be a partnership or somebody else he loses 38 his rights, and he has put all that investment into the building. I am a sole practitioner and 39 the thing that scares me is if something should happen to me well I have to unload my 40 practice somewhere. I think that this is difficult when especially he has investment in 41 equipment, a lease, and staff. 42 43 Mr. Larkin: Just as a suggestion because I think rather than dictate the form of business 44 entity I think what you could say is that any intensification of the use would require a new 45 Conditional Use Permit. That is what the code says anyway but if you make that explicit in 46 the conditions that should go someway towards alleviating the concern. City of Palo Alto May 19,2010 Page 19 of21 1 2 Commissioner Lippert: I don't have a problem with that because that is tied to the square 3 footage and the square footage is really tied to the intensity of the site. 4 5 Chair Garber: So you are accepting that as the first condition. The second one was signage 6 and the third one was the bikes. 7 8 Commissioner Lippert: No problem with those. 9 10 Chair Garber: The seconder? 11 12 Commissioner Martinez: Yes, that is fine. 13 14 Chair Garber: Anything else Commissioner Fineberg? 15 16 Commissioner Fineberg: No~ thank you. 17 18 Chair Garber: Commissioner Tanaka. 19 20 Commissioner Tanaka: Thank you. So I have a friendly amendment to the friendly 21 amendment and it is a small one so I hope this is okay. I think I have two small suggestions. 22 The first one is that the applicant and the City as they craft the signage work with the nearby 23 residents so that it makes sense. The residents since they live there probably will understand 24 what makes sense. 25 26 The second suggestion is that how people advertise to their customers how to get to a 27 business could also have a big impact on traffic as well. So perhaps encouraging people to 28 go down Cambridge to get there versus Yale I think would also make a difference. So if that 29 could also be part of the amendment, Commissioner Lippert, I would appreciate it. Thank 30 you. 31 32 Commissioner Lippert: I don't have a problem with that language. Thank you. 33 34 Chair Garber: The seconder? 35 36 Commissioner Martinez: I accept it as well. 37 38 Chair Garber: May I just ask, Commissioner Tanaka, how you were imagining the second of 39 your friendly amendment to work? If I am understanding you correctly you are trying to find 40 a way to indicate to patients that they approach the building in a particular way. How would 41 they know? 42 43 Commissioner Tanaka: Good questions. So for instance someone goes to the doctor's 44 website or the dentist's website and it says how to get here. It wouldn't tell them go down 45 California, turn on Yale, turn on Cambridge, go in. It would be like go down EI Camino, 46 turn left on Cambridge, enter or something like that. So it would be more of a suggested City of Palo Alto May 19,2010 Page 200f21 1 route. Also there is a lot of traffic calming stuff in that area so I think it would be to the 2 interest of the dentist to do that as well. 3 4 Chair Garber: So your language is to ask the applicant or to make the suggestion to the 5 applicant that this be the way to approach the building as opposed to a requirement. 6 7 Commissioner Tanaka: Let's make it a suggestion that is probably better. I think it is good 8 business sense anyway so it is probably going to happen. 9 10 Chair Garber: Are the maker and seconder okay with that? 11 12 Commissioner Lippert: Yes, as long as it is a suggestion. 13 14 MOTION PASSED (5-1-0-1, Commissioner Keller against and· Commissioner Tuma 15 absent) 16 . 17 Chair Garber: Okay, I am not seeing any more lights. Let's vote on the motion as it has been 18 stated with the five, actually four and one-half friendly amendments. All those in favor say 19 aye. (ayes) All those opposed? (nay) One nay. Motion passes with Commissioners 20 Tanaka, Martinez, Garber, Fineberg, and Lippert voting yea and one nay from Commissioner 21 Keller, and Commissioner Tuma absent. 22 City of Palo Alto May 19,2010 Page 21 of21 Joy Ogawa 2305 Yale Street, Apt. 1 Palo Alto, CA 94306- April 9, 2010 Curtis Williams, Director Attachment D Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto. CA 94301 fiECEjVED APR 0' 2010 t;rl- DC;Jart 08fit of Piannina & ('<..i;11r"~i.~f ::'1.y C.tN(~·Gjlm:'(:~ Hand Delivered RE: 2345 Yale Avenue (sic) -Request for Hearing re Director's Approval of CUP Dear Director Williams: Pursuant to SectionI8.77.060 c(4) of the Palo Alto Municipal Code ("PAMC"), I am requesting a hearing of the Planning and Transportation Commission on the proposed Director's decision for the project proposed at 2345 Yale Avenue [sic]. (Please note that the correct project address is 2345 Yale Street. not Yale Avenue). I received a notice of the proposed Director's Decision postmarked April 1, 2010. I understand that my request will be deemed timely if filed by April 15.2010, which corresponds to 14 days after the notice was mailed to me. For your reference. I am attaching a copy of the notice I received. I believe that a full public hearing is the best way to review my concerns about the project, in the context of the communications that have taken place between myself. my neighbors, and the Planning Department regarding this project, and to consider the elements contained or lacking in the Director's proposed decision. It is unfortunate that the project's neighbors were not given an opportunity for a hearing prior to the Director's reaching the proposed decision. Sincerely, '::-9;-~. 0 0 __ L Joy M. Ogawa encl: Notice of Proposed Director's Decision '. \ Attachment H Staff Response to Commissioner Keller's Questions regarding Item #2, 2345 Yale: 1. Please make sure that the last page of the attached PDF file is not made pUblic. It appears to be irrelevant and contains what appears to be personally identifying information of people uninvolved with this case. Staff Response: Cityemails are public records unless Attorney-client privileged correspondence. Since the description of first floor use, "General Business Office with Physical and Occupational Therapy," is on the first page, this is the relevant page for any discussion. Commissioner Fineberg's questions below expand on the current use of first floor space. 2. The addendum is missing from the contract. The pages of the PDF file labeled 12 and 13 are missing. Perhaps they are the addendum. Staff Response: The relevant part of this document is page one. 3. Please have staff explain the applicable parking regulations that apply to this project. Can staff comment on the appropriateness and legality of patient-only parking spaces, and about the appellants request regarding the number of these patient-only parking spaces. Can staff also comment on circulation and turnaround space for the proposed parking lot re-striping. Staff Response: Parking regulations require 1 parking space per 250 square feet of office space, and do not require designation of patient spaces. Staff would support either designation, or non-designation, which would allow flexibility for employees and clients of the office spaces on both floors. Transportation staff reviewed the plans for circulation and turnaround and included conditions of approval #8 and #9 to ensure appropriate width and length of spaces and drive area. Specifically, condition of approval #9 requires additional width for parking spaces #14 -16. 4. Please clarify the number of dentists that will practice at this location. Staff Response: There are two "consulting offices" shown on the plan set. Staffhas queried the dentist who is moving his office to determine the number of dentists. A total of one dentist will operate from this space. Other staff in the office include a conSUlting orthodontist who comes in three days a week, and four other staff, including receptionist, accountant, and dental assistants. 5. Please clarify what assurances have been made about the first floor tenant's departure and the timing of that departure. Can occupancy of the CUP be conditioned upon the first floor tenant's departure, but allow construction to occur in the interim? Staff Response: No assurances have been made to staff about the first floor tenant's departure. See below discussion regarding the existing medical use which was a permitted use at the time it was established in early 2006. 6. Please clarify the number of patient chairs. Staff Response: A total of 10 chairs are shown in plans. Two of the chairs are within offices, one labeled "quiet room". The remaining eight are in common patient areas. Staff Response to Commissioner Fineberg's questions posed in the pre-commission meeting: . 1. Use and Occupancy Permit: The building at 2345 Yale was constructed in 1969 as an office building. Records on file show Use and Occupancy Permits for offices through the 1980's; a tenant improvement permit for the first floor was issued at the end of2005 for Lucile Packard Children's Hospital and a Use and Occupancy Permit was issued in January 2006. Prior to November 2006, "Medical Office" use was a permitted use in the CN zone. 2. Conditions requested by neighbors: (a) Designate reserved parking spaces by number of chairs: The PTC and Council could do so; however, the zoning regulations specify parking spaces by floor area total. .(I (b) Require annual inspection of number of chairs: If the PTC and Council add a condition to designate parking spaces by number of chairs, this would become a code enforcement concern. (c) Lucile Packard should vacate the first floor prior to second floor occupancy for dental office use: This should not be a requirement, since medical use was allowed in 2006 when it was established. June 14, 2010 The Honorable City Council Palo Alto, California Finance Committee Recommendation to Accept the Auditor’s Office Quarterly Report as of March 31, 2010 At its meeting on April 20, 2010, the Finance Committee unanimously recommended to the City Council acceptance of the Auditor’s Office Quarterly Report as of March 31, 2010. During the discussion, the Finance Committee also directed the City Auditor to return with a recommendation for adding an Enterprise-funded position in the City Auditor’s Office. This position would provide continuous coverage of Enterprise fund activities with a primary focus on Utilities. The City Auditor provided a response to the Committee at our May 6, 2010 budget hearing (see Attachment 3). The Finance Committee unanimously recommended approval to add a Senior Auditor position funded by Enterprise Funds, to provide continuous and on-going audits of Utilities and Enterprise Fund activity. The Finance Committee’s recommendation will be included in the Fiscal Year 2011 Budget, scheduled for June 21, 2010. Respectfully submitted, Lynda Flores Brouchoud City Auditor Attachments:  Attachment 1 - Auditor’s Office Quarterly Report as of March 31, 2010  Attachment 2 – Excerpt of Finance Committee Minutes of April 20, 2010  Attachment 3 – Finance Committee Recommendation to Identify Funding for Continuous Auditing of Enterprise Funds (May 6, 2010) CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR ATTACHMENT 1 Auditor’s Office Quarterly Report Page 1 As of March 31, 2010 April 20, 2010 The Honorable City Council Attention: Finance Committee Palo Alto, California Auditor’s Office Quarterly Report as of March 31, 2010 RECOMMENDATION The City Auditor’s Office recommends the Finance Committee review and recommend to the City Council acceptance of the Auditor’s Office Quarterly Report as of March 31, 2010. SUMMARY OF RESULTS In accordance with the Municipal Code, the City Auditor prepares an annual work plan and issues quarterly reports to the City Council describing the status and progress towards completion of the work plan. This report provides the City Council with an update on the third quarter activities and summarizes our fiscal year 2010 Work Plan activities. Information on the status of each assigned project is attached (pages A-1 through A-5). Completed Reports During the third quarter of the fiscal year, the City Auditor’s Office issued the following reports to the City Council:  Palo Alto’s first Citizen-Centric Report, Issued January 2010  Geographic Subgroup Comparisons from the 2009 National Citizen Survey Results, Issued January 2010  Sales Tax Digest Summary for Third Quarter Sales (July - September 2009), Issued February 2010  Auditor’s Office Quarterly Report as of December 31, 2009 with attached Internal Controls Review of SAP Upgrades and Utilities Module Implementation, Issued February 2010 To date, the Auditor’s Office revenue recoveries and other audit savings have resulted in a total economic benefit of $452,681 plus an additional $2.5 million in avoided fleet replacement costs for Fiscal Year 2010. Community Outreach and other activities During the third quarter, the Auditor’s Office conducted community outreach about the Service Efforts and Accomplishments (SEA) Report, and the Citizen-Centric Report, and the activities and role of the Auditor’s Office. In January, the City Auditor led a presentation to the local chapter of CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR ATTACHMENT 1 Auditor’s Office Quarterly Report Page 2 As of March 31, 2010 the Association of Government Accountants on the value of SEA Reporting. In March, the City Auditor met with the Chamber of Commerce and the Palo Alto Neighborhoods (PAN). The Auditor’s Office also sent an audit staff member to represent Palo Alto on a peer review of the Orange County Transportation Authority. This allows staff the opportunity for professional development, and also helps satisfy part of Palo Alto’s reciprocal obligation for peer reviews. Government Auditing Standards established by the United States Government Accountability Office require audit organizations to have an external peer review at least once every three years. On behalf of the Auditor’s Office, I would like to express my appreciation to City staff for their cooperation and assistance during our reviews. Respectfully submitted, Lynda Flores Brouchoud City Auditor Attachment:  Status of Audit Projects as of March 31, 2010 City Auditor’s Quarterly Report A – 1 As of March 31, 2010 Status of Audit Projects as of March 31, 2010 Original Audit Project Description and Preliminary Objectives Status Accomplishments Year-To-Date Items to be Completed AUDIT ADMINISTRATION, FOLLOW-UP, AND OTHER RESPONSIBILITIES 1) Annual Audit Work Plan and Quarterly Status Reports – The Auditor’s Office submits quarterly reports to the City Council outlining project status and progress towards completing the assignments on this annual work plan. Completed Development of FY 2010 Work Plan completed. First, second, and third quarterly status reports completed. 2) Annual Audit Recommendation Status Report – The Municipal Code requires the City Auditor to issue an annual report on the implementation status of recommendations from recently completed audits. We also meet with the departments involved during the year to discuss progress towards implementing open audit recommendations. Completed Report issued October 2009. The report summarized the status of 83 audit recommendations from 14 different reports (63 carried over and 20 new recommendations). The report determined that 37 (45%) of the audit recommendations were completed or resolved, 37 (45%) were in-process, and 9 (11%) were not started. 3) Meeting Attendance – To facilitate internal communication and coordination of efforts, the City Auditor attends: a. City Manager’s weekly executive leadership team meetings budget meetings. b. Utility Risk Oversight and Coordinating Committee (UROCC) – Since issuance of our Assessment of Utility Risk Management Procedures in July 2002, the City Auditor has acted as an advisor to the UROCC. On-going On-going City Auditor’s Quarterly Report A – 2 As of March 31, 2010 Original Audit Project Description and Preliminary Objectives Status Accomplishments Year-To-Date Items to be Completed REVENUE AUDITS AND MONITORING 4) Sales and Use Tax Allocation Reviews – Sales and use tax represented about 14%, or $19.65 million, of projected General Fund revenue in the City’s Adopted Operating Budget for FY 2010. According to the Administrative Services Department, projected sales and use tax revenue has declined significantly and is now estimated at $17.2 million for FY 2010. The Auditor’s Office contracts with MuniServices for quarterly sales and use tax recovery and information services, and we also conduct sales and use tax monitoring in-house. The purpose of this monitoring is to identify misallocations of local sales and use tax of companies doing business in Palo Alto. In addition, MuniServices prepares the quarterly sales and use tax information reports that are provided to the City Council as informational items. The contract with MuniServices has been renewed until March 2011. On-going In the first quarter of FY 2010, the City received $31,121 in sales and use tax recoveries related to misallocation of tax from 4 companies. In the second quarter of FY 2010, the City received $62,118 in sales and use tax recoveries related to the misallocation of tax from 4 companies. In addition, potential misallocations from 43 companies (12 MuniServices and 31 City of Palo Alto) are pending resolution by the State Board of Equalization. Total Sales and Use Tax Recoveries: FY 2009-10 $93,239 (MuniServices- $5,961 and the City Auditor’s Office - $87,278) 5) Alternative Fuel Tax Credit Recoveries – As part of the Auditor’s Office continuous revenue monitoring efforts and preliminary findings from the audit of Fleet Utilization and Replacement, the Auditor’s Office initiated revenue recoveries from the Federal government’s alternative fuel tax program, which was in effect through December 31, 2009. Extensions have not yet been determined. On-going The Auditor’s Office worked with ASD, Utilities, and our revenue consultant to file claims for the alternative fuel tax credit. The City received $123,368 in recoveries during the second quarter. 6) Unclaimed Property Recoveries – The State of California acquires unclaimed property through State law which requires businesses to annually report and deliver property after there has been no customer contact for three years. On-going The Auditor’s Office worked with ASD to file five claims for unclaimed property with the State. The City received $1,074 in recoveries during the second quarter. City Auditor’s Quarterly Report A – 3 As of March 31, 2010 Original Audit Project Description and Preliminary Objectives Status Accomplishments Year-To-Date Items to be Completed FINANCIAL AUDITS AND PROCEDURAL REVIEWS 7) Annual External Financial Audit (contracted audit service) – The City Charter requires that the City Council engage an independent certified public accounting firm to conduct the annual external audit. FY 2009 Completed The FY 2009 audited financial statements were issued in December 2009. Maze & Associates began interim audit work in March to prepare for the audit of the June 30, 2010 financial statements. 8) Controls Review of SAP Upgrade and Utilities Module Implementation – The City’s SAP upgrade is occurring in two phases – Phase I on Employee Self-Service/Management Self-Service and Phase II on Utilities. Phase I was completed July 2008. The Auditor’s Office has reviewed general controls throughout the upgrades. Completed Internal Controls Review of SAP Upgrades and Utilities Module Implementation, Issued February 2010 9) SAP Account Sampling (NEW) – The City has implemented the SAP system and upgrades to serve as an enterprise management system for a variety of key financial information and transactions including payroll, utility billing and financial transactions. The purpose of these reviews will be to sample accounts within the SAP system to test for internal controls and efficiencies. Not started Target completion date: TBD 10) American Reinvestment and Recovery Act (ARRA) Monitoring (NEW) – President Obama signed the ARRA in February 2009, providing approximately $787 billion in federal stimulus grant funds, including $144 billion for state and local fiscal relief. The ARRA requires unprecedented accountability and transparency of the grant funds. The Auditor’s Office will identify best practices and internal controls to share with departments receiving ARRA funds. On-going During the first quarter, the Auditor’s Office developed a self-assessment checklist consistent with specific expectations and compliance requirements of the ARRA. During the second quarter, the City Manager’s Office distributed the checklist to each department program awarded ARRA funding. Three departments had been awarded stimulus funds totaling $1,931,477. The department responses did not note any significant internal control weaknesses. City Auditor’s Quarterly Report A – 4 As of March 31, 2010 Original Audit Project Description and Preliminary Objectives Status Accomplishments Year-To-Date Items to be Completed PERFORMANCE AUDITS AND SPECIAL PROJECTS 11) Annual Service Efforts and Accomplishments (SEA) Report Completed The 8th annual SEA Report was issued in December 2009. Palo Alto’s SEA report provides data about the costs, quality, quantity, and timeliness of City services. It includes a variety of comparisons to other cities, and the results of an annual citizen survey (the National Citizen Survey). In January 2010, the Auditor’s Office issued our first Citizen-Centric Report (CCR). The CCR is a concise four-page summary of Service Efforts and Accomplishments Report highlights, financial data, and an overview of Palo Alto's economic outlook. The CCR follows the Association of Government Accountants' recommended report format, designed to be visually appealing and to provide understandable information to the public about the financial condition and performance of our local government. 12) Audit of Fleet Utilization and Replacement – The purpose of this review is to evaluate the efficiency and effectiveness of fleet and equipment replacement and maintenance operations. In process Report scheduled for April 20, 2010 Finance Committee meeting. 13) Citywide Cash Handling - The purpose of this review is to study Citywide cash handling and travel reimbursement, oversight procedures, and the City Auditor’s history of audits on cash services. In process Field work in process. Target completion date: July 2010 14) Prospective Analysis of Bond Measure Proceeds – Through the 2008 voter-approved Measure N, the City is preparing to issue general obligation bonds to rebuild the Mitchell Park Library and adjacent community center, and renovate the Main and Downtown libraries. This audit will prospectively evaluate controls for the use of the general obligation bond funds to ensure the funds are used efficiently and in compliance with federal regulations for the use of tax-exempt bond funds. In process Preliminary survey in process. Target completion date: TBD City Auditor’s Quarterly Report A – 5 As of March 31, 2010 Original Audit Project Description and Preliminary Objectives Status Accomplishments Year-To-Date Items to be Completed 15) Audit of Purchasing Card Transactions – The purpose of this audit is to determine the adequacy of controls over purchasing card transactions, and to assess compliance with existing guidelines and procedures. Not started Target completion date: TBD 16) Utilities Department – Several of the highest risk areas identified in the Citywide Risk Assessment pertain to the Utilities Department. This audit will conduct a preliminary survey of the Utilities Department and develop an audit scope to identify opportunities for improvements in efficiency and effectiveness. Not started In preparation for the audit, the Auditor’s Office issued a Request for Proposal to select a consultant to provide utilities expertise during the audit. The contract is now in place and ready to begin once audit staff is available. Target completion date: TBD 17) Wastewater Treatment Fund – The Regional Water Quality Control Plant provides services to Mountain View, Los Altos, Los Altos Hills, Stanford, and East Palo Alto. With proposed revenues of $22 million, proposed expenditures of $20 million, this is one of the areas consistently targeted by our annual citywide risk assessment model. The purpose of our audit would be to review the cost-sharing agreements and allocation of charges to partner agencies. Not started Target completion date: TBD 18) Planning and Community Development Permit Process (NEW) – According to the 2007-08 SEA Report, Planning and Community Development revenue increased 68%, the number of inspections increased 71%, and the number of building permits issued decreased 6%. The Department has also implemented the new Green building program and certifications. This audit will focus on the efficiency and effectiveness of the permit process. Not started Target completion date: TBD Attachment 2 1 FINANCE COMMITTEE Regular Meeting Tuesday, April 20, 2010 5. Auditor’s Office Quarterly Report as of March 31, 2010. City Auditor, Lynda Brouchoud said the report included the first Citizen-Centric Report, and the Internal Control Review of SAP upgrades and Utilities Module Implementation. During the first half of the year the City Auditor’s Office revenue recoveries and other audit savings had resulting in an economic benefit of $452,681 plus an additional $2.5 million in avoided fleet replacement costs for FY 2010. Council Member Scharff said he noticed there were a number of items not started and his concern was that the Auditor’s Office did not have the Staff to do them. He asked where the Auditor’s Office was on its staffing and ability to get the heavy workload done.. Ms. Brouchoud said they did not have the Staff to complete all of the items. The next significant audit was the Utilities Department audit; they had a consultant in place but were waiting to have Staff available to start the audit. Council Member Scharff asked if it was possible to have a new dedicated Auditor funded through the Enterprise Funds which would audit the Utilities Department and other Enterprise Fund departments. He asked if that was common practice in other cities. Ms. Brouchoud said that was possible and something to explore through the budget process. Right now, their costs are shown through the General Fund and then allocated every year to cover the Enterprise Fund audit costs. Council Member Scharff asked if there were reasons to not go through the Enterprise Fund directly. Attachment 2 2 Administrative Services Director, Lalo Perez said there was no reason. They would have to implement a process that would involve some estimating on the City Auditor’s part regarding the length of the project. Council Member Scharff said if they were to hire a person for the City Auditor’s Office, their salary and benefits would be fixed and there would always be a person to audit the enterprise funds which are huge. It wouldn’t be a question of how much money is in the budget, it would be a number we would know for each on-going budget that would come out of the enterprise fund... Mr. Perez said in that case it would be very possible. Council Member Scharff asked if they could ask Staff to look into it. Mr. Perez said that when an employee was dedicated to the Enterprise Funds they have to allocate the workload to the individual fund. Council Member Klein said they would have to clarify potential issues due to the City Charter. The City Auditor was appointed by Council, but the Utilities Staff fell under the purview of the City Manager. To place a full-time Staff Member, funded by Utilities, in a position not reporting to the City Manager might require an amendment to the City Charter. But if you are just talking about an auditor then that can be funded in the same way the City Attorney has someone for Utilities. Council Member Scharff said he was not necessarily trying to change the Charter, but trying to explore how to fund an auditor position to audit Utilities and other enterprise funds. Council Member Klein said that was his point. The allocations of that person’s salary in the City Attorney’s Office is paid for by Utilities. Council Member Scharff he was attempting to explore that type of funding for the Auditor’s Office as well. Council Member Klein suggested the Auditor’s Office follow up with the City Attorney and Mr. Perez. Mr. Perez said Staff would speak to the City Attorney. Council Member Schmid thanked the City Auditor for the fleet report and knows it will have a big impact on the City. He continues to find the SEA Report Attachment 2 3 showing up around town effectively and knows the cash handling report will be due out in a few months and is looking forward to it. MOTION: Council Member Scharff moved, seconded by Chair Schmid, that the Finance Committee recommends that the City Council accept the Auditors Office Quarterly Report as of March 31, 2010, and that the City Auditor come back to Finance Committee with an exploration of how to hire another Auditor in the City Auditor’s Office to focus primarily on the Utility Funds, and how to arrange getting that funded. Council Member Scharff said it was important to start the Enterprise Funds Audit. MOTION PASSED 4-0. Page 1 of 2 May 6, 2010 Honorable City Council Attention: Finance Committee Palo Alto, California Finance Committee Recommendation to Identify Funding for Continuous Auditing of Enterprise Funds RECOMMENDATION The City Auditor’s Office requests the Finance Committee move forward with approval to add a Senior Auditor position, funded by Enterprise Funds, to provide continuous and on-going audits of Utilities and Enterprise Fund activity. BACKGROUND On April 20, 2010, in a 4-0 vote, the Finance Committee directed the City Auditor to return with a recommendation for adding a position in the City Auditor’s Office to provide continuous audits of Enterprise Funds, with a primary focus on Utilities. We are providing this memo in conjunction with the Auditor’s Office FY 2011 scheduled budget hearing on May 6, 2010. To date, the Auditor’s Office has had limited performance audit coverage of Utility Enterprise Funds; the last Utilities-specific review consisted of a 2002 risk assessment. While Utility- funded programs are included in the Auditor’s Office coordination of the City’s financial audits and other Citywide reviews, the Office’s ability to focus performance audit resources on Utility and other related Enterprise Funds has been constrained by limited staffing resources. Nearly 70 percent of the City’s operating budget consists of Enterprise Fund operations in the Utilities Department and Public Works Department. According to the FY 2009 Service Efforts and Accomplishments Report, Enterprise Fund operating expenses increased 41% during the prior five years. The City Charter and Municipal Code require the City Auditor to conduct audits of all departments and transactions, which includes programs in both the General and Enterprise Funds. In light of the above trends and audit coverage requirements, the City Auditor concurs and supports the Finance Committee’s request to have dedicated and continuous performance auditing of the Enterprise Fund activity. FUNDING Funding for the position will not impact the General Fund and will be provided through the City’s Enterprise Funds beginning in FY 2011. The salary control point for a Senior Auditor position is $97,469. ASD Budget staff estimates additional budgeted funds of $52,146 for benefits, and $6,500 in other charges to be funded through the Enterprise Funds. CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR ATTACHMENT 3 Page 2 of 2 The Finance Committee’s discussion suggested the Auditor’s Office review practices for funding Enterprise activities in the City Attorney’s Office and the Administrative Services Department (ASD). Enterprise Utility funds directly pay for a Senior Deputy City Attorney within the City Attorney’s Office. ASD also has positions, including Accounting and Budget positions, funded through Utility Enterprise Funds. Both of these departments also allocate additional support activities to the Enterprise Funds. This proposed recommendation would create a similar funding structure within the Auditor’s Office whereby an auditor would be continuously dedicated to Enterprise Fund audits and costs of additional coverage would continue to be allocated. We coordinated the information in this memo with the City Attorney’s Office, City Manager’s Office and ASD. Respectfully submitted, Lynda Flores Brouchoud City Auditor June 14, 2010 The Honorable City Council Palo Alto, California Finance Committee Recommendation to Accept the Auditor’s Office Audit of Fleet Utilization and Replacement At its meeting on April 20, 2010, the Finance Committee unanimously recommended to the City Council acceptance of the Auditor’s Office Audit of Fleet Utilization and Replacement as of April 20, 2010. Excerpt of minutes are attached. Respectfully submitted, Lynda Flores Brouchoud City Auditor Attachments:  Attachment 1 - Auditor’s Office Audit of Fleet Utilization and Replacement  Attachment 2 – Excerpt of Finance Committee Minutes of April 20, 2010 CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR AAAUUUDDDIIITTT OOOFFF FFFLLLEEEEEETTT UUUTTTIIILLLIIIZZZAAATTTIIIOOONNN AAANNNDDD RRREEEPPPLLLAAACCCEEEMMMEEENNNTTT OFFICE OF THE CITY AUDITOR APRIL 2010 Attachment 1 -1- City of Palo Alto Office of the City Auditor April 14, 2010 Honorable City Council Attn: Finance Committee Palo Alto, California AUDIT OF FLEET UTILIZATION AND REPLACEMENT In accordance with the FY 2010 Annual Audit Work Plan, the City Auditor’s Office has completed an audit of the City’s fleet utilization and replacement as administered through the Equipment Management section of the Public Works Department (referred to as PWD fleet management). In Fiscal Year 2009, the City’s vehicle and equipment fleet had 630 units, including 461 rolling stock and 169 non-rolling stock units. PWD fleet management estimates the fleet inventory value at over $32 million before depreciation, and approximately $10.5 million after depreciation The audit contains three main findings: Finding 1: The City recently avoided spending about $2.5 million in Fiscal Year 2010 through a temporary freeze on non-urgent fleet replacements (of which $948,000 would have been for underutilized units), but longer term efficiencies can be realized through reducing the City’s vehicle and equipment fleet. Our analysis found that over 35% of transport vehicles and 25% of City trucks and equipment did not satisfy minimum utilization criteria. The audit recommends that PWD fleet management develop an action plan for increasing utilization and identify an optimal fleet size and composition. The audit also recommends alternatives to permanently assigning vehicles such as implementation of a centralized Citywide vehicle and equipment pool, rotating vehicles, exploring opportunities to rent specialized equipment or seasonal use equipment, and increasing use of mileage reimbursement. Finding 2: Funding stability and improved processes are needed to adequately fund fleet replacement and maintenance. The City’s budget process allocates most vehicle and equipment expenses (including replacement, operation, and maintenance costs) across user departments. Our analysis found that the charges to user departments did not cover the full cost for operating the fleet. The fleet addition approval process did not consistently identify or budget for the amount of on-going maintenance and replacement costs. These factors contributed to declines in the Vehicle Replacement Fund reserve balances during FY 2007 and FY 2008. Finding 3: Internal controls over fuel and parts inventory can be improved. The City spends over $900,000 on fuel and nearly $800,000 on auto parts each year. Our analysis found discrepancies between the consumption reports and inventories for CNG, unleaded, and diesel fuels. We also found that a physical parts inventory had not been conducted for at least six years. PWD fleet management is in the process of replacing the fuel management system and anticipates the new system will provide improved controls to reconcile fuel purchases and inventories, and limit fuel access. PWD fleet management is also in the process of constructing a secure parts stockroom and surveying the inventory. Attachment 1 -2- Our report includes a total of 22 recommendations to achieve greater efficiencies in the use of City fleet resources and to improve fleet policies and procedures. We thank the staff in the Public Works Department, Public Works fleet management, City Manager’s Office, City Attorney’s Office, the Administrative Services Department, Community Services Department, Fire Department, Human Resources Department, Library Department, Planning and Community Environment Department, Police Department and Utilities Department for their assistance and cooperation during our review. I will present this report to the Finance Committee on April 20, 2010. Respectfully submitted, Lynda Flores Brouchoud City Auditor Audit Staff: Edwin Young, Senior Auditor Attachment 1 -3- TABLE OF CONTENTS Cover Letter 1 Introduction 5  Background 5  Vehicle Replacement Fund 6  Public Works Department Fleet Management 7  City Replacement and Utilization Policies 7  Audit Scope and Methodology 8 Finding 1: The City recently avoided spending about $2.5 million in Fiscal Year 2010 through a temporary freeze on non-urgent fleet replacements (of which $948,000 would have been for underutilized units), but longer term efficiencies can be realized through right sizing the City’s vehicle and equipment fleet 9  Over 35% of the transport vehicles did not meet minimum utilization criteria 9  25% of City trucks and equipment did not meet minimum utilization criteria 12  PWD fleet management actions based on preliminary findings 14  Although PWD fleet management began to install a vehicle reservation system in Fiscal Year 2007 to create a Citywide motor pool, employees are not yet able to use the system, thereby limiting the usefulness and accessibility of a centralized pool 15  The City’s Policies and Procedures should be revised to: identify cost-effective utilization criteria, establish a rigorous and routine process to justify utilization exemptions, clarify replacement criteria, and provide clearer policies for take- home vehicle use 16  Replaced vehicles were allowed to remain and augment the City’s fleet 22  Vehicle rotation can reduce replacement costs of public safety vehicles by balancing higher and lower usage 23  PWD fleet management does not have established criteria to assess the efficiency and necessity of non-rolling stock equipment purchases such as generators and trailers 23  Outdated and incomplete data makes it difficult to effectively manage the fleet 24 Finding 2: Funding stability and improved processes are needed to adequately fund fleet replacement and maintenance 27  Charges to user departments did not sufficiently cover the City’s full fleet costs 27  The current budget process could be improved to provide incentives to reduce fleet costs 30  The fleet addition approval process did not consistently identify or budget for the amount of on-going maintenance and replacement costs 30  Developing a strategy for future replacement decisions could also help promote the City’s Climate Protection Plan goal of replacing gasoline vehicles with Compressed Natural Gas (CNG), hybrid, or fuel efficient alternatives to the greatest extent feasible 31 Finding 3: Internal controls over fuel and parts inventory can be improved 33  Fuel invoices did not match the CNG consumption reports and the unleaded and diesel fuel balances showed discrepancies 33 Attachment 1 -4-  Our sampling found weaknesses in the internal controls for fuel pump transactions 36  Vehicles and equipment were not consistently secured or locked 37  A physical parts inventory had not been conducted for at least six years and the valuation of the inventory was not verifiable 38 Conclusion 39 Recommendations 39 Attachment 1: Fleet Replacement Criteria, Policy and Procedures 4-01/PWD 43 City Manager Response 47 List of Exhibits Exhibit 1: City Fleet Distribution by Type 6 Exhibit 2: Vehicle Replacement Fund Revenue and Expenditures 7 Exhibit 3: Transport Vehicles Driven Less than 2,500 Miles in FY 2008 and FY 2009 11 Exhibit 4: Examples of Underutilized Equipment Types FY 2008 13 Exhibit 5: Summary of Vehicle Fund Revenues Expenditures FY 2005 to FY 2010 28 Exhibit 6: Unleaded and Diesel Fuel Balances 35 Exhibit 7: Picture of Keys Left in Unlocked Vehicle During Physical Inspection 37 Attachment 1 -5- Introduction In accordance with the FY 2010 Annual Audit Work Plan, the City Auditor’s Office has completed an audit of the City’s fleet utilization and replacement as administered through the Equipment Management section of the Public Works Department (hereafter referred to as PWD fleet management). We conducted the audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. The City Auditor’s Office would like to thank the staff of the Public Works Department, Public Works fleet management, City Manager’s Office, City Attorney’s Office, the Administrative Services Department, Community Services Department, Fire Department, Human Resources Department Library Department, Planning and Community Environment Department, Police Department and Utilities Department for their time, information, insight, and cooperation during the audit process. Background In FY 2009, the City’s vehicle and equipment fleet had 630 identified units, including 461 rolling stock and 169 non-rolling stock units. Rolling stock inventory includes transport vehicles such as sedans, light pick-up trucks, and passenger vans; special purpose vehicles; heavy equipment such as loaders and backhoes; and emergency- response/public safety vehicles. Non-rolling stock inventory includes trailers, compressors, generators, and other miscellaneous items. PWD fleet management estimates the inventory of vehicles and equipment is valued at over $32 million before depreciation and approximately $10.5 million after depreciation. The breakdown by type is shown below. Attachment 1 -6- Exhibit 1: City Fleet Distribution by Type Category Description Total Rolling Stock Police Public Safety Police Patrol 43 Police Motorcycle 9 Fire Public Safety Ambulance 4 Fire Engine 14 Transport Automobiles (sedan) 58 Compact Truck/van (light pick-up or van) 68 Special Purpose Trucks Light duty trucks 116 Heavy Truck 70 Equipment Metered Equipment 70 Miscellaneous Miscellaneous 9 Total Rolling Stock 461 Non-Rolling Stock Trailers 102 Generators, Compressors, and Other Metered Equipment 40 Miscellaneous 27 Total Non-Rolling Stock 169 Total Rolling and Non-Rolling Stock 630 Source: City Auditor Analysis of Fleet Focus Database Vehicle Replacement Fund The City’s vehicle and equipment program is typically funded through the Vehicle Replacement Fund (Vehicle Fund), with additional funding allocated through the City’s Capital Improvement Program (CIP) for specific purchases. The Vehicle Fund’s core activities include vehicle and equipment replacement, preventive maintenance, repairs, fueling, and service to the City departments. This internal service fund recovers its costs through user charges paid by each department. The user charges are included in the department budgets under the “allocated charges” expenditure category. In FY 2009, the Vehicle Fund’s budgeted revenues were $9.9 million and budgeted expenditures were $8.1 million. FY 2010 revenues are projected at $7.5 million and total expenditures are projected to be $5.5 million. The Vehicle Fund’s revenues primarily come from charges allocated to those City departments with assigned vehicles and equipment. As shown in Exhibit 2 below, the Vehicle Fund’s expenditures exceeded revenues from FY 2006 through FY 2008, requiring transfers from the Fund reserves. Finding 2 of this audit report provides further discussion and analysis. Attachment 1 -7- Exhibit 2: Vehicle Replacement Fund Revenue and Expenditures $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 FY 2005 Actual FY 2006 Actual FY 2007 Actual FY 2008 Actual FY 2009 Adjusted Budget FY 2010 Budget Revenues Expenditures Source: City Operating and Capital Budgets, Fiscal Years 2005- 2011 Public Works Department Fleet Management The Public Works Department’s fleet management section administers the City fleet program. Fleet management maintains a database of the vehicle and equipment inventory called Fleet Focus. The fleet management staff consists of 16.2 budgeted full-time equivalents (FTEs). According to the City’s budget documents, the fleet management “provides timely replacement of vehicles and equipment in accordance with prescribed schedules to ensure the safe, reliable, and efficient operation of vehicles and equipment through systematic preventive maintenance and cost effective repairs. It also provides safe, efficient fuel storage and dispensing facilities while pursuing alternative fuel technologies and minimizing the pollution and carbon footprint generated from the City’s vehicle fleet.”  City Replacement and Utilization Policies City Policy and Procedures 4-01/PWD (Vehicle and Equipment Use, Maintenance, and Replacement, April 2005) establishes regulations for the use, maintenance and replacement of vehicles and equipment in the City’s fleet. Minimum utilization for City vehicles and equipment is 2,500 miles or 50 hours per year for metered equipment. If the minimums are not met, waivers are required. Replacement varies by the type of vehicle and equipment. A copy of the fleet replacement criteria contained in City Policy and Procedures 4-01/PWD, can be found in Attachment 1. Attachment 1 -8- Audit Scope and Methodology To evaluate the economy, efficiency, and effectiveness of the City’s vehicle and equipment replacement and utilization, we reviewed the following:  Analyzed the City’s fleet utilization and replacement policies and practices;  Evaluated the fleet database information for completeness and accuracy;  Reviewed the adequacy of internal controls over the City’s fuel purchases and use; and  Reviewed fleet management’s strategy for promoting the goals of the City’s Climate Protection Plan. We limited our audit scope to the areas noted above for the City’s non-emergency vehicle and equipment fleet, with a focus on Fiscal Years 2007 through 2009. We did not conduct extensive utilization reviews of the emergency vehicle fleet, but did review the emergency fleet for opportunities to reduce costs through rotation. To achieve our audit objectives, we reviewed the City Municipal Code and City policies and procedures. We analyzed the fleet management database (called Fleet Focus), compiled data from the City’s financial system and budget documents. We quantified the miles driven per vehicle and equipment usage by hours. We also tested fuel and inventory controls and conducted a physical inventory for a sample of vehicles and equipment. Audit staff visited fleet management staff and facilities in the nearby cities of Sunnyvale, Redwood City, and Mountain View. We also reviewed additions and disposals from the City fleet, examined vehicle logs, and analyzed cost allocation amounts used to charge individual departments for vehicle and equipment costs. We tested the accuracy of the fleet management database and tables used by the fleet management staff and concluded they were not completely accurate, but could be used as part of our analysis. We also reviewed fuel purchases and invoices, and internal controls over parts inventory. We met with City staff in the Public Works Department, Public Works fleet management, the Administrative Services Department, City Attorney, City Manager, Community Services Department, Fire Department, Human Resources, Library, Planning and Community Environment Department, Police Department and Utilities Department. We also reviewed the 1993 Palo Alto City Auditor report on underutilized vehicles.1 We reviewed California State laws and regulations related to emissions requirements for vehicle and equipment replacement, operations and maintenance programs, and alternative fuel programs. We read previous reports related to vehicle and equipment use issued by the California State Auditor, the City of San Jose, and other audit entities.     1 In 1993, the Palo Alto City Auditor issued an “Audit of City Vehicle Use” and reported that 35% of the cars and trucks did not meet minimum use requirements. Attachment 1 -9- Finding 1: The City recently avoided spending about $2.5 million in Fiscal Year 2010 through a temporary freeze on non-urgent fleet replacements (of which $948,000 would have been for underutilized units), but longer term efficiencies can be realized through right sizing the City’s vehicle and equipment fleet The City has faced persistent budget challenges and projects a budget shortfall for FY 2011. It is imperative that the City’s fleet funds are utilized efficiently and effectively and additional savings obtained wherever possible. The City of Palo Alto’s fleet consists of an estimated 630 units (461 rolling stock units and 169 pieces of non-rolling stock equipment). City policy sets minimum use requirements for the City fleet at 2,500 miles or 50 hours per year for metered equipment.2 6 Our analysis found that over 35% of the transport vehicles and over 25% of the equipment in the City fleet did not satisfy the annual minimums. Based on available information, the City’s annual cost for the underutilized transport vehicles is $396,000; cost data was not available for the equipment. We shared our preliminary audit findings with PWD fleet management and its staff proactively implemented our proposed audit recommendation to temporarily freeze non-urgent vehicle and equipment replacements until the fleet size is reduced and utilization increased. As a result, in 2009 the City froze the budget for vehicle and equipment replacements for FY 2010. This action saved approximately $2.5 million in planned replacements, including $948,000 for underutilized vehicles. Our analysis indicates more can be done to reduce the size and cost of operating the City’s fleet of vehicles and equipment. These options include (1) offering alternatives such as pooling of vehicles and equipment, and increased use of mileage reimbursement, (2) completing a reservation system that allows employees to reserve items from a Citywide pool; and (3) revising City policies and procedures to include cost-effective utilization criteria that can be used to evaluate exemption, replacement and take home use requests. The revisions should also include criteria for assessing purchase requests for non-rolling stock items such as generators and trailers. Reducing the fleet size, increasing usage of underutilized units, re-assigning underutilized vehicles, rotating vehicles, placing underutilized vehicles in a central motor pool, and increasing use of mileage reimbursement can result in better efficiencies. Over 35% of the transport vehicles did not meet minimum utilization criteria Public Works Department Policy and Procedures 4-01 (Revised April 2005), titled “Vehicle and Equipment Use, Maintenance, and Replacement,” details specific criteria for annual use of the City fleet units. The policy requires vehicles and equipment to be used a minimum number of miles, work days, or hours each fiscal year to justify their continued use. Vehicles or equipment must be operated a minimum of 2,500 miles or 50 hours or 75 per cent of annual workdays (220 base work days) in a fiscal year. The policy also requires departments to request and justify exemptions for low use vehicles and seek City Manager approval for the exemptions. The City’s Fleet Focus database   2 City Policy also requires usage of vehicles for 75% of work days; however, the City does not track this requirement.  Attachment 1 -10- tracks the mileage usage for those items with odometers and hourly usage for those items with meters. In 1995, the City lowered the vehicle minimum utilization requirements from 5,000 miles per year to 2,500 miles per year.3 Our analysis of the City's transport vehicles indicated many vehicles did not meet the reduced mileage minimum. We reviewed available utilization data for 120 transport vehicles4 in the City's fleet during FY 2008 and FY 2009. The results showed over 38% (46 vehicles) were driven less than the minimum in FY 2009. In FY 2008, 36% (43 vehicles) were driven less than the minimum. The table below shows a breakdown of the underutilization by department, program, and location.   3 The City’s policies and procedures 4-01/PWD, dated December 1993, defined low use vehicles as those operated less than 5,000 miles per year. Vehicles with 2,500 miles or less were to be eliminated from the fleet or re-assigned. Vehicles operated less than 5,000 miles, but more than 2,500 miles needed to be re-justified annually and exceptions had to be approved by the City Manager. In 1995, the City issued revised minimum utilization requirements that removed the threshold and stated “vehicles or equipment must be operated either a minimum of 2,500 miles or 50 hours or 75 percent of annual work days (220 base work days) in a fiscal year.” These minimum use requirements are still in effect under the current policies and procedures 4-01/PWD, dated April 2005.   4 120 transport vehicles consisted of Class 1 and Class 4 - sedans, vans, and light pick-ups.  Attachment 1 -11- Exhibit 3: Transport Vehicles Driven Less than 2,500 Miles in FY 2008 and FY 2009 Source: City Auditor Analysis of Public Works Fleet Focus Database Abbreviations: ASD Administrative Services Department PLN Planning and Community Environment CSD Community Services Department POL Police Department FIR Fire Department PWD Public Works Department HRD Human Resources Department UTL Utilities Department MSC Municipal Services Center Department Total Assigned FY 2008 FY 2009 Dept Section Location Section Dept Avg Miles Driven Driven <2,500 miles % Driven <2,500 miles Avg Miles Driven Driven <2,500 miles % Driven <2,500 miles ASD IT City Hall 2 2 2,048 2 100% 3,053 1 50% CSD Arts & Culture Lucie Stern 2 771 2 100% 3,316 1 50% CSD Recreation Lucie Stern 2 4,059 0 0% 2,741 1 50% CSD Parks & Golf Golf Course 2 6 3,106 0 0% 3,385 0 0% FIR Fire Operations City Hall 6 4,338 3 50% 3,600 4 67% FIR Fire Support City Hall 4 10 2,827 2 50% 3,161 2 50% HRD Risk Mgt City Hall 1 1 1,068 1 100% 1,065 1 100% PLA Inspection Svc City Hall 14 14 3,734 6 43% 3,645 5 36% POL Police City Hall 1 2,262 1 100% 2,420 1 100% POL Animal Svc MSC 1 2 2,784 0 0% 19,086 0 0% PWD Admin City Hall 1 10,004 0 0% 10,004 0 0% PWD Engineering City Hall 5 2,899 2 40% 4,237 1 20% PWD Facilities Mgt MSC 6 4,978 1 17% 4,111 1 17% PWD Equip Mgt MSC 8 1,259 5 63% 3,342 4 50% PWD Operations MSC 9 4,823 0 0% 3,803 2 22% PWD Wastewater Landfill 6 2,859 3 50% 2,275 3 50% PWD Refuse Landfill 2 37 1,498 2 100% 1,753 2 100% UTL Admin City Hall 11 5,898 0 0% 5,796 1 9% UTL Electric Ops MSC 14 4,224 2 14% 4,305 2 14% UTL Electric Eng Elwell Ct. 3 2,115 3 100% 2,172 2 67% UTL Water, Gas, Wastewater Eng Elwell Ct. 8 2,165 4 50% 2,496 5 63% UTL Water, Gas, Wastewater Ops MSC 9 3,968 2 22% 4,007 5 56% UTL Resource Mgt City Hall 3 48 4,625 2 67% 4,235 2 67% Total 120 3,677 43 36% 3,880 46 38% Attachment 1 -12- As shown in Exhibit 3, several transport vehicles did not satisfy the minimum annual use requirements. For example:  Of the 48 vehicles located at City Hall, 18 (38%) were driven less than 2,500 miles in FY 2009 and 19 (40%) were driven less than 2,500 miles in FY 2008.  Of the 14 vehicles assigned to the Inspection Services section in the Planning and Community Environment Department, 5 (36%) were driven less than 2,500 miles in FY 2009 and 6 (43%) were underutilized in FY 2008.  The vehicle assigned to the Human Resources Department was driven less than 1,070 miles in both fiscal years.  3 of the 6 vehicles assigned to PWD's Wastewater division did not satisfy the 2,500 mile annual minimum.  2 of the 3 vehicles assigned to the Utilities Department's Electric Engineering section were driven less than the minimum requirement in FY 2009 and all 3 were driven less than the minimum in FY 2008.  5 of the 8 vehicles in the Utilities Department's Water, Gas, and Wastewater Engineering section were driven less than the minimum requirement in FY 2009 and 4 were driven less than the minimum in FY 2008. Our analysis of the 120 transport vehicles also indicated 75% (90 units) were driven less than 5,000 miles, the prior minimum utilization criteria. Although the practice has typically been to assign vehicles to individual users or workgroups, the City also offers mileage reimbursement to employees using their personal vehicle for business purposes. Using mileage reimbursement for lower mileage uses can save fleet costs. For example:  The PWD Engineering Inspection/Surveying section located at the Municipal Services Center has 3 vehicles for 4 employees. The Inspection/Surveying section also hires hourly employees. The hourly employees use their private vehicles to perform their work and submit mileage reimbursement claims. For the first six months of FY 2010, mileage reimbursements for the four hourly employees totaled $1,408 for about 2,560 miles. Compared to the City’s annual operating and maintenance cost of $7,240 for a sedan, the mileage reimbursement saves about $26,000 per year. 25% of City trucks and equipment did not meet minimum utilization criteria The City's utilization standards of 50 hours or 2,500 miles per year apply to equipment and specialized trucks such as dump trucks, forklifts, tractors, aerifiers, and mowers. Equipment with odometers use the 2,500 mileage criteria and equipment with meters use the hourly criteria. The fleet management database was missing utilization data for some of the equipment units. Based on the available information, we estimate that 25% of the City's trucks and equipment did not meet the minimum utilization criteria. The table below lists examples of the underutilized equipment and trucks by type. Attachment 1 -13- Exhibit 4: Examples of Underutilized Equipment Types for FY 2008 Description Quantity Assigned Quantity Used Less than Minimum Aerial Trucks 12 5 Air Compressors 8 5 Generator Trailers 30 24 Parking Scooters 5 2 Utility Tractors 22 2 Water Tankers 2 2 Dump Trucks 36 7 Heavy Trucks 25 10 Source: City Auditor Analysis of Public Works Fleet Focus Database As shown in the table above, several types of equipment did not satisfy the minimum annual use requirements. For example:  5 of 12 aerial trucks were driven less than 2,500 miles.  5 of 8 compressors were used less than 50 hours.  7 of the 36 dump trucks were driven less than 2,500 miles.  10 of 25 heavy trucks were driven less than 2,500 miles.  24 of 30 generator trailers were used less than 50 hours. A number of trucks and equipment were geographically collocated, such as units assigned to the Public Works, Utilities Department, and Community Services Parks Division located at the Municipal Services Center (MSC). While there may be unique uses for some equipment, this collocation creates an opportunity to increase utilization and reduce costs through sharing, pooling, and rotating use. For example:  Public Works Operations and Utilities Water-Gas-Wastewater Operations had 5 backhoes located at MSC. These cost $46,300 to $66,400 a piece.  The City fleet had 61 dump and heavy trucks that cost as much as $250,000. Many of these trucks were co-located at MSC.  Air compressors cost as much as $33,400. 8 of the air compressors assigned to Public Works and Utilities were located at MSC and could be shared. Heavy trucks and equipment can be some of the most costly pieces to replace and maintain in the City fleet and therefore it is important to maximize their utilization. For example, PWD fleet management’s cost to replace an air sweeper in 2007 was over $198,000 and it was driven only 1,280 miles. A 1996 Chevrolet 3500 truck that cost $44,220 was listed for replacement for $65,000 although it was driven only 1,949 miles in FY 2008. Based on age, the truck would have been eligible for replacement. Despite the underutilized equipment, we found examples of some equipment with significantly higher use, indicating higher utilization is possible. For example, the Public Works Landfill purchased two large tractors at a cost of $432,000 and $491,000 that respectively averaged 1,475 to 1,800 hours per year. Attachment 1 -14- While there may be unique operational features for some pieces of equipment, maximizing the use of pooling and sharing equipment across programs and departments could allow the City to reduce the size of the City fleet and save City resources. PWD Fleet Management Actions Based on Preliminary Findings We shared our preliminary audit findings with PWD fleet management, and staff proactively implemented our proposed audit recommendation to temporarily freeze non-urgent vehicle and equipment replacements. As a result, in 2009 the City did not budget for FY 2010 fleet replacements This action saved approximately $2.5 million in planned replacements, including $948,000 for underutilized vehicles. PWD fleet management also asked departments to voluntarily remove underutilized transport vehicles from the City's fleet. In August 2009, the Public Works Director distributed a list to City departments identifying 86 underutilized vehicles for possible removal or reassignment. PWD fleet management followed up with a form to request information on the programmatic use and data to determine if an exemption request was justified. Three departments (Planning, Community Services, and the Library) responded by agreeing to turn in or share four underutilized vehicles. For example:  CSD and Library staff located at Lucie Stern agreed to consolidate and share their vans.  CSD developed an internal vehicle reservation process for other work units within their department to reserve vehicles.  The Planning Department agreed to turn in two underutilized vehicles. However, the majority of departments and programs wanted to keep their assigned underutilized vehicles. Of the 86 underutilized vehicles PWD identified, departments submitted 65 requests for exemptions. Our review of the exemption requests and discussions with the user departments identified the following main concerns:  Departments want the use of a vehicle in case an employee is called back to work for emergencies.  Departments are concerned if they relinquish an exclusively assigned vehicle, another vehicle may not be available when needed.  Departments with off-site locations are concerned that pool vehicles would not be accessible.  If assigned vehicles are removed, each department’s mileage reimbursement costs would increase, and this is not currently in the approved budgets.  Some employees may use alternative transportation to get to work and cannot use mileage reimbursement. PWD fleet management has begun to evaluate the requests and plans to conduct a similar process with underutilized equipment. According to PWD fleet management, without explicit authority to administer the fleet, PWD fleet management’s ability to Attachment 1 -15- reassign, reduce, or pool underutilized vehicles and equipment will continue to be limited. As PWD fleet management continues with this process, it will be important to have appropriate criteria to use in the evaluation process and to address user-department concerns. In our opinion, fleet underutilization should be addressed before spending City resources on additional replacements and additions. Public Works fleet management should develop an action plan to increase fleet utilization and ensure the City has the optimal size fleet and use of fleet resources. The action plan should include a variety of available alternatives such as increased use of mileage reimbursement; rental of specialized, seasonal, or other needed equipment; sharing of equipment; placing underutilized vehicles and equipment into a central motor pool; and rotating vehicle assignments. We should also note some government fleets are exploring regionalization of fleet purchases and shared use as the City considers options to partner with nearby entities for other services. RECOMMENDATION # 1: PWD fleet management should continue to freeze replacement of non-urgent vehicles and equipment until it can reduce the size of the fleet and increase utilization. RECOMMENDATION # 2: PWD fleet management should develop an action plan for increasing fleet utilization and identify an optimal fleet size and composition that includes eliminating or re-assigning underutilized vehicles, exploring opportunities to rent specialized equipment or seasonal use of equipment, not replacing vehicles, utilizing mileage reimbursement, rotating vehicles, and placing underutilized vehicles and equipment in a central motor pool. Although PWD fleet management began to install a vehicle reservation system in Fiscal Year 2007 to create a Citywide motor pool, employees are not yet able to use the system, thereby limiting the usefulness and accessibility of a centralized pool Throughout the audit, PWD fleet management noted difficulty in encouraging departments to share vehicles or equipment, and a lack of authority to reassign or redistribute vehicles. Once assigned a vehicle or equipment unit, individual departments maintain control over the use. The City's FY 2007 and FY 2008 Capital Improvement Program (CIP) budgets allocated $80,000 to implement an automated vehicle pool reservation system to allow for an intranet-based reservation system for user departments. According to the most recent budget documents, the project is about 30% complete and implementation has taken longer than anticipated. In FY 2010, the CIP budget provided an additional $25,000 to complete the project. In the absence of the automated vehicle reservation Attachment 1 -16- system, PWD fleet management maintains a small motorized pool of eight vehicles at MSC. However, use of the pool has been limited and 4 of these 8 vehicles did not meet minimum utilization requirements during FY 2008 and FY 2009. Public Works also reports they have a small pool of vehicles available at City Hall, with keys located at the Public Works Department. However, we found that employees in other departments were not aware of this pool. Implementing the system could improve fleet utilization and minimize the overall number of vehicles by encouraging the sharing of vehicles and equipment. In the absence of an accessible Citywide pool, departments have formed decentralized vehicle pools throughout the City. For example, the fleet database notes small vehicle pools at Elwell Court, Foothills Park, the golf course, landfill, Lucie Stern Community Center, and the Water Quality Control Treatment Plant. Some departments have created additional informal pools. However, each motor pool is operated separately from the others, and there is no pool to allow sharing of equipment among user departments. In our opinion, fleet utilization could be further improved by centralizing fleet operations through programs such as a Citywide pool and reservation system that allows employees to reserve and share vehicles and equipment throughout the City. RECOMMENDATION # 3: The Public Works fleet management should complete implementation of a centralized Citywide vehicle and equipment pool, and make the Citywide pool accessible to all departments.      The City's Policies and Procedures should be revised to: identify cost-effective utilization criteria, establish a rigorous and routine process to justify utilization exemptions, clarify replacement criteria, and provide clearer policies for take-home vehicle use.    While there can be critical service delivery considerations to justify underutilization of a particular vehicle or equipment unit, we found the lack of a process and authority to implement the established City procedures contributed significantly to the overall fleet underutilization. We also found that the City’s policies and procedures could be improved to identify cost-effective utilization, replacement criteria, and to provide clearer guidance for take-home use.    The utilization criteria should be re-evaluated for cost-effectiveness    Cost-effective utilization criteria are important since they directly impact the size and cost of the City's fleet. In 1995, the City lowered the minimum vehicle use requirements from 5,000 miles per year to 2,500 miles per year. The City’s policies also established a 50-hour minimum utilization for metered equipment, along with the 75% of annual work day use based on 220 work days in a fiscal year. PWD fleet management has not tracked departmental compliance with the annual work day use and we did not find this measurement utilized in other local jurisdictions we reviewed.   Overall, we found the City’s mileage minimums were considerably lower than other jurisdictions with established criteria and should be re-evaluated. For example, the City of Redwood City has a 5,000 annual mile minimum, similar to Palo Alto's previous requirement. The City of San Jose has a 10,000 mile annual minimum for sedans and Attachment 1 -17- 10,000 mile annual minimum for pick-up trucks. San Jose’s vehicle utilization requirements are significantly higher than Palo Alto, but their geographical area is also larger. Other nearby jurisdictions, such as Mountain View and Sunnyvale, do not have minimum use requirements. The State of California does not differentiate between transport passenger vehicles, light duty, or heavy duty vehicles and requires a minimum use of 12,000 miles per year. The Federal Government's Code of Federal Regulations requires 12,000 miles per year for passenger (transport) vehicles and 10,000 miles per year for light trucks and "general purpose" vehicles. Ideally, a cost-benefit analysis should be performed to determine the break-even point for when it makes economic sense to offer employees mileage reimbursement for City business use, compared to the cost of permanently assigning a vehicle to an employee or department. The federal mileage reimbursement rate is designed to cover both direct and indirect costs of operating a vehicle (including cars, vans, pick-up trucks and panel trucks) and is revised annually. As of January 2010, the current federal rate was $0.50 per mile. At this rate, the City’s cost to reimburse employees for 2,500 miles of use is $1,250 per year. Although PWD fleet management’s cost data was incomplete for reasons noted later in this report,5 their information estimates the City’s typical annual cost, including depreciation, is about $7,420 for owning and operating a sedan and $11,176 for owning and operating a pick-up. In our opinion, these costs should be used to evaluate the City’s cost-benefit for owning transport vehicles versus other alternatives, and in establishing more cost-effective utilization criteria. In addition, the City's policy does not explain the reason for the 50-hour annual minimum for metered equipment, which averages to about 14 minutes each work day (based on the City policy of 220 workdays each year). The 50-hour per year minimum also equates to over 97% of equipment downtime or equipment sitting idle, not in use. Government standards for metered equipment are not as prevalent, but in comparison to those we identified, Palo Alto’s standard appears to be significantly lower. A City of San Jose report found 240 hours of annual use for metered equipment was not "cost effective" and yet this use is 4 to 7 times higher than Palo Alto's minimum. Washoe County, Washington identified 200 hours per year as the threshold for underutilization. Unlike transport vehicles where a smaller geographic size could explain lower utilization standards, the use of metered equipment is not dependent on the size of the locality, but on the hours utilized in the field. In our opinion, PWD fleet management should re-evaluate and increase the minimum utilization standards, in consideration of the above noted factors. RECOMMENDATION # 4: The City Manager’s Office and the Public Works fleet management staff should review the fleet’s minimum utilization standards and consider increasing the standards to more cost-effective levels.  5 See page 29. Attachment 1 -18- Exemptions should be routinely reviewed and justified using established criteria While cost-effective utilization standards are an important influence on the City's fleet size and cost, there should also be a mechanism to provide for utilization exemptions to allow for flexibility to deliver critical services and accommodate unique situations. Both the State and Federal governments allow users to request exemptions and some cities, such as the City of San Jose, also have exemption process. Exemption processes should have established criteria to confirm the critical need to provide an assigned vehicle or equipment and evaluate the feasibility and cost of available options. For example, the process should consider the number of similar units already in the fleet, the utilization of these units, ability to utilize pool vehicles, ability to utilize mileage reimbursement (if it is a transport vehicle), and the availability to rent seasonal or specialized equipment. The City's current policy requires departments to request exemptions from PWD fleet management for any vehicle not meeting the minimum utilization requirements. The City's policy states, "In September with the budget process, the fleet manager will notify those departments with vehicles not meeting the minimum requirements and require them to provide written justification for continued use. If 60 days pass without a response, then the vehicle will be considered surplus or reassigned. The fleet manager will review the requests for continued use and forward a recommendation to the Director of Public Works who will file the final recommendation and forward it to the City Manager. The City Manager or designee will make the final decision and approve any exceptions in writing. Vehicles or equipment must be operated either a minimum of 2,500 miles or 50 hours or 75 percent of annual work days (220 base work days) in a fiscal year... Those units given a permanent exception due to the nature of the work will not require justification unless the nature of the work changes." However, in practice, PWD fleet management staff report that they have not been given authority to implement the procedure stated above, and there has been no mechanism to trigger a review of the exception list to ensure the vehicles should continue to be exempted. The policy does not mention an exemption process for vehicles and equipment that do not meet the minimum utilization requirement, so PWD fleet management has not implemented a process to review underutilized equipment. In addition, PWD fleet management does not have established criteria to identify, evaluate, or follow up on exception requests. In 2004, PWD fleet management went through a one-time process to exempt underutilized vehicles, but as noted, lacked criteria to evaluate the requests and authority to "pull" underutilized vehicles. Since 2004, PWD fleet management has not conduct follow-up reviews to ensure the exemptions were still necessary. As a result, 18 of the 86 underutilized vehicles PWD fleet management is currently considering for potential reassignment or removal, had not been evaluated. Those that were previously evaluated, were permanently exempted for the life of the vehicle without any follow-up review. Essentially the 2004 waivers justified permanent exemptions. As a result, the underutilized vehicles were scheduled for replacement without additional scrutiny of their utilization or necessity. Ensuring the PWD fleet management has authority to operate and manage the fleet, and introducing a Vehicle/Equipment Review Committee to scrutinize departmental Attachment 1 -19- requests for replacement and additions could improve the efficacy of the PWD fleet management operations. According to Government Fleet Magazine, a vehicle utilization review board is considered a best practice and is an effective method for reviewing the need for underutilized vehicles and exploring options for elimination, retention, or transfer to a centralized motor pool. The precedent for vehicle and equipment review committees already exists among government programs. For example:  In response to a 2009 audit of its fleet, Santa Clara County established a 10-year fleet plan to standardize the fleet replacement process and system. County fleet management conducts an annual utilization study of the fleet, recommends specific vehicles for replacement based on 9 criteria, reviews proposed replacements with department heads, and submits the recommendations to the Board of Supervisors for approval.  The City of San Jose formed a committee to review departmental requests for replacements, additions, and utilization exemptions. The process considers the results of a comprehensive mechanical assessment of vehicles considered for replacement, a review of mileage and use, years of service, repair costs, and information on other similar items in the fleet inventory.  To help meet minimum utilization guidelines, some agencies at the federal level, such as the National Aeronautics and Space Administration, utilize vehicle utilization review boards to review utilization and reassignment of vehicles. In our opinion, PWD fleet management needs to conduct routine utilization assessments to identify underutilized vehicles and equipment for retirement, redeployment, or inclusion into a centralized vehicle and equipment pool. PWD fleet management needs to implement an exemption process and develop appropriate criteria, standards, and forms to evaluate underutilization for both vehicles and equipment. The City Manager’s Office should establish a committee with appropriate representatives to review the exemption requests and PWD fleet management information. PWD fleet management should also have the authority to manage and operate the City fleet to ensure optimized use of fleet resources. RECOMMENDATION # 5: The City Manager’s Office should establish a Vehicle/Equipment Review Committee with representatives from Public Works Department fleet management, Administrative Services Department’s budget staff, and the City Manager’s Office to review vehicle and equipment replacements and exemption requests to the utilization requirements. RECOMMENDATION # 6: Public Works Department fleet management should develop written standards, forms, and assessment criteria for the Vehicle/Equipment Review Committee in their evaluations of fleet utilization such as: number of similar units in the fleet, average annual miles/hours of similar units, consideration and description of special uses, cost-benefit of retaining the item in terms of program efficiency and service delivery, and mechanical condition. Attachment 1 -20- RECOMMENDATION # 7: Public Works Department fleet management should conduct routine annual utilization assessments to identify vehicles and equipment for retirement, redeployment, inclusion into a centralized vehicle and equipment pool. PWD fleet management should provide this information for the Vehicle/Equipment Review Committee to review the appropriateness of vehicle and equipment exemptions based on established criteria from Recommendation # 6 (above). RECOMMENDATION # 8: Public Works Department fleet management should have the authority and responsibility to manage and operate the City fleet to ensure optimized use of fleet resources. The City's replacement criteria should be clarified The City's policy provides replacement guidelines based on age and the mileage or hours for each type of fleet unit. The policy also requires vehicles scheduled for replacement to be reviewed and analyzed for condition, cost, usage, safety history and operating performance. Mechanical assessments are a key component of fleet industry standards to assess the safety and costs for repairs and maintenance of each unit. However, our review found that PWD fleet management developed the replacement list based primarily on the age of the units and did not routinely incorporate utilization data or results from mechanical assessments. In addition, the City's replacement guidelines listed in the policy contain ambiguity on the application of the replacement criteria (See Attachment 1). For example:  Automobiles have a replacement criteria of "5 years/70,000 miles" for non- emergency Fire and Police staff cars, and "7 years/70,000 miles" for all others - the policy is not clear on whether both the age and mileage are required to trigger the replacement consideration, or whether age alone can trigger the replacement consideration. With a minimum utilization standard of 2,500 miles, unless a vehicle is utilized more than the standards, it would take 28 years to reach 70,000 miles for replacement.  The replacement criteria for forklifts is 10-15 years, without consideration for the overall hours on the unit.  The replacement criteria for street sweepers is 6 years/60,000 miles for 3 wheels and 7 years/60,000 miles for 4 wheels, but we found the City's broom sweeper meters measured usage in hours. With the current ambiguity in the policy's replacement criteria, coupled with the findings of underutilization and lack of incorporating mechanical assessments, we found that the age of a vehicle was more likely the factor for replacement consideration Here are some examples we found:  The database included a directional boring unit assigned to the Utilities Department that was replaced just under the five-year replacement cycle, after only 402 total hours of service. With a purchase price of $71,287, the Attachment 1 -21- depreciation alone cost the City $177 for each hour of use, not including operational and maintenance costs. According to PWD fleet management, the new unit was replaced early because the Utilities staff reported the machine was too small for their operations.  The Public Works Department replaced a large utility truck after only 61,300 miles of use. The vehicle was 11 years old. The new vehicle cost over $124,000. PWD fleet management reported the truck was in poor condition and replaced because it was inadequate for PWD needs. According to PWD fleet management, they are beginning to incorporate mechanical assessments into the replacement process. During the last two years, PWD fleet management has also prolonged several vehicle replacements past the age criteria. The concern is that without addressing the underutilization, replacing vehicles based on age could result in an oversized, aged fleet. RECOMMENDATION # 9: Public Works Department fleet management should improve the replacement evaluation process through the following: revise the written policies to clarify replacement criteria, reinstate mechanical evaluations as part of the evaluation criteria for replacing vehicles (e.g. vehicles requiring cost-prohibitive repairs vs. those in good mechanical condition); and incorporate utilization requirements as part of the evaluation criteria to help ensure underutilized vehicles are not replaced. The City reduced the number of approved take-home vehicles, but clearer policies are necessary to identify the appropriate use and authorization for take-home use In 2007, the City Manager's Office reduced the list of positions authorized for take- home vehicles from 22 to 7. We estimate this reduction saved about $3,000 in annual costs per vehicle. As of June 2009, PWD fleet management had a list of 7 positions authorized for exclusive and emergency use. However, the City’s policy listing the authorized positions does not reflect these changes and has not been updated since 2005. The policy also contains confusing definitions that can create ambiguity around the appropriate use and authorization for take-home vehicles. For example, the policy states that the Equipment Management Division of Public Works shall keep a record of vehicles driven home under four permissible categories - Exclusive6, Emergency Response, Permanent Standby and Occasional Overnight uses. However, a careful read of the procedures allow for a variety of take-home uses. For example, as part of the Emergency Response Use, the procedures allow for requests of “ongoing use” and “occasional use”. The procedures also mention a Standby Vehicle category, which appears to be the same as the Permanent Standby, but different than the category for emergency response. It does not detail whether the employees can take home vehicles each workday, or if there is a standby assignment schedule and the take- home use is limited to this schedule. The procedures also allow for pool cars and  6 City policy defines exclusive use as the assignment of a City Vehicle to a department head or a Council Appointed Officer. Positions authorized for Exclusive Use include the PWD Director and Police Chief. The policies and procedures do not provide for monthly stipends, however, the Management Compensation Plan allows monthly stipends up to a maximum of $325 for employees whose duties require use of an automobile. Attachment 1 -22- assigned cars (those assigned to a specific City department or employee) to be taken home under a separate category of “occasional overnight use.” In effect, any vehicle could potentially be authorized for take home use. The procedures also contain various requirements to substantiate take-home use. Documentation requirements varied from requiring employees to maintain monthly logs to document the purpose or incident (under Emergency Response Use), to no requirement of usage logs (under Standby Use and Exclusive Use). Occasional Use under Emergency Response required email notification to PWD fleet management, whereas Occasional Overnight Use under a different section required written approval and notification. PWD fleet management produced usage logs for Emergency Response vehicles dating back to 2007, however current usage logs and notifications were not available. As a result, we could not determine whether or not departments are, or are not, following the policy. In our opinion, PWD fleet management should update and clarify the take-home policy and conduct routine follow-ups with departments to document their adherence to the policy. RECOMMENDATION # 10: Public Works Department fleet management should revise the policy and procedures to clarify the take-home policy and conduct routine follow-ups with departments to document adherence to the policy. Replaced vehicles were allowed to remain and augment the City's fleet According to the City's policy, surplus vehicles (vehicles that were on the replacement list and slated for disposal) may be reassigned to replace vehicles in other departments, as determined by the Fleet Manager and approved by the Director of Public Works. However, vehicle additions are requests to augment the City fleet and are approved through a separate capital improvement budget process. We found that PWD fleet management allowed departments to retain replaced vehicles as surplus vehicles to fill temporary needs, without going through a separate vehicle addition budget process. This practice essentially allowed the fleet size to grow. As of June 30, 2009, the fleet surplus inventory included 13 surplus items – 8 autos, 2 pick-up trucks, 1 motorcycle, 1 heavy duty truck, and 1 ambulance. By retaining the 13 surplus items, fleet operating and maintenance costs increased to cover fuel and maintenance for both the old, as well as the new vehicles. For example, a surplus sedan assigned to the Planning Department’s Inspection Services section was driven only 1,560 miles in FY 2009. According to PWD fleet management, the annual operating cost for this vehicle was about $4,450. In comparison, instead of keeping the surplus vehicle, mileage reimbursement at 55 cents per mile would have cost the City only $858. Likewise, in FY 2008, another surplus sedan assigned to Inspection Services was driven only 1,373 miles. The annual cost of operating this vehicle was about $4,450, as estimated by PWD fleet management. Mileage reimbursement costs would have been only $755. In our opinion, PWD fleet management should have an established process to approve and evaluate requests to add to the vehicle fleet. These requests should identify the Attachment 1 -23- budget impact of the purchase and on-going replacement and maintenance costs. The request should also evaluate the need for the addition, the viability of other alternatives such as mileage reimbursement or equipment rental, shared use of a similar unit already within the City fleet, and utilization of other similar units within the City fleet. RECOMMENDATION # 11: Public Works Department fleet management should establish a process to approve and evaluate requests to add to the City fleet. These requests should identify the budget impact of the addition and funding for on-going maintenance and replacement costs, the need for the addition including utilization of similar units, and the feasibility of other alternatives such as mileage reimbursement, rental, pooling, or sharing of similar units. Vehicle rotation can reduce replacement costs of public safety vehicles by balancing higher and lower usage Our analysis indicates greater efficiencies could be achieved by rotating the use of some emergency response vehicles. The City has replacement guidelines for emergency response vehicles but it does not have specific utilization requirements or rotational use requirements. As a result, we found a variety of uses ranging from high- use to low-use in some types of emergency response vehicles. For example, the Police Department had 25 marked sedans, with annual utilization ranging from 1,126 miles to 36,373 miles in FY 2008. According to the City’s policy and procedures, patrol sedans are eligible for replacement at 85,000 miles. The patrol sedan with 36,373 annual miles would reach the mileage threshold within 3 years, but with vehicle rotation the replacement could be extended. Motorcycle use also varied from 883 miles to 10,135 miles in FY 2008. The mileage for fire engines ranged from 497 miles to 9,050 miles in FY 2008. By rotating the use of these vehicles, the City could even out the utilization and reduce replacement costs. The Police and Fire departments have agreed that vehicle rotation is possible and could reduce replacement costs of emergency response vehicles. RECOMMENDATION # 12: Public Works Department fleet management should maximize use of Police Department patrol sedans and motorcycles, and Fire Department fire engines, by rotating vehicle assignments among lower and higher use areas. PWD fleet management does not have established criteria to assess the efficiency and necessity of non-rolling stock equipment purchases such as generators and trailers The absence of established criteria to assess the efficiency and necessity of non- rolling stock equipment purchases hinders PWD fleet management’s ability to effectively scrutinize requests for equipment. In addition, trailers, generators and other non-rolling stock equipment could be shared among departments with facilities at the same location such as Utilities, Public Works, and CSD locations at the MSC. More specifically: Attachment 1 -24-  The City’s fleet inventory contains 169 non-rolling stock items assigned to specific user departments. Most of these items are generators or trailers and do not have a mechanism to monitor their use.  102 of the trailers are located at MSC and assigned to Public Works, Utilities, and CSD.  Several items on the City’s budgeted replacement list consisted of non-rolling stock equipment. In FY 2009, 15 out of the 44 planned replacement items consisted of trailers and miscellaneous non-rolling stock equipment. In FY 2008, the list included 12 trailers and 6 pieces of miscellaneous non-rolling stock equipment out of 102 trailers.  Certain types of equipment, such as trailers, are not metered, so replacement decisions are primarily based on the age of the unit.  The City’s replacement guidelines for trailers and miscellaneous equipment are broad, ranging from 5 to 15 years. Without additional criteria to assess the need to replace miscellaneous equipment, it was difficult to determine the necessity of the replacements. In our opinion, PWD fleet management should develop criteria for assessing the need for non-rolling stock equipment. RECOMMENDATION # 13: Public Works Department fleet management should develop written criteria for assessing the need of non-rolling stock equipment. Outdated and incomplete data makes it difficult to effectively manage the fleet To properly manage the City fleet, departments and PWD fleet management need accurate, complete, and timely data on the fleet inventory. Our analysis indicates the Fleet Focus database was not consistently updated or complete. As a result, PWD fleet management could not properly monitor or manage fleet resources, including identifying replacements, reassigning underutilized equipment, or enforcing City fleet policies. Following are examples we found:  The fleet database did not contain updated assignments. For example, during our physical sampling: o We could not locate 2 street sweepers assigned to MSC Maintenance Operations because the department had transferred the sweepers elsewhere. o Planning and Community Environment Department personnel reported that 3 vehicles shown in the fleet database as assigned to the department were no longer assigned to them. o The database listed a pick-up truck as assigned to CSD, but a review of the notes indicated PWD had re-assigned this vehicle to the Utilities Department to replace a truck involved in an accident. Attachment 1 -25-  Some of the fleet database utilization data was incomplete, and therefore, it was difficult to determine whether utilization minimums were met for individual units. For example: o The fleet inventory contains 6 turf gators, similar to riding lawn mowers, for the Community Services Department’s Parks and Recreation section. However, the database does not track the number of hours these are utilized. According to PWD fleet management, these smaller items do not have meters, are fueled from gas cans, and do not generate usage data. o Several pieces of park equipment were not included in the inventory. According to PWD fleet management, the Community Services Department is responsible for repairing and maintaining these items. We attempted to determine if items listed in the FY 2009 fleet inventory satisfied minimum use requirements and were unable to accurately verify the results due to missing data. According to PWD fleet management, there were reasons why utilization data was not available. For example:  The City’s two boats did not have meters to track their use.  A wood chipper listed in the inventory was removed from service in FY 2007. It was still listed on the inventory because the disposition was not complete as of April 2009.  Two of the units classified in the database as fire engines were actually fire aerials.  Of the six forklifts in the fleet inventory, three were electric and one was propane fueled. Because of this, utilization data for these units was not available through fuel transactions. Meter readings were available only when these items were serviced or work order data reviewed, which is generally twice or more each year.  A pumper truck in the fleet inventory was removed from service in FY 2005 due to practical obsolescence and is still awaiting disposal. According to PWD fleet management, staffing vacancies have hindered their ability to follow up with departments to ensure the accuracy and timeliness of the database information. In our opinion, PWD fleet management should review the database inventory for completeness, and accuracy and produce routine reports on vehicle and equipment assignments for assessing utilization and allocation of City fleet resources. RECOMMENDATION # 14: Public Works fleet management should routinely review the database inventory for completeness and accuracy and develop necessary processes for departments to provide accurate and timely utilization data.   Attachment 1 -26-   This page intentionally left blank   Attachment 1 -27- Finding 2: Funding stability and improved processes are needed to adequately fund fleet replacement and maintenance The City’s vehicle and equipment program is typically funded through the Vehicle Replacement Fund (hereafter referred to as Vehicle Fund) within the City’s Capital Improvement Project (CIP) budget. Sources of funding are distributed among the General Fund and Enterprise Funds. The City’s budget process allocates fleet expenses (including replacement, operation, and maintenance costs) across user departments (called “allocated charges”), based on information from the PWD fleet management. However, Vehicle Fund expenditures exceeded revenues during FY 2006, 2007, and 2008. Our analysis indicates three main reasons contributed to this funding deficit: (1) the charges to user departments did not sufficiently cover the City’s full cost for operating the fleet; (2) the current budget process could be improved to provide incentives to reduce fleet costs; and (3) the fleet addition approval process did not consistently identify or budget for the amount of on-going maintenance and replacement costs. The size of the City fleet directly impacts the cost of on-going repair, maintenance, and replacement budget in the Vehicle Fund. In our opinion, as PWD fleet management reviews the appropriate fleet size through implementation of the audit recommendations, it will also be imperative for PWD fleet management and ASD budget staff to identify stable and on-going funding to maintain the fleet in an appropriate condition. As PWD fleet management implements additional alternatives for providing business-related transportation, the way the City budgets and allocates fleet costs across departments will need to be updated to accommodate alternatives such as the use of a Citywide vehicle and equipment pool and mileage reimbursements. Charges to user departments did not sufficiently cover the City’s full fleet costs The City uses internal service funds to finance and account for special activities and services performed for other departments on a cost reimbursement basis. The Vehicle Fund accounts for maintenance and replacement of vehicles and equipment used by all City departments. As an internal service fund, it should be self-sustaining and the charges to the individual departments should be adequate to cover all costs related to the program. The charges should also provide sufficient funds to replace vehicles and equipment. Although the Vehicle Fund is supposed to be self-supporting, transfers to the Vehicle Fund’s reserves declined from positive $469,945 in FY 2005 to negative $140,072 in FY 2008, as shown in Exhibit 6. Attachment 1 -28- Exhibit 5: Summary of Vehicle Fund Revenues and Expenditures FY 2005 to FY 2010 Fiscal Year FY 2005 (Actual) FY 2006 (Actual) FY 2007 (Actual) FY 2008 (Actual) FY 2009 (Adjusted Budget) FY 2010 (Budget) Operating Revenue $5,328,372 $5,570,551 $5,672,726 $6,363,955 $9,136,007 $7,019,248 Interest Income $182,194 $105,293 $266,285 $338,053 $192,700 $207,600 Other Income $121,619 $90,107 $501,773 $81,608 $621,009 $266,009 Total Fund Revenues $5,632,185 $5,765,951 $6,440,784 $6,783,616 $9,949,716 $7,492,857 Administration $125,767 $491,261 $2,214,106 $2,069,613 $143,015 $145,974 Vehicle Replacement and Additions $2,045,808 $2,875,971 $1,444,588 $1,065,357 $3,124,401 $895,2377 Vehicle Operations and Maintenance $2,990,665 $3,188,654 $3,315,224 $3,788,718 $4,861,458 $4,471,094 Total Expenditures $5,162,240 $6,555,886 $6,973,918 $6,923,688 $8,128,874 $5,512,305 To/(From) Reserves $469,945 ($789,935) ($533,134)($140,072)$1,820,842 $1,980,552 Source: City Operating and Capital Budgets, Fiscal Years 2005- 2011 Earlier decisions reduced allocated charges According to PWD, earlier decisions to reduce the Vehicle Fund’s budget partially contributed to the funding deficit. For example, in FY 2002 the City faced an $8.2 million revenue shortfall and reduced the vehicle replacement charges by $800,000. The reductions continued in FY 2003 with approximately $700,000 in reductions of allocated charges to user departments. In FY 2004 and FY 2005, the allocated charges increased, but the increases were not sufficient to restore the original reductions. Deficits within the Vehicle Fund were offset by withdrawals from the Vehicle Fund’s Unrestricted Assets reserves. The excess expenditures resulted in reserve withdrawals of $789,935 in FY 2006, $533,134 in FY 2007, and $140,072 in FY 2008. The operating shortfalls and withdrawals resulted in declining and negative balances in the Vehicle Fund reserves and diminished the viability of the fund. According to ASD Budget staff, Vehicle Fund’s reserve balance was negative $374,000 as of June 30, 2007 and negative $1,015,000 as of June 30, 2008. As an alternative to purchasing replacements, PWD fleet management deferred the purchase of some vehicles and equipment scheduled for replacement and did not add to the fleet as planned and approved in the City’s CIP budget. In FY 2009, to restore the Vehicle Fund’s balance, the ASD Budget Division imposed a 20% surcharge on all fleet items and user departments. According to ASD Budget staff, the Vehicle Fund balance increased from negative $1 million, to negative $103,000 by June 30, 2009.   7  Amount includes FY2010 capital improvements expenses for diesel truck emissions retrofits and continued replacement of the City-wide fuel management system. The amount does not include replacements for vehicles or equipment. Attachment 1 -29- Allocation formulas did not cover the full fleet cost In addition to the earlier funding reductions, we also found that the formula for allocating charges across user departments did not recover the full costs. Each year, PWD fleet management reviews the fuel, repair, depreciation, replacement, and other costs, related to each vehicle and piece of equipment in the City fleet. PWD fleet management aggregates this data and submits a spreadsheet to the ASD Budget Division. The ASD Budget Division uses this data to allocate fleet charges, based on the vehicles and equipment assigned to each department. However, our analysis indicates the allocation formulas did not cover the total cost to repair, operate, maintain, and replace the fleet vehicles and equipment. For example:  The hourly rate ($90) used to allocate labor did not cover all of the costs.  The Operation and Maintenance charges covered only direct costs related to parts, labor, repairs, fuel surcharges, and similar costs. The charges did not include overhead or other administrative costs related to supporting the City fleet.  The estimated replacement costs underestimated the actual replacement costs. According to staff, some of these discrepancies occur due to differences between disaggregated information in the Fleet Focus database and aggregated costs reflected within the City’s SAP financial system. In our opinion, these differences should be reconciled to ensure complete and accurate cost allocation charges in future years. Although ASD Budget implemented a surcharge in FY 2009 to help address the fund’s deficit, this was a temporary fix. PWD fleet management and ASD Budget staff agreed that they need a better methodology to identify the complete cost of operating the City fleet and allocate the entire cost to the user departments. The City’s CIP budget plans capital expenses over five years, but only two years for the CIP Vehicle Replacement Fund The City’s annual capital budget is supposed to include a proposed CIP plan to cover a total of five years. Although fleet replacements and additions are part of the CIP budget plan, staff does not project funding beyond two years. In our opinion, the lack of a funding projection and estimate for upcoming fleet purchases, combined with the underestimates of replacement costs and allocated charges, has been a contributing factor in funding shortfalls for some large equipment replacements. For example, in October 2008, staff sought Council approval to replace six of eight fire engines at a cost of $3.2 million. According to the staff report, the Vehicle Fund had $2.4 million allocated for the purchase of the engines and the remaining $0.8 million would be funded through the City’s agreement with Stanford. Although the CIP vehicle replacement budget included $2.5 million, according to the CIP budget this amount was intended to replace 44 vehicles and equipment units, including $1.2 million for three fire engines. Because of the insufficient funding, the entire amount of $2.5 million was used to purchase the new fire engines and the other items on the replacement list were deferred. Attachment 1 -30- RECOMMENDATION # 15: PWD fleet management and ASD Budget should revise the methodology for charging user departments to include the total cost of operating the City fleet and project CIP budget needs over the five-year CIP cycle. The current budget process could be improved to provide incentives to reduce fleet costs The budget process can serve as an important function to provide feasible and cost- effective fleet alternatives. The City’s current budget practice allocates the cost of assigned vehicles and equipment to user departments through “allocated charges.” These fleet charges are combined with other allocated costs and shown together in the City’s budget documents. The allocated charges are shown below each department’s budgeted line items and are not directly controlled by the department. Unlike allocated charges for vehicles and equipment, the budget process includes mileage reimbursement costs in each department’s budget through the “travel and meeting” category. As a result, departments must have an approved budget to utilize mileage reimbursement, whereas the allocated vehicle and equipment charges do not need to be budgeted within the department’s budget, as long as PWD fleet management made the initial assignment. We found that this budget process creates a disincentive for departments to reduce the number of vehicles and equipment assigned to their respective departments. It also creates a disincentive for departments to utilize mileage reimbursement, even if it is more economical to the City than having an assigned vehicle. In our opinion, ASD Budget Division and PWD fleet management should consider revisions to the budget process that show vehicle and equipment costs within each department’s line item budget. This would provide more flexibility to departments and encourage economical decisions. RECOMMENDATION # 16: ASD Budget Division and PWD fleet management should revise the budget process to show fleet costs within each department’s line item budget. The fleet addition approval process did not consistently identify or budget for the amount of on-going maintenance and replacement costs Each vehicle addition or new piece of equipment adds to the City’s on-going cost to replace, maintain and operate the unit. Because of these cost implications, the approval process for fleet additions needs to identify an appropriate amount of on- going funding needed to operate, maintain, and replace each addition to the City fleet. Our review found that the fleet addition approval process did not consistently identify or budget for on-going maintenance and replacement costs. According to the City’s Policy and Procedures 4-01/PWD, “Requests for additions of vehicles and equipment are submitted by departments as a Capital Improvement Program request.” The procedures do not include criteria for determining whether the vehicle or equipment addition is necessary, or require the identification of funding for on-going costs associated with the addition. Attachment 1 -31- We also reviewed recent fleet additions and found that staff reports did not clearly identify the total amount of on-going funding resources that would be necessary. For example:  In September 2009, staff sought Council approval to purchase a Regional Response Mobile Command Vehicle at a cost not to exceed $700,000. The staff report identified grant funding for $300,000 of this cost. According to the staff report, the Police and Public Works Departments’ current operating budgets included on-going regular vehicle maintenance costs. However, the report did not identify the amount of on-going maintenance and did not identify funding for the replacement cost. If the replacement cost of this expensive unit is not funded, then the Vehicle Fund may not be able to absorb the unit’s replacement cost in the future.  In November 2009, staff sought Council approval to purchase an all terrain directional boring unit at a cost not to exceed $285,945. The staff report did not include funding for on-going maintenance or replacement of the unit. The lack of a budget for on-going maintenance, operation, and replacements for fleet items can contribute to budget shortfalls in the Vehicle Fund. In our opinion, the cost for on-going maintenance, operation, and replacement should be identified and budgeted for each fleet purchase. RECOMMENDATION # 17: Requests for fleet purchases should identify and budget an amount for on-going maintenance, operation, and replacement costs. Developing a strategy for future replacement decisions could also help promote the City’s Climate Protection Plan goal of replacing gasoline vehicles with Compressed Natural Gas (CNG), hybrid, or fuel efficient alternatives to the greatest extent feasible PWD fleet management has not purchased vehicle replacements in FY 2010 due to the recent freeze on non-urgent replacements discussed in Finding 1 of this audit report. However, the funding and type of vehicle selection for future replacements can promote the City’s Climate Protection goals. In 2007, the City Council approved the Climate Protection Plan (CPP), which inventoried the City’s municipal and community emissions and set emission reduction goals. In 2009, the City Council approved departmental action plans to help achieve these goals. Public Works’ plan included a long-term goal of “replacing City gasoline vehicles with CNG, hybrid, or fuel efficient alternatives to the greatest extent feasible.” Public Works has already taken steps to retrofit diesel engine trucks, purchase CNG automobiles for some of the City’s fleet replacements, and install CNG stations. PWD fleet management has primarily selected CNG vehicles to help achieve emission reductions. According to PWD fleet management, although hybrid vehicles contribute fewer emissions, CNG vehicles are more economical to purchase and still achieve emission reductions. In FY 2009, the City fleet had 87 CNG vehicles and 3 hybrid vehicles. There are new opportunities to create a strategy for vehicle replacements that will promote, and even help exceed, the City’s CPP goals. Recent developments include Attachment 1 -32- grant funding to expand battery charging stations at the City Hall; options to lower the cost of fuel efficient vehicles by pooling vehicle purchases with other organizations; green purchasing programs; and financial incentives at the federal and state level. For example, the City Auditor’s Office revenue monitoring program found that the City was eligible for additional revenues from the federal government’s alternative fuel tax incentives. As a result, the City received over $123,000 in additional revenues. Future revenue recoveries or other financial incentives could potentially help offset the cost of purchasing fuel-efficient vehicles for the City fleet. The City Manager’s Office recently took a lead in coordinating the development of the City’s sustainability initiatives through the creation of an Assistant to the City Manager (Sustainability) position. In our opinion, it is important for PWD fleet management to coordinate with the City Manager’s Office to help ensure the selection of fleet replacements aligns with the City’s other strategies and developments to promote the CPP goals. For example, PWD fleet management’s efforts to install CNG fueling stations create an infrastructure to support CNG vehicles. Likewise, the City’s recent grant funding for expansion of battery charging stations will also help create an infrastructure to support electric and hybrid vehicles. RECOMMENDATION # 18: PWD fleet management and the City Manager’s Office should develop a strategy to align future fleet replacements with the City’s other strategies that promote CPP goals. Attachment 1 -33- Finding 3: Internal controls over fuel and parts inventory can be improved. According to Government Fleet Magazine, after the cost of depreciation, fuel is the second largest expense for public sector fleets. During fiscal years 2008 and 2009, the City fleet's annual fuel costs exceeded $900,000 for unleaded, diesel, bio-diesel, and compressed natural gas (CNG). Auto parts inventory purchases were close to $800,000 in fiscal year 2009. Our review found that internal controls should be improved for the City to reconcile and properly account for fuel purchases and inventory costs. At the time of our review, fuel purchases did not match consumption reports and the parts inventory was not updated or reconciled. Specifically:  Fuel invoices did not match the CNG consumption reports and reports for unleaded and diesel fuels showed discrepancies;  Our sampling found weaknesses in the internal controls for fuel pumping transactions;  Vehicles and equipment were not consistently secured or locked; and  A physical parts inventory had not been conducted for at least six years and the valuation of the inventory was not available. The internal control weaknesses, if left unaddressed, could leave the fleet’s fuel, equipment, and parts inventory susceptible to waste or abuse. The Public Works Department’s (PWD) fleet management is aware of these issues and initiated steps to implement a new fuel transaction management system, called FuelFocus, to mitigate these risks. In our opinion, PWD fleet management should also work with the Utilities Department to reconcile CNG fuel purchases. PWD fleet management should also improve internal controls over the parts inventory. Fuel invoices did not match the CNG consumption reports and reports for unleaded and diesel fuels showed discrepancies Internal controls should require City staff to reconcile fuel purchases, inventories, and balances to ensure overcharges and losses do not occur. If an overcharge occurs, the City should be able to detect and receive credits for the overcharge. If a loss or shortage occurs, the City should be able to detect and quantify the loss. During fiscal years 2008 and 2009, annual fuel costs exceeded $900,000 for unleaded, diesel, bio- diesel, and compressed natural gas (CNG). During our review, we attempted and could not reconcile the fuel inventories and deliveries. Discrepancies, incomplete data, and un-reconciled fuel balances prevented us from determining if the fuel amounts consumed and on hand were accurate or appropriate. We could not determine if fuel shortages existed or if losses occurred because the fuel balances and purchases were not reconcilable. PWD fleet management was also unable to reconcile the fuel balances, purchases, and consumption. Attachment 1 -34- CNG fuel billings The Utilities Department is responsible for purchasing compressed natural gas (CNG) and processing payments for these purchases. The Utilities Department receives the CNG invoices and charges the Vehicle Fund (the fund that processes fleet related costs) for the City fleet’s CNG consumption. The ASD processes the payments from the Vehicle Fund; however, fleet management does not review or approve the payments. The fleet management database tracks the consumption of CNG within the City fleet and should be reviewed to verify the accuracy of the charges. Because PWD fleet management approval is not required for CNG fleet charges and payments, PWD fleet management was unaware of how much was charged to the Vehicle Fund for CNG fuel. Our review found the CNG fuel charges from the Utilities Department did not match the fuel consumption reports from PWD fleet management. For example:  During FY 2008, the Utilities Department reported that it charged the Vehicle Fund for 137,806.8 gallon equivalents (114,839 therms) amounting to $130,917 for CNG fuel costs. The fleet management database indicated that only 85,803 gallons amounting to $66,887 were consumed during the same time. The consumption report substantiated only 62% of the volume charged.  In FY 2007, the Utilities Department reports that it charged the vehicle fund for 111,910.8 gallons (93,259 therms) amounting to $128,697 for CNG fuel costs. The fleet management database showed that only 71,006 gallons or $81,657 were consumed during this timeframe. The consumption report substantiated only 63% of the volume charged. Because PWD fleet management is not able to review the CNG fuel charges prior to their payment, these differences were not reconciled. Unleaded and diesel fuel purchases Basic internal controls, such as periodic reconciliations of fuel deliveries, payments, and inventory balances should be performed to help ensure accountability and use of the fuel resources. Reconciliations help ensure fuel purchases are not excessive to the operating needs and fuel purchases are matched to actual fuel on hand. Our analysis of the fuel reserves and purchases indicated discrepancies. PWD fleet management reported the following discrepancies. Attachment 1 -35- Exhibit 6: Unleaded and Diesel Fuel Balances Fiscal Year 2007 Fiscal Year 2008 Fiscal Year 2009 Unleaded (Gallons) Diesel (Gallons) Unleaded (Gallons) Diesel (Gallons) Unleaded (Gallons) Diesel (Gallons) Beginning Inventory 7,231 19,575 8,635 24,599 8,409 21,675 Fuel Purchased 151,906 142,692 157,878 137,607 155,305 152,386 Fuel Dispensed 156,012 140,329 151,300 124,254 133,555 127,241 Ending Inventory (Calculated) 3,125 21,398 15,213 37,952 30,159 46,819 Fuel Balance Reported 8,635 24,599 8,409 21,675 18,974 34,282 Fuel Discrepancy (5,510) (2,661) 6,804 16,277 11,185 12,537 Approximate Value of Discrepancy ($17,852) ($7,477) $28,780 $62,503 $26,508 $28,333 Source: PWD Fleet Management PWD fleet management could not reconcile the fuel purchases, balances, and payments. As a result, we could not determine if the ending fuel balances were correct, if the City was overcharged for fuel delivered, or if fuel losses had occurred. According to PWD fleet management, it has recognized the inaccuracy of the existing Citywide fuel management system since 2006. The system has become unreliable and does not consistently report all transactions (especially from Fire Station One and the Landfill). It also does not interface with the existing tank inventory monitoring system. This makes periodic inventory reconciliation difficult, and has resulted in year- end discrepancies. Manual daily reconciliation is possible, but impractical due to the staff time required and prior staffing vacancies. In order to improve oversight over fueling operations, and facilitate fully automated inventory reconciliation, PWD fleet management initiated a CIP project (VR-06801) to replace the existing system in the FY 2007 Capital Budget. Contract #C09127499 was awarded to AssetWorks on June 1, 2009 and is anticipated to be completed by December 31, 2010. We recommend that PWD fleet management staff work with the ASD Department and Utilities Department (for CNG) to develop a system that reconciles fuel consumption, purchases and balances. RECOMMENDATION # 19: PWD fleet management should develop a system to reconcile fuel purchases, balances, and consumption reports. Attachment 1 -36- Our sampling found weaknesses in the internal controls for fuel pump transactions The City’s policies and procedures require all City vehicles and equipment to be fueled at one of the City’s seven fueling facilities. City fueling stations are located at four fire stations, the golf course, the landfill, and the City’s Municipal Services Center (MSC). The fuel types dispensed in Fiscal Year 2008 included unleaded, diesel, bio-diesel, and CNG. Existing controls at the fueling stations and pumps require employees to enter the vehicle or equipment unit number, the mileage of the vehicle or equipment, and the employee number before fueling. If the data is valid, the centralized computer allows the fuel to be dispensed. Our test of the controls at the fueling stations indicated the controls worked as designed and fueling transactions were recorded in the fleet’s fuel management system. However, we also found transactions showing fuel had been dispensed to vehicles that were not yet in the fleet, vehicles that were no longer in the fleet, and unusual fueling patterns. For example:  Gas was pumped for 3 months after the date a Caterpillar loader was disposed.  A 2004 Ford F-250 showed activity 5 months before it was placed in service.  A Ford F-250 showed unusual gas pumping activity from pumping every two weeks to pumping every 2-3 days. These unusual transactions were not identified or investigated further to identify the causes. According to PWD fleet management, these types of discrepancies can occur when an old vehicle has not been deleted from the fuel management system; when a new vehicle is prematurely entered into the database; or when an employee enters incorrect vehicle numbers. According to PWD fleet management, other vulnerabilities existed. For example,  One departmental fuel code can cover numerous fuel cans and pieces of small equipment. This internal control weakness makes the fueling system susceptible for employees to dispense fuel into gas containers for personal use and to charge their department for the fuel.  Employees could fuel vehicles and equipment by entering obsolete account numbers. We could not determine if fuel pumped under these numbers were for legitimate uses.  The City’s fleet manager also reported an employee was caught taking fuel for his personal vehicle by entering the number of a vehicle in the City fleet. City staff investigated the incident and discharged the employee. Without improved controls, fuel losses would be difficult to detect, PWD fleet management is aware of these issues and in 2006, sought funding to implement a new fuel system. However, Public Works subsequently found that the system did not provide fully automated fueling and integration into the existing fleet management software. In June 2009, Public Works initiated steps to implement a new fuel transaction management system, called FuelFocus, to mitigate these risks. Public Works received Council approval to implement a new fueling system for three of the Attachment 1 -37- seven stations with the highest activity. According to Public Works, the new fuel system should provide improved controls to reconcile fuel purchases and inventories and limit fuel access. In our opinion, PWD fleet management should complete the implementation of the fueling system for all City fuel pumps and provide an evaluation of its effectiveness in improving internal controls over fuel pump transactions. RECOMMENDATION # 20: PWD fleet management should complete implementation of the fueling system at all City fuel pumps and evaluate its effectiveness at providing internal controls over fuel pump transactions. Vehicles and equipment were not consistently secured or locked Fleet policies frequently require drivers to lock and secure vehicles and equipment when not in use. The City’s vehicle and equipment policies do not contain a similar requirement. During the audit fieldwork, we conducted a physical inspection of 26 randomly selected City vehicles. At the Municipal Services Corporation (MSC) lot, we found the keys for 10 of the Utility – Electric Operations trucks left in the ignitions with the doors unlocked. Exhibit 7: Picture of Keys Left in Unlocked Vehicle During Physical Inspection During our inspection, the MSC entry gates were also left open and unsecured, leaving the unlocked vehicles vulnerable. We also found an unlocked Palo Alto Utilities truck parked at the Stanford Medical Center with the keys in the ignition. We shared our findings with the Utilities Department and the department directed staff to cease this practice. During our follow-up inspection in March and April 2009, we found that all of the Utilities trucks were secured and the keys removed, with one exception. Based on our advice, the employee removed the keys and secured the vehicle. The importance of securing City vehicles is demonstrated by two examples. In October 2007, someone stole a CSD-Parks pickup truck from the MSC when an employee left the keys in the unlocked vehicle overnight and the MSC gate was left open and unsecured. Fortunately, the City recovered the stolen vehicle. In a second example, several pieces of equipment valued at $16,000 were stolen from 3 Utilities Attachment 1 -38- service trucks when the items were left unsecured on or in the vehicles. The theft included two dirt compactors, a gas generator, a camera reel, and a digital camera. In our opinion, the Public Works Department should include requirements for securing vehicles and equipment within the fleet policies and procedures, and departments should ensure compliance by all employees. RECOMMENDATION # 21: PWD fleet management should include requirements for securing vehicles and equipment within the fleet policies and procedures, and departments should ensure compliance by employees. A physical parts inventory had not been conducted for at least six years and the valuation of the inventory was not verifiable. An accurate and complete parts inventory is important to ensure needed parts are available for quick and efficient maintenance and repair of the City fleet. Parts purchases for FY 2009 totaled $797,282. Although PWD fleet management reports an inventory valuation is provided to the City’s accounting section at the end of each fiscal year, we could not verify the amount. We tested the parts inventory and discovered that the inventory listing was not updated for new or utilized parts, the inventory database was not accurate, and a physical inventory had not been conducted for at least 6 years. In addition, access to the inventory storage was not secured. As a result, we were unable to determine whether parts had been properly accounted for or if the parts inventory was efficiently or effectively utilized. Considering the dollar amount of the inventory purchases, we recommend that the PWD fleet management staff conduct regular inventories of the City auto parts, develop a system to ensure the database is accurate and complete, and secure access to the auto parts inventory. According to PWD fleet management, now that it is fully staffed, it is constructing a secure stockroom area and is surveying the existing inventory. RECOMMENDATION # 22: PWD fleet management should conduct regular inventories of auto parts, develop a system to ensure the parts database is accurate and complete, and secure access to the auto parts inventory. Attachment 1 -39- CONCLUSION Improvements can be made to reduce the cost and size of the City’s vehicle and equipment fleet, provide funding stability, and to strengthen internal controls over fuel and parts inventory. The audit recommends alternatives to permanently assigning vehicles and equipment to individual users and departments. These alternatives include implementation of a centralized Citywide vehicle and equipment pool, rotating vehicles, exploring opportunities to rent specialized equipment or seasonal use equipment, and increasing usage of mileage reimbursement. Cost-effective utilization criteria should be developed, along with a Vehicle/Equipment Review committee to evaluate exemptions using established criteria. PWD fleet management has already taken steps to initiate improvements, including the implementation of a temporary freeze on non-urgent fleet replacements and review of underutilized vehicles. RECOMMENDATIONS RECOMMENDATION # 1 Public Works Department fleet management should continue to freeze replacement of non-urgent vehicles and equipment until it can reduce the size of the fleet and increase utilization. RECOMMENDATION # 2 Public Works Department fleet management should develop an action plan for increasing fleet utilization and identify an optimal fleet size and composition that includes eliminating or re-assigning underutilized vehicles, exploring opportunities to rent specialized equipment or seasonal use of equipment, not replacing vehicles, utilizing mileage reimbursement, rotating vehicles, and placing underutilized vehicles and equipment in a central motor pool. RECOMMENDATION # 3 The Public Works Department fleet management should complete implementation of a centralized Citywide vehicle and equipment pool, and make the Citywide pool accessible to all departments.   RECOMMENDATION # 4 The City Manager’s Office and the Public Works Department fleet manager staff should review the fleet’s minimum utilization standards and consider increasing the standards to more cost-effective levels. RECOMMENDATION # 5 The City Manager’s Office should establish a Vehicle/Equipment Review Committee with representatives from Public Works Department fleet management, Administrative Services Department’s Budget staff, and the City Manager’s Office to review vehicle and equipment replacements and exemption requests to the utilization requirements. Attachment 1 -40- RECOMMENDATION # 6 Public Works Department fleet management should develop written standards, forms, and assessment criteria for the Vehicle/Equipment Review Committee in their evaluations of fleet utilization such as: number of similar units in the fleet, average annual miles/hours of similar units, consideration and description of special uses, cost- benefit of retaining the item in terms of program efficiency and service delivery, and mechanical condition. RECOMMENDATION # 7 Public Works Department fleet management should conduct routine annual utilization assessments to identify vehicles and equipment for retirement, redeployment, inclusion into a centralized vehicle and equipment pool. Public Works Department fleet management should provide this information for the Vehicle/Equipment Review Committee to review the appropriateness of vehicle and equipment exemptions based on established criteria from Recommendation # 6 (above). RECOMMENDATION # 8 Public Works Department fleet management should have the authority and responsibility to manage and operate the City fleet to ensure optimized sue of fleet resources. RECOMMENDATION # 9 Public Works Department fleet management should improve the replacement evaluation process through the following: revise the written policies to clarify replacement criteria, reinstate mechanical evaluations as part of the evaluation criteria for replacing vehicles (e.g. vehicles requiring cost-prohibitive repairs vs. those in good mechanical condition); and incorporate utilization requirements as part of the evaluation criteria to help ensure underutilized vehicles are not replaced. RECOMMENDATION # 10 Public Works Department fleet management should revise the policy and procedures to clarify the take-home policy and conduct routine follow-ups with departments to document adherence to the policy. RECOMMENDATION # 11 Public Works Department fleet management should establish a process to approve and evaluate requests to add to the City fleet. These requests should identify the budget impact of the addition and funding for on-going maintenance and replacement costs, the need for the addition including utilization of similar units, and the feasibility of other alternatives such as mileage reimbursement, rental, pooling, or sharing of similar units. Attachment 1 -41- RECOMMENDATION # 12 Public Works Department fleet management should maximize use of Police Department patrol sedans and motorcycles, and Fire Department fire engines, by rotating vehicle assignments among lower and higher use areas. RECOMMENDATION # 13 Public Works Department fleet management should develop written criteria for assessing the need of non-rolling stock equipment. RECOMMENDATION # 14 Public Works Department fleet management should routinely review the database inventory for completeness and accuracy and develop necessary processes for departments to provide accurate and timely utilization data. RECOMMENDATION # 15 Public Works Department fleet management and Administrative Services Department Budget should revise the methodology for charging user departments to include the total cost of operating the City fleet and Capital Improvement Project budget needs over the five-year Capital Improvement Project cycle. RECOMMENDATION # 16 Administrative Services Department Budget Division and Public Works Department fleet management should revise the budget process to show fleet costs within each department’s line item budget.   RECOMMENDATION # 17 Requests for fleet purchases should identify and budget an amount for on-going maintenance, operation, and replacement costs. RECOMMENDATION # 18 Public Works Department fleet management and the City Manager’s Office should develop a strategy to align future fleet replacements with the City’s other strategies that promote Climate Protection Plan goals. RECOMMENDATION # 19 Public Works Department fleet management should develop a system to reconcile fuel purchases, balances, and consumption reports. RECOMMENDATION # 20 Public Works Department fleet management should complete implementation of the fueling system at all city pumps and evaluate its effectiveness at providing internal controls over fuel pump transactions. Attachment 1 -42- RECOMMENDATION # 21 Public Works Department fleet management should include requirements for securing vehicles and equipment within the fleet policies and procedures, and departments should ensure compliance by employees. RECOMMENDATION # 22 Public Works Department fleet management should conduct regular inventories of auto parts, develop a system to ensure the parts database is accurate and complete, and secure access to the auto parts inventory.       Attachment 1 POLICY AND PROCEDURES 4-01/PWD Revised: April 2005 ATTACHMENT B Equipment Management Division Fleet Replacement Criteria The following serves as a general guideline for replacing vehicles and equipment based on usage, operating costs, and downtime. Adjustments in time or miles will be made to replacement criteria for individual units as conditions warrant. CLASS 01-AUTOMOBILES COMPACT/INTERMEDIATE/WAGON 7 YEARS/70,000 MILES POLICE/FIRE STAFF CARS 5 YEARS/70,000 MILES CLASS 02-AUTOMOBILES POLICE UNDERCOVER (in police service) 4 YEARS/50,000 MILES CLASS 03-POLICE PATROLS FULL-SIZE PATROL SEDANS 4 YEARS/85,000 MILES CLASS 04-TRUCKS TO 3/4 TON COMPACT/STANDARD PICKUPS 7 YEARS/70,000 MILES PICKUPS ON CALL 3 YEARS/70,000 MILES VANS/SERVICE BODIES 7 YEARS/70,000 MILES CLASS 05 TO CLASS 07-TRUCKS TO 24K LBS. TRUCKS WITH GAS ENGINE 8 YEARS/ 80,000 MILES TRUCKS WITH DIESEL ENGINE 0 YEARS/100,000 MILES CLASS 08 TO CLASS 11-VARIOUS TRUCKS OVER 24K LBS. TRUCKS WITH SERVICE BODIES/DUMPS 10 YEARS/100,000 MILES TRUCKS WITH AERIAL LIFTS 10 YEARS/100,000 MILES CLASS 12-AMBULANCES TYPE III UNIT COMPLETE 4 YEARS/85,000 MILES RECHASSIS MODULE 4 YEARS/85,000 MILES Page 13 of 15 Attachment 1 POLICY AND PROCEDURES 4-01/PWD Revised: April 2005 CLASS 13-FIRE APPARATUS PUMPER ENGINES 20 YEARS/85,000 MILES TRUCK AERIALS 15 YEARS/50,000 MILES CLASS 14 TO CLASS 15-STREET SWEEPERS 3 WHEEL SWEEPERS 6 YEARS/60,000 MILES 4 WHEEL SWEEPERS 7 YEARS/60,000 MILES CLASS 16-PARKING SCOOTERS 3 WHEEL MOTORCYCLE - GAS 5 YEARS/15,000 MILES 3 WHEEL MOTORCYCLE - ELECTRIC 7 YEARS/20,000 MILES CLASS 17-BACKHOES SMALL BACKHOE 10 YEARS/5,000 HOURS LARGE BACKHOE 10 YEARS/6,000 HOURS CLASS 18-TRACTORS SMALL TRACTORS 12 YEARS/5,000 HOURS LARGE TRACTORS 10 YEARS/6,000 HOURS CLASS 19-REFUSE EQUIPMENT LANDFILL DOZERS 7 YEARS/10,000 HOURS LANDFILL COMPACTOR 6 YEARS/10,000 HOURS SCRAPER 10 YEARS/10,000 HOURS LOADER 8 YEARS/ 6,000 HOURS CLASS 20-FORKLIFTS VARIOUS MODELS 10-15 YEARS CLASS 21 TO CLASS 22-AIR COMPRESSORS AND CHIPPERS 180 CFM COMPRESSOR 10 YEARS/5,000 HOURS TOWED CHIPPER 10 YEARS/7,000 HOURS CLASS 23 TO CLASS 28-METERED AND NONMETERED MISCELLANEOUS CONSTRUCTION 5-15 YEARS/5,000 HOURS EQUIPMENT, GENERATORS AND TRAILERS Page 14 of 15 Attachment 1 POLICY AND PROCEDURES 4-01/PWD Revised: April 2005 CLASS 25-STANDBY GENERATOR SETS 500 KVA UNITS 15 YEARS/5,000 HOURS CLASS 30-MOTORCYCLES VARIOUS MODELS 5 YEARS/25,000 MILES Page 15 of 15 Attachment 1 -26-   This page intentionally left blank   Attachment 1 -47- Attachment 1 brought to Council if a Budget Amendment Ordinance or approval of contract is required. Equipment Management will procure and maintain fleet assets in the most cost effective and efficient manner in order to support City programs and service delivery. RECOMMENDATION #2 PWD Fleet Management should develop an action plan for increasing fleet utilization and identifY an optimal fleet size and composition that includes eliminating or re-assigning underutilized vehicles, exploring opportunities to rent specialized equipment or seasonal use of equipment, not replacing vehicles, utilizing mileage reimbursement, rotating vehicles, and placing underutilized vehicles and equipment in a central motor pool. Agree PWD Equipment Management initiated a review of underutilized vehicles which resulted in four vehicles being voluntarily returned by the departments. Staff will continue to evaluate transport vehicles already identified as underutilized, and will follow with an assessment of metered equipment. The City's vehicle policy will be revised to detail a more stringent review and approval process. The revision will incorporate the FRC's role and authority, and will include forms and documents that will be utilized in the review process. Due to timing and existing workload in PWD Equipment Management and the Administrative Services Department, staff will seek outside assistance to compile, analyze and report out on recommendations relative to vehicle assignment, rotation and utilization; the outsourcing of specialized equipment needs; motor pool options; mileage reimbursement, and pool car alternativlls. This goal of this effort will be to maximize the utilization of fleet resources, and to improve the cost-effectiveness of the City Fleet in support of City programs; while assuring reliable service delivery. The City Manager has included a placeholder of $483,000 in the Vehicle Replacement and Maintenance Internal Service Fund proposed in the FY 20 II budget as expected budget savings from improved cost-effectiveness of the fleet. RECOMMENDATION # 3 The Public Works Fleet Management should complete implementation of a centralized Citywide vehicle and equipment pool, and make the Citywide pool accessible to all departments. Agree Staff has already commenced the implementation of a centralized, automated pool vehicle reservation system, beginning with existing pool vehicles located at located at the Municipal Service Center. This phase is scheduled for completion by sununer 2010. The next phase will involve the addition of existing Civic Center pool vehicles to the automated system, and is scheduled for completion by June 20 11. In order to include other City facilities such as Lucie Stem, Elwell Court, and the libraries in the automated system, additional funding may be necessary. Staffwill discuss the inclusion of additional funding with the Administrative Services Department as we prepare the FY 2012 budget. -47- Attachment 1 RECOMMENDATION # 4 The City Manager's Office and the Public Works Fleet Manager staff should review the fleet's minimum utilization standards and consider increasing the standards to more cost· effective levels. Agree PWD Equipment Management will review current utilization standards in conjunction with the FRC. These standards include thresholds for mileage, engine hours and days used dependent upon the type of equipment. It should be noted that utilization guidelines, in order to be successful, be driven not only by cost comparisons with other agencies and the private sector; but also with the understanding that the City must own certain types of vehicles and equipment in order to provide timely services to the public as well as to fulfill its emergency response obligations. The composition of the City's fleet is somewhat unique due to the City's ownership of a full· service public utility, Water Quality Control Plant and landfill. The necessary vehicles and pieces of equipment associated with these activities do not always meet established utilization criteria, so they may need to be exempted or monitored against different criteria such as days of use rather than engine hours, or engine hours rather than miles. Given the City's small service area (26 square miles, with 1/3 of that being open space), mileage thresholds cannot be the only evaluation criteria. Staff could implement a new RFID system at the MSC and Civic Center if funding is available. The system would monitor the movement of all rolling stock, including trailers, which would pass RFID readers located at entry points enabling tracking and documentation for days used. RECOMMENDATION # 5 The City Manager's Office should establish a VehiclelEquipment Review Committee with representatives from Public Works Fleet Management, Administrative Services Department's budget staff, and the City Manager's Office to review vehicle and equipment replacements and exemption requests to the utilization requirements. Agree PWD Equipment Management will work collaboratively with the Administrative Services Department and the City Manager via a newly created Fleet Review Committee (FRC) to make fleet size and replacement decisions. The FRC is comprised of the Fleet Manager, Budget Manager, and a representative from the City Manager's Office. The FRC will review utiliZation, and conduct programmatic analysis applying the revised guidelines and vehicle policy to ensure efficiency and cost effectiveness of fleet replacements and purchases. -47- Attachment 1 RECOMMENDATION # 6 Public Works Fleet Management should develop written standards, forms, and assessment criteria for the VehiclelEquipment Review Committee in their evaluations of fleet utilization such as: number of similar units in the fleet, average annual mileslhours of similar units, consideration and description of special uses, cost-benefit of retaining the item in terms of program efficiency and service delivery, and mechanical condition. Agree PWD Equipment Management and the Administrative Services Department will seek outside assistance to compile, analyze and report out on recommendations relative to vehicle assignment, rotation and utilization; the outsourcing of specialized equipment needs; motor pool options; mileage reimbursement, and pool car alternatives. The goal of this effort will be to maximize the utilization of fleet resources, and to improve the cost effectiveness of the City Fleet in support of City programs; while assuring reliable service delivery. Once findings are complete the City's Vehicle Policy will be revised and will include standards, forms and assessment criteria to be utilized by the FRC. RECOMMENOATION # 7 Public Works Fleet Management should conduct routine annual utilization assessments to identify vehicles and equipment for retirement, redeployment, or inclusion into a centralized vehicle and equipment pool. PWD Fleet Management should provide this information for the VehiclelEquipment Review Committee to review the appropriateness of vehicle and equipment exemptions based on established criteria from Recommendation #6 (above). Agreed Fleet utilization and requests for exemption or additions will be reviewed by the FRC as part of the armual budget process and creation of the five-year CIP plan. RECOMMENDATION # 8 Public Works Fleet Management should have the authority and responsibility to manage and operate the City fleet to ensure optimized use of fleet resources. Agree Per City Municipal Code 2.08.190 (11) the responsibility ofthe Equipment Management division of the Public Works Department, is defined as follows: "To coordinate the needs of the city departments in their requirements for motorized equipment, to operate the city garage, actively supervise a preventative maintenance program, keep the operating records of all motorized equipment used or operated by the city, monitor the use of pool cars, and maintain fuel sites at city facilities;". Staff will restate this authority and responsibility within the revised Vehicle -47- Attachment 1 Policy. In addition, the FRC will lend a Citywide perspective and a greater level of authority to decisions regarding the management of fleet resources. RECOMMENDATION # 9 PWD Fleet Management should improve the replacement evaluation process through the following: revise the written policies to clarify replacement criteria, re-instate mechanical evaluations as part of the evaluation criteria for replacing vehicles (e.g. vehicles requiring cost- prohibitive repairs vs. those in good mechanical condition); and incorporate utilization requirements as part of the evaluation criteria to help ensure underutilized vehicles are not replaced. Agree PWD Equipment Management will include/clarify replacement criteria within the revised Vehicle Policy. This criteria will include the reinstatement of formal mechanical evaluations as part of the replacement analysis. RECOMMENDATION # 10 PWD Fleet Management should revise the policy and procedures to clarify the take-home policy and conduct routine follow-ups with departments to document adherence to the policy. Agree PWD Equipment Management did revise the Vehicle Policy to include new take-home guidelines in January 2008. The draft was submitted to the City Manager's office for review and approval. Due to staffing changes, staffing shortages and higher priorities the review of the revised policy has been placed on hold. PWD Fleet Management will withdraw this submittal and incorporate this revision in the overall revision of the Vehicle Policy. The new take-home policy will include a form for departments to use to document their compliance with the policy. RECOMMENDATION # 11 PWD Fleet Management should establish a process to approve and evaluate requests to add to the City fleet. These requests should identify the budget impact of the addition and funding for on-going maintenance and replacement costs, the need for the addition including utilization of similar units, and the feasibility of other alternatives such as mileage reimbursement, rental, pooling, or sharing of similar units. Agree The newly created Fleet Review Committee (FRC) will make fleet size and replacement decisions, review utilization, and conduct programmatic analysis applying the revised guidelines and vehicle policy to ensure efficiency and cost effectiveness of fleet replacements and -47- Attachment 1 purchases. Newly created forms used in this review process will include budgetary impact information. RECOMMENDATION # 12 Public Works Fleet Management should maximize use of Police Department patrol sedans and motorcycles, and Fire Department fire engines, by rotating vehicle assignments between lower and higher use areas. Agree PWD Equipment Management will continue to provide usage data to the Police and Fire Departments to enable staff to analyze vehicle assignments within their departments and develop rotation plans. RECOMMENDATION # 13 Public Works Fleet Management should develop written criteria for assessing the need of non- rolling stock equipment. Agree PWD Equipment Management will include/clarifY non-rolling stock guidelines within the revised Vehicle Policy. This criteria will include the reinstatement of formal mechanical evaluations as part of the replacement analysis. RECOMMENDATION # 14 Public Works Fleet Management should routinely review the database inventory for completeness and accuracy and develop necessary processes for departments to provide accurate and'timely utilization data. Agree For the last two years, staffing shortages have prevented timely update and review of some types of fleet data. Now that Equipment Management is nearing full staff, our usual update and review process will be reinstituted. RECOMMENDATION # 15 PWD Fleet Management and ASD Budget should revise the methodology for charging user departments to include the total cost of operating the City fleet, and project CIP budget needs over the five-year CIP cycle. Agree -47- Attachment 1 PWD Equipment Management and ASD staff have been working collaboratively on restructuring Fleet's SAP cost center structure so that it more accurately reflects the way cost categories are organized within the fleet database. Division activities such as in-house maintenance, contract maintenance, parts operations, fueling and motor pool operations have been segregated in SAP to facilitate the ready and accurate capture of expenditure information. At the same time, staff has revised the cost accounting methodology to more accurately capture all costs associated with managing the fleet. The new methodology has been applied to the departmental allocations submitted to ASD Budget for the FY 2011 budget. In addition PWD Equipment Management developed a five-year projection which is included in the FY 2011 CIP. RECOMMENDATION # 16 ASD Budget Division and PWD Fleet Management should revise the budget process to show fleet costs within each department's line item budget. Agree The ASD Budget Division currently budgets for fleet costs in each department's line item budget as allocated charges from the the Vehicle Replacement and Maintenance fund, which is an Internal Service Fund. This type of fund provides goods or services to other funds on a cost- reimbursement basis. Allocated charges are an acceptable method of recovering costs for centralized services, including indirect costs. As with other allocated charges in the City's budget, fleet costs are distributed to each department based on an allocation formula. This formula takes into account the cost of replacing and maintaining the vehicles assigned to each department. This is similar to the distribution of allocated charges for computer replacement and maintenance and printing and mailing costs. All allocated charges are based on the internal service fund model of centralizing costs for a specific aspect of the operation and then allocating those costs based on a reasonable method. Allocated charges currently appear in SAP financial reports and will continue to appear in the budget detail within individual department budgets. During the development of the annual budget, a committee of ASD and PW staff will review department fleet requests in relation to other options including mileage reimbursement. During the budget process departmental requests for additions to the fleet will be evaluated with other department requests to ensure that the department has considered the budget tradeoffs. The goal of this step will be to limit the overall increase in departmental budgets that is due to vehicle requests. It is important to point out that past budget decisions made by staff during years of budget constraints have resulted in a decrease in the cost of the fleet, which has resulted in reduced budget expense for departments in the General.Fund. This demonstrates the current approach to assessing fleet costs, which is done on an annual basis. The steps outlined above should enhance this l\llllual budget process by incorporating the decisions at the department level. -47- Attachment 1 RECOMMENDATION # 17 Requests for fleet purchases should identify and budget an amount for on-going maintenance, operation, and replacement costs. Agree It is staff's general rule, with some minimal exceptions, to budget for on-going maintenance, operation, and replacement costs. An example of an exception is in the case of unique equipment like the Police Mobile Command Vehicle, which was acquired with grant funding, however there is no replacement charge budgeted. In addition, in past years where the Oeneral Fund could not sustain increases the allocation were not fully charge. RECOMMENDATION # 18 PWD Fleet Management and the City Manager's Office should develop a strategy to align future fleet replacements with the City's other strategies that promote CPP goals. Agree. As the City further refines its Climate Protection goals and strategies, staff will review this recommendation and determine opportunities for incorporating a recommended strategy. RECOMMENDATION # 19 PWD Fleet Management should work with the Administrative Services Department and Utilities Department (for CNG) to develop a system to reconcile fuel purchases, balances, and consumption reports. Agree PWD Equipment Management will develop a process for reconciliation of fuel purchases, balances and consumption for submittal to ASD. Staff has begun working with Utilities to develop commodity cost methodologies for CNG sales to City and externally. RECOMMENDATION # 20 PWD Fleet Management should complete implementation of the fueling system at all city pumps and evaluate its effectiveness at providing internal controls over fuel P1.lmp transactions. Agree PWD Equipment Management is currently installing an electronic fueling transaction management system (FueIFocus) which will be fully implemented by December 2010. The Fue1Focus system will replace an existing system that has become increasingly inaccurate and unreliable. -47- Attachment 1 RECOMMENDATION # 21 PWD Fleet Management should include requirements for securing vehicles and equipment within the fleet policies and procedures. Agree The revised Vehicle Policy will include clear guidelines regarding securing of vehicles and equipment. RECOMMENDATION # 22 PWD Fleet Management should conduct regular inventories of auto parts, develop a system to ensure the parts database is accurate and complete, and secure access to the auto parts inventory. Agree In 2006, the existing parts storeroom was moved to a temporary location so that the mezzanine storage areas in the existing parts room could be replaced with structures that met seismic code requirements. The new mezzanines were completed in 2007; however, due to earlier mentioned staffing shortages, PWD Equipment Management has only recently been able to commence moving the inventory into the new secure, dedicated parts storeroom. All parts and supplies will be surveyed, inventoried and moved to their new location by December 2010. After the initial inventory reconciliation is complete, PWD Equipment Management will reinstitute quarterly inventory counts in accordance with Division policy. Attachment 2 1 FINANCE COMMITTEE Regular Meeting Tuesday, April 20, 2010 4. Audit of Fleet Utilization and Replacement. City Auditor, Lynda Brouchoud offered an overview of the $3 million savings identified in the report. She said that $2.5 million had already been realized through the deferred fleet replacement. She said there was an annual cost of $396,000 for the underutilized transport vehicles. In the proposed budget the City Manager has included a $483,000 savings for fleet efficiencies. She said there was another $123,000 identified through fuel recoveries due to alternative fuels. She said the scope of the audit was to review the economy and efficiency of the program. To accomplish this Staff analyzed City policies for replacement as well as utilization requirements. They reviewed the internal controls of fuel purchases and the fleet management strategy for climate projection goals. They focused on FY 07-09 and on non-emergency vehicles. She said that in 2009 the City had 630 units, 461 were rolling stock. Public Works valued the fleet at $32 million before depreciation and $10.5 million after depreciation. The Vehicle Replacement Fund was responsible primarily for the operations, maintenance, and replacement of most of the City’s fleet. She said the report consisted of three primary findings. Although the City avoided spending about $2.5 million in Fiscal Year 2010, longer term efficiencies could be realized through reducing the fleet. She said that 35% of the transport vehicles did not meet the minimum use requirement in FY 08-09. Out of the special purpose or work platform vehicles 25% did not meet the minimums. A potential reason for this was that there was not a central vehicle pool where employees could use vehicles, there were several pools and they were manually managed. The one piece they looked at for emergency vehicles was on the varying use. For example, the 25 marked police cars had wide varying use. In one year it varied from 1,100 miles to over 36,000 miles. It was recommended that those vehicles rotate to more evenly distribute the mileage and extend the life of the vehicles. Criteria assessing the need for the non-rolling stock materials should be created. She also said that the information in the Public Works database should be kept current. She said that Public Works had taken Attachment 2 2 some proactive steps based on the findings. She said the second finding focused on the funding stability of the vehicle replacement fund. In FY 06-08 the expenses exceeded the revenues. Revenues were mainly generated through the charges of the expenses to the departments that used the fleet. They found that the charges were not enough to cover the fleet costs. The costs that were distributed were done by allocated charges which did not allow the departments control over the line items in their budget. Mileage reimbursement was included in a department’s line items. She said, the audit also has a recommendation about the Climate Protection Plan. In Fiscal Year 2009 the City had about 87 CNG vehicles and 3 hybrid vehicles. There has been a lot of developments in the field and it would be a good time to take advantage of new technology and have a strategy in place. The third finding had to do with the fuel and parts inventory. Between the Compressed Natural Gas vehicles (CNG), and the unleaded and diesel fuel vehicles, the consumption reports did not match with the balances that were provided. There were also issues with vehicles not being locked at the Municipal Services Center (MSC). She recommended policies were revised to cover this. The parts inventory could not be verified as there had not been an inventory done in a number of years. Council Member Klein said that 7-8 years ago the vehicle usage requirement was reduced. He said there was no explanation as to why that happened. It seemed counter intuitive as the vehicles become more reliable. Director of Public Works, Glen Roberts said there were three criteria for annual utilization. He explained that it was 2,500 miles per year, or 220 days per year, or, for equipment, 50 hours per year. He said that many of the vehicles may be utilized less than 2,500 miles but were utilized 220 days per year. He said it makes sense because Palo Alto was condensed. He added that Staff agreed with the City Auditor that the process needed to be refined. Council Member Klein said the geography of the City had not changed since the utilization requirements had changed. He said he was trying to find ways to be more efficient. He added that if using a City car to drive from City Hall to the Service Center, there should be a centralized pool. Mr. Roberts said that from either place just about every location in the City could be reached in less than five miles. Vehicles could be used every day and accumulate 2,500 miles, it was not a case of them driving solely between MSC and City Hall. He said that several vehicles on the list were used by Building Inspectors who drive out virtually every day to perform site inspections, but they were still used less than 2,500 miles. He addressed the replacement cycle Attachment 2 3 by stating that the annual mileage usage threshold was lowered at the same time the replacement cycle was lengthened. Council Member Scharff asked when the vehicle reservation system would be implemented. Mr. Roberts said Staff was projecting to have a reservation system up by the end of the calendar year. He added that there would still be some need to have a bit of decentralization. Council Member Scharff asked if the reservation system would allow users to choose which location the reservation was for. Mr. Roberts said yes. Council Member Scharff asked about the three criteria. He asked what the advantage would be to changing it to 5,000 miles instead of 2,500. Mr. Roberts said the 5,000 level was causing them to target many vehicles creating a need for more reviews. Council Member Scharff asked if the system should track the criteria. Otherwise, the 2,500 was a proxy for the 220 days or the 50 hours , then you see if you meet the other two criteria and this might not be the most efficient approach. Mr. Roberts said Staff was working toward better track utilization logs. Council Member Scharff stated that he felt the fleet was over stocked, and asked if it was going to be reduced when the new system was implemented. Mr. Roberts said it was their goal to reduce the size of the fleet, the expense of the fleet and improve the utilization. He said that in order to accomplish this they must review the budget issues that may affect the need of vehicles and evaluate the specific vehicles with the client departments. Council Member Espinosa asked about Staff’s consideration of the shared bicycle plan and how it would affect the vehicle use rates. Ms. Brouchoud said it’s a great idea. We don’t have available data at this time, but it brings up ideas that you could have the reservation system also apply to bicycles. They made general recommendations and hope Public Works will Attachment 2 4 utilize the whole tool kit such as having a reservation system, utilizing mileage reimbursement, with some exceptions for the unique situations Mr. Roberts referred to. Those should be the exception and not the default, especially in looking at the cost of having underutilized vehicles. Mr. Roberts said it was in place through the Community Services Department. He said there was some utilization during appropriate weather. Council Member Espinosa said he would be interested in the City Auditor’s comments on the implementation plans. Chair Schmid said that while some vehicles were used every day they were being used for round trips and then sitting all day. Fifty hours wasn’t very much when there were several thousand hours in the work year. He asked if there was a metric of emergency services when several pieces of equipment were required at the same time. Mr. Roberts said the hour issue was an hour meter on the equipment that measured the amount of time it was actually running. He said that during transport, and during the time the worker was completing other tasks on the job site, the meter wasn’t running. It was not a good indicator of the 2,080 hour work year. He said that most of the emergency equipment was in Public Works and Utilities. Chair Schmid asked about the 16.5 fleet maintenance employees, with low usage rates the maintenance should not be that great. Mr. Roberts said the bulk of their time was spent on heavy equipment, not on regular vehicles. There were two managers for 14 people. That Staffing level had been reviewed several times, for the current fleet mix was it a valid staffing ratio. He said it had been considered to change the sourcing on the sedans and light trucks to an outside contract which would include maintenance. Ms. Brouchoud, returning to the presentation, said they were recommending a replacement freeze of non urgent vehicles until the analysis of the under- utilized vehicles was complete. They were recommending that the City Manager and Public Works consider increasing the fleet utilization requirements and identify an optimal fleet size. They recommended a tool kit approach where all opportunities were available such as renting, pooling, etc. She said a best practice would be to have a committee from a variety of departments that could review these options. Conducting annual assessments to cover programmatic changes should be looked at. Public Works should have the Attachment 2 5 authority to manage the fleet. They recommended revising Vehicle Policies and Procedures to address areas on the report, revising the methodology for the distribution of charges among the client departments, identifying the budget impacts for additional units, and developing systems for reconciliation of fuel purchases and inventory balances. She said that Pubic Works has reviewed fleet utilization and already reassigned four vehicles. They were in the process of implementing a reservation system and installing an electronic fueling system. She said there would be some challenges in implementing the recommendations. Cultural and procedural changes would be needed. Council Member Scharff asked about the implementation of revising the methodology for charging the client departments. Mr. Roberts said it was a cross departmental effort. Public Works identified the replacement costs, allocation spreadsheets which then were forwarded to Administrative Services who added that to the department budget through allocated charges. They have not been able to track well with the inflated cost of the vehicles. Administrative Services Director, Lalo Perez added that it was important to note that in prior budgets they made funding decisions to not fully fund the replacement costs of the vehicles in order to accomplish one-time savings. Council Member Scharff said that when an employee makes a choice to use a vehicle, the usage should affect the budget in a way that provides the department head with an incentive to control the cost. He asked if that was the vision of the recommendations. Mr. Perez said that Staff agreed with that vision, but it would take longer to implement. They would have to review expanding the car allowance policy as it might cost less to offer a car allowance rather than the use of a car. Council Member Scharff asked if the City was going to move away from having a compartmentalized department based fleet toward a City fleet. Mr. Roberts said that was the common vision. To address the issue of putting employees on a mileage reimbursement plan he said, there were some conflicting policy issues, for example employees that did not commute to work using their cars would have to start driving to work if they had to use their own cars which might even move them into a car with a larger carbon footprint. He said that issues such as that would be overcome; they just were not yet sure what that would look like. He said the word transport had been used to broadly. These vehicles were not simply transporting people. Many were Attachment 2 6 transporting tools and equipment which needed a home. He said it would not be efficient to have workers move equipment from vehicle to vehicle or store it in their private vehicles. Revising the policies for pure transit vehicles will be a quicker process. Ms. Brouchoud said they did look at this. There were some light pieces of equipment that could be transported between vehicles. The decision would have to be made about the amount of equipment, and whether you could have a pool car with the light pieces of equipment available for different people to use. Council Member Scharff asked if the City Auditor would be part of that committee. Mr. Perez said that typically the City Auditor acted as an advisor rather than a member of a committee. Council Member Scharff asked about take home vehicles. Mr. Roberts said there were two categories of equipment that went home with Staff. The bulk of the take home vehicles are standby vehicles in the fleet that went home with employees on a rotating basis to allow for the employees to respond directly to a site. The second category is exclusive use vehicles, of which there used to be 12, now there were 3 in the fleet. Council Member Klein asked why the purchase of gasoline has increased. Ms. Brouchoud said that should be reviewed. The data the Auditor’s Office received from Public Works actually showed some decreases. This data is based on the fiscal year. The data Mr. Van Orsdol presented last night was on the calendar year basis. But even then, given some of the discrepancies, the data should be reviewed. Council Member Klein asked if Staff could respond to efficiencies regarding the cost of new vehicles with respect to determining what size and type of car to purchase as well as how to determine the best price to pay for it. Ms. Brouchoud said that was not in the scope of the audit. Mr. Roberts said there were specific guidelines regarding the size of the vehicles for given tasks. He said their goal was to purchase the least expensive, lowest carbon footprint vehicle possible for the task. Attachment 2 7 Council Member Klein said that would be expected. He wanted to know if the City Auditor could be a second set of eyes to determine if that was followed through on. Mr. Roberts said that, regarding the price of the smaller vehicles, they try to piggy back on a larger bid, such as one by the State of California, so they get the better price based on quantity. Larger equipment was awarded to the lowest bid. Chair Schmid asked about outsourcing to a regional pool for equipment or with fleet suppliers. Mr. Roberts said there were some aspects of shared use, such as in the Fire Department. They had been meeting with some outside suppliers regarding how that process would work. The budget process has not had this input yet. Mr. Perez said there would be some factor for it in the budget as a placeholder. MOTION: Council Member Klein moved, seconded by Council Member Espinosa that the Finance Committee recommends that the City Council accept the Audit of Fleet Utilization and Replacement, and direct Staff and the City Auditor to report on the success of these implementation efforts to the Finance Committee in January, and direct the City Auditor to determine whether there had been a spike in the purchase of gasoline by the City in 2009 and if so why, and to also direct the City Auditor to determine if the City was buying the right size vehicles, and paying the best price. Council Member Scharff asked to amend the Motion to direct the City Auditor to identify any areas where there had been resistance from Staff. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER that the City Auditor identify any areas where there had been resistance from Staff. Council Member Klein said he did not mean for the vehicle report on the purchase of vehicles to be due in January, but rather that it should be added to the work plan. He added that he regarded this report as an opportunity for significant savings, and for continued cooperation by Public Works, but he said it was unfortunate that there had been that large of a problem. Attachment 2 8 Council Member Espinosa added that the implementation time-line should also be developed. Council Member Schmid said the best metric for this would be the budget in anticipation of what will come. MOTION PASSED 4-0. TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JUNE 14,2010 CMR:259:10 REPORT TYPE: CONSENT SUBJECT: Approval of a Wastewater Treatment Enterprise Fund Contract with Carollo Engineers, P.C. in an Amount of $389,715 for Design of Facility Repair and Retrofit Projects at the Regional Water Quality Control Plant -Capital Improvement Program Project WQ-04011 RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with Carollo Engineers, P.C. (Attachment A) in an amount of $354,286 for engineering design services for facility repair and retrofit projects at the Regional Water Quality Control Plant Capital Improvement Program, Project WQ-04011; and 2. Authorize the City Manager or his designee to negotiate and execute one or more contract revisions to the contract with Carollo Engineers, P.C. for. related additional services as specified in the contract, the total value of which shall not exceed $35,429. DISCUSSION The City engaged a consultant to prepare a Facility Condition Assessment for the Regional Water Quality Control Plant. The study, which was completed in 2006, evaluated the condition of the existing buildings, tanks and other structures, and recommended repairs, retrofits and/or further investigation to correct deterioration or damage sustained in the normal course of aging and of usage. The corrective repairs and retrofits ranged from minor repair of cracks in concrete and coating touchup, to seismic retrofit and extensive coating replacement. The estimated total cost of the recommended repairs and retrofits is $15 million. The first repair and retrofit construction project was completed in 2010 and similar projects are expected to continue on an annual basis through 2025 (fifteen years). Scope of Services Description The scope of work to be performed under this contract is for design and preparation of construction bid documents for two annual repair and retrofit projects -one for construction in FY 2011 and the other for construction in FY 2012, for inspection and support services during construction, and for seismic structural analysis of the Operations Building and the Solids Incineration Building. As currently planned, the project to be designed for construction in FY 2011 includes concrete repairs, sealing cracks in walls, replacing corroded steel members, seismically retrofitting storage racks in the on-site warehouse, and other miscellaneous repairs. The project to be designed for construction in FY 2012 currently has 16 items scheduled for CMR:259:10 Page 1 of3 repair or retrofit -to include installing steel bracing on, and recoating of, walkways in the Solids Handling Building (SHB), making spot repairs to the SHB roof, and other repairs andlor retrofits similar to those in the FY 2011 project. Summary of Solicitation Process Proposal TitlelNumber Design Of Facility Repair And Retrofit Projects At The Regional Water Quality Control Plant -RFP No. 135622 Proposed Length of Project 18 months Number of Proposals mailed &/or 14 emailed Total Days to Respond to Proposal 35 Pre-proposal Meeting Date March 17,2010 Number of Company Attendees at 28 firms Pre-proposal Meeting Number of Proposals Received: 8 Number of Companies Interviewed 3 Range of Proposal Amounts $38,684 to $636,945 Submitted Evaluation of Proposals The 8 proposals exhibited a wide range of price and quality. The submitter of the low price proposal, $38,684, did not address all items of the scope of work and did not understand the project. An evaluation committee consisting of the Regional Water Quality Control Plant Manager and engineering staff reviewed the proposals. Three firms were invited to participate in oral interviews on April 26, 2010. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the Request for Proposal. The criteria used to evaluate the proposing firms included: quality and completeness of proposal; quality, performance, and effectiveness of the work plan; proposer's experience; proposer's ability to perform the work within the time specified; cost; proposer's fmancial stability; proposer's prior record of performance with the City; and proposer's compliance with applicable laws and regulations. Carollo Engineers was selected because of its understanding of needed design services, the quality, innovation and thoroughness and of its proposed work plan, and the professional experience of the key team members. RESOURCE IMPACT Funds for this project are included in the proposed FY2011 and will be included in FY2012 Wastewater Treatment Enterprise Fund Capital Improvement Program project WQ-04011 budget and subject to Council approval. CMR:259:10 Page 2 00 POLICY IMPLICATIONS Authorization of this project does not represent a change in existing policies. ENflRONMffiNTALRE~EW The recommended action is exempt from review under the California Environmental Quality Act Guidelines Section 15301 (b), which includes maintenance of publicly-owned wastewatc:(r facilities involving negligible expansion. ATTACHMENTS Attachment A: Contract PREPARED BY: REVIEWED BY: DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: CMR:259:10 P ADMAKAR M. CHAOBAL, Project Engineer JAMES B. FLANIGAN, Senior Engineer JAMES S. ALLEN Manager, Water Quality Control Plant fL)1JJ - GLENN S. ROBERTS Director of Public Works o Page 3 of3 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO.: C10135622 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, P.C. FOR PROFESSIONAL SERVICES DESIGN OF FACILITY REPAIR AND RETROFIT PROJECTS AT THE REGIONAL WATER QUALITY CONTROL PLANT This AGREEMENT is entered into on this day of June, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and CAROLLO ENGINEERS, P.C., a corporation in the State of Arizona, with offices located at 2700 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94598 ("CONSULTANT"). RECITALS The following recitals are a substantive portion ofthis Agreement. I A. CITY intends to design Facility Repair and Retrofit project No. 1 and 2 ("Project") and desires to engage a consultant to design, engineer and prepare construction documents in connection with the Project ("Services"). . B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses andlor 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 aild made a part ofthis Agreement. - NOW, THEREFORE, in consideration ofthe recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. 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 terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the perfomlance of Services under. this Agreement. CONSULT ANT shall complete the Services within the term ofthis Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made apart of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's· . Professional Services Rev. January 11, 2010 CITY OF PALO ALTO CONTRACT NO.: CI0135622 agreement to extend the tenn or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. . SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT forperfonnance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Three hundred Fifty-four Thousand Two Hundred Eighty-six Dollars ($354,286.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Three Hundred Eighty-nine Thousand Seven Hundred Fifteen Dollars ($389,715.00). The applicable rates and schedule of payment are set out in Exhibit "C-l '~, entitled "HOURLY RATE SCHEDULE," which is at~ached to and made a part of this Agreement. 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 "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l ''). If applicable, the invoice shall ~llso describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's proj ect manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by' CONSULTANT or under CONSULTANT's supervision. CONSULT ANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULT ANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge ~d skill engaged in related work throughout California under the same or sinrilar circumstances. . SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinforrned of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 2 Professional SeIVices Rev. January 11,2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI35622 Design of Facility Repair and Retrofit Projects at the RWQCP\Conlracl C) 0135622 o\ROLLO ENGINEERS. doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 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 CONSUL TANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, 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%) of the CITY's stated construction budget, CONSULTANT shall 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. The CONSULTANT has no control over the cost oflabor, materials, equipment or services furnished by others, or over the construction contractor's method of determining prices, or other competitive bidding or market conditions, practices or bidding strategies. Cost estimates are based on CONSULT ANT's opinion based on experience and judgment. CONSULT ANT cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by CONSULTANT. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULT ANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. ~Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The sub consultants authorized by CITY to perform work on this Project are: 1. JDH Corrosion Consultants, Inc. -Corrosion 3 Professional Services Rev. January II, 20 I 0 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\Contract CI0135622 CAROllO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 2. Bay Area Coating Consultants, Inc. -Coatings and paintings 3. AMEC Geomatrix, Inc. -Geotechnical & soil testing etc. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Rick L. Chan, P.E. as the project director to have supervisory responsibility for the performance, progress, and execution ofthe Services and Mike Dadik, P .E. as the project manager to represent CONSULT ANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, proj ect coordinator, or any other key persOlmel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval ofthe CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion ofthe Project or a threat to the safety of persons or property. The City's project manager is Padmakar Chaobal, Public Works Department, Regional Water Quality Control Division, at 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329- 2287. The project manager will be CONSULTANT's point of contact with respect to perfonnance, progress and execution ofthe Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, ifany, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work and any such reuse of completed documents or use of partially completed documents without written verification or concurrence by CONSULT ANT for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 14.1 City-Provided Information: The CITY shall fumish the CONSULTANT available studies, reports, and other data pertinent to CONSULTANT's services and CONSULTANT shall be entitled to use all such information and services provided by the CITY or others in performing CONSULTANT's services tmder this Agreement. 4 Professional Setvices Rev. January 11, 20 I 0 \\CC-TERRA'jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI35622 Design of Facility Repair and Retrofit Projects at the RWQCP\Contract Cl 0135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during thetenn of this Agreement and for three (3) years thereafter, CONSUL -rANT'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 expn:ation or earlier termination of this Agreement. SECTION 16. INDEMNITY. ~[Option A applies to the· following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered· professional engineerS and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold hannless CITY, its Council members, officers, employees and agents (each an "Indemnified Party') from and against any and all demands, claims, or liability of , any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims') that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. D [Option B applies to any consultant who does not qualify as a design professional as defmed in Civil Code Section 2782.8.) 16.1. To the fullest extent pennitted by law, CONSULTANT shall protect, indemnify, defend and hold hannless CITY, its Council members, officers, employees and agents (each an "Indemnified party") from and against any and all demands, claims, 01' liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses: of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance ()r nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by'an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of ~y breach or violation of any covenant, tenn, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation ofthe same or of any other term, covenant, condition, provision, ordinance or law. 5 Professional Services Rev. January 11, 2010 \\cC-TERRA\jarreol\PURCHDOc\sAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\Conlract ClO135622 CAROLlD ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, ifany, shall obtain a policy endorsement naming CITY as an . additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and aU contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution ofthis Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, 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. 18.4. The procuring of such required policy or policies ofinsurlince will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the. policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend the performance ofthe Services, in whole orin part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 6 Professional Services Rev. January II, 2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI35622 Design of Facility Repair and Retrofit Projects at the RWQCP\Conlract CI 0 135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 19.4. Upon such suspension or termination by CITY , CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, ifthis Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and iminediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher 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 hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk . City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or inciirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State ofCalifomia. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in.Palo Alto Municipal Code section ·2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it shall not discriminate in: the employment of any person because of the race, skin color, gender, age, religion, Professional Services Rev. January 11, 2010 7 \\CC-TERRA \jarreoIIPURCHDOC\SAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\Contract ClO135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: Cl0135622 disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT aclmowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REOUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available a:t the city's Purchasing Department which are incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse; recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or compo sting waste. ill particular, Consul!ant shall comply with the following zero waste requirements: ., • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved . by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant; at rio additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subj ect to the fiscal provisions of the Charter ofthe City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 24.2. 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. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 8 Professional Services Rev. January 11,2010 \\CC-TERRA~arreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI35622 Design ofFacilily Repair and Retrofit Projects at the RWQCP\Contracl CI0135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 25.2. fu 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. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in comlection 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. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreementwill apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the ' parties. 25.6. Ifa court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this 4greement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 24.10 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defmed in California Civil Code section 1798.81.5( d) about a California resident ("Personal fuformation"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal fuformation, and shall infortn City immediately upon learning that there has been a breach in the security of the system or in the security ofthe Personal fuformation. CONSULTANT shall not use Personal fuformation for direct marketing purposes without City's express written consent. .24.11 The services to be performed by CONSULTANT are intended solely for the benefit of the CITY. 24.12 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. January 11,2010 \\CC-TERRA\jarreo!\PURCHDOc\sAP Bids and Proposals\RFP\RFPI35622 Design of Facility Repair and Retrofit Projects at the RWQCP\Conlract CI0135622 o\ROLLO ENGINEERS. doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 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 CONSULTANT: CAROLLO ENGINEERS, P.C. City Manager (Required for contracts over $85,000) Purchasing Manager (Required for contracts over $25,000) Contracts Administrator By: N ~ Idy.d~7M~ (Required for contracts under $25,000) Name: (2u-.1e Uh'c>lf'==: /( Lyd(t{ (-/-01 M ~ S Title: (wvl-he",""" I P~/'f-re v~ { ! APPROVED AS TO FORM: Sr. Assistant City Attorney Attachments: ' EXHmIT "A": EXHmIT "B": EXHmIT "e": EXHmIT "e-I": EXHmIT "D": SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS 10 Professional Services Rev, January II, 2010 \\CC-TERRA \jarreoIIPURCHDOc\sAP Bids and Proposals\RFP\RFPI35622 Design of Facility Repair and Retrofit Projects at the RWQCP\ContractClO135622 CAROLLO ENGINEERS,doc Exhibit A BASIC SERVICES The scheduling priority for this project is outlined in Exhibit B The study-assessments, Tasks 4 and 5 shall not interferewith the timely completion of Tasks 2 and 3, design and bid of the two construction projects. . Task 1 -Project Management 1.1 Kickoff Meeting: Within 2 weeks of Notice to Proceed, hold a kickoff meeting at the RWQCP. The Consultant shall prepare the agenda for the meeting, coordinating the agenda items with engineering staff beforehand. Distribute the agenda no later than three days prior to the meeting. Among the items to be covered in the meeting are: a) Introductions and Consultant and RWQCP contact information for key team members, b) project communications protocol, c) general work plan and project schedule. 1.2 Project Progress meetings: Allow for biweekly progress meetings, preferably at the Plant. This does not include meetings during the construction phases. 1.3 Prepare a baseline project schedule with milestones, and update regularly. 1.4 Invoices 1.4.1 Submit invoices monthly: 1.4.2 Submit a draft of invoice format for City review prior to submitting the first invoice. The invoice shall itemize, by task, a) the person and/or staff job classification, b) hourly rate, c) subconsultant fees, d) reimbursable costs (itemized by type), and e) Consultants markup. 1.4.3 The invoice package shall contain the following: • Sub consultant and/or materials invoices, and any other backup which clarifies charges. • Updated project schedule. • Monthly Letter Progress Report: Brief descriptions of work performed and milestones accomplished, organized by task. Task 2 -Pre-design for Two Construction Projects . The task is to identify the repair and/or retrofit items to be included in each of the two construction projects. For some of the items the Consultant will need to update andlor extend the evaluations conducted for the FCA, as described below, revising the recommendations or design elements as needed. 2.1 Observe the current field condition of each item/deficiency to be included in the two bid packages. Confirm the repair method recommended in the FCA report, or propose an alternate method. Make a preliminary estimate ofthe construction cost for the repair or retrofit. 2.2 Existing Warehouse mezzanine level platform and storage racks: 2.2.a Retrofit of existing storage platform/rack system (FeA Item MWF-02): , The Warehouse facility contains an elevated platform for mezzanine levelstorage. The platform is constructed of galvanized Grate-Lock channel grating and overlies ~ 7 foot high open type metal storage racks which are the primary vertical support for the platform. This storage rack/platform system is in need of additional cross bracing and City of Palo Alto -'-Contract ClO135622 Page 1 of6 Exhibit A floor anchorage to meet building code requirements. Appendix L of the FCA report documents the structural analysis, assumed loadings and recommendations to improve the load bearing capability of the existing Warehouse storage racks. The Consultant shall extend the structural analyses to complete the pre-design/design of the improvements to the existing storage platfonnirack. 2.2.b Installation of additional storage racks on the mezzanine level: . Appendix L contains a preliminary analysis and recommendations for installation of additional storage racks on the mezzanine level platform. The Consultant shall extend this analysis to complete pre-design/design ofthe additional storage racks. 22.c Evaluation of third level storage space in the Warehouse (not part ofFCA): Perform a-base-level analysis to determine the approximate load bearing capacity of the flooring of a space, approximately 18 'x 18', which lies above two ground level offices that are contained within the outside walls of the Warehouse structure. The space is to the side of, and slightly elevated above, the Warehouse mezzanine level and is accessed by a short stairway leading up from the mezzanine platform. The space is currently used for file storage. The flooring support members can be observed by removing ceiling panels from the offices below. 2.3 Coordinating with WQCP engineering staff, identify and group repair/retrofit iterns for inclusion in the 2 bid packages. 2.4 -Prepare a concise memorandum or letter report briefly describing the pre-design, with a . list of repair/retrofit items for each construction project. Also provide an estimate oftotal construction cost for each of the two projects. Deliverables: 1.· Pre-design memorandum or brief report, 4 copies. Task 3 -Bid/Construction Documents The Consultant will prepare two sets of bid documents, one set for each of the two separate construction projects, which will be bid at different times. The projects will be titled Facilities Repair and Retrofit Project (FRRP) No.2 and FRRP No.3. FRRP No.2 will be issued for bid as . soon as possible after issuance of Notice to Proceed. The subtasks (3.1 through 3.6) and the deliverables for this task pertain to each ofthe bid documents/construction projects separately, i.e. each subtask will be performed twice; once for each project, and there will be one set of deliverables for each bid project. 3.1 Prepare draft drawings and technical specifications and submit to the City for review. Submit a set of draft drawings (4 copies) at approximately the 30 percent completion level, and a final draft (4 copies) after the drawings is essentially complete (90%). Also submit a 90% draft set of all technical specific~tions (4 copies). The City will review and comment in writing on the draft documents. 3.2 Incorporate staffs comments into a final bid set and stamp 8¥d sign the final drawings and specifications (bid documents).· 3.3 Prepare a final estimate of construction cost. 3.4 Provide one unbound reproducible copy ofthe final stamped and signed full size plans on bond paper and specifications. The City will print and issue the bid documents to prospective bidders. City of Palo Alto -Contract Cl 0135622 Page 2 of6 Exhibit A 3.5 Assist the City dUring bid, including preparing text and graphics for addenda, issuing responses to technical RFIs, and evaluating the bids. The City will print and issue the addenda. 3.6 Prepare and provide one unbound reproducible copy of the conformed drawings and specifications for construction by incorporating addenda items into bid documents. The City will print and issue the conformed documents to the Contractor and Consultant. Deliverables: A. Drawings -30 percent draft (four llx17 copies to City) B. DraWings -90 percent draft (four l1x17 copies to City) C. Technical specifications -90 percent draft (four copies to City) D. Final drawings, with electronic stamp and signature: i. One unbound reproducible copy of full-size (22x34) plans on bond paper and three llx17 bound sets, on bond paper E. Final specificat~ons with electronic stamp and signature: one unbound reproducible copy and three bound sets F. Conformed drawings and specifications: i. One unbound reproducible copy of full-size (22x34) plans on bond paper and one . unbound reproducible copy of specifications and four l1x17 bound sets of the ) drawings, and four bound sets of the specifications (entire specification package) for the City .. ii. 'The drawings and specificationS in electronic formaton CD: AutoCAD ~010 and PDF files of the drawings, MS Word and PDF files of the specifications . . . Task 4 -Building Foundation Structural Assessments The Consultant;shall conduct thorough structural assessments of the capability of the fou1;1dations . ofthQ Operations Building (OPSB) and the Solids Incineration Building (Sm) to withstand the seismic loading requirements of the current Building Code. A report shall be prepared documenting the analysis, findings and recommendations of the assessment. A single.report for both buildings, or two separate reports, will be prepared. The following bulleted task elements are common to each ofthe assessments. • Prior to conducting each of the assessments the Consultant shall meet with RWQCP staff to discuss the scope of the assessment and apprise staff of any City resources that will or may be,needed to support Consultant's work. • Consultant shall prepare a draft of the assessment report for City review and comment. The report shall include recommendations for repair and/or retrofit. The report· shall detail the recommended solutions with products, procedures and/or drawings 'or graphics, as applicable, with the intent that the recommendations can. be readily incorporated into design documents.' , • Meet with the City to discuss the benefits and costs of alternative repair/retrofit options. • The final reports shall be stamped by a professional engineer and bound. • Describe the assessment procedures, findings and recommendations in a meeting with Plant staff. City of Palo Alto -Contract CI0135622 Page 3 of6 Exhibit A· 4.1 Operations Building Foundation Structural Assessment (FCA Item OPSB-01): A preliminary analysis of the pile supported foundation of the Operations Building determined that the allowable pile loading may be exceeded during a seismic event. The Consultant shall conduct an in-depth seismic analysis of the Operations Building· foundation system as described on page 11 of the FCA report, 2nd paragraph from the bottom, and elaborated in several places elsewhere in the FCA. 4.2 Solids Incineration Building Assessments: 4.2.1 . Foundation Seismic Loading Analysis (FCA Item SID-14): The FCA did not do a structural analysis of the foundation ofthe Solids Incineration Building. However, due to the relatively large height ofthe Solids Incineration Building above grade, the recommendation was made that a structural analysis be conducted on the building's foundation. The Consultant shall conduct a detailed structural analysis of foundation to ascertain whether the foundation is adequate to withstand seismic event. The FCA contains information on subsurface conditions, especially in the body ofthe report and in Appendix D. At Consultant's request, additional soils data will be provided ifit is available. 4.2.2 Exterior Pilaster Cracks and Spalls (FCA Item Sm-l3): Investigate the cause and extent of cracks/spalls on the surface of the exterior pilasters on the northeast end of the Solids Incineration Building. Include this investigation in the foundation assessment report. Deliverables: A. Draft report, 5 copies. B. Final report, 5 bound copies. C. Electronic copy (Word and PDF) of the final report. Task 5 -Minor Facility Assessments 5.1 Ground Settlement near Solids Incineration Building: Investigate/evaluate the impact to buried utilities resulting from ground settlement around Tunnel No.2 observed in the vicinity ofthe Solids Incineration Building. See FCA, Appendix N, Assessment Summary for Tunnel No.2, page 4 of8 . . 5.2 Maintenance Building Foundation Grade Beam (FCA·Item MWF-01) Evaluate the seismic structural capacity ofthe foundation grade beam between the. Electrical and Instrumentation Shop and the Maintenance/Engineering Offices. Prepare a preliminary design for rectifying the structural deficiencies. Deliverables: A. Technical Memoranda summarizing the evaluations. B. Preliminary design for grade beam retrofit (Can be included with technical memorandum). Task 6 -Engineering Services During Construction Provide engineering services during construction for each of the two construction projects described in Task 3. The work shall include but not limited to: a. Review submittals and test reports and reply within seven days. City of Palo Alto -Contract C1 0135622 Page 4 of6 Exhibit A b. Prepare written response to contractor's RFIs within three days. c. Issue design clarifications as and when needed. d. Review and/or negotiate change order requests and prepare change orders, as requested by the City. e. Conduct weekly construction progress meetings, where applicable, and prepare meeting minutes. f. Resolve construction technical issues, including making field visits and/or onsite inspection by design discipline experts and working with City staff, as needed. g. Provide daily onsite field inspection services, where applicable, during construction. The Consultant shall have the responsibility for final inspection of Contractor's work. The City staff may assist with the inspections, including performing daily inspections during non-critical and/or low activity periods. Submit a signed field inspection report for each day of inspection. h. Project completion: Prepare the ptmch list(s), conduct the final inspection and notify the City that construction has been completed per the contract documents. i. Review progress payment requests and submit to the;, City Project Manager with a summary of budget status and recommendation for payment amount. J. Construction Administration. Keep separate records for each construction project. • Receive, log, control, track and process correspondence, submittals, RFIs, design clarifications, change orders, progress payments, inspection reports and any other project documents. • Prevailing wage and labor codes: Enforce and document contractor's compliance with Prevailing Wage requirements and any other applicable labor codes. • Maintain project records. Furnish all original project documents to the City Project Manager within 30 days ofRWQCP's filing of the Notice ofPIoject Completion. k. Prepare the Record Drawings based on red line markups provided by the Contractor. I Deliverables: Record Drawings and Specifications: A. Specifications -submit MS Word & PDF files on CDIDvn B. Drawings: i. Submit one full size (22x34) and tbree 11 "XI7" bound hardcopy of record drawings. ii. Submit AutoCAD 2010 and PDF files on CDIDVD of the record drawings. 'C. Originals of project documents after project completion. CITY SUPPORT The City will: 1. Provide existing data, as available and as re.quired. 2. Provide access to facilities including scaffolding and confined space entry supervision. City of Palo Alto -Contract ClO135622 Page 5 of6 Exhibit A 3. Provide copies (electronic if available) of City of Palo Alto Standard Drawings and Specifications. . 4. Assemble, reproduce and distribute the final bid package. 5. Issue/distribute addenda, whether or not they contain input from Consultant. 6. Provide testing services not customarily provided by general engineering consultants. ADDITIONAL SERVICES: Perfonn additional services as described in Exhibit "c" City of Palo Alto -Contract CI0135622 Page 6 of6 EXHIBIT A-1 ITEMS FOR REEAlR. RETROFIT.DR EVALUATION ~ I"lanJ.llng-level Ranking Opinion of Schedulin Facility Design 9 Priority Prloritlzat Probable package no. Ranking(1) ion Construction Name or task (4) Recommendations 10 Ranking(ZI Cost(3) - Aeration Basins Repair spalled concrete at the edges of the walkways. AB-01 1 19 $1'0,000 ~eration Basins Replace waterproofing on the basin interior walls. AB-02 1 19 $500,000 Aeration Basins Seal cracks in concrete allowing moisture infiltration. AB-04 4 19 $20,00C iAeration Basins t"'roposea lOr Package #2 Repair/replace corroded guardrail posts. AB-05* 10 19 $30,000 iAeration Basins t"'roposea lOr ~eal leaK at Innuent cnannel exterior wall at JunctUre Wim Package #3 DMF. AB-06 8 19 $10,00C ~eration Basins Replace deteriorated coating. on infl channel interior. AB-07 7 19 $500,00C APPlY waterproonng to top or deCK SlaD over InT/uem ~eration Basins channel. AB-08 7 19 $50,000 Keplace coaung on exposed tHncn spray neader Teea iAeration Basins • piping on interior of influent channel. AB-09 8 19 $40,OOC iAeration Basins Replace corroded W4 feed in influent channel. AB-10 8 19 $30,000 I"\eplace corroaea StOP log gUlaes on moSt ~1::T1Y Stop' Aeration Basins logs in influent channel if used frequenUy. -AB-11 7 19 $50,00C I"\epalr corroaea relnT ana spallea concrete at perimeter Aeration Basins of deck slab penetrations above influent channel. AB-12 8 19 $20,00C mvesugate cause OT leaK at 1 anK ~ SlUice gate In mnuent Aeration Basins channel and adjust gate. o' AB-13 3 19 $20,00C investigate causeoT leaK at lanK 4 SlUice gate In Influent Aeration Basins channel and adjust gate. AB-14 . 3 19 $20,OOC I"\eplace coating on stem gUiaes TOr lanK ... sluIce gate In Aeration Basins influent channel. AB-15 5 19 $20,OOC ilnVeStlgate cause OT leaK at J anK ~ SlUice gate In Innuent I jAeration Basins channel and adjust gate. AB-16 3 19 $20,OOq 1 of 10 Remove corrosion from end of RAS pipe penetrating ~eration Basins deck slab at influent channel and apply protective . coating. AB-17 . 7 19 $20,000 Ilnvestlgate posslDle relnr corrosion at concrete spall at Aeration Basins Tank 4 EffI~ent Box opening· and repair spall. AB-18 8· 19 $20,000 f-eration Basins Replace coatings on sluice gates in Tank 4 Effluent Box. AB-19-8 19 $40,000 Aeration Basins Replace coating on mixed liquor feed piping. AB-20 8 . 19 $50,00 AOmlnIstratlon Jjuuolng J Reclamation Plant Seal cracks in parapet wall. . ADM-01 1 24 $20,000 AOmlnlstratlon JjulIOlng I It<.eplace corrooea ovemow pipe at JjaCKWasn vvastes Reclamation Plant Tank with properly coated pipe. ADM-02 4 24 $6,000 Aamlnlstratlon tsullalng I .... roposeo TOr IInVeStlgate ancnorage OT WOOD Trame aaamons to Reclamation Plant Package #3 concrete wall for cross-grain tension potential. ADM-03 8 24 $5,000 AamlnlStratlon JjuliOlng J It<.emove corrosion Trom JID crane ancnor DOlts ana apply Reclamation Plant coating. ADM-04 8 24 $4,000 Ash Storage System .... roposea Tor It<.elnTOrCe me ooorway at me DOllom OT me Asn ~torage Package #2 Bin. ASH-01 8 22 . $10,OO( It<.ecoat corrooeo ancnor DOltS on LoaOout Jjrn ~upport Ash Storage System Structure. ASH-02 5 22 $2,OO( .... roposeo Tor Caustic Tank Package #2 Improve anchorage for Supply Water Tank. CAU-01 10 10 $20,OO( llmprove·lateral stlrrness ana ancnorage OT me .... ump Caustic Tank Shed support legs. CAU-02 8 10 $5,000 Caustic Tank Recoat existing pump shed (or replace if economical). CAU-03 1 10 $10,00 Caustic Tank Recoat interior of Supply Water Tank. CAU-04 5 10 $20,00C It<.epalrlseal leaKing JOint DeMeen launaer ana com Inlet nortl Chlorine Contact Tank and Outlet Boxes. CCT-01 8 28 Completed Chlorine Contact Tank Repair cracks along top of launder exterior wall. CCT-02 3 28 $50,000 K.eplace lower stair lanamgs Wlm new lanalngs Wltn Chlorine Contact Tank . improved ground support. CCT-03 7 28 $40,000 VVOf14 Chlorine Contact Tank Replace bolts connecting center Cage to turntable. CCT-04 7 28 Completed Chlorine Contact Tank Recaat walkway and scum pipe stub. CCT-05 7 28 $50,00C t<.emove corrosion Trom cut enas or oars at 'nlet oox wan Chlorine Contact Tank penetration and coat. CeT-06 4 28 $10,00C 20f10 Proposed for Repair/replace corroded beams & supports at outlet box Chlorine Contact Tank Package #2 grating. CCT-07~· 8 28 $30,00C APPlY protective sunace on rloor OT ounet oox aI ~u;t: Chlorine Contact Tank pipe discharge. CCT-08 4 28 $10,00C mprove seismiC vertical moment capacity OT mSlae oase Chlorine Contact Tank of tank wall... . CCT-09 8 28 $300,00C [Improve seismic hOrizontal tensIon loaa capacity or tanK Chlorine Contact Tank wall. . CCT-10 8 28 $500,00C [SecoriOary Clanfiers I oucn-up areas or coating rallure on mecnamsms ana Nos. 1,2,3, and 4 recently recoated RAS piping. CLR-01 3 19 $200,000 IKeplace aetenoratea waterproofing IT leaKage intO Secondary Clarifiers occupied areas develops. Remove existing remnants to Nos. 1,2,3, and 4 mitigate potential loss into process stream. CLR-02 3 19 $200,00( ~econaary t;larlTlerS Nos. 1,2,3, and 4 Seal cracks in effluent launders. CLR-03 8 19 $80,OO( [SeCOndary Clarifiers wor. Nos. 1,2,3, and 4 Repair spalled concrete at bases of guardrail posts. CLR-04* 10 19 Completed [SeConclary t;lanners wor~ Nos. 1,2,3, and 4 Repair/replace corroded guardrail posts. CLR-05* 10 19 Completed l~econaaryUarifiers Nos. 1,2,3, and 4 Replace corroded v-notch weirs. CLR-06 8 19 $60,aO( [SeCondary clarmers Nos. 1,2,3, and 4 Apply waterproofing material to top deck slab. CLR-07 7 19 $50,00( [SeCondary ClarlTlerS [seal leaK arouna t;larlTler ;::: KA;j pipe at wall penetratIon Nos. 1,2,3, and 4 in Clarifier 1. CLR-OB 6 19 $15,00( Iseconaary Clarifiers Nos. 1,2,3, and 4 Seal leak at effluent channel exterior wall. CLR-09 8 19 $10,00( [Secondary Clarifiers Nos. 5 and 6 Remove spots of soft concrete and fill voids. CLR-10 4 19 $20,00( [SeCondary t;lanTlerS - Nos. 5 and 6 Seal cracks in launders. CLR-11 8 19 $40,OOC [SeCondary t;lanners Nos. 5 and 6 Replace failed coatings on both mechanisms. CLR-12 3 19 $200,00C ISecondary Clarltlers IKeplace rallea coating on t;larmer 4 KA;j piping In Nos. 1,2,3, and 4 Clarifier 3. CLR-13 4 19 $25,00C [Bridge -Main ::itructure to New Clarifiers Repair cracks in th.e railing walls. CLRB-01 1 6 $15,000 3 of 10 Chlorination Station Repair areas of concrete damage on the building exterior. . CS.;Q1 5 24 $10,000 ~eal craCK In exterior pilaster on sQutneast siae OT Chlorination Station structure. CS"()2 7 24 $10,000 Dual Media Filters t(epalr areas OT aamageOlcraCKea concrete ana exposea and corroded reinforcing on building exterior: DMF-01 8 18 $15,000 Dual Media Filters t(eplace excessivelY corroaed l..'or-I en siding on DUl/alOg exterior. DMF-02 3 18 $50,000 APPlY coating 10 corroaea support DraCKets on oaCKWasn Dual Media Filters waste piping. DMF"()3 4 18 $10,OOC APPlY waterprooTlng to top sunace OT aeeK aoove Dual Media Filters electrical panels to seal cracks. DMF"()4 3 18 $15,OOC IAPPIY waterproonng to Intenor OT Tllter InTluent cnannel to Dual Media Filters mitigate I~ks along concrete construction jOints. DMF-05 4 18 $80,aaC I~eal nonzomal concrete construction JOint on NVV wall OT Dual Media Filters Filter 12. DMF-06 4 18 $30,OOC t"roposea TOr It(eplace coatings on Clear well NO. 4! entrance naten ana Dual Media Filters Package #2 influent piping. DMF"()7 10 18 $30,OOC I~eplace coatings on Mua wen NO. ~ entrance natcn ana Dual Media Filters influent piping. . '. DMF"()8 8 18 $30,OOC KeVlew conamon aT coaungs on metal surraces In all Dual Media Filters clear wells and mud wells. DMF"()9 8 18 $aO,OOC ~econngure cmonne SOIUllon PIPing In l..'lear vvell NO. "./. to mitigate additional damage to floor. Repair existing Dual Media Filters damage to floor. DMF-10 8 18 $20,OOC IMlscellaneousrree-Investigation Standing Electrical needed Open cabinets to investigate anchorage (EP-2, EP·3, EP Panels 4, EP-5, EP-6, EP-11, EP-12, EP-13, EP-14). EP"()1 8 24 $2,000 I~epalr miscellaneous craCKS In concrete wails ana ceilings in Activated Sludge Pump, Blower, and Sludge Equipment Rooms Pump Rooms. ER"()1 8 20 $100,OOC t"roposeo TOr ~epalr spalleo concrete at nanarall post Dase on Stairs In Equipment Rooms Package #2 Blower Room. ER"()2* 10 20 $4,000 Equipment Rooms Apply waterproofing material to top surface of deek slab. E~"()3 4 20 $150,000 c Equipment Rooms Recaat interior of Scum Pit "B". ER-04 7 20 $50,000 4of10 .. !' Replace coating at deteriorating superstructure I Fixed Film Reactors members. FFR-01 8 20 $120,00d Fixed Film Reactors investigate conaltlon ot corroaea SlUice gare Slem cover in recirculation box FFR-Q2 4 20 $5,OOe vonauct aetallea conamon survey aT structural steel Fixed Film Reactors superstructure. FFR-03 4 20 $100,00C It::srtoge -Main 8trUcture to FFR Repair cracks in the railing walls. FFRB-01 1 6 $6,OOe vonaUet aerallea investigation OT craCKs ana spalls at edge of concrete slab supporting steel superstructure FFR Equipment Rooms and media. FFRER-01 9 18 $50,OOC Install lateral braces on aIr aUCYS to Improve resistance to FFR Equipment Rooms lateral loads. FFRER-02 1 18 $10,OOC Grit Handling Facility Replace coatings on building interior. GHF-01 7 19 $100,OOC Grit Handling Facility Strengthen rod bracing system. GHF-Q2 8 19 $40,OOC t-'roposea Tor Grit Handling Facility Package #2 Repair eroded soil at building foundation. GHF-03 10 19 $30,00C IInTlUent \.;jate Hyaraullcs Building Repair cracks in foundation retaining wall. IGHB-01 5 22 $30,OOe Meter Pit Seal wall penetration at bilge pump discharge pipe. MPIT-01 1 20 $8,00e Meter Station Replace coatings in the wet pits. MSTA-Q1 8 24 $300,OOe Meter Station Repair spa lied concrete at edge of roof. MSTA-02 3 24 $3,OO( I"'roposea Tor Kepalr craCKS on InterIor surrace or concrete wails ana Meter Station Package #2 underside of stair landing. MSTA-03 8 24 $50,000 Maintenance and Ilmprove me seismIC structural capacny onoe Tounaallon grade beam between the Instrument Shop and the Water Warehouse Facility Task 5.2 Transmission Shop. MWF-01 8 28 $100,00d Maintenance and IKelroTit rne sIorage raCKS In me ~l:ores vvarenouse to Task2.2a improve seismic capacity. (Complete system of cross Warehouse Facility Package #2 bracing and anchor racks to floor.) MWF-02a* 8 28 $40,000 Maintenance and laSK~.~O Not part Warehouse Facilitv Package #2 Install additional storage racks on the mezzanine level. MWF-02b ofFAC $10,000 IVlalmenance ana Kepalr me craCKS In me Maintenance ~nopana vvater Warehouse Facility Transmission Shop floors. MWF-03 3 28 $10,000 Maintenance ana Warehouse Facility Replace corroded flashing at the exterior wall panels. MWF-04 4 28 $8,000 5 of 10 Maintenance and Mitigate damage to the foundation from the adjacent Warehouse Facility trees. MWF-05 5 28 $5,OO( IRemove craCKeClIaelammatea concreteal areas o-r reDar corrosion in Pump Room, install localized cathodic· New Pumping Plant protection, patch. NPP-01 8 22 $80,OOC Keplace section or corroaea conCfuif exposea at me concrete spall beneath the overhead crane access New Pumping Plant opening in pump room and patch wall. NPP-02 7 22 $5,000 New Pumping Plant Install lateral brace on pump discharge header support. NPP-03 8 22 . $5,000 proposea Tor KepaJr concrete suppOrt peaestal mr K~P NO.2 New Pumping Plant Package #2 discharge piping. NPP-04 9 22 $8,000 Kepalr craCKS In exterior concrete pilaster on SE slae of New Pumping Plant building. NPP-05 7 22 $5,000 f-Iroposea TOr Keplace neavlly corroaea pipe supports In Bar screen New Pumping Plant Package #3 Room. .. NPP-OS 8 22 $30,000 ~eal craCKS m ceiling aDove Bioassay Lap, transrormer, New Pumping Plant and MCC transfer-switches. NPP-07 7 22 $25,000 UUtTall ~ox I ~ultur Dioxide Pump Proposed for Repair spalled and cracked concrete along top edges of Enclosure Package #3 Outfall Box walls. OBOX-01 8 24 $25,000 uunall 1:I0X I ~ultur - Dioxide Pump Proposed for Enclosure Package #3 Replace stair lower landing. . OBOX-02 8 24 $40,00C UUtTall ~ox I ~UITUr Dioxide Pump Enclosure Replace top,three stop logs. . OBOX-03 5 24 $25,000 uunall 1:I0X I ~UITUr Dioxide Pump Enclosure Replace stop·log guide rails if used frequently. OBOX-04 4 24 $80,000 .UUtTall ~ox I ~UITur Dioxide Pump proposed for Remove corrosion from exposed rebar at penetration in $40,000 Enclosure Package #3 SE wall and coat. OBOX-05 8 24 UUtTal1 ~x I ~ultur Dioxide Pump Proposed for Remove exposed reinforcing at penetration for pipe from $80,000 Enclosure Package #3 CCT and apply grout layer. ·OBOX-OS 8 24 60f10 I Outfall Box I Sulfur $4o.ooJ Dioxide Pump Proposed for Replace eXisting chain around top perimeter with code- Enclosure Package #2 . compliant fall protection system. OBOX-07* 9 24 uuuau tsOX I ~UlTur $40,OOJ Dioxide Pump Proposed for Enclosure Package #3 Install seismic bracing on sulfur dioxide pump enclosure. OBOX-08 8 24 Kemove areas Of aeterloratea ana aelamlnatlng concrete Proposed for in the Pump Room, install localized cathodic protection, ! Old Pumping Plant Package #2 patch the repair areas. OPP-01 10 11 . $150,OOq I~eal JO[nt In concrete at I:: corner OT upper CleeK slaD to $35,Ood Old Pumping Plant mitigate rain infiltration. OPP-02 8 11 Kepalr concrete oeneatn tne most soumwesterly suppOrt Old Pumping Plant .. for the pump discharge header. OPP-03 8 11 $2,000 Old Pumping Plant Replace corroded pump base framing members. OPP-04 7 11 $20,000 KeCOat Tormer Tloat tuDe locatea In wet pit or remove IT Old Pumping Plant not in use. OPP-05 3 11 $30,000 Old Pumping Plant Replace missing flap gate on floor of inlet channel. OPP-06 3 11 $30,000 Old Pumping Plant Recoat wet pit and influent channel. OPP-07 7 11 $240,000 :I::valuate Impact or leaKage past plastic plate covenng Old Pumping Plant old inlet pipe and consider repairing/replacing plate. OPP-08 3 11 $30,000 IKepalr spa lied concrete and exposed reinforCing on Tloor Old Pumping Plant above wet pit. OPP-09 8 11 $15,000 Task 4:1 Conduct detailed structural analysis of pile-supported Operations Building foundation to assess capacity to resist seismic loading. OPSB:.01 10_ 28 $30,000 tsnage -IYlaln ~tructure o Operations Building Repair cracks in the railing walls. OPSBB-01 1 6 $7,000 t-'roposeCl tor Repair concrete at bases of guardrail posts. Oil Storage Building Package #2 OSB-01* 10 17 $20,00C Oil Storage Building Seal/repair ~racks on face of exterior concrete wall. OSB-02 2 17 $100,OOC Kemove mannole rungs Trom process sumps to prevent Oil Storage Building usage. OSB-03* 8 17 $5,00C ,-,onaUct aetalled investigation or cracKS In aeCK slao Oil Storage Building over process sumps. OSB-04 9 17 $20,00C APPlY protective coating to wall tnlmDle at pIpe Inlet to Oil Storage Building Backwash Sump. OSB-05 3 17 $8,OO( 7 of 10 Oil Storage Building Repair/replace lining in Backwash Sump outlet pipe. OSB-06 5 17 $70,000 Oil Storage Building -Replace failed coatings in process sumps. OSB-07 5 17 $150,000 t-'roposea Tor I"'(eplace corroaea grating Dearrrg Trames at process Oil Storage Building Package #2 sumps. OSB-08* 9 17 $80,000 t-'roposea tor Oil Storage Building Package #2 Replace corroded steel beam in Flash Mixer Sump. OSB-09 10 17 $25,000 Proposea Tor Il"'(emove corrosIon Trom exposed recar at ... Iasn MIxer Oil Storage Building Package #2 Sump concrete beam and repair beam. OS8-10 10 17 $50,000 IKemove corrosIon Trom unaerslae OT plate supporting Oil Storage Building flash mixer and apply protective coating. OSB-11 3 17 $15,000 APPlY protective coatmg to weir on ~w wall OT west Oil Storage Building Sump. OSB-12 3 17 $8,000 It-'rrmary t:TT1uem Diversion BoxIRAS Repair exposed reinforcing and rebuild floor surface at Mixing Box RAS Mixing Box discharge channel. PEDB-01 8 17 $30,OOq It-'nmary Innuem ana . I Effluent Channels Apply waterproofing material to the top deck slab. PIEC-01 7 24 $50,OOq It-'nmary Innuem ana , Effluent Channels Recoat influent channel. PIEC-02 7 24 $500,000 Ilnvestlgate extent or corrosIon or groovea couplings on 4· Primary Influent and inch pipe in influent channel, replace as necessary and Effluent Channels apply coating. PIEC-03 4 24 $120,OOq t-'nmary InTluent ana t-'roposea Tor Il"'(epalraetenoratea concrete arouna opening 10 aeCK Effluent Channels Package #3 slab above influent channel influent well. PI EC-04 8 24 $30,000 I-'nmary InTluent ana Effluent Channels Recoat effluent channel. PIEC-05 7 24 $500,000 I-'nmary mnuem ana I-'roposea Tor I"'(epalr corroaea relnT ana-spallea concrete al perrmeter Effluent Channels Package #3 of deck slab penetrations above effluent channel. PIEC-06 9 24 $50,000 nvestlgate extent OT corrosion on I"'(A;:; pIpe valve Primary Influent and . operator and stem in effluent channel, replace as Effluent Channels necessary and apply coating. . PIEC-07 7 24 $60,000 t-'nmary ;:;ealmemauon Tanks Replace interior coatings. -PST-01 7 24 $2,100,000 t-'nmary ;:;eOlmematlOn Tanks Apply waterproofing material to the top deck slab. PST-02 7 24 $600,000 -- 8 of 10 Primary Sedimentation Proposed for Replace cracked/spalled concrete around deck hatch Tanks Package #3 openings. PST-03 8 24 $90,000 pnmary-Seaimentanon proposed ror IKemove corrOSIon trom exposea relnrorclng al aecK SIaD Tanks Package #3 penetrations and coat. .. PST-04 8 24 $60,000 II-'nmary Sedimentation !ranks Clea.n cracks in beams and walls and epoxy inject. PST-OS 4 24 $100,000 Proposea tor Iloucn-up coatIng on exterior ot tanK at oonom OT tanK Sludge Blend Tank Package #2 wall. SBT-01 9 16 $7,000 ISOlidS InCineration Kepalr vanous cracKS In concrete wails, extenor Building pilasters, roof slab and roof beams. SIB-01 5 26 $50,OOC SoMs InCIneration Keplace severallY aerenorarea srructural memDers al wor~ Building incinerator walkways. SIB-02* 10 26 Completed ::;OlldS InCIneration I-'rOpOSed tor Building Package #3 Replace coating at incinerator walkways. SIB-03 8 26 $170,00C [SOlIdS Incmeratlon Building Replace coatings at belt press platform. . SIB-04 7 26 $110,00( ISollds InCineration IKeplace poorly located concrete peaestal ar Delt press Building platform column. SIB-05 3 26 $10,00( lSolRfs Incmeratlon Building Replace broken pipe support at belt press. S18-06 3 26 $10,OOC :Solfds InCineratIon vvon Building Replace severely corroded guardrail posts. 5IB-07* 10 26 Completed [SolidS inCIneration I-'rOpOSed tor Building Package #3 Install lateral bracing on incinerator walkways. SIB-08* 8 26 $40,OO( ISOlidS incineration Building Replace support angles at bottom of metal siding. SIB-09 4 26 $30,OOC ISo lidS inCineratIon I-'roposea Tor I Building Package #3 Repair grout at base of incinerator. SIB-10 8 26 $30,OOd ISollas InCineratIon I-'rOposed tor IKepalr rOOT aralnage system ana reesraollsn overnow I Building Package #3 drains. 518-11 8 26 $90,ooq ISolldslnclneranon IInStall mIssing anchor bolts at oase plate or steel cOlumn I Building supporting walkway at Incinerator 2. 51B-12 5 26 $10,000 [S6TiCfs Incmeratlon Il..onauct aeralled Inyestlgatlon OT craCKS on exterior $20,OO~ Building pilasters on NE end of building. 51B~13 8 26 Task 4.2 11..OnauCr a structural evaluation or me founaatlon to Solids Incineration assess its ability to withstand loading during a design I Building seismic .event. 518-14 10 26 $60,OOq ~----" 90f10 t-'roposea Tor Tunnel No. 1 Package #2 Seal cracks in the walls and ceilings. T1-01 8 20 $15,000 Tunnel No.1 ---Seal expansion joints at connections to structures. T1-02 7 20 $10,000 J-'roposea Tor Tunnel No.2 Package #2 Seal cracks in the walls and ceilings. T2-01 8 22 $20,000 Tunnel No. -2 Seal expansion joints at connections to structures. T2-02 7 22 $10,000 Sludge Thickeners Apply waterproofing material to the top deck slab. -THK-01 7 20 $115,000 Sludge Thickeners Repair broken support bracket for FRP baffle. THK-02 3 20 $12,000 Ivvater KeClamatlOn Il"\eplace coatings on all metal sunaces \lnclualng wort Filters submerged). . WRF-01 9 16 Completec Iwater KeClamatlOn Ilmprove seismiC vertical moment capaclIY OJ mSJae face Filters of upper tank wall. -. _ WRF-02 8 16 $1,000,OO( IVvater KeClamatlOn !Tank . Repair cracking on underside of stairs. WRT-01 7 14 $6,000 iwater Keclamallon $12,00d Tank Remove loose snap-tie plugs and replace with grout WRT-02 5 14 [water Keclamatlon Kepalr deteriorating grou{ arouna tanK exterior at wall $14,000 Tank thickness transition. WRT-03 1 14 lIonduct detailed investigation or exposea ana corroaea Water Reclamation reinforcing on underside of walkway at top of tank Tank perimeter. WRT-04 10 14 $30,000 vvater Keclamatlon [ Tank Remove corroded center column. WRT-05 1 14 $3,000 Maintenance and I aSK L:.L:C IcvalUate structural capaCIIY Of mira level storage space Not part Warehouse FaciI~ Package #2 in the Warehouse (above existing offices). ofFAC $10,000 10 of 10 CITY OF PALO ALTO CONTRACT NO.: CI013S622 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSl.IT...T ANT shall perfonn the Services so as to complete each milestone within the number of 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 tenn of the Agreement. CONSULTANT shall provid,e a detailed schedule of work consistent with the schedule below within 2 weeks of receipt ofthe notice to proceed. Milestones 1. Final Design and Construction Documents for FRRP No.2: ' 2 .. Final Design and Construction Documents for FRRP No.3: 3. Seismic Assessments: 4. Services During Construction: Completion No. of Weeks fromNTP 13 26 48 TBD* . *Tentative schedule for construction completion ofFRRP No.2 &3 is 4th Quarter 2011). I Professional Services Rev. January 11, 2010 \\CC-TERRA\jarreo!\PURCHDOC\SAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\ContractClOI35622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C" 1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $354,286.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this· amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $389,715.00. Any work perfonned or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perfonn 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 offlletasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $354,286.00 and the total col11pensation for Additional Services does not exceed $35,429.00. BUDGET SCHEDULE Task 1 (project Management) Task 2 (pre-Design for Two Construction Projects) Task 3 (Bid/Construction Documents) Task 4 (Building Foundation Structural Assessment) Task 5 . (Minor Facility Assessment) Task 6 (Services During Construction) Sub-total Basic Services Reimbursable Expenses I 1 NOT TO EXCEED AMOUNT $36,602 $49,910 $93,966 $61,572 $9,744 $90,492 $342,286 $12,000 Professional Services Rev. January II, 2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposa]s\RFP\RFPJ35622 Design of Facility Repair and Retrofit Projects at the RWQCP\Conlract CI 0 135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 Total Basic Services and Reimbursable expenses $354,286 Additional Services (Not to Exceed) $35,429 Maximum Total Compensation $389,715 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 CONSULT ANT shall be reimbursed are: A. Third party reproduction services, travel for site VISItS and meetings, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement oftravel and meal expenses for City of Palo Alto employees. B. Project Equipment Communication Expense (PECE) per direct labor hour. PECE shall include items such as computer, long distance telephone cellular phone, facsimile transmission, filming, video, photographs, and postage charges. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULT ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's proj ect manager's request, shall submit a detailed written proposal including a description ofthe scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-I. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: 1. Design, engineering and preparation of bid documents for construction of the recommendations which may result from the basic services Task 4 and/or Task 5. 2. Design, engineering and preparation of bid documents for construction of additions to items in Exhibit A-I upon field verification. 2 Professional Services Rev. January 11,2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\Contract Cl 0135622 CAROLLO ENGINEERS.doc CITY OF PALO ALTO CONTRACT NO.: CI0135622 EXHIBIT "C-l" HOURLY RATE SCHEDULE POSITION Senior Professional Lead Proj ect Professional Project Professional Professional Technician Support Staff 1 HOURLY RATE $234 $213 $197 $165 $142 $90 Professional Services Rev. January 11, 2010 \\CC-TERRA \jarreo]\PURCHDOC\SAP Bids and Proposals\RFP\RFP135622 Design of Facility Repair and Retrofit Projects at the RWQCP\Contract Cl0135622 O\ROLLO ENGINEERS.doc C 'f' ~XHI~fT D ert. reate ot nsurance Agency Name and Address: Heffernan Insurance Brokers THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1808 Embarcadero Road, Ste. A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Palo Alto, CA 94303 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. (650) 852-5200 Fax (650) 852-5201 Insured's Name and Address: Companies Affording Coverage CAROLLO ENGINEERS, P.C. Compl:\ny A .. OneBeacon America Insurance Company Risk Management Office Company B ~-Ace American Insurance Company 10540 Talbert Avenue, Suite 200 East Fountain Valley, CA 92708 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFORDED 8YTHE POLICIES DESCRIBED HEReIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. CO. TYPE OF POLICY POLICY POLICY LTR. INSURANCE NUMBER EFFEC.DATE EXPIR.DATE LIMITS A GENERAL LIABILITY 7180103170000 12131/2009 12131/2010 General Aggregate $ 2,000,000 [X ) Comml. Gen. Liability Products·Com/Ops Agg. $ 2,000,000 [ 1 Claims Made Personal & Adv. Injury $1000,000 [ X J Occurrence Each Occurrence $1,000,000 Gen'l Aggregate Applies per: Fire Damage (anv one fire) $ 500,000 (XI Polley Medical $ 25,000 [ J Project Other A AUTO LIABILITY 7180103170000 12131/2009 12131/2010 Combined Single LImit $1,000.000 [X I Any Automobile [ J All owned autos Bodily Injury (per person) $ ( ) SCheduled autos [ J Hired autos Bodily Injury (per accident) $ [ I Non-owned aulos [ I Garage Iiabflity Property Damage $ [ j A EXCESS LIABILITY 7180103170000 12131/2009 12131/2010 [ X] Umbrella Form Each Occurrence $1,000,000 [ j other than Umbrella Form Aggregate $ A WORKERS' 4060316440000 12131/2009 12131/2010 Statutory LImits: Yes COMPENSATION Each Accldent $1,000,000 AND EMPLOYERS' Disease-Policy LImit $1,000,000 . LIABILITY Disease-Each EmJ)loyee $1,000,000 B PROFESSIONAL G21656495 006 07/0412009 07/04/2010 Each ClaIm $ 1,000,000 LIABILITY Retroactive Data: Aggregate $ 1,000,000 Unlimited Deductib[e $ 5,000 . .. DeSCription of Operabons/LocatronsNehlcles/Restrlctrons/Speclalltems: All operations of the named insured. RE Project: Design of Facility Repair & Retrofit Projects at the Regional Water Quality Control Plant, Contract No. Cl0135622 '" City of Palo Alto is included as additional insured with respects to General & Auto Liability. General Liability is Primary & Non-Contributory. Important Notice: This certificate does not disclose exclUSions, conditions and other limitations set forth in the p,0licy itself which may affect the respective rights and obligations of the Insurer and Policyholder under the policy and may reduce or eliminate coverage for certain losses. The Policyholder or one or more of lis corporate affiliates being obligated to directly or indirectly reimburse the Insurer for a portion of the losses paid under the Policy. As a result, the financla[ cost of a portion of the Insured losses will Ultimately be borne by the Policyholder or one or more of its corporate affiliates, and not b the Insurer. Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF .THE INSURED. CANCELLATION: City of Palo Alto Purchasing & Contract Administration P.O. Box 10250, Palo Alto, CA 94303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT. EXCEPT ·IN THE EVENT OF CANCELLATION DUE TO NON·PAYMENT OF PREMIUM IN WHICH CASE A 10 DAYS NOTICE WILL BE GIVEN. Date: June 1, 2010 Brandle Kirb ·Leler ADDITIONAL INSURED This form modifies insurance provided under the following: GL CONTRACTORS EXTENDER (VCG 206 02 05) WHO IS AN INSURED -(Section II) is deleted and replaced by the following wording: A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract. agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization Is an additional Insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing and completed operations for the additional insured. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not Increase the limits stated in Section III-LIMITS OF INSURANCE. b) This insurance does not apply to "bodily Injury: or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional Insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or faiting to prepare or approve, maps, shop draWings, opinions, reporls, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspections, architectural or engineering activities. Primary & Non-Contributory: Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary. excess, contingent or on any other basis unless a written contract or written agreement In effect during this policy period and signed and executed by you prior to the loss for which coverage. is sought specifically requires that this Insurance apply on a primary or noncontributory basis. Separation of Insureds: Except with respect to the limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suif' is brought. Per Project Aggregate: Under Section III = limits of Insurance, the General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Waiver of Subrogation: Section IV -Transfer of Rights of Recovery Against Others to Us Condition is amende'd to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. Named Insured: Additional Insured: Carollo Engineers, P.C. City of Palo Alto Policy No.: 7180103170000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAReFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies Insurance provided under the fol/owing: BUSINESS AUTO COVERAGE fORM The following ~chedule IIsls the coverage extension:. provided by tllia endorsement. Refer to the rndlvldual provl~ slons to determine the extent of your coverage. . SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Confract 11. ExtrQ Expense -8roadened Covorage 2. AJrbag Dlsoharge 12. Fellow Employee ExclusIon 3. Auto Theft Reward 13. Glass RepaIr -Waiver of OeducUble 4. Blanket Watver of Subrogallon 14. Hired Auto Physloal Damage Coverage S. Bodily Injury Redelfnad -Mental AnguIsh 16. Hired Auto -WorldwIde Covera~e TE)ultory 6. Broad Form Named Insured 16. Lease Gap Coverage . 7. Communlcallons Equipment 17. Liability Coverage -Supplementary Payments 8, Drive Olher Car -Executive Otf'cen~ 18. Newly Formed or Acquired Organizations 9; Duties In The Evant of Accldenf, ClaIm, Suit or Loss 19, Physical Damage -TransportatIon Expenses 10. Employees As Insureds 20. Towing -Any Auto 1. ADDITIONAL rNSURED BY CONTRACT . The Who Is An Insured provIsIon under SECTION 11-LIASILITV COVERAGE Is amended to fncrude as Ian • addlllonal Insured any person or organlzallon with whom you agreed In a wrltten.contract, written Agreement or permIt. to provide Insurance such as Is afforded under thIs Coverage Form. Such person or organlzaUon is an Insured only with respect to tloblllly for "bodily Irllury" or "property damage" caused, In whole or In part by your maintenance, operation or use ot your covored "autos", With respoct to tha Insurance afforded to these addilional rl1sureds. this Insliranc$ does not apply: ft. Unless the wrllten contract or agreement has been executed or the permit has been Issued prior to tho "bodily Injury" or "property damage"; b. To any person or organlzaUon Included as an Insured by endorsement or In the Declarations, or c. To any,lessor of "autos" when theIr contract or agreement with you tor slich leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physloal damage coverage for a" covered "auto" under this policy. we will pay to raset or re- place an alrbag that accidentally dIscharges wilhout the vehIcle baing Involved In ao 8CQldent. No deduQllble applies to Ihls additional (loverage. However. this ooverage only applies If the alrbag Is not covered under a manufaolurer's warranty and you did not Intentionally cause the alrbag to discharge. 3. AUTO THI:Fr REWARD We will pay up to a $2,000 reWard In the event of a covered loss, for Information leading to the arrest and oon- vlcUon of anyone stealing a covered "autou• A reward will not be paId to you. a family member, employoe or any public official while performrng theIr duty • . 4. BLANKET WAIVER OF 8U8ROGA'TION The Transfer Of Rights Of Recovery AgaInst Others To Us condlUon under SECTION IV -LOSS CONDI- TIONS Is replaoed by the foJlowfng: We will waive <lny rlght of recovery we may have agaInst any person or organization because of payments we make for injury or damage arisIng out of the operanol) of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "'nsured contract~. provided the contract Is In wflllng and executed prior fo tho "bodily InJury" or "properly damage". 8, BODILY INJUflY REDEFINED -MENTAL ANGUISH The definition of "bodily Injury" under SECTION V -DEFINrrtONS Is replaced by the following: "Bodily injury" means bodily Injury. slokness, or dIsease sustained by a person, Including mental angulsn or death resulting from any of Ihese at any lime. VCA201 02 05 li\Cludes CQPYilghted maltrlal 0' Insurancll SolVk:es Olllco, Inc. CoPytlgh! :2004. 111111111111111111111111111111111111111 11111111111 @@@@@@@@@@@@@@@@@@@@@ Pago 1 of 4 '. $. aROAD FORM NAMED INSURED a. The Who Is An Insured provIsion under SEOTION " -LIABILITY COVERAGE Is amended to Include tha followIng: . . . .. ~ . Any or'ganlzaUon whIch Is a legally Incorporated entity In whloh you own a financial Interest of more than 50% of the v.oUng slock on the offectlve datI) of this Coverage Form will be a Named Insured unlll1he 180th day or the end of the policy period whichever comes first, provldad there Is no olher similar Insurance avail- ablo to that organization . . b. Paragraph a. of thIs provision 6. does not apply to "bodily Injury" or "ptoperly damage" for whloh an "Insllred" Is also an Insured under any olher alilomobile policy or would be an Insured under such a policy. but for Its t~rmlnatl~:>n or the exhaustion of Its limit of Insufanco. r. COMMUNICATIONS EQUIPMENT a. The exclus!on for eleotronlo equfpment onder exclusions of SECTION III .. PHYSICAL DAMAGE COVeRAGE does hot apply to loss of any permanently Instal/ed, lion-removable communloaUons e.qulpment designed for use $S a: 1. Cll/zen's band radio; 2. Two-way mobile radIo or telephonej 3, Soannlng monitor receiver, or 4. GPS Navigation System Including lis antenna and oth'ar accessories. b. No Deducllble applies to this addflional coverage. c. . The most we will pay for this coverage Is $2.000 par occllrrenoe. 8. PRIVEOTHERCAR-EXECUTIVE OFFloeRS . a. The w~)O Is An Insured provisIon under SE~iION JJ -' LIABILITY COVERAGE Is ame~ded to In~lude: If you are designated In the DeclaraUons' as: 1. An IndivIdual: you and yourspouse. 2. A partnership; your partners and their spouses. . 3. An organization other than an IndIvidual or a partnership; you n$XOcuUve officers" and theIr spouses. b. SECTION 11-LIABIUry COVERAGE and SEOTION /II ... PHYSICAL DAMAGE COVERAGE aro extended to Include "autos" you don't own, hire, lease or borrow while In the oare, Qustody or control of an Insured listed In 8.a. This does not Include any "auto": 1. Owned by any Insured lIsted In 8.8" or any member of their household. Including any suoh "auto" that Is owned but not Insured;' . 2. Used by an Insured !fsted In 8,a. white working In tho business of seiling s9lVlcfng, repairing or parking autos; Of, 3. Insured under anoth&r policy of Insuranoe. If MedIcal Payments, UnfnsuredlUnderlnsured Molor!sf, Personal InJUly ProteoUon or other compulsory coverages ft:lqulred by the governIng Jurisdlotlon are covered on Ihls policy, then Insureds listed In 8.a. above and family members rllsldlng In the same households are "Insureds" while: 1. Oooupylng as a passenger, or 2. A pedestrla,n wheo struck by any auto you do not own. hire, lease or borrow, except any auto' owned by that Insured ilatad·ln 8.ft, their family members or an aut0,lnsured under any other polley. . c. The limits and deduct/bles applloable to this provIsion will be tha largest applicable to any owned "auto" for the specifiC: Insuranoe. d. The following definition Is added to SECTION V -OEFINITIONS of the policy: "Exeoutive officer" moans a person holding any of the ottloer positions created by your chartor. consUtu- tlon. by~law$ or any Similar governing dooument, e. The Other Insurance Condition, under SECTION IV -BUSINESS AUTO CONOITIONS, does not apply to the provlslons of this Drive Other Car endorsement. There Is no "other In$uranc:e" applicable to this en- dorsement. P1Ige20r4 1f1<)ludes copyll,ghled material of InsurMC8 SOMceS Olllce, Inc. VCA 201 0205 Copyrfght 2004.11111111111111111111111111111111111111111111111111 , 9. DUTJES IN THE EVENT OF ACCIDENT! CLAIM, SUIT OR lOSS Ul1der saCT/ON IV -BUSINESS AUTO CONDITIONS -the DittIes In Tho Event Of Accident, Claim, Surt Or loss Condlllon Is amended as follows: The requIrements that you Jnust a. notify us of an "accldoht" olalm, "suit" or "loss" and b. send liS docum~nt$ concerning a claim or "suif' apply only whan slIch "accIdent·, claIm, "sulf' or "loss" Is known to: o. You. It you are an Indlvldual; b. A partner. It you are a partnershIp; c. An exeoullve officer of the corporation or Insurance manager! It you are a corporation; or d. A manager, It you are a limited liability company. 10. EMPLOYEES AS INSUREDS • The Who Is An Insured provision under SECTION" -LIABILITY COVERAGE Is-changed by adding the following; Anyemployse of yours while using a covered "auto" you don't own, hIre or borrow In your busIness or your personal aftalrs. ThIs coverage Is excess over any other colleotlble Insurance. 11. EXTRA EXPENSE -BROADENEO COVERAGE I, Under Paragraph A. of SECTION 111-PHYSICAL DAMAGE COVERAGE, the following Coverage Is added: We will pay for the expense of roturnlng a stolen covered "auto" to you subject to Paragraph C. LImit Of Insuranoe. 12. FELLOW EMPLOYEE EXCLUSION The Fellow I:mp!oye9 exclusion under SECTION 11-LIABILITY COVERAGE does not apply If the "bodily Injury" resulls from the use of a covered "auto" you own or hire. ThIs coverage Is excess over any othor In~ suranco. 13. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. DeductIble -of SeCTION'" -PHYSICAL DAMAGE COVERAGE, the fol/owlng Is added: No deduotlble applfes to glass damage If the glass Is repaired rather than replaced. 14. HIRED AUTO-PHYSICAL DAMAGe COVl:RAGE If hIred "autos" are covered "aulos" under SECllON " ... LIABILITY COVERAGE and If Comprehensive, Specified Causes of Loss. or Collision coverages are provIded under thIs policy for any "auto" you OWO. 'then SECTION 111-PHYSICAl. DAMAGE COVERAGE Is extended to "autos" you hire, subJeot to tho fo/- lowfng 11m/I: The moat we will pay for "'oss" to any hIred "auto" is the lesser of: a. $,50,000, b. Tho aotual oash value, or c. The cost of repairing or replacIng It with other property of like kind or quality. The daducllble wlll be equal to the largest daducUble applicable to any owned "auto" tOT that ooverage. No deductible applies to "Ioss" caused by fire or lightning. Hired Auto PhysIcal Damage coverage /s excess over any other collecllble Insurance. SubJeot to the above limit. deductible and eXOOS$ provisions, we will provIde coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use otthe hired "auto"l1 the followIng condlllons are met: a. It results from an accIdent, b. you afe legally liable, and c. tho lessor Incurs an aclual financial loss. The most we will pay for this loss 01 US$ coverage Is $1,000 per "aceldent", VCA201 0206 Includei copytlghted m3terlal of Insurance Servl~s OlflCe. Ino. Page30! 4 Copyr!ghl2004, II 1111111111" I II II IIII/I! 111111 III III 11111111 II II , 16, H/RaD AUTO ... WORlOWIDE OOVERAGE raRRlrORY , Tho deflnilloll·of coverage t(lhl!o~ rn GpnBml O(mdllloll$ .... Policy Petlod, OOVl)fa(lo i<mltory -01 SIiO- r/ON IV ... BUSINESS Auro OONDITIONS Is amended 10 add: Anywhere In the world for aulos hIred for 30 day& or less, provided that any "suit" 1$ brpught til the Ulllto" Slaies of Amolloa (fnoludl/l{lll$ terrllor/es and PO$$OSSIOM), Puerto Rloo or Oanada. 18, LEASE GAP OOVtiRAOE Under Paragraph C. LImIt of Irumralloe -ot SeCTioN Ill'" PHYSIOA~ DAMM~ COVf:lRAGEJ Ihe foJ/ow- Ing /s added; . Wo WIll arso pay tho difference blllW~on Iho aolual cash vafq9 of a oovered "aU{oll at Ihe lime of -losslI and Ihe remaInIng ba/ancG on.yourlease It !Ila fonowtng condlllons are mel: a. rho "au ton has a long t(lfln ((IPse and Is covered on Ihle po!rcy. ' • . 1>. iho lessorfs added as an AddJUonal Insurod In a WflUen loas9 agrooment.' . . u, You nre legally obllgaled forth9 (omalnlt\g balance. W~ wlll.llot pRy for flny'amollnts represtmllng excess wear and tear chArges; addlUonal mileaGe cfjnTOOfl; • taxos; overdue paymonts; panalllos,lnterest or ohargo$ fosulUng (rom overdua paymenl$j or loftse term/nft- HOIl feas. 17. l.IAbILlTY OOVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Ulidor SECTION 11-UABILI'f'Y COVERAOI!, the oovorttga exlell~lon for Sup'plomentary Payments Is ra· vlsnd as follows: ',' . . . a. The limit for tho cosl of ball bondals amended to $3,600. b, The limit for reasonable OXpol\sotllnourred by the "Insurod" 1$ amended to $500 l\ day. . 18. NEWLY }:ORMBD OR ACQUIREltORGANIZATIONS a, Tho Who Is All'nflured provIsIon umlor SECTION II ... LJAJ3/J..ITY COVliRAGE Is amondod to Inolud& as an I'lnsurad" any organIzation that 14101ma(( or acquIred by you and ()Ver whloh you maintaIn maJorIty ownershIp. • ~ b. .Paragraph Q, of thla provIsIon 18. does not upply to any otganlzallon; 1. That 1& a Jelnt venture or pnrtno(shlp, 2. That Is an t'/nlmrod'· un40r allY oilIer poflGY. 3. That hus exhausted lis limIt of Insuranoe und&r any other polloy, or 4. 180 days or'moro flllar Its ttcqulaltloll or 'ormallon by YQU, l/Illoss YOll havo (liven Us lloUce of tho ft¢qulslUon or 'orma\lon. 0. Paragraph A. of thIs provisloll 18. dOGS not apply 10 "bt;Jdl/y Injury" or "property damage" that reaulls f(oln anl/acoldont" that ooourred bllfer!) yeu formed or acqulrod the organlzallon. 19. PHYSI~AI.. DAMAGE -TRANSPORTATION EXPENSES COV~RAGE Under SEOTfON 1/1-PHYSIOAI. DAMAG!i Ooverage Ektensfon&. fh$lImll for Transportation expenso81$ amoodod to $75 per day and tho MaxImum Is amtlndod to $1,800. 20. rOWING ... oov.erum AUTOS Under SE!OTION III ... PHYSIOAL DAMAGE COVe.RAGE, Ooverau~ furrowing 1$ emended as follows: ft. ThIs covettlge ftppJ/es to allY covered "nuto" fotwhloh a premium oharge lor towfng and labor Is shown In the $ohudule Qr In the DeolanllloM. b. The IImltfs$100. Named !naurfldl CnrolJ.Q Ullgil\OlltB, A Profe4l/lio1lltl Corporation Endorsement Date: 12/31/09 Policy Numpexi 1180103170000 Insuranoe OOJ1lpallY: OneBe4oon America Insul.'anc$ Cornptuty Inctltd •• ~opYllghted malellel of Insl.l/an~ SeMetli O/IJo~, In\). OopyrflJhl2004, 11111111111111111111111111111111111111111111111111 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: JUNE 14,2010 CMR:273:10 TYPE: PUBLIC HEARING SUBJECT: Levy of Assessment for California Avenue Area Parking Bonds -Plan G: Fiscal Year 2010-2011 and Adoption of a Resolution Confirming Engineer's Report and Assessment Roll, California Avenue Parking Project No. 92-13 (For Fiscal Year 2010-2011) RECOMMENDATION Staff recommends that Council adopt the attached resolution (Attachment A) confirming the Engineer's Report and Assessment Roll for California Avenue District, Project No. 92-13 and levying assessments for FY-2011. BACKGROUND By virtue of the prior establishment of the assessment district and issuance of debt, Council action is required to levy assessments for the active parking project in the California Avenue area. These assessments will be utilized for the payment of principal and interest on bonds for capital improvements pursuant to the attached resolution. These funds are separate and distinct from permit fees that are used to pay for operation and maintenance of parking facilities. The active project is listed and described as follows: 1. California Avenue District, Ted Thompson Parking Structure, Project 92-13: Construction of a two-level parking structure on Cambridge Avenue between Birch Street and Nogal Lane. Parking bonds issued under Bond Plan G (Section 13.16.150, Palo Alto Municipal Code) require that a public hearing be held annually (the second Monday in June) on the assessments, which must be levied to pay principal and interest on the bonds. The purpose of the public hearing is to allow each property owner the opportunity to question the computation ofhislher assessment and the elements which comprise it, that is, the square footage of each occupied building, the off-street parking requirements for the usage, and the off-street parking provided. Assessments are levied on the basis of building square footage, with a credit given for the off-street parking provided by the property owner. Additional details about the Parking Assessment District-Plan G bond capital improvement program projects can be found in Attachment B. CMR:273:10 Page 1 of3 DISCUSSION The assessment rates for FY 2010-11 (Attachment C) per square foot of adjusted building area and the amount levied for the projects are: PROJECT 1. California Avenue District, Ted Thompson Parking Structure, Project 92-13 *Rate per weighted assessment factor. * * Rate per land square footage. ASSESSMENT RATE PER ADJUSTED BUILDING SQUARE FOOTAGE $9.89* $0.056** Total: DOLLARS LEVIED $114,328.22 $ 38.109.39 $152,437.61 Approximately $341,000 in excess construction funds in the California Avenue District bond fund for the Ted Thompson parking garage, Project 92-13, was used to reduce the tax roll required to pay offfue bonds sold to fmance the project. To equalize assessments, the funds were spread uniformly over the duration of the bonds (20 years) beginning with the 1996 assessments. Attachment D lists changes made to the assessment rolls. The estimated assessments were sent to property owners within the California Avenue district on March 25, 2010. Assessments were modified due to recent changes in business site conditions (square footage, vacancy, etc.), which were brought to staffs attention by property owners since the estimated assessments were prepared. Because the hearing is the legally prescribed process for property owners to raise assessment questions, it may be necessary to have a second addendum available at the Council meeting that reflects changes brought to staff's attention since the Council packet was delivered. The public hearing for the assessment district may need to be continued if staff receives late information from a property owner that cannot be verified and included in the amended rolls prior to the hearing. RESOURCE IMPACT The project is funded by the assessment district and no City General Fund monies are involved. Although assessments are generally subject to Proposition 218, this particular assessment is exempt from Proposition 218 since all of the assessment proceeds are pledged to repay bond indebtedness issued prior to enactment of Proposition 218 in 1996. Parking district maintenance costs, including sweeping, landscaping, signing and lighting are paid for by parking permit fees, which were last increased in 2005 in the California Avenue Parking District. These are separate from the funds used to pay for construction of the parking garage. POLICY IMPLICATIONS Approval of this action does not represent any change to existing City policies. CMR:273:10 Page 2 of3 ATTACHMENT A RESOLUTION NO. --- RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO CONFIRMING ENGINEER'S REPORT AND ASSESSMENT ROLL CALIFORNIA AVENUE PARKING PROJECT NO~ 92-13 (For Fiscal Year 2011) THE COUNCIL OF THE CITY OF PALO ALTO DOES RESOLVE asfollows: Section 1: After proceedings conducted pursuant to the Palo Alto Municipal Code, a public hearing has been duly held on the Engineer's Report and assessment roll prepared for the above fiscal year to pay the principal and interest on bonds issued pursuant to Resolution of Intention No. 7930, adopted by the Council of the City of Palo Alto on August 9, 1993; Section 2: This Council has heard all persons having an interest in any real property within the parking assessment district; has heard all objections, protests, or other written communications from any persons interested in the real property within the district; has taken and received oral and documentary evidence pertaining to the matters contained in the report; and has remedied and corrected any errors or informalities in the report and revised and corrected any of the acts or determinations of the various City officials as contained therein; Section 3: The Engineer's Report and assessment roll, and each of the assessments. therein as fully revised and corrected, is hereby approved and confirmed and adoption of this Resolution constitutes the levy of the assessments for fiscal year 2010-11. ' /I /I /I /I /I /I /I /I /I /I -1- ATIACHMENTD CALIFORNIA AVENUE DISTRICT AMENDMENTS PRELIMINARY ROLL Address, Use Square Parking Parking Assessments Parcel Number Feet Reqd. Prov 92-13 2250 Park 20C 1755 6 3 $527.43 124-28-002 240 Cambridge 13C 1620 13 3 $747.86 124-28-004 26B 780 306 Cambridge 20C 2125 7 0 $646.11 124-28-009 318 Cambridge 26B 4912 20 0 $1349.17 124-28-010 350 Cambridge 20C 19762 82 18 $4838.49 124-28-011 20C 2969 10 VAC 2467 200 California 20C 8133 27 $1692.23 124-28-027 20C 450 206 California 20C 10000 32 6 , $1713.13 124-289-028 220 California 20C 6930 22 0 $1423.08 124-28-029 230 CaIifornia 20C 6930 22 0 $1423.08 124-28-030 260 California 13C 9625 62 6 $4306.40 124-28-033 290 California 15B 7965 55 0 $3870.17 124-28-034 26B 7965 2363 Birch 23B 625 5 0 $405.57 124-28-035 13C 646 -2307 Birch 13C 923 31 $2080.55 124-28-036 26B 1285 23B 915 26B 4250 164 California 26B 16514 95 81 $3481.92 124-28-045 23B 680 20C 7406 250 Cambridge 20C 15908 113 28 $6363.73 124-28-050 20C 9000 VAC 10269 265 Cambridge 32 3493 9 5 $513.71 124-28-053 0 201 California 13C 2410 20 0 $1273.06 124-29-001 20C 1350 2418 Park 13C 1920 25 0 $1765.47 124-29-002 20C 3168 23B 1240 2435 Birch 13C 1246 24 0 $1460.45 124-29-004 20C 3776 23B 1350 299 California 20C 11608 52 0 $3376.28 124-29-005 23B 6662 249 California 26C 9844 28 $2058.22 124-29-007 265 California 32 4000 22 2 $1477.30 124-29-021 VAC 2800 261 California 26B 6820 28 0 $1792.25 124-29-022 2290 Birch 20C 3059 10 0 $803.59 124-32-002 366 Cambridge 13C 2250 20 0 $1358.13 124-32-003 20C 1075 20C 700 378 Cambridge 20C 8797 40 2 $2412.71 124-32-005 26B 2015 23B 1600 400 Cambridge 20C 9800 32 0 $1971.28 124-32-006 410 Cambridge 20C 6200 32 0 $1971.28 124-32-007 VAC 3600 430 Cambridge 20C 5420 20 0 $1412.11 124-32-009 20C 834 438 Cambridge 20C 3536 14 4 $934.27 124-32-010 VAC 776 450 Cambridge 26B 2400 10 $788.96 124-32-011 454 Cambridge 15B 1542 7 0 $770.39 124-32-012 23B 1542 2237 El Camino 13C 760 7 $435.66 124-32-016 20C 760 2231 El Camino 26B 2868 12 3 $620.45 124-32-017 2225 El Camino 15B 1040 7 5 $409.06 124-32-018 26B 72 2209 El Camino 13C 3167 21 3 $1239.65 124-32-019 15B 385 310 California 13C 1695 47 0 $3339.18 124-32-034 26B 2685 26B 6000 330 California 15B 4360 21 10 $1239.24 124-32-035 15B 3240 360 California 26B 6707 28 6 $1510.13 124-32-036 366 California 20C 5070 32 2 $1990.72 124-32-037 23B 2300 32 4430 392 California 26B 4000 20 5 $1085.81 124-32-038 26B 800 406 California 13C 3150 24 6 $1293.19 124-32-039 23B 1598 414 California 14A 6098 34 20 $1639.48 124-32-040 440 California 13C 1000 24 0 .$1661.22 124-32-041 26B 4250 442 California 20C 263 3 2 $278.93 124-32-042 15B 659 448 California 13C 1825 18 9 $928.59 124-32-043 23B 1000 26B 992 460 California VAC 7404 35 0 $2119.44 124-32-044 23B 3200 VAC 1196 480 California 20C 14166 73 5 $4136.03 124-32-045 20C 2204 20C 3010 20C 3240 490 California 20C 18387 81 37 $3391.17 124-32-046 15b 8037 2335 EI Camino 20C 5292 17 $1006.13 124-32-047 2325 EI Camino 26B 1360 9 5 $428.49 124-32-048 23B 1360 2305 EI Camino 13C 285 22 2 $1310.28 124-32-049 23B 1257 433 Cambridge 20C 2119 16 . $969.91 124-32-051 20C 1150 23B 1551 20C 330 20C 400 415 Cambridge 20C 6112 20 0 $1356.37 124-32-052 409 Cambridge 20C 3466 11 5 $621.48 124-32-054 375 Cambridge 20C 4934 16 6 $837.59 124-32-056 2265 EI Camino 13C 1716 40 0 $3221.70 124-32-070 20C 5621 23B 700 26C 3247 321 California 13C 4905 32 14 $1509.21 124-33-001 410 Sherman 20C 6691 22 8 $1518.30 124-33-005 430 Sherman 20C 11094 36 0 $2186.05 124-33-006 475 California 13C 1852 13 0 $845.66 124-33-012 23B 454 463 California 13C 1475 20 7 $1010.33 124-33-013 26B 2361 459 California 26B 3362 14 4 $829.23 124-33-014 451 California 26B 1062 8 3 $520.22 124-33-015 26B 1062 445 California 13C 1427 11 9 $425.45 124-33-016 15B 1248 437 California 20C 2200 1129 6 $1555.65 124-33-017 26B 5186 433 California 23B 1160 3 2 $191.82 124-33-018 429 California 26C 4989 16 0 $1195.39 124-33-019 26C 726 421 California 13C 1320 9 0 $548.50 124-33-020 415 California 13C 2514 26 4 $1426.13 124-33-021 26B 2513 405 California 20C 2370 21 6 $1079.98 124-33-022 15B 1200 26B 2291 2450 Ash 20C 1794 6 0 $578.20 124-33-025 2443 Ash 23B 421 25 $2332.56 124-33-027 20C 7388 381 California 3 580 47 0 $2819.94 124-33-028 13C 207 26B 1480 13C 2486 17 7407 361 California 13C 1872 12 5 $907.77 124-33-029 341 California 26B 4000 32 5 $1743.67 124-33-030 20C 4500 449 Sherman 20C 4500 33 0 $2401.04 124-33-042 445 Sherman 20C 22100 84 0 $8131.93 124-33-043 20C 3900 409 Sherman 20C 7869 38 6 $2406.78 124-33-046 VAC 4000 407 Sherman 20C 5074 16 0 $1051.66 124-33-047 385 Sherman 20C 21600 70 0 $5455.04 124-33-055 2401 El Camino 14A 3953 22 14 $1003.28 124-33-061 425 Sherman 20C 17752 74 0 $5153.53 124-33-065 VAC 5268 2441 Park ZOC 1191 4 2 $173.54 124-37-002 2441 Park 20C 1211 4 3 $108.01 124-37-014 109 California 13C 1112 9 8 $121.83 124-37-029 26B 480 125 California 20C 1530 5 3 $185.81 124-37-032 151 California 20C 3201 10 3 $575.02 124-37-043 AMENDED ROLL Address, Use Square Parking Parking Assessments Parcel Number Feet Reqd. Prov 92-13 2250 Park 20C 1755 6 3 $521.83 124-28-002 240 Cambridge 13C 1620 1~ 3 $705.45 124-28-004 26B 780 306 Cambridge 20C 2125 7 0 $634.95 124-28-009 318 Cambridge 26B 4912 20 0 $1316.60 124-28-010 350 Cambridge 20C 19762 82 18 $4709.46 124-28-011 20C 2969 10 VAC 2467 200 California 20C 8133 27 1 $1650.68 124-28-027 20C 450 206 California 20C 10000 32 6 $1671.58 124-289-028 220 California 20C 6930 22 0 $1387.97 124-28-030 230 California 20C 6930 22 0 $1387.97 124-28-030 260 California 13C 9625 62 6 $4197.42 124-28-033 290 California 15B 7965 55 0 $3767.43 124-28-034 26B 7965 2363 Birch 23B 625 5 0 $396.68 124-28-035 13C 646 2307 Birch 13C 923 31 $2080.55 124-28-036 26B 1285 23B 915 26B 4250 164 California 26B 16514 95 81 $3459.60 124-28-045 23B 680 20e 7406 250 Cambridge 20C 15908 113 28 $6196.92 124-28-050 20C 9000 VAC 10269 265 Cambridge 32 3493 9 5 $507.36 124-28-053 201 California 13C 2410 20 0 $1241.13 124-29-001 20C 1350 2418 Park 13C 1920 25 0 $1724.09 124-29-002 20C 3168 23B 1240 2435 Birch 13C 1246 24 0 $1422.17 124-29-004 20C 3776 23B 1350 299 California 20C 11608 52 0 $3286.85 124-29-005 23B 6662 249 California 26C 9844 28 $2015.13 124-29-007 265 California 32 4000 22 2 $1442.19 124-29-021 VAC I 2800 261 California 26B 6820 28 0 $1747.53 124-29-022 2290 Birch 20C 3059 10 0 $787.62 124-32-002 366 Cambridge 13C 2250 20 0 $1321..32 124-32-003 20C 1075 20C 700 378 Cambridge 20C 8797 40 2 $2352.02 124-32-005 26B 2015 23B 1600 400 Cambridge 20C 9800 32 0 $1919.71 124-32-006 410 Cambridge 20C 6200 32 0 $1919.71 124-32-007 VAC 3600 430 Cambridge 20C 5420 20 0 $1380.18 124-32-009 20C 834 438 Cambridge 20C 3536 14 4 $914.62 124-32-010 VAC 776 li50 Cambridge 20C 8942 29 10 4,228.61 124-32-011 454 Cambridge 15B 1542 7 0 $759.23 124-32-012 23B 1542 2237 El Camino 13C 760 7 $424.88 124-32-016 20C 760 2231 El Camino 26B 2868 12 3 $606.12 124-32-017 2225 EI Camino 15B lQ40 7 5 $405.46 124-32-018 26b 972 2209 El Camino 13C 3167 21 3 $1210.75 124-32-019 15B 385 310 California 13C 1695 47 0 $3258.31 124-32-034 26B 2685 26B 6000 330 California 15B 4360 21 10 $1221.64 124-32-035 15B 3240 360 California 26B 6707 28 6 $1475.02 124-32-036 366 California 20C 5070 32 2 $1941.00 124-32-037 23B 2300 32 4430 392 California 26B 4000 20 5 $1061.68 124-32-038 26B 800 406 California 13C 3150 24 6 $1264.43 124-32-039 23B 1598 414 California 14A 6098 34 20 $1617.16 124-32-040 440 California 13C 1000 24 0 $1621.29 124-32-041 26B 4250 442 California 20C 263 3 2 $277.30 124-32-042 15B 659 448 California 13C 1825 18 9 $914.26 124-32-043 23B 1000 26B 992 460 California VAC 7404 35 0 $2063.11 124-32-044 23B 3200 VAC 1196 480 California 20C 14166 73 5 $4025.75 124-32-045 20C 2204 20C 3010 20C 3240 490 California 20C 18387 81 37 $3312.84 124-32-046 15b 8037 2335 EI Camino 20C 5292 17 $980.55 124-32-047 2325 EI Camino 26B 1360 9 5 $422.14 124-32-048 23B 1360 2305 EI Camino 13C 285 22 2 $1278.35 124-32-049 23B 1257 433 Cambridge 20C 2119 16 $945.96 124-32-051 20C 1150 23B 1551 20C 330 20C 400 415 Cambridge 20C 6112 20 0 $1324.44 124-32-052 409 Cambridge 20C 3466 11 5 $611.86 124-32-054 375 Cambridge 20C 4934 16 6 $821.62 124-32-056 2265 EI Camino 13C 1716 40 0 $3145.07 124-32-070 20C 5621 23B 700 26C 3247 321 California 13C 4905 32 14 $1480.28 124-33-001 410 Sherman 20C 6691 22 8 $1490.62 124-33-005 430 Sherman 20C 11094 36 0 $2126.81 124-33-006 475 California 13C 1852 13 0 $824.07 124-33-012 23B 454 463 California 13C 1475 20 7 $989.56 124-33-013 26B 2361 459 California 26B 3362 14 4 $813.26 124-33-014 451 California 26B 1062 8 3 $512.24 124-33-015 26B 1062 445 California BC 1427 11 9 $422.27 124-33-016 15B 1248 437 California 20C 2200 29 6 $1518.91 124-33-017 26B 5186 433 California 23B 1160 3 2 $190.19 124-33-018 429 California 26C 4989 16 0 $1169.81 124-33-019 26C 726 421 California 13C 1320 9 0 $534.17 124-33-020 415 California 13C 2514 26 4 $1389.41 124-33-021 26B 2513 405 California 20C 2370 21 6 $1056.03 124-33-022 15B 1200 26B 2291 2450 Ash 20C 1794 6 0 $564.74 124-33-025 2443 Ash 23B 421 25 $2273.40 124-33-027 20C 7388 381 California 3 580 47 0 $2744.91 124-33-028 13C 207 26B 1480 13C 2486 17 7407 361 California 13C 1872 12 5 $896.61 124-33-029 341 California 26B 4000 32 5 $1700.58 124-33-030 20C 4500 449 Sherman 20C 4500 33 0 $2348.33 124-33-042 445 Sherman 20C 22100 84 0 $7913.28 124-33-043 20C 3900 409 Sherman 20C 7869 38 6 $2342.11 124-33-046 VAC 4000 407 Sherman 20C 5074 16 0 $1026.08 124-33-047 385 Sherman 20C 21600 70 0 $5334.66 124-33-055 2401 E1 Camino 14A 3953 22 14 $990.49 124-33-061 425 Sherman 20C 17752 74 0 $5014.50 124-33-065 VAC 5268 2441 Park 20C 1191 4 / 2 $169.60 124-37-002 2441 Park 20C 1211 4 3 $106.04 124-37-014 109 California 13C 1112 9 8 $119.86 124-37-029 26B 480 125 California 20C 1530 5 3 $181.87 124-37-032 151 California 20C 3201 10 3 $561.01 124-37-043 TO: FROM: DATE: CITY OF PALO ALTO Memorandum HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT JUNE 14, 2010 CMR: 264:10 REPORT TYPE: PUBLIC HEARING SUBJECT: Adoption of an Ordinance Amending Section 18.28.050 (Site Development Standards) of the Palo Alto Municipal Code to add a Maximum House Size Limit to the Open Space Zone District. Staff requests that this item be continued to a date certain of October 4, 2010. The open space district neighborhood association, Palo Altans Protecting Open Space (P APOS), has requested a continuance of the ordinance amendment scheduled for June 14, in order to have more time to prepare and meet with Council members. CURTIS WILLIAMS Director of Planning and Community Environment TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: JUNE 14, 2010 REPORT TYPE: ACTION DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 274:10 SUBJECT: Approval of a Vesting Tentative Map and Record of Land Use Action to Create Five Condominium Units on a 6,000 Square Foot Lot at 420 Cambridge Avenue EXECUTIVE SUMMARY In 2008, the City Council had approved a rezoning to Pedestrian Transit Oriented Development (PTOD) zone to accommodate the mixed use project at 420 Cambridge Avenue, which was then approved through the Architectural Review Board (ARB) process on March 11, 2010. This Vesting Tentative Map is proposed for condominium purposes. The proposal is consistent with the ARB approved project and with all applicable regulations for subdivisions per the Palo Alto Municipal Code (P AMC). The findings for subdivision approval are phrased in the negative, such that if they are made affirmatively, the subdivision can be denied. The Planning and Transportation Commission has unanimously recommended approval of the map. Council's review authority is limited to making the same subdivision findings. Council reviewed and approved the site layout in the PTOD zoning in 2008. RECOMMENDATION Staff and the Planning and Transportation Commission recommend that the City Council approve the proposed Vesting Tentative Map and adopt the findings and conditions contained within the Record of Land Use Action (Attachment A). BACKGROUND The project site is located in the California Avenue Shopping District and is one block north of California Avenue. After Council-approved the PTOD zoning for the site in 2008 (CMR:436:08), the ARB reviewed the development plans and recommended approval by the Director of Planning and Community Environment. The Director approved the ARB application March 11, 2010. The project was subject to appeal and none was filed. The approved project includes 1,449 square feet of commercial space, residential parking, storage, mechanical room, recycling/trash and residential entry lobby on the ground floor, and four, three-story residential units (approximately 1,485 square feet each) above. The applicant's intention for condominiums CMR: 274:10 Page 1 of3 has been clear throughout the process, but the City requires the process to occur subsequent to ARB approval. Additional background information related to the project's details and history are included in the Record of Land Use Action, and in the Applicant's Project Description (Attachment C). Vesting Tentative Map regulations are set forth in PAMC Chapter 21.13. Vesting Tentative Maps confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time that an application is determined to be complete by the City, provided that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. DISCUSSION The proposed Vesting Tentative Map is to subdivide one existing 6,000 square foot parcel to establish five condominium units (four residential units and one commercial unit). The common areas of this development include (1) the undesignated areas of the parking garage that include the mechanical room, recycling/trash area, and access areas; (2) the open patio areas on the Plaza level; and (3) the access bridges on the third level of the residential units. The private areas include the individual units and the private patios directly adjacent to them, parking spaces allotted to each unit, and designated storage units in the garage. The Covenants, Conditions and Restrictions (CC&R's) for this development outline the responsible parties for maintenance and general upkeep. The Vesting Tentative Map includes information on the existing parcels and onsite conditions. City staff has determined that the Vesting Tentative Map application is in compliance with zoning, subdivision, and other codes and ordinances. The map contains all information and notations required to be shown on a Vesting Tentative Map (per PAMC Sections 21.12.040 and 21.14.020). The required findings are included in the Record of Land Use Action (Attachment A). Pursuant to the State Subdivision Map Act, the required findings are stated in the negative such that if any of the findings are made the map shall be denied. Staff believes none of the findings can be made to require denial of the map. COMMISSION REVIEW AND RECOMMENDATIONS On May 26, 2010, the Planning and Transportation Commission (PTC) conducted a public hearing and recommended (6-0-0-1) that the City Council approve the Vesting Tentative Map. No members of the public gave testimony at the hearing. Draft minutes from the PTC hearing are included in Attachment E. RESOURCE IMPACTS As reported in CMR: 436:08 for the PTOD rezoning, the project is expected to result in $5,600 in annual property and utility user tax revenue for the City. Since the commercial floor area will likely consist of a personal service use, there will be no sales tax revenue. Once the four residential units are sold, an estimated $10,600 in one-time documentary taxes will be realized. POLICY IMPLICATIONS The proposed subdivision is consistent with the goals and policies of the Comprehensive Plan. The residential and "Personal Service" commercial use of the development are consistent with CMR: 274:10 Page 2 of3 ATTACHMENT A ACTION NO. 2010-xx RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO OF LAND USE ACTION FOR 420 CAMBRIDGE AVENUE: VESTING TENTATIVE MAP 10PLN-00092 (CLARUM HOMES, APPLICANT) On June 14, 2010, the City Council of the City of Palo Alto approved the Vesting Tentative Map to subdivide one parcel to create five condominium units (four residential and one commercial), making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. On March 15, 2010, Clarum Homes applied for a Vesting Tentative Map to subdivide one existing 6,000 square foot parcel for the development of five condominium units comprised of 1,449 square feet of commercial space (personal Service) and residential parking on the ground floor and four three-story residential units above, approximately 1,485 square feet each ("the Project") . B. Following staff review, the Planning and Transportation Commission ("Commission") reviewed the Project. on May 26, 2010 and voted [6-0-0-1] to recommend that Council approve the project. The Commission's actions are contained in the CMR: XXX:10. C. The Vesting Tentative Map plan set dated April 14, 2010 (received April 15, 2010) includes information on the existing parcels, and onsite conditions. These drawings are in compliance with the applicable provisions of the City's Subdivision Ordinance. These plans contain all information and notations required to be shown on a Vesting Tentative Map (per PAMC Sections 21.12), as well as the design requirements concerning the creation of lots, streets, walkways, and similar features (PAMC 21.20) . SECTION 2. Environmental Review. The California Environmental Quality Act (CEQA, requires that a Lead Agency examine the potential environmental impacts of the 'whole of an action' which has the potential to physically change the environment, directly or indirectly, and not just the act of merely subdividing a parcel to create condominium units. In this case, the subdivision would ultimately facilitate the construction of mixed use development which is not exempt from CEQA requirements. An environmental impact assessment was prepared for the project at the time of the rezoning and architectural review, and it was determined that, with the implementation of mitigations, no Page 1 of5 potentially adverse impacts would result from the development and, therefore, the project would have a less than significant impact on the environment. The Mitigated Negative Declaration was adopted November 17, 2008 in accordance with the California Environmental Quality Act (CEQA). SECTION 3. Tentative Map Findings. A legislative body of a city shall deny approval of a Vesting Tentative Map, if it makes any of the following findings (California Government Code Section 66474) : 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: This finding can not be made in the af~irmative. The site does not lie within a specific plan area and is consistent with the provJ.sJ.ons of the Comprehensive Plan. The land use designation in the area of the subdivision is Regional/Community Commercial which allows mixed use development and the zoning designation is PTOD. The proposed development is consistent with the land use and zoning designations of the site. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: This finding can not be made in the affirmative. The map is consistent with the following Comprehensive Plan policies: (1) Policy L-l -Limiting future urban development to currently developed lands within the urban service area; and (2) Policy L-6: Where possible, avoid abrupt changes in scale and density between residential and non-residential areas and between residential areas of different densities. 3. That the site is not physically suitable for the type of development: This finding can not be made in the affirmative. The site can accommodate the proposed development. The site is adjacent to established commercial development and multi-family development. The site is relatively flat and regular in shape. The site is close to the California Cal Train station and is currently served by water, gas, wastewater, electric, and communication services. The site also has standard access for ,emergency service delivery. 4. That the si te is not physically sui table for the proposed density of development: This finding can not be made in the affirmative. The subdivision would be consistent with the site development regulations of the PTOD zone district. The proposed density of Page 2 of5 development is not considered growth inducing as indicated in the project's Initial Study/Mitigated Negative Declaration. I 5 . Tha t the design of the subdi vi sion or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habi tat: This finding can not be made in the affirmative. The project is an infill site surrounded by development and in a commercial shopping district. The proj ect' s Initial Study and Mitigated Negative Declaration state that there are no significant impacts to existing sensitive wildlife and plants. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: This finding can not be made in the affirmative. The subdivision will not cause serious public health problems. The resulting mixed use development will, not cause a public health problem in that it is designed to provide access for emergency services, will supply necessary utility services, such as sanitation, and is designed per City and State standards to ensure public safety. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public a t large, for access through or use of, property wi thin the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The subdivision of the existing parcel will not conflict with easements of any type, in that the subdivision is compatible with the emergency vehicle access and any utility easements that would be required to serve the proposed developments. SECTION 4. Approval of Tentative Map. Vesting Tentative Map approval is granted by the City Council under Palo Alto Municipal Code ("PAMC") Sections 21.13 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record. Page 3 of5 SECTION 5. Final Map Approval. The Final Map submitted for review and approval by the City Council of the City of Palo Alto shall be in substantial conformance with the Vesting Tentative Map prepared by Giuliani & Kull, Inc titled "Vesting Tentative Map for Condominium Purposes Tract No. __ " consisting of one page, dated April 14, 2010 (received April 15, 2010), except as modified to incorporate the conditions of approval in Section 6. A copy of this Tentative Map is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Vesting Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as condit~onally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 6. Conditions of Approval. Department of Planning and Community Environment Planning Division 1. A Final Map, in conformance with the approved Vesting. Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Tentative Map approval date (PAMC 21.13.020[c]). 2. The project shall comply with the previous Conditions of Approval associated with the rezoning and architectural review approvals (08PLN-00020 and 09PLN-00064) . SECTION 8. Term of Approval. Tentative Map. All conditions of approval of the Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010 [c]). Unless a Final Map is filed, a~d all conditions of approval are fulfilled within a two-year period from the date of Tentative Map approval, or such extension as may be granted, the Tentative Map shall expire and all proceedings shall terminate, Thereafter, no Final Map shall be filed without first processing a Tentative Map (PAMC Section 21.16.010[d]). Page 4 of5 PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Asst. City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: Director of Planning and Community Environment Those plans prepared by Giuliani & Kull, Inc titled "Vesting Tentative Map for Condominium Purposes Tract No. ____ " consisting of one page, dated April 14, 2010 (received April 15, 2010). Page 5 of5 I ATTACHMENT B LOCATION MAP * 420 Cambridge Avenue ATTACHMENT C , ---- r-------1(.~LARLI!'0 He )MES Environmental Innovalfons In Homebuilding 420 CAMBRIDGE AVE. PRELIMINARY ARB Steven Turner Senior Planner 17 January 2008 Department of Planning and Community Development City of Palo Alto 1'ENT"4,...,e MAP .t1 AI() RE: Preliminary Architectural Review Board Meeting and Zoning Request for 420 Cambridge Ave. Mr. Turner: Clarum Homes has prepared documents for a Preliminary Architectural Review Board Meeting and PTOD zoning of420 Cambridge Avenue. We would appreciate your scheduling the proposed project for the next available Preliminary Architectural Review Board Meeting and re-zoning hearing. The project is preliminary in nature; and we are happy to present you with an architectural design that intends to offer interest & vitality to the integrated California Commercial & Pedestrian-Transit Oriented districts. The following items are included with the submittal: • Project Description • Drawing Set I Please let us know if there is anything else that is required to proceed with the Preliminary Architectural Review Board Meeting and PTOD re-zoning. We look forward to hearing from you and moving this project one step closer to completion. RECEIVED 420 Cambridge Prelim ARB Letter 01112008 Sincerely, ;MAR 152010 Department of Planning & Stuart Welte, AIA Communtty Environment Clarum Homes V.P. Architecture & Development (650) 793-2856 599 College A "enlle, r' Floor, Palo Alto, Callfomia 94306 (650) 322-7069 Fat (650) 322·4550 Page 1 of J 1(~CAf~L 1M HCJMCS L . _ _ ___________ ~¥ ~ lintJIroumenlallllnovatfons In Homebuilding 420 CAMBRIDGE AVE. PROJECT DESCRIPTION Project Description 420 Cambridge Avenue 17 January 2008 . ~ ".. ~. # ."... I~· •• II ... '. CIa rum Homes is a Palo Alto based company that 'specialize's in near-zero energy green building. We at Clarum Homes have been building green since 1999 and have been awarded the California Governor's Award for Sustainability in 2006. We would like to continue our tradition of building highly energy efficient, award winning, environmental1y friendly buildings by developing 420 Cambridge Avenue in Palo Alto. The site at 420 Cambridge Ave. is currently vacant. Clarum Homes is the owner and would like to develop the property as part of the California Avenue Pedestrian and Transit Oriented Combining District (PTOD), zone CC (2) and the Califolllia Avenue Parking Assessment District. The California Avenue Caltrain Station is just a few blocks from the site and can be walked to in five minutes. We plan to offer Personal Services on the ground floor and Residential Condominiums on the podium above. Clarum Homes desires to develop this infill site in a way that compliments nearby businesses, residences and transportation hubs. Clarum Homes has created a number of drawings to clarify the proposed design. The design is intended to conform to the guidelines and requirements of the City of Palo Alto. Effort has been made to make the project an attractive addition to Cambridge Avenue and the surrounding neighborhood. The site is located close to Caltrain and major bus stops. Close access to public transportation will make both the residential units and the personal services business easily accessible by public transportation. Clarum Homes would like to have the California Avenue PTOD overlay zoning applied to this parcel and is applying to do so. This document and the accompanying drawings is intended to provide enough information for the Architectural Review Board to provide preliminary comments on the design and for the PTOD zoning to be approved. A list of design parameters is shown in Table 1: Taylor Zoning lnformation in order to show how this project conforms to city regulations. A more complete list of applicable zoning ordinances, including cross references to the Palo Alto Municipal Code, is included in Appendix A. 420 Cambridge Project Description.Prelim ARB 01112008 599 Co/Jese Awnue, r Floor. Palo A 110, California 94306 (650) 322-7069 Fax (650) 322-4550 Page 1 of4 f ' . . .-'". . ----. -.----------.. ---- tCLARLIM HOMES; Environmental Innovations in Homebulfdlng 420 CAMBRIDGE AVE. PROJECT DESCRIPTION T bl 1 T I Zo' I ~ t' a e : aYJor nIDI! norma Ion Item Required! Allowed Actual Zone CC(2) Parking Assessment District Calif. Ave. Area Parking Assessment District PTOD Calif. Ave. PTOD Commercial Use Retail and Personal Serv ices, Eating and Drinking Services Max Site Coverage 100% = 6000 sf 6000 sf Commercial Square Min .25:1 FAR = 1500 sf 1500 sf Footage Residential Square Footage Max 1:1 FAR = 6000 sf 6000 sf Total FAR 1.25:1 FAR = 7500 sf 7500 sf BackYard 0 0 Side Yard 0 0 Landscape/Open Space 20%= 1200 sf 3050 sf Coverage Usable Open Space 200 sq ft per unit for 5 or 1400 sf fewer units := 800 sf Maximum Height 40' 40' Daylight Plane at Back No Requirement Number of Residences 5 4 Parking Exempt Floor Area Ground Floor Area = 1500 1500 sf sf Residential Parking Stalls 2 per2BR= 8 8 i 4 x 2 stacked) Guest Parking Stalls 33% of Units = 1.33 1 Accessible Stalls 1 van accessible 1 van accessible Loading Parking 0 0 Bicycle Parking Stalls 5 5 BMR Units 0 0 Ground Floor The ground floor consists of 1500 square feet of commercial space utilized for personal services or eating and drinking services. The ground floor is 5' below gtade. The below grade level is reached by a driveway and pedestrian ramp leading to the back of the garage and stairs and an elevator at the front of the building. All of the floor space on the ground floor is exempt from parking, as the total floor space is less than 0.5 FAR, and the building is in the California Avenue Parking Assessment District. There are a total of 10 parking spaces on the ground floor, one is a van accessible handicapped parking space, one is a guest parking 420 Cambridge Project Description-Prelim ARB 01112008 599 College Avenue, rt Floor, Palo Alto, Cali[omia 94306 (650) 322-7069 FCC( (650) 322-4550 Page 2 of4 . ~ ~ -----. -----~ -. -:(~LAI\lIM I-IC)MES • ~ T' _. _ •• Envlronmentallutl-ovations III Homebuilding 420 CAl\-IBRIDGE AVE. PROJECT DESCRIPTION space and the remaining eight parking spots are provided via four stalls, each with a car stacker. Each residential unit will be assigned a parking stall with a car stacker. The car stackers enable residents to safely park one car on top of another. Thus each two bedroom unit is being provided with two parking spots. All parking that is required by code is provided. A skylight brings light into the parking area and rear of the cOlnmercial unit. Bicycle parking is provided with bicycle lockers on the ground floor in two locations. The commercial space has windows on the front and back of the unit. A ramp leads from the front sidewalk down to the back entrance of the commercial space. The commercial space can also be accessed at the front of the building, either through the elevator, or by descending stairs. The commercial unit has one accessible unisex restroom. Trash, utility, mechanical, recycling and ground floor storage spaces are shared \vith residential units. Portions of the back wall of the bottom floor and the garage door are open and allow the passage of air through the garage. Two sets of stairs connect the ground floor to the residence plaza level. One set of stairs is near the front of the property, the other set of stairs is at the back of the property. The same elevator that a] lows access to the commercial unit is used to access the plaza level of the residences. Separate key codes will offer security & control access. Plaza ' The plaza is located one floor above the garage. The plaza is open in the center with four loft style townhouse residential units, one in each comer of the plaza. Gardens, planters, patios and the open plaza area create open space for the residents. Two sets of stairs connect the plaza level with the ground floor along with an elevator. A skylight at the plaza level gives light to the garage below. A trash/recycling chute gives residents access to the conection area located on the ground floor. Residential Units Four townhouse residential units are situated at the plaza level. A courtyard separates all four units. Windows occur on three sides of each unit, giving each unit abundant natural light and ventilation. Each townhouse is 3 stories. The ends of the units that face the front and back of the lot are set back and angled back from the property line. Each unit has patios and garden areas for open space. The midpoint of the roofs is at 40 feet. Architectural Style The architectural style for the project is Eco-Functionalism. The project incorporates many ecologically friendly components and incorporates them in a functional and attractive manner. Green Features Clarum Homes takes a sustainable approach to building all of its projects. This project is likely to employ many of the following sustainable practices and products. 420 Cambridge Project Description-Prelim ARB 01112008 599 CQI/ege Arenlle, 21>.1 Floor, Polo AlIo, California 94306 (650) 322-7069 Fat (650) 322-4550 Page 3 of4 review of final details, and tThe Director of Planning and Community Environment (Director) approved the ARB application on March 11,2010. Project Description The proposed Vesting Tentative Map is to subdivide one existing parcel to establish five condominium units (four residential units and one commercial unit). The project site is located in the California Avenue Shopping District and is one block north of California Avenue. The project parcel is 6,000 square feet and the proposed approved development includes 1,449 square feet of commercial space (Personal Service), now proposed as a for-sale commercial condominium unit for personal service use, and residential parking on the ground floor, now proposed as a common area for parking, storage and recycling/trash needs consistent with the approved ARB application, and four, three-story residential units above (approximately 1,485 square feet each) on the two floors above the common area, now proposed as individual residential condominium units with the podium level designated as common area. The Vesting Tentative Map includes information on the existing parcels and onsite conditions. Additional project information is included in Attachment C. Scope of Commission Review The scope of the Commission's review for the purposes of this Vesting Tentative Map application is limited to the "design" and "improvement" of the proposed subdivision. In this context, the terms "design" and "improvement" are defined in the Subdivision Map Act as follows: "Design" means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Section 66473.5. (Government Code, section 66418) (a) "Improvement" refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. (b) "Improvement" also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. (Government Code, section 66419) The design and improvement of the subdivision should be distinguished from the design of the approved structures to be located within the subdivision. The approved ARB plans (Attachment D) are provided to Commissioners for information only. City of Palo Alto Page 2 SUMMARY OF KEY ISSUES Vesting Tentative Maps confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time that an application is determined to be complete by the City, provided that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. City staffhave determined that the Vesting Tentative Map application is in compliance with zoning, subdivision, and other codes and· ordinances. The map contains all information and notations required to be shown on a Vesting Tentative Map (per PAMC Sections 21.12.040 and 21.14.020). The findings allowing for Council approval of the map are included in the Record of Land Use Action (Attachment A). Pursuant to the State subdivision Map Act, the required findings are stated in the negative such that if any of the findings are made the map shall be denied. Staffbelieves none of the findings can be made to require denial of the map, so it must be approved. POLICY IMPLICATIONS The proposed subdivision is consistent with the goals and policies of the Comprehensive Plan. The residential and "Personal Service" commercial use of the development are consistent with the associated land use designation of Regional/Community Commercial use. TIMELINE Upon recommendation by the PTC, the project application will be forwarded to City Council for final action, tentatively scheduled for June 14,2010. ENVIRONMENTAL REVIEW The proposed project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration was adopted November 17, 2008 for this proposed project, which anticipated subdivision for condominium purposes. ATTACHMENTS: Attachment A: Draft Record of Land Use Action Attachment B: Location Map Attachment C: Applicant's Project Description and Supplemental Information* Attachment D: ARB Plans for Information Only (Commissioners Only) Attachment E: Vesting Tentative Map (Commissioners only)* *Prepared by Applicant COURTESY COPIES: Nicole Gittleson, Clarum Homes [nicole@clarum.com] Prepared by: Clare Campbell, Planner City of Palo Alto Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ROLL CALL: 6: 00 PM Commissioners: Daniel Garber -Chair Attachment E Special Meeting of Wednesday, May 26, 2010 Council Chambers, Civic Center, 1st Floor 250 Hamilton Avenue Palo Alto, California 94301 Staff: Samir Tuma -V Chair ( absent) Susan Fineberg Julie Caporgno, Chief Plan. & Transp. Official Melissa Tronquet, Senior Deputy City Attorney Steven Turner, Advance Planning Manager Amy French, Current Planning Manager Eduardo Martinez Arthur Keller Clare Campbell, Planner Lee 1. Lippert Lisa Green, Admin. Assoc. Greg Tanaka AGENDIZED ITEMS: 1. Comprehensive Plan Update 2. 420 Cambridge Ave. APPROVAL OF MINUTES: Special Meeting on May 12. 22 Chair Garber: I would like to call to order this Wednesday, May 26 meeting of the Palo Alto 23 Planning and Transportation Commission. Would the Secretary please call roll? Thank you. 24 25 Who do we have today as our Vice Chair? Commissioner Martinez you are to be the Vice Chair 26 today. 27 28 Now would be the time for anyone that would like to speak to the Commission on items that are 29 not on our agenda. We have no cards for those that would like to speak to us on items not on our 30 agenda. 31 32 ORAL COMMUNICATIONS. Members of the public may speak to any item not on the agenda 33 with a limitation of three (3) minutes per speaker. Those who desire to speak must complete a 34 speaker request card available from the secretary of the Commission. The Planning and 35 Transportation Commission reserves the right to limit the oral communications period to 15 36 minutes. City of Palo Alto May 26, 2010 Page 1 of76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AGENDA CHANGES, ADDITIONS AND DELETIONS. The agenda may have additional items added to it up until 72 hours prior to meeting time. Chair Garber: We will have one change of our agenda, which is the order. We will do item number two before item number one. Would Staff care to make a presentation? Commissioner Fineberg has now joined us. NEW BUSINESS. Public Hearing: 2. 420 Cambridge Ave.: Request by Clarum Homes, on behalf of Lucco Inc., for approval of a Vesting Tentative Map to subdivide one existing parcel to establish five condominium units (four residential units and one commercial unit). Zone: PTOD. Environmental Assessment: A Mitigated Negative Declaration was adopted November 17, 2008 in accordance with the California Environmental Quality Act (CEQA). Ms. Clare Campbell, Planner: Good evening Commissioners. The proposed Vesting Tentative Map is subdivide one existing 6,000 square foot vacant parcel located in the California Avenue Shopping District to establish five condominium units, four residential units approximately 1,485 square feet each, and one 1,449 square foot c,ommercial unit. 23 The project has completed the Architectural Review and the rezoning process, and now lastly the 24 subdivision is the last step in the entitlements. 25 26 The approval of a Vesting Tentative Map shall confer a vested right to the applicant to proceed 27 with approved development in substantial compliance with the ordinances, policies, and 28 standards in effect at the time the application is approved. That is the difference between a 29 Vesting Tentative Map and just a regular Tentative Map. 30 City of Palo Alto May 26, 2010 Page 20/76 1 City Staff has determined that the Vesting Tentative Map application is in compliance with 2 zoning, subdivision, and other codes and ordinances. Pursuant to the state Subdivision Map Act 3 the required findings are stated in the negative such that if any of the findings are made the Map 4 shall be denied. Staff believes that none of the findings can be made to require denial of this 5 Map. 6 7 Also, for your reference I have put at places the Architectural Review Board and the PTOD 8 rezoning findings for you to refer to for Comprehensive Plan policies that support the project that 9 is here today. The applicant is present and available for questions. Thank you. 10 11 Chair Garber: Actually, the applicant may make a presentation. They will have up to 15 12 minutes if you would like. You don't have to. You can simply ask for questions, your choice. 13 14 Mr. Stuart Welte, Project Architect: Good evening. We have made so many presentations on the 15 project that I would be very happy to do so but thinking of you I would say that if you have any 16 questions I am more than happy to answer them. The owner is here as well. So to spare you yet 17 another presentation of this project, which has been here and developed through your guidance, 18 City Council's guidance, Architectural Review Board's guidance, Planning Staff's guidance, and 19 actually every department in the building like engineering, etc. we feel that the project is 20 fantastic at this time and we are just really anxious to get under construction. So with that I am 21 more than happy again to answer any questions you may have, and I will just take a seat until 22 you do so. Thank you. 23 City of Palo Alto May 26, 2010 Page 3 of 76 1 Chair Garber: Thank you. I don't believe we have any cards from the public for item number 2 two, but we will open the public hearing. If anyone comes in from the public and would like to 3 speak we will recognize them as we need to. 4 5 Commissioners, back to us for questions or comments? I have lights from Commissioner Keller 6 and then Fineberg. Commissioner Keller. 7 8 Commissioner Keller: Thank you. I notice that in the Staff Report and also in the Record of 9 Land Use Action in particular in Section 1, paragraph (a) it references that the commercial 10 spaces for personal service. I am not sure the extent to which this is in the conditions of 11 approval. It probably was but I notice that the attached CC&Rs do not make reference to the 12 nature of the uses allowed for the first floor commercial space. I am wondering whether the 13 CC&Rs should make reference to the allowed uses so that not only is it an enforcement issue for 14 the City but also since it affects the residential portion of the building whether the condo 15 association that is formed should have some purview over that usage. 16 17 Ms. Amy French, Current Planning Manager: I just was going to mention that I just had a quick 18 look through the findings that were used for approval of the PTOD and the Architectural Review 19 and the reference in the findings for approving that project refer to commercial use. The project 20 was not approved based on findings that it was personal service as a specific commercial use, 21 though the plans did note personal service on the approved plans. I am just bringing that up just 22 if that has any bearing on your thinking. 23 City of Palo Alto May 26, 2010 Page 4 of 76 1 As far as CC&Rs, would CC&Rs normally state what type of commercial use would be on the 2 ground floor? 3 4 Ms. Melissa Tronquet, Senior Deputy City Attorney: For the City's purposes I think you are 5 saying the zoning limits it to commercial uses. 6 7 Ms. French: Yes, well it is ground floor commercial use in a district that has limitations on 8 ground floor uses. So what Commissioner Keller is referencing is something about code 9 enforcement. We do have purview over saying what can go on the ground floor. What it was 10 approved for was personal services though it is referenced as commercial use in a more generic 11 fashion in the findings for those previous approvals. 12 13 Ms. Campbell: I can clarify something too for that. In the PTOD Ordinance itself it does call 14 out the uses that are allowed and it does say personal service in the PTOD Ordinance itself for 15 this project. 16 17 Commissioner Keller: Well, what I am wondering is there are multiple uses that are allowed. 18 When this project was brought before us there was a specific mention that there would be 19 personal services and not any of the other allowed uses. I am not worried about whether 20 personal services are allowed. I am concerned about whether other uses -in other words, this 21 project was proposed as personal services for the first floor. I am wondering what enforcement 22 there will be that is in fact as represented to us as personal services. In fact, it is mentioned in 23 the drawings as personal services. It is mentioned in parenthesis in Section 1, paragraph (a). I City of Palo Alto May 26, 2010 Page 5 of 76 1 am wondering to what extent does that have force of law, and whether by putting it in the 2 CC&Rs, and 1 am not sure whether this is the purview of the Commission or not, but by putting 3 it in the CC&Rs then the other owners of the building, the people who live there, would have say 4 over the use of this space, while otherwise only the City has say over the use of the space. 5 6 Chair Garber: A question perhaps and 1 am not exactly sure if it is to Commissioner Keller or to . / / 7 Staff. The use as far as the Commission would be concerned or maybe as far as the City is 8 concerned would be anything that would be allowed as part of the PTOD that the project went 9 through two years ago. Correct? 10 11 Ms. Tronguet: Right. The City would be able to enforce any requirements that are in that zone .12 as well as any requirements that are in the conditions of approval. So to the extent that is what 13 you are talking about that is what the City would be able to enforce. 14 15 Chair Garber: So let me just ask Commissioner Keller though, you are concerned about the 16 specific use is what, or how does it play into the question of the Map? 17 18 Commissioner Keller: Well, my concern is that this project was represented to us as personal 19 services be on the ground, and 1 am wondering whether that was along the way a condition of 20 approval. Also the issue is that right now the way that the CC&Rs read, by the way the CC&Rs 21 do have a comment in here in terms of ... 1 am trying to find it. 22 City of Palo Alto May 26, 2010 Page 6 of 76 1 Chair Garber: As Commissioner Keller is looking for the quote let me just ask the attorney. The 2 approval of the Map is irrespective of the specific CC&Rs that may be in place, is that the case? 3 4 Ms. Tronguet: Right, it is a little bit outside the purview of what you are looking at in terms of 5 the subdivision map. What you are looking at for the subdivision map is design and 6 improvements. For the Map Act that means elements related really to Public Facilities. It is 7 outlined in your Staff Report but it is things like whether the site is physically suitable for the 8 type of development, things like that. 9 10 Chair Garber: To the Commissioner's other line of questioning though which is was there a 11 condition of approval though that specified this particular use? One moment, let's let Staff and if 12 we need some support we will do that. Was there any specific condition of approval that 13 specified that particular use that we should be concerned about here? 14 15 Ms. French: The ARB approval did not contain a condition that said it must be personal service 16 use on the ground floor. Clare has said that the ordinance for the PTOD referenced the personal 17 service as the ground floor use. So being that it was in that. 18 19 Chair Garber: The question was is it allowed or required as part of the PTOD? 20 21 Ms. French: It was the basis for which the parking was calculated, etc. 22 City of Palo Alto May 26, 2010 Page 7 of 76 1 Chair Garber: I think germane to Commissioner Keller's question here the way that that PTOD 2 Ordinance is written is the personal services a required use or is that one of many uses that can 3 be located on the ground floor? 4 5 Ms. Campbell: For this particular ordinance it was limited to personal service. There was not 6 the full array of available uses that were listed in the PTOD code. So it is like a PC Ordinance 7 where it lists specifically these are the allowable uses. 8 9 Commissioner Keller: So what you are basically saying is that the ordinance that allowed for the 10 PTOD limited it to personal services. So the only kind of use, obviously it could be vacant if 11 nobody rents it, but the only kind of use allowed is personal services. Is that correct? 12 13 Ms. Campbell: That is my recollection, yes. 14 15 Commissioner Keller: Okay. In that case, then we understand what the City's point of view is. 16 I found the thing. It is basically Article 7, Use Restrictions, on page 25 of the CC&Rs. There is 17 a detailed description for use restrictions. Later on there are restrictions on hours in terms of 18 some restriction of hours of the commercial condominium, in particular page 30 has Commercial 19 Condominium Hours and Parking Restrictions. There is no corresponding restriction on use for 20 the commercial condo to personal services. That seems to be an omission that probably should 21 be corrected in the CC&Rs. 22 City of Palo Alto May 26, 2010 Page 8 of 76 1 Whether the Commission has purview over that I am not sure but the issue is that if I were 2 considering living in that condo association and I knew that it was supposed to be restricted to 3 personal services I would want some right of action for that. 4 5 Chair Garber: City Attorney. 6 7 Ms. Tronguet: I think that is fine. I think the applicant can take that comment and consider it. 8 What is important for the City is really the ordinance and our ability to enforce is based on the 9 'ordinance. So the City, regardless of what the CC&Rs say, the City would still be able to 10 enforce the requirement for personal service that is in the ordinance. 11 12 Commissioner Keller: Thank you. So let me give that then as instructions, if I may, to the 13 applicant that I would encourage you to modify the CC&Rs to put the limitation to personal 14 services in the CC&Rs as a limitation on use for the commercial condo. Then you have belts and 15 suspenders. Thank you. 16 17 Chair Garber: Thank you. Commissioner Fineberg. 18 19 Commissioner Fineberg: I have a question regarding the growth-inducing impacts. If you look 20 at Attachment A, the Record of Land Use Action, page 2 of 5, Section 4, could Staff please give 21 me a quick list of what potential growth-inducing impacts could be? Not necessarily limited to 22 the scope of this project. The reason I am asking that is it talks about growth-inducing with 23 respect to service and utilities infrastructure. I am wondering whether there are other growth- City of Palo Alto May 26, 2010 Page 9 of 76 1 inducing impacts of a project like changes in population, or demand for parking. What are the 2 other hypothetical growth-inducing impacts that are not mentioned? 3 4 Ms. French: I am probably not going to answer your question. This is a finding that is in the 5 negative. If you find that it is not physically suited for this proposed density then that would be 6 contrary to the approved project that the Planning Commission recommended to the Council, 7 which then approved, and then ARB approved this project with this density. So I guess maybe 8 your question goes to a larger concept. 9 10 Commissioner Fineberg: Let me try and get at this from a different direction. Let's say there are 11 20 potential things that could be growth-inducing from having built a project. If we are having 12 to make a finding that says the site is not suitable, and then if we found that we would deny it. 13 Then what is it that you are considering to say it is not suitable? So if we say it is suitable 14 because it doesn't do bad things on two parameters, therefore we don't make the finding, but are 15 we considering those eight other parameters? So for instance let's look at population growth. 16 We have a Comprehensive Plan that says we build roughly 2,400 units anything in excess of that 17 is growth-inducing and not analyzed in our Comprehensive Plan. I realize this is only four units 18 but I want to bring it up as a question of cumulative impacts. Four units here, 100 units 19 somewhere else, 50 units somewhere else, and we have exceeded the amount of cumulative 20 units. We are into growth inducements in population. Yet, the finding that we cannot make it in 21 the affirmative is because we are only saying it is not growth-inducing with respect to service 22 and utility infrastructure. What about population? What about school? What about traffic? City of Palo Alto May 26,2010 Page 10 of 76 1 What about public infrastructure? Four plus 100, ten times cumulatively it is growth-inducing. 2 So where are we on this? 3 4 Ms. French: Perhaps you want to add a period after the word 'inducing,' so you are not having 5 to list the myriad potential. 6 7 Chair Garber: I do~'t know if this will help. This finding usually relates to, and Staff can 8 correct me, circumstances where for instance the proposal has somehow worked its way through 9 Staff to us and there are more units than you can fit, which· would require the project to be taller 10 or have greater mass, or to infringe upon a setback or something of that sort, using a really 11 obvious example. Then you would be able to make a very obvious finding that it is bigger than a 12 breadbasket. The sorts of things that you are talking about are not found on a project basis but 13 they would be found as part of the analysis that would have gone into the creation of the PTOD 14 Overlay initially. That sort of analysis would have been done relative to the overall 15 infrastructure that is being provided to the district as opposed to this specific project site. Is that 16 fair? 17 18 Ms. French: So cumulative impacts would have been addressed for the project with the 19 environmental document that was prepared. 20 21 Ms. Julie Caporgno, Chief Planning and Transportation Official: I think growth-inducing 22 normally is interpreted as you have to· increase for instance the sewage capacity. So in other 23 words, what this project would do is you would approve this project and then other projects City of Palo Alto May 26, 2010 Page 11 of76 1 could be added to the population or employment. So it is not that four units are growth-inducing. 2 Obviously there is some growth occurring but it is that it is going to induce additional growth. 3 That is what growth-inducing usually is. 4 5 Chair Garber: So by way of example, let's say that the allowable uses included, I am making 6 something up here, but laundering that let's say requires a tremendous amount more water than is 7 currently being delivered to site and a lot more waste being taken away from the site that would 8 cause impacts to infrastructure that is currently serving that site. That would be then a flag for 9 the City to come back and say you are beyond what the findings currently allow you need to 10 either submit or you are not allowed or we need to look at this as a variance or something of that 11 sort. Am I roughly in line there? Is any of this helping? 12 13 Commissioner Fineberg: It is but I am still struggling with why are we only saying it is not 14 growth-inducing with respect to service and utIlity infrastructure? There is so much beyond the 15 scope of just those two items. It is just sort of like why did we pick -that is why I started with 16 my question of what are the hypothetical 20 things that could be supported or required to be 17 improved if there was growth. I understand this is not a huge project. This is a small project. 18 This is only four residential units. When do we cumulatively look at the sum total of all the 19 projects that are growth-inducing? When do we look at our schools? We are having to build 20 new schools and new classrooms. Our streets? We are having more and more intersections 21 failing. Our parking on northern California is short. It is only four units and one commercial 22 space but cumulatively it is all together growth-inducing, and all we are saying here is but that is 23 okay because we don't have to build a new sewer, and what services are needed it is so small? City of Palo Alto May 26, 2010 Page 12 0/76 1 But cumulatively our Public Safety Building, this plus all 100 other projects that are moving 2 through the pipeline, all of it together we don't have the service. We are having to build lots of 3 stuff. Our infrastructure backlog is getting bigger and bigger, and yet we are saying it is not 4 growth-inducing on the utilities infrastructure. So when do we stop growing so we can catch up? 5 It is only a small project, I firmly get that. Why are we only looking at just those two growth- 6 inducing impacts when there are 20 of them? I guess where I am going is I would like to see in 7 this a statement that says it is not going to impact schools. It is not going to impact demand on 8 public safety. It is not going to impact demand on streets. It is not going to impact demand on 9 parking. Because I am not sure we could say all those things but yet we are not saying it is 10 impacting parking, it is impacting schools, but we can't consider that. 11 12 Ms. Caporgno: Just to clarify, I think what Amy had suggested is probably by singling out these 13 two aspects of what could be considered growth-inducing you are probably right. It sounds like 14 it probably should have said the proposed density of development is not considered growth- 15 inducing, and the CEQ A document that was prepared in conjunction with this demonstrates that 16 that is not the case. I guess it was unwise to have identified just the two elements. 17 18 Commissioner Fineberg: Okay, that would satisfy me. Also, I looked down briefly and I have 19 been harping on the two, the service and the utility infrastructure, but if you also look it 20 continues with 'or with respect to access.' So there are sort of three things, but there could have 21 been 20 that we would have found the negative for. So I would be satisfied that saying it is not 22 growth-inducing period. 23 City of Palo Alto May 26, 2010 Page 13 of 76 1 Chair Garber: Nice catch. Commissioner Lippert. 2 3 Commissioner Lippert: I just want to make a quick comment regarding Commissioner Keller's 4 previous comment with regard to the CC&Rs and limiting it to the personal services on the 5 ground floor. I am not in agreement with Commissioner Keller with regard to giving direction to 6 the applicant to include that in the CC&Rs, and for very good reason. Number one, when 7 somebody moves into that ground floor space they are going to have a Use and Occupancy 8 Permit. It is going to be very clear as directed by Staff when they go in for that it is going to 9 have to justify that it is in fact a personal service use that is going in on the ground floor. So if a 10 retail use tried to go in there, if an office use tried to go in there, they would be denied day one 11 that they went in. Number two, we are going through a very tough economic crisis right now. 12 By putting it in the CC&Rs it may be a belt and suspenders approach but it may be in fact instead 13 o~ keeping the pants up it may be keeping the developer or the person from actually taking their 14 pants off at all. What I mean by that, is the issue is that in this tough economic crisis if for 15 instance they were not able to get a personal services use in there on the ground floor all the 16 applicant would really need to do is come back before the Commission and the City Council and 17 ask that that space be rezoned. If they put it in the CC&Rs they have to get agreement from the 18 entire building and undo the CC&Rs. If residents in the building had a problem with that ground 19 floor use they could always remedy it by addressing it through us at the time that there was a 20 public hearing. So there is adequate process here. I am concerned about belt and suspenders 21 during tough economic times I think may in fact be doing us a disservice because what we want 22 to see is somebody in that ground floor space. 23 City of Palo (\lto May 26, 2010 Page 14 of 76 1 Chair Garber: I think the Commissioner was not making it a requirement but making it a 2 suggestion. 3 4 Commissioner Lippert: Okay, I am putting it on the record in case City Council picks this up 5 and does make it a requirement. I am cautioning against that. 6 7 Chair Garber: I think the City Attorney essentially said it is outside of our purview relative to 8 the Map Act that we have to take action on this evening, but just to clarify. 9 10 Commissioner Lippert: It is. Then I just wanted to make one other comment with regard to 11 Commissioner Fineberg's comments with regard to growth-inducing. My interpretation of that 12 is that the city built with excess capacity to address a certain amount of growth. When they put 13 in a sewer line, when they put in a water line in your street, and I think Julie had mentioned that 14 using the analogy with the waste line it is meant to take a certain amount of effluent. If we 15 needed to enlarge that sewer service then that is growth that needs to be addressed. In this case, 16 we have zoned for higher density when they met the requirements ()f PTOD. So what we are 17 actually doing is encouraging more density near where there is transit. That is why we have the 18 PTOD zone. What we are saying is we want to see higher density here and that the city 19 infrastructure can handle it and we don't want to see higher density in other areas, and that is 20 why we have zoning. So from that point of view I think it is just taking up some of the excess 21 capacity that the infrastructure already holds. 22 23 Chair Garber: Commissioner Keller, and then let's see if we can get to an action. City of Palo Alto May 26, 2010 Page 15 of 76 1 2 Commissioner Keller: Thank you. First, with all due respect to my fellow Commissioner 3 Lippert I would be really pissed off if I bought into this condo knowing the City requirements 4 were such that only personal services were allowed, and because of somebody going to the 5 Planning Commission and City Council that got changed, and my property rights got changed, 6 and I had no say over it through CC&Rs, which is why I think that that should be the case that 7 people should do that. It is in the interest of the residents of the building who are owners of their 8 condos to have a viable building that does not have a vacant space on the ground floor, I would 9 assume. So they would be concerned about that. 10 11 The second thing is I paraphrase Commissioner Fineberg's comment. It is sort of if you will the 12 Redwood City salt works project. It is both a large amount of growth and it is also growth- 13 inducing because of the increases in capacity that will be supplied in order to handle that such as 14 increases in water, sewage, supply and order. So those increases in themselves beyond that 15 growth could be further growth-inducing. I think that is the nature of what it is. 16 17 I liken Commissioner Fineberg's question as sort of when do we look at a project and say this is 18 not one more thin mint, in the Monty Python reference for those of you who understand that. 19 20 MOTION 21 22 So with that being said I move the Staff recommendation that the Planning and Transportation 23 Commission recommend that the City Council approve a Record of Land Use Action, City of Palo Alto May 26, 2010 Page 16 of76 1 Attachment A, and proposed Vesting Tentative Map to create five condominium units at 420 2 Cambridge Avenue. 3 4 SECOND 5 6 Commissioner Lippert: I will second that. 7 (' 8 Chair Garber: A second from Commissioner Lippert. Would the maker like to speak to their 9 motion? 10 11 Commissioner Keller: Yes. So I think that this project has been before us and we have reviewed 12 it and we considered it favorably. I personally would like to see PTOD Ordinance in the future 13 changed so that there would be smaller units. What we approved here is what we got back and 14 therefore I think it is reasonable to deal with that. In the future if our objective is to meet the ,15 Housing Element we can do so more effectively with smaller units in the PTOD district which 16 would have less impact on our schools and would provide the kind of housing that we have not 17 provided in the last eight or so years. Basically, most of the housing that we have provided is 18 large units. So therefore we have a shortage of small units developed in the city. So I would 19 encourage us to direct ourselves in that direction in the future. 20 21 Basically, this is under the current ordinance, which allows this. We did review this and on that 22 basis I am happy to forward it onto the City Council. 23 City of Palo Alto May 26, 2010 Page 17 of 76 1 Chair Garber: Commissioner Lippert, would you like to speak to your second? 2 3 Commissioner Lippert: When I reviewed this the first time around I believe I voted in support of 4 the project, but I had major concerns with it. Tonight in seconding the motion I am in agreement 5 with this. I think that the PTOD process is an excellent process. It is one that we have adopted 6 for this area of the city. It is a process that is definitely needed and I really think that this can be 7 an example by which other developers can go and rezone the property and make use of higher 8 density in meeting some really badly needed higher density development in the California 9 Avenue area. I think that this is almost like a world premier of a movie, this is our first one. 10 This is our premier project here, and I hope it winds up being a flagship project as far as setting 11 the bar for other projects like this. 12 13 Chair Garber: Thank you. Commissioner Fineberg, a friendly amendment? 14 15 Commissioner Fineberg: Yes, I would like to offer a friendly amendment. We have already 16 discussed it. In the Record of Land Use Action on page 2 of 5, Section 4, that bottom paragraph 17 reads: The proposed density of development is not considered growth-inducing, period. We 18 delete the next two lines. 19 20 I suggest that because we are not approaching this Record of Land Use Action and the Map from 21 a scatological planning view. There is a lot more there other than sewer and water. So I think 22 we need to just put a period and delete the remainder. 23 City of Palo Alto May 26, 2010 Page 180/76 1 Chair Garber: Will the maker accept the amendment? 2 3 Commissioner Keller: I am wondering if there was a Negative Declaration maybe instead of 4 saying period it should make reference to the Negative Declaration. So in other words, the 5 proposed density of development is not considered growth-inducing as per the Negative 6 Declaration. Would that make more sense or not? Was there a Negative Declaration? 7 8 Ms. Campbell: Yes there was. We can make a reference to that if that is your desire. 9 10 Commissioner Keller: Is that acceptable to Commissioner Fineberg? 11 12 Commissioner Fineberg: Yes, Ijust don't want it hyper-focused on three narrow areas when 13 there are potentially other areas that might be perceived as growth-inducing and we are not 14 mentioning them, and focusing on three things that have no rationale. So that would be fine. 15 . .... 16 Commissioner Keller: So I am going to suggest that the wording be: The proposed density of 17 the development is not considered growth-inducing as per the Negative Declaration. 18 19 Ms. Caporgno: Maybe you could say as per the findings in the Negative Declaration, because 20 there is a mandatory finding of significance for cumulative impacts. We determined that it was 21 less than significant. 22 23 Commissioner Keller: Okay, as per the finding of the Negative Declaration. Thank you. City of Palo Alto May 26, 2010 Page 19 of 76 1 2 Ms. French: Mitigated Negative Declaration. 3 4 Commissfoner Keller: As per the finding of the Mitigated Negative Declaration. Thank you. 5 6 Chair Garber: The seconder? 7 8 Commissioner Lippert: I will accept Commissioner Keller's amendment. 9 10 MOTION PASSED (6-0-01, Commissioner Tuma absent) 11 12 Chair Garber: If there is no more discussion. I am seeing no more lights. Commissioner 13 Fineberg? No. All right, let's vote on the action as amended. All those in favor of the motion 14 say aye. (ayes) All those opposed? The motion passes with Commissioners Tanaka, Fineberg, 15 Garber, Martinez, Keller, and Lippert all voting aye and no nays, with Commissioner Tuma 16 absent. 17 City of Palo Alto May 26, 2010 Page 20 of 76 TO: FROM: DATE: SUBJECT: CITY OF PALO ALTO Memorandum 14A HONORABLE CITY COUNCIL CITY MANAGER JUNE 14, 2010 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 260:10 Stanford University Medical Center Facilities Renewal and Replacement Project Draft Environmental Impact Report -Comment on the Draft Environmental Impact Report, including an overview of the Project Description, Land Use, Population and Housing and Public Services Chapters. This item was originally discussed by the City Council at the June 7, 2010 meeting. However, the Council did not complete the review and continued,the item to June 14, 2010 for additional discussion. This item was previously reviewed by the Planning and Transportation Commission on June 2, 2010. The verbatim minutes document from the June 2, 2010 P&TC meeting is attached to this report. CURTIS WILLIAMS Director of Planning and Community Environment .~~~ W JAMES KEENE '\ ~ City Manager • Demolition of four existing SoM buildings and construction of three replacement buildings, with no net increase in square feet; • Demolition of shops and storage space, renovation of existing Hoover Pavilion, and net addition of approximately 46,000 square feet of new medical, office, research, clinic, and administrative facilities at the Hoover Pavilion Site for medical offices for community practitioners and SUMC-related medical offices, clinical facilities, and support uses; • Demolition of existing parking spaces and construction of 2,985 new and replacement spaces, for a net increase of 2,053 spaces to address additional demand for the SUMC project, to be located in surface parking and above-and underground structures; • Construction of a new road connecting Sand Hill Road and Welch Road, and provision of interior driveways and improved circulation connections, including the extension of Quarry Road to Roth Way; • Widening of Welch Road by the addition of a third lane to accommodate left turns in both directions; and • Related on-site and off-site improvements. The SUMC Project sponsors have applied to the City for the following entitlements: • Comprehensive Plan Amendment; • Creation of a new Hospital zone; • Conditional Use Permit; • Architectural Review; • Annexation of a small piece ofland adjacent to the SoM, and, • A development agreement. The SUMC Project sponsors have identified program, siting, circulation and cost objectives for the SUMC Project. Primary objectives include: • SHC and LPCH: o Optimize delivery of healthcare and services to patients o Achieve timely compliance with the seismic requirements of Senate Bill 1953 o Provide modern, state-of-the-art facilities • SoM: o Optimize ability to translate medical research discoveries into treatments and cures o Allow design flexibility to be able to adapt to changes in medical research needs and technology • Siting and Circulation: o Arrange the buildings and open space areas to create a highly functional medical center environment o Provide sufficient, convenient parking for patients and visitors with sensitivity to the needs of elderly, limited mobility, and ill patients In addition to the SUMC Project sponsor's objectives, the City has identified objectives for the City of Palo Alto Page 4 j J SUMC Project. Some of those key objectives include: • Provide high quality employment districts, each with its own distinctive character arid each contributing to the character of the City as a whole • Create a more walkable, bikeable, mixed-use, transit-oriented, and well-connected urban environment • Locate work force housing close to SUMC sites and train station in order to reduce traffic trips of both employees and employee household members • Encourage public and private preservation and maintenance of resources that have historic merit Additionally, the Project Description includes information on the location of the project, existing setting, changes proposed under the SUMC Project, summary comparison of existing and proposed development, project construction and approvals. Most of the information in this section of the Draft EIR is based on the Project application. The analyses conducted throughout the Draft EIR are based on the Project description. 2. Land Use Land Use impacts are addressed in Section 3.2 of the Draft EIR. Significance Thresholds Land Use impacts are addressed in Section 3.2 of the Draft EIR. Based on the following significance thresholds, the SUMC Project would result in a significant land use impact if it would: • Conflict with any applicable City land use plan, policy, or regulation (including, but not limited to the Comprehensive Plan, coordinated area plan, or the City's Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; • Be incompatible with adjacent land uses or with the general character of the surrounding area, including density and building height; • Conflict with established residential, recreational, educational, religious, or scientific uses of an area; • Physically d'ivide an established community; • Convert prime farmland, unique farmland, or farmland of statewide importance· (farmland) to non-agricultural use; or • Otherwise adversely change the type or intensity of overall existing or planned land use patterns in the area. Key Impacts and Mitigations The following impacts have been identified as significant (S);however the impacts identified in this chapter can be eliminated through mitigation. The mitigation measures developed for each ofthe impacts are also identified below. • LU-I: Conflicts with Adopted Land Use Plans and Policies (S). City of Palo Alto Page 5 , J • Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure), that exceeds ABAG projected levels; • Displace substantial numbers of existing housing units, necessitating the construction of replacement housing elsewhere; • Displace substantial numbers of people,· necessitating the construction of replacement housing elsewhere; or • Cumulatively exceed regional or local population projections. Key Impacts and Mitigations The DEIR found the impact on population and housing to be less than significant. However, for informational purposes the DEIR also included a discussion ofthe secondary environmental impacts relating to increasing the City's jobs/housing balance. Below is a summary of this analysis together with some possible mitigation measures. • PH-3: Impacts on Jobs to Employed Residents Ratio. The SUMC Project would have an adverse impact on the City's jobs to employed residents ratio because it would exceed the existing Comprehensive Plan and zoning allowances for the SUMC Sites and thus require amendment to the Comprehensive Plan and rezoning, and it would increase the City's jobs to employed residents ratio by more than 0.01. However, this impact is not, itself, an environmental impact. Mitigation is presented for informational purposes, and to ensure that all possible options for mitigation of impacts are adequately considered. Mitigation Measures - o PH-3.1: Reduce the impacts on the City's Jobs to Employed Residents Ratio which shall include one or more the following options: • The City shall explore amending the Zoning Code to permit more residential uses, particularly multifamily residential use; • The SUMC Project sponsors shall ensure that a specified number of housing units in the County shall be dedicated to SUMC employees; • The City shall amend the Zoning Code to remove the hospital exemption from payment of the affordable housing fee; • The City shall impose an additional ad hoc housing fee on development to ensure development of required affordable housing. The amount of the fee shall be based on the cost ofthe additional affordable housing units induced by the SUMC Project as well as the cost of the General Fund subsidy contribution to the existing housing impact fee; and/or • The City shall provide an inclusionary housing requirement in the newly created Hospital District. The requirement shall provide a number of options for development of additional housing with an emphasis on affordable housing. Discussion The SUMC Project would not include the development of new housing units and would thus not City of Palo Alto Page 8 ATTACHMENT A - TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: MAY 24,2010. REPORT TYPE: STUDY SESSION DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 253:10 SUBJECT: Introduction of the Stanford University Medical Center Facilities Renewal and Replacement Draft Environmental Impact Report and Outline of Public Review Schedule EXECUTIVE SUMMARY The City contracted with the environmental consulting finn PBS&J to prepare an environmental impact report (EIR) for the Stanford University Medical Center Facilities Renewal and Replacement Project (SUMC). The Draft EIR was published on May 20,2010, commencing an extended public review period that will conclude on July 27, 2010. The public review period has been extended beyond the nonnal 45-day period to provide ample opportunity for the public to comment on this important project. RECOMMENDATION The purpose of this Study Session is to provide the City Council with an overview of the EIR process and to commence public review of the document. BACKGROUND The Stanford University Medical Center (SUMC) comprises the general area between Sand Hill Road, Vineyard Lane, Quarry Road, Pasteur Drive, and including Welch Road and Blake Wilbur Drive. The area is zoned Medical Office and Medical Research (MOR) and Public Facilities (PF). The applicant is proposing the demolition of the existing Stanford Hospital and Clinics (SHC), construction of new hospital buildings, renovation and expansion of the Lucile Packard Children's Hospital (LPCH), reconstruction of the School of Medicine (SoM) facilities, and construction of a new medical office building near Hoover Pavilion to meet State mandated ,seismic safety standards (SB 1953) and to address capacity issues, changing patient needs and modernization requirements. The renovation and expansion project, which would be constructed over a 15-year horizon, would result in a net increase of approximately 1.3 million square feet of hospital, clinic, and office space. The original application for the project described above was filed on August 21, 2007 with the City of Palo Alto. Subsequently, applicants filed nine fonnal application amendments with the latest amendment dated March 25, 2010. The SUMC Project sponsors have applied for 1 amendments to the City's Comprehensive Plan, adoption of a new zoning district, changes in zoning boundaries, a jurisdictional boundary change, design review approvals, and a development agreement. The City distributed a Notice of Preparation (NOP) on August 22,2007, announcing its intent to prepare and distribute an EIR analyzing the impacts of the SUMC Project. The NOP identified two separate projects, including the SUMC Project and the Simon-Properties Stanford Shopping Center Expansion. However, in April 2009, after the DEIR was nearly complete, Stanford withdrew the application for the expansion of the Stanford Shopping Center requiring significant changes to the EIR and delaying the EIR release date.. As such, this EIR addresses only the SUMC Project. The Draft EIR for the SUMC Project was published on May 20, 2010, commencing a public review period through July 27, 2010. At over 1,000 pages, the Draft EIR provides a comprehensive review of environmental impacts, mitigations and alternatives, as described in detail below. The Draft EIR is available for public review via the City's website, www.cityofpaloalto.org/sumc, at the City of Palo Alto Development Center, and at the Palo Alto Main Library. Copies of the document are available on-loan from the Department of Planning and Community Environment, Fifth Floor, Palo Alto City Hall. Comments on the Draft EIR may be submitted in writing or orally at any of scheduled Planning and Transportation Commission (P&TC) hearings or City Council hearings, including the kick-off meeting on May 24, 2010. Additionally, comments can be submitted in writing at any time during the public review period to Steven Turner, Advance Planning Manager, City of Palo Alto Planning and Community Environment Department and via electronic mail at Stanford.Project@cityofpaloalto.org by 5:00 p.m. on July 27,2010. DISCUSSION Description of Physical Improvements The SUMC Project is proposed jointly by Stanford Hospital and Clinics (SHC), the Lucile Packard Children's Hospital (LPCH), and the Stanford University School of Medicine (SoM), which are collectively referred to here as the SUMC Project sponsors. The SUMC Project would demolish and replace on-site structures, adding approximately 1.3 million square feet of net new floor area, broken down as follows: • Demolition, renovation, and construction of SHC facilities, providing a net increase of approximately 824,000 square feet; • Demolition, renovation, and construction of LPCH facilities, resulting in approximately 442,000 additional square feet; • Demolition of four existing SoM buildings and construction of three replacement buildings, with no net increase in square feet; • Demolition of shops and storage space, renovation of existing Hoover Pavilion, and net addition of approximately 46,000 square feet of new medical, office, research, clinic, and 2 unavoidable environmental effects, approval of the SUMC Project would require the adoption of a Statement of Overriding Considerations, indicating that the City of Palo Alto is aware of the significant environmental consequences and believes that the benefits of approving the SUMC Project outweigh its unavoidable significant environmental impacts. Alternatives As required by CEQA, the EIR analyzes several project alternatives. Included are two No Project Alternatives, two Reduced Intensity Alternatives, a Tree Preservation Alternative, an Historic Preservation Alternative and a Village Concept Alternative. The Project sponsors have developed the Tree Preservation Alternative in order to preserve biologically and aesthetically significant oak trees. The Tree Preservation Alternative maintains the same square footage and programmatic functions as the SUMC Project, but proposes design modifications to the new hospital building as well as FIM 1 to accomplish tree preservation. The Project sponsor is promoting the Tree Preservation Alternative and has indicated to City staff that it now prefers this alternative over its original proposal.The City's Architectural Review Board has seen this revised design at study sessions and will be reviewing it through their regularly scheduled meetings. The Tree Preservation Alternative would meet all of the objectives outlined by the SUMC Project sponsors. The Project sponsors consider the Tree Preservation Alternative their preferred Alternative. Also, in an effort to better integrate the surrounding areas and regional transit facilities with the SUMC Project, along with exploring alternative means for reducing vehicle miles traveled (VMT) attributable to employee trips, the City has identified the Village Concept Alternative for consideration. The Village Concept Alternative assumes that the previously approved housing units located in the County of Santa Clara will be occupied by SUMC employees. Taken together staff believes the Tree Preservation Alternative and the Village Concept Alternative meet the Project sponsor's and City's project objectives. Development Agreement In addition, Stanford is seeking a Development Agreement, which will lock in the zoning regulations for a negotiated period of time. Development Agreements are negotiated contracts between the applicant and City. Developers typically apply for a Development Agreement to ensure that the regulations will not change over time and to help secure financing for large-scale projects. In exchange, the parties negotiate an acceptable community benefit package. Since they are the product of voluntary negotiations rather than a unilateral imposition by the governments, community benefits under a Development Agreement are typically broader than EIR mitigation measures and project conditions of approval. As such, community benefits are not legally required to have the same rigorous nexus applicable to other development conditions. A Development Agreement in this case is a discretionary legislative action by the City Coucil and is subject to referendum. The May 24,2010 CMR describes the status of the Development Agreement negotiations. It is not anticipated that the Development Agreement would result in physical environmental impacts beyond those disclosed in the EIR for the SUMC Project. 5 Public Review The Draft EIR is being distributed for a public review and comment period that concludes on July 27, 2010. Readers are invited to submit written comments on the document. Comments are· most helpful when they suggest specific alternatives or measures that would better mitigate significant environmental effects. Staff has shared with the cities of Menlo Park and East Palo Alto copies of the Traffic Impact Report which is the technical analysis of traffic impacts prepared for the Draft EIR. Staff also met with representatives from East Palo Alto on March 31 st and has made contact with staff from Menlo Park to discuss traffic issues. Staff has also contacted these cities to let them know of the release of the Draft EIR and the schedule for public review. Public hearings to take oral comments on the Draft EIR will be held before the P&TC and also the City Council. Traditionally, the public review period for a Draft ElR is 45-days. Due to the complexity of this project and the volume of information contained in the ElR, the public review period has been extended to July 27, 2010, which constitutes 69-days. This expanded review period will allow the P&TC to hold a series of six weekly hearings starting on June 2, 2010. Each hearing will be focused on particular topics in order to allow the Commission and the public time to review the Draft ElR and to allow for more focused comments. The City Council will also hold a series of five public hearings during this same time frame. The structure of the hearing schedule is that the P&TC would review specific ElR topics first, which would then be followed soon after with City Council hearings on the same topics. In total there will be 11 public hearings to collect comments on the Draft EIR as well as an expanded review period enabling a broad forum for public testimony. A schedule of hearings and meeting topics is found in Attachment C. All comments received by 5:00 p.m., July 27,2010, will be responded to in writing as part of the Final EIR. As required by CEQA, responses to all comments will be prepared, and both comments and responses will be included in the Final ElR. The purpose of the scheduled public hearings is to provide the public, P&TC and City Council with opportunities to present comments on whether the information presented in the Draft EIR adequately covers the environmental impacts that could result from the prqposed SUMC Project. The hearings are not meant to be a forum for dialogue about the project merits, but to be opportunities to collect comments on the Draft EIR to ensure that it adequately describes the environmental impacts of the project. NEXT STEPS During the public review period and beyond, the applicant will continue to present preliminary designs for the SHC, LPCH, FIM 1, Hoover Pavilion and Design Guidelines to the City's Architectural Review Board. Upon completion of the public comment period, PBS&J will prepare written responses to all comments received during the comment period. The Comprehensive Plan amendments, zone change, development agreement, architectural review and annexation will be reviewed by the P&TC during the time PBS&J is preparing the Response to Comments document. The Development Agreement negotiations will also continue (Attachment D). 6 ATTACHMENT A TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 7~ 2009 REPORT TYPE: STUDY SESSION DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 453:09 Ii' ! • SUBJECT: Review of the Stanford University Medical Center Facilities Renewal and Replacement Project EXECUTIVE SUMMARY Staff will provide an update to the City Council of progress regarding the Stanford University Medical Center (SUMC) project, particularly the -Environmental Impact Report (EIR) preparation and the Development Agreement discussions. The City contracted with the environmental consulting firm PBS&J to prepare a joint EIR for the SUMC Facilities Renewal. and Replacement Project (Project) and Simon Properties -Stanford Shopping Center Expansion Project. In April of 2009, Simon Properties formally withdrew their request for the Stanford Shopping Center Expansion Project. Over the past several months, staff has been working with the environmental consultant to extract the Shopping Center Project from the environmental analysis. This involved updating most sections ,of the EIR and updating the Citi s traffic model. In June 2009 Stanford provided the City with a Development Agreement proposal. Representatives from Stanford and the City have initiated discussions about the draft business terms of the Development Agreement. ' RECOMMENDATION The purpose of this Study Session is to provide the City Council with an overview of the EIR and the status of the Development Agreement negotiations and allow for Council comment. The current City Council has provided substantial input and direction to Staff and the applicants throughout the review period of the project. This session is an opportunity for this City Council to provide their additional Project comments before the new City Council is seated in January. BACKGROUND The Stanford University Medical Center comprises the general area between Sand Hill Road, Vineyard Lane, Quarry Road, Pasteur Drive, and including Welch Road and Blake Wilbur Drive. The Project applicant is proposing the demolition of the existing Stanford Hospital and Clinics (SHC) at 300 Pasteur Drive, construction of a new hospital building, renovation and expansion 1 of the Lucile Packard Children's Hospital (LPCH), reconstruction. of the School of Medicine (SoM) facilities, and construction of a new medical office building near Hoover Pavilion to meet State mandated seismic safety standards (SB 1953) and to address capacity issues, changing patient needs and modernization requirements. SB 1953 requires hospitals to retrofit or replace noncompliant facilities by January 1,2013. There have been some legislative attempts to extend this deadline and Stanford has received a partial concession from OSHPD to ,receive early plan review. The. renovation and expansion project, which would be constructed over a IS-year horizon, would result in a new increase of approximately 1.3 million square of hospital, clinic, and office space. The Project includes a request for the following entitlements: • Comprehensive Plan amendments to: o Change 701, 703 Welch Road and a small portion of Santa Clara County land on Welch Road proposed to be annexed "Major InstitutionaVSpecial Facilities" land use designation. o Amend Program L-3 to revise the Citywide 50-foot height limit to allow exceptions for taller buildings within the proposed "Hospital District." o Amend Policy L-8 to clarify that the hospital and treatPlent uses are exempt from. the development cap. • Zoning Code and Map ahl.endments to: o Create a new "Hospital Zone." I o Rezone 701 and 703 Welch Road from MOR to the new "Hospital Zone." . 0 Prezone the site to be annexed to the City to the new "Hospital Zone." • ~ex the small parcel described above. • ARB review of the SHC,LPCH, FIMI, medical office building at Hoover Pavilion, and Design Guidelines. • Development Agreement • Certification of an Environmental Impact Report The Project applicant has submitted seven substantive project amendments with the most recent amendment submitted on June 2, 2009. Since the Project was first submitted to the City, SUMC has made changes based upon Staff analysis and ARB, Planning and Transportation Commission and City Council input. These changes include significant modifications to site planning and building massing, revisions to the location of parking garages and site access for automobiles, refmements to the pedestrian and bicycle network to promote stronger linkages and connections, and changes to building placement and design to protect significant oak tree specimens. DISCUSSION Environmental Impact Report The EIR will addr.ess the potential environmental effects of the construction and operation of the Stanford University Medical Center Facilities Renewal and Replacement Project. The Project would demolish and replace on-site structures, adding approximately 1.3 million square feet of net new floor area. 2 The following is a summary of the key ElR sections and possible mitigation measures. Land Use , EIR analyses of land use and planning generally consider the compatibility of a project with , neighboring areas, change to or displacement of existing uses, and consistency of a project with relevant local land use policies that have been adopted with the intent to mitigate or avoid an envirorunental effect. With respect to land use conflicts or compatibility issues, the magnitude of these impacts depends on how a project affects the existing development pattern, development intensity, traffic circulation, noise, and visual setting in the immediately surrounding area. Comprehensive Plan Policy (L-8) addresses growth in non-residential square footage for nine planning areas evaluated in the 1989 Citywide Land Use and Transportation Study. The City has initiated a Comprehensive Plan amendment to provide clarification of this policy. City staff will "recommend that the policy should not limit growth of hospital and treatment center uses. If adopted by the City Council, the amendment will modify the text of the Policy to clarify that such uses are exempt under this policy. Text modifications to the Comprehensive Plan are also proposed to clarify proposed building height exceptions within the proposed hospital zone district (discussed below). Following adoption of the proposed amendments, the Project would not conflict with any Comprehensive Plan policies. To address zoning issues, the Project sponsors propose creation of a new zoning district that could be applied by the City to land used specifically for hospitals and clinics, associated medical research, medical office, and support uses. The new "Hospital Zone" would include development standards that accommodate the Project. Visual Quality This section of the ElR will discuss how development of the Project would affect the existing visual quality in the Project Area and its vicinity. Visual quality pertains to how people see and " experience the environment, particularly its visual character. Visual character consists of spatial and scale ~elationships, and the line, form, color, and texture of an area's natural features and man-made elements. Natural features include landforms, street trees, rock outcrops, vegetation, and water bodies. Man-made elements include buildings, structures, parking areas, roads, roadway interchanges and overpasses, above ground utilities, signs, and lighting fixtures. Full buildout conditions will be depicted through visual simulations prepared by William Kanemoto " and Associates. The Project may degrade the existing visual character and quality of the SUMC Sites during construction. Possible mitigation measures could be to aesthetically improve portions of the project site that would remain unimproved for an extended period and screen the construction zone from view by passersby along the public streets and sidewalks, conceal staging areas with fencing and remove construction debris and refuse would reduce visual impacts during construction to less than significant. The analysis also considers if the Project would substantially degrade the existing visual character or quality of the SUMC Site and its surroundings, and alter public viewsheds, view corridors or scenic resources. Given the size and scope of the Project it is likely that there would 3 be visual· character or quality impacts. Architectural Review of the Project would consider among other factors, whether the Project has a coherent composition, and whether its bulk and mass are harmonious with surrounding development. Architectural Review approval cannot be granted unless the Project meets stringent criteria, including a fmding of consistency with the sixteen Architectural Review Board (ARB) findings. Compliance with the ARB findings and Comprehensive Plan visual quality policies would typically reduce impacts to a less than significant level. Transportation This section of the EIR will evaluate the potential transportation impacts resulting. from construction and operation of the Project. Potential impacts include the addition of project related pedestrian, bicycle, transit, and auto trips to the surrounding transportation system, resulting in an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; exceed either individually or cumulatively a level of service standard established by the county congestion management agency for designated roads or highways; result in a change in air traffic patterns; substantially increase hazards due to a design feature or incompatible uses; result in inadequate emergency access; result in inadequate parking capacity; or conflict with adopted policies, plans, or programs supporting alternative transportation. The basis for the traffic analysis will be the revised citywide transportation model that was originally developed in 1996 and last updated in 2008. The purpose of the model is to accurately forecast demand for travel by vehicles, and conforms to upgraded modeling methodologies adopted regionally. The citywide transportation model has been updated to account for changes in Palo Alto demography, street network, transit services, and land use patterns. The Santa Clara Valley Transportation Authority (VTA) travel demand model formed the basis for the City's model, using 2005 Association of Bay Area Government (ABAG) projections for growth. The traffic conditions of the C/CAG (City/County Association of Governments of San Mateo County) were investigated for the study area and reviewed by the City and the project team. The Santa Clara Valley Transportation Authority (VTA) travel demand model growth estimates were modified to an average 1.6% annual traffic growth through 2025. The City model was initially developed without constrained volumes in the Palo Alto area. The City model was then constrained at four identified locations (Sand HilllI-280, EI Camino Real/San Antonio, El Camino Real/Sand Hill, Middlefield/San Antonio) based on those roadway capacities and VT A travel demand growth rates. The traffic volumes at the freeways were constrained to their capacities. The model results were reviewed and refined several times by the City to calibrate intersection turning movement counts for both A.M. and P.M. peak hour, link and intersection turning movement volumes of years 2006, 2015, and 2025 for both A.M. and P.M. peak' hour, and 66 study intersections with turning movement volumes. Recent updates to the Palo Alto model have resulted in a more accurate tool to analyze traffic within Palo Alto as compared with other adjacent and nearby cities. The limitations of the Palo Alto model are evident as when the analysis reflects traffic volumes entering Palo Alto from other jurisdictions. The result is that more traffic would enter Palo Alto through the roadway gateways than what would be expected due to intersection capacity constraints. Concerns have 4 been raised with the traffic model's regional growth assumptions. To address this, the model has been modified to constrain additional gateways in addition to the four gateways mentioned above (for a total of 11 constrained intersections), to limit traffic entering the. City during peak hours. Post-processing the model will also look at the trips and spread some trips beyond the peak hour and/or be transferred to other· roadways. The process of constraining gateways is commonly practiced to more precisely address these variables. The VTA has previously accepted these adjustments to address model limitations. . . Some possible mitigation measures include: Participation in region-wide commute incentive programs, construction/improvement of bicycle lanes and pedestrian crossings, expansion of the City shuttle program, adjustment of traffic lanes, and signal timing adjustments. The EIR is also evaluating the potential for CalTrain Go Pass use and remote parking as a potential mitigation. The City Council has historically not approved physical widening of traffic lanes or physical increases to intersections to accommodate increased traffic. These types of mitigations are not expected to be recommended in the EIR. A revised Traffic Impact Analysis is tentatively scheduled to be reviewed by the Planning and Transportation Commission (Commission) and City Council prior to the release of the Draft EIR. Air Quality This section of the EIR will evaluate the potential impacts on air quality resulting from construction and operation of the proposed Project. Possible air quality impacts could result from construction activities, emergency generator testing and operation, increased vehicular traffic to the hospital, and other stationary source emis~ions. Possible mitigations include the development and approval of a construction management plan to limit the operation or machinery and control on-site dust, limits on the testing on generators, and similar practices. Climate Change It is recognized that anthropogenic (human caused) emissions of greenhouse gases and aerosols are contributing to changes in the global climate, and that such changes are having and will have adverse effects on the environment, the economy, and public health. These are cumulative effects of past, present, and future actions worldwide. Pursuant to SB 97, the State Secretary for Natural Resources is in the process of promulgating thresholds of significance for assessing greenhouse gases. The Governor's office of Planning and Research (OPR) has recommended guidelines for assessing the significance of the project's impact on greenhouse gases; and it is expected that the Secretary will formally adopt such guidelines by January 2010. While OPR's suggested guidelines have not been formally adopted, in anticipation of their adoption the EIR applies the guidelines for assessing the greenhouse gas . impacts of the project. The OPR recommended guidelines provide that a lead agency should make a good-faith effort, based on available information, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. In making this assessment the agency may consider "[t]he extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or 5 preservation measures. If avoidance measures cannot be achieved, and protected trees are removed, not retained, or relocated, then the Project could result in a significant and unavoidable impact. Because it is unlikely that avoidance measures can be fully implemented to the extent that all protected trees to be removed would be replaced or relocated, impacts would be conservatively assumed to be significant and unavoidable. In response, Stanford has prepared an Alternative to be studied in the EIR that shifts the SHe and one of the SoM building (FIMl) footprints around to avoid significant oak trees. (See Alternative section below.) Ge%gy, Soils, and Seismicity Geology, soils, and seismicity conditions are important aspects of all development projects in the San Francisco Bay Area. Although most projects have little or no effect on geology, any project involving construction would have some effect on soils and topography, and all projects may be affected by certain geologic events, such as earthquakes or landslides. Protection from the effects of geologic events is provided through existing building codes and construction standards, land use policies, and State and local regUlations. Because one of the major effects of loss of topsoil is sedimentation in receiving waters, erosion control standards are set by the State Water Quality Control Board through administration of the NPDES permit process for storm drainage discharge. Erosion and sedimentation issues are addressed in Hydrology because they are they are primarily related to turbidity and other depositional effects in local and regional water bodies. Hydrology This section describes the hydrology and water quality conditions present at the Project Area including surface and groundwater resources. This section evaluates whether the Project could , affect storm drainage and streams, as well as local groundwater resources in the area. Potential impacts expanded upon in this EIR section are ground and surface water quality degradation during construction and operation, flooding and drainage, and loss of groundwater recharge. ' The Project could have a significant impact on groundwater quality during construction'. Mitigation measures would be required to prevent construction site run-on and direct infiltration to reduce this impact to less than significant. Hazardous Materials This section provides an analysis of the potential for the Project to expose persons or the environment to hazardous materials. Potential environmental impacts can be associated with the potential disturbance of contaminated soils or groundwater, if present in the Project Area, as well as risk of spills from increased future use disposal, and transport of hazardous materials and hazardous wastes associated with project construction or operation. Specific topics presented in this section include the types of hazardous materials that would be handled and hazardous wastes that would be generated, known on-site contamination from historic uses, the regulatory setting applicable to such activities, and applicable health and safety policies and procedures. Population and Housing This section documents the existing population, housing, and employment conditions in the City of Palo Alto and estimates changes in current conditions that could result from implementation 8 J of the Project. Demographic changes in population and employment that would result from development of the Project are not intrinsically physical environmental impacts. However, environmental effects associated with increased population or daytime employment, such as increased traffic, traffic-generated air quality and noise concerns, increased demands on public services and utilities, and growth inducement could result from population growth. The impacts associated with population growth are addressed separately in various sections of this EIR The city's significance criteria treat substantial population growth and increases in the jobs to housing ratio as significant environmental effects in order to ensure the effects of such growth are analyzed. The Project, as proposed, would not directly result in substantial population growth. It would, however, increase local employment, which in turn could create demand for additional housing and result in associated population. In addition, the Project could have a significant adverse impact on the City's jobs to employed residents ratio and the related jobs to housing ratio because it would generate a large number of new jobs without adding housing to increase the number of employed residents in the City. Possible mitigation measures include dedicating housing and/or providing a site near the Project to house Medical Center employees, payment of housing fees, and an inc1usionary housing" requirement in the Hospital Zone; Public Services This section addresses the potential environmental effects of the Project on public services, including police and fire protection, schools, and parks and recreational services. Increases in public service demand alone do not constitute a significant environmental effect. Instead, an increase in demand for public services, such as additional staff or lengthier response times, could lead to potentially significant enviro~ntal impacts only if constructing or expanding a new facility were required and the construction or operation of the facility might adversely affect the air, water, noise, or other aspects of the physical environment. The current EIR analysis concludes that while the Project will likely increase demand for public services, such demand will not result in an environmental impact. For impacts to school, under proposition lA, payment of school impact fees by new development is the exclusive method of considering and mitigating impacts on school facilities that may occur as a result of approval of development of real property. Utilities The Project would result in increased on-site employment, visitors, and developed floor area. These increases have the potential to create greater demand for utilities, including water supply, wastewater collection and treatment, stonn drainage, solid waste disposal, and energy (which includes electricity and natural gas). This section assesses whether the potential increase in demand would overtax, to a significant degree, the capacity of the infrastructure systems serving the Project Area. A Water Supply Assessment (WSA) was conducted for this project. In April 2009 the City Council reviewed the SUMC WSA and directed staff to return to Council with a revised plan for 9 the Project that quantifies significant reductions in water use due to conservation measures. The WSA has been amended and is tentatively scheduled for Council consideration in early 2010 prior to release of the Draft EIR.The EIR will inClude analysis and conclusions from the WSA. Alternatives CEQA and the CEQA Guidelines require that the EIR "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects ofthe project, and evaluate the comparative merits of the alternatives". Based on the objective of substantially reducing significant impacts, two No Project Alternatives, two Reduced Intensity Alternatives, a Preservation Alternative, a Tree Preservation Alternative and a Village Concept Alternative have been developed for the SUMC Project for evaluation in the EIR. No Project Alternatives The two No Project Alternatives include: (A) Retrofitting only those hospital facilities that could be retrofitted and no new buildings would be constructed; (B) Replace only SB 1953 noncompliant structures with new structures. Reduced Intensity Alternatives The two Reduced Intensity Alternatives include: (A) Right-sizing SHC and LPCH so construction of new hospital facilities would be limited to the minimum additional square footage required to right-size the existing LPCH and SHC facilities without adding space for additional growth; (B) Right-size SHC and LPCH plus add 60-percent of the floor area of the SUMC Project medical offices and 60 percent of the floor area of the SUMC Project hospital space above the amounts needed for ri~t-sizing. Preservation Alternative The Preservation Alternative would retain the. 1959 Hospital Building complex, which includes SoM buildings (Grant, Alway, Lane, and Edwards), along with the following SHC hospital/clinic buildings: West Pavilion ("West"), East Pavilion ("East"), Boswell, and Core. However, these buildings have a low seismic rating and do not comply with structural and non-structural criteria that must be met by the deadlines imposed by Senate Bill (SB) 1953 for retrofit or replacement of hospital facilities. Accordingly, under the Preservation Alternative, these buildings would not be used as hospital buildings, as defined by the Office of Statewide Health Planning and Development (OSHPD). Tree Preservation Alternative In response to a number of significant trees planned for removal, an Alternative is being prepared that would preserve protected oak trees located in the portion of the SUMC known as Kaplan Lawn and near Welch Road. Under the proposed SUMC Project a hospital module is proposed to be located on the Kaplan Lawn, resulting in removal of nine protected trees. Under this Alternative, the square footage and programmatic functions planned for this module would be incorporated into the other hospital modules and the proposed ambulance route would be reconfigured. In addition, the previously proposed underground SHC parking structure at the 10 would meet Stanford University's 2008 Building Performance Guidelines, which set a target energy efficiency in new buildings of 30 percent below California Title 24/ ASHRAE 90.1 (2004). These buildings would include exterior sunshades, highly insulated building shells and fenestration, high efficiency building lighting systems and. HV AC equipment, use of passive cooling and smart building technology to coordinate building systems operations with occupancy and use patterns. Green building components include the use of sustainable building materials, where feasible, . such as recycling crushed concrete from demolition, renewable/recyclable materials in flooring, paint, construction adhesives, cabinet substrates, insulation, ceiling acoustical panels and furniture. Permeable asphalt; permeable concrete, and grass pavers will be used. The Hospitals would include measures such as: occupancy controls for patient rooms, and occupancy sensors for lighting strategic· areas, reduced lighting power densities, use EPA EnergyStar labeled equipment where available, link to the Stanford University cogeneration/thermal storage system for generation of chilled water and steam, and implement various water saving features. The Hospitals and SoM would continue to focus on environmentally preferable purchasing and extensive recycling programs. Transportation programs proposed would include consideration of the GO Pass for all eligible hospital employees, expansion of the Marguerite Shuttle service between the Palo Alto Transit Center and the SUMC, and inClusion of hospital employees in the Stanford C9mmute Club that gives subsidies for vanpools and for not driving, guaranteed ride home, Bco Pass for free use of VTA buses and light rails, Dumbarton Express, Highway 17 Express and U Line Stanford Express that connects BART and ACE Train to Stanford. Development Agreement Negotiations . . '\ Stanford is seeking a Development Agreement, which will lock in the zoning regulations for a negotiated period of time. Development Agreements are negotiated contracts between the applicant and City. Developers typically apply for a Development Agreement to ensure that the regulations will not change over time and to help secure financing for large-scale projects. In exchange, the parties negotiate an acceptable community benefit package. Since they are the product of voluntary negotiations rather than a unilateral imposition by the government, community benefits under a Development Agreement are typically broader than EIR mitigation measures and project conditions of approval. As such, community benefits are not legally required to have the same rigorous nexus applicable to other development conditions. A Development Agreement is a legislative action and is subject to referendum. On June 15, 2009, the City received a Development Agreement proposal from Stanford (Attachment A). Stanford proposed a 30-year Development Agreement with some terms extending to 51 years. The proposal focused on the following major categories of community benefits: (1) health care, (2) fiscal benefits, (3) reduced vehicle trips, (4) linkages, and (5) housing. The proposal noted that the most important community benefit would be the applicants' investment in seismically safe, state of the art facilities that would enable the hospitals to continue to provide high quality patient care. In addition, Stanford offered some additional community benefits, including the following significant proposals: 12 • . Establishment of two new programs for the exclusive benefit of residents: a $3 million fund to assist qualified low-income residents and a $4 million fund to subsidize comrtlUnity health programs within Palo Alto. • Proyide construction spending and associated use taxes of $8.3 million and obtain a use tax direct payment permit that will generate approximately $26,000 annually. • Purchase of "Caltrain Go Passes" for all SUMC employees at an estimated annual cost of $1.3 million. (Currently only Stanford University employees are entitled to this benefit.) • Expansion of the Marguerite service by purchasing additional shuttles in the amount of $2 million and by funding additional annual operating costs of $450,000. . • Funding a range of improvements to encourage use of transit and enhance pedestrian and bicycle connections between the hospitals and downtown: $2.25 million for pedestrian and bicycle connections around the Intermodal Transit Center, $400,000 for right of way improvements along Quarry Road and $700,000 for pedestrian connection between the Medical Center and Shopping Center (Stanford Bam area) .. • Payment of housing in lieu fees in the amount of $23.1 million which is equivalent to what a commercial project would pay. Staff believes Stanford's proposal is substantive and responsive to many project impacts. The proposal focuses on the key areas of concern raised by the Planning and Transportation Commission, the City Council and the community. However, it is also important to note that with a project of this magnitude many of the proposed community benefits would typically be imposed as conditions of approval or EIR mitigation measures. Staff has had several meetings with Stanford to discuss areas where the community benefit package can be enhanced. These discussions to date have focused on health care, fiscal impacts and housing. Staff plans to continue these discussions and will provide a further progress report in January or February. At that time, staff will seek input from the Council on whether the offered package is acceptable and if not which areas to prioritize. NEXT STEPS Substantial progress has been achieved in the preparation of the Project for formal entitlement reviews, though significant work remains to see the project to completion. Initial staff work focused on the preparation of the update tp the Stanford University Medical Center Land Use Area Plan (Area Plan), which was presented to City Council in July 2007 for review and comment. Staff and the applicant have since focused on four generally concurrent tracks: 1) Preparation of the Draft EIR, 2) Preliminary ARB reviews of project components, 3) Development Agreement preparation and discussions with the applicants, and 4) Community outreach and updates with the Planning & Transportation . Commission and City Council. Due to the complexity of the Project and the potential for substantial environmental impacts upon the community, the timeline for preparation of the Draft EIR has been extended from initial expectations. In addition, the withdrawal of the SSC Project has resulted in additional delays in the completion and issuance of the DEIR. Staff, in cooperation with the SUMC applicants and Stanford University representatives, is committed to completion of the Draft EIR, the Development Agreement discussions, 13 It is important to emphasize that the hospitals served more than two-thirds of the Palo Alto residents who required hospital~tion in 2007. The addition of more beds for adults and children will alleviate' overcrowding and allow the two hospitals to serve patients who currently must be turned away. In 2008, 924 patients could not be admitted to the hospitals because of. a shortage of avai1abl~ beds. ' ' 3 The hospitals ws6 pr~vide the only Levell Trauma Center between San Francisco and San Jose. ,The Trauma Center and the Emergency pep~ent ensure critical emergency preparedness and response resources for the commUnity in the event of an earthquake, pandemic, or other major disaster. The expansion of the Emergency DePartment and the associated facilities needed to support the ED services will solve th~ critical problem of-a wOefully undersized facility for the volume of people seeking care. In the last year, the Emergency Department had to be closed numerous times due to lack offacilities. ' , , Health Care: Additional Offered Community Benefits. the hospitals propose to fund the following new programs specifically to benefit residents of Palo Alto. Each of these funding obliptions will commence at issuance of tile first gnlding permit for the Project. e $3 million for in-patient and out-patient services at Stanford , Hpspital and Clinics and Lucile Packard Children's Hospital for residents of Palo Alto who have a self-payment responsibility beyond their ~cial means. This program is additional to the hospit$1s' charity policies. The hospitals will maintain and distribute this fund, with reporting to the City of Palo Alto when the tun4 ~s depleted. The reporting will be in a form that complies with , all applicable, privacy laws and policies. e$4 million for community health programs within the City of Palo' Alto, paId in equal annual amounts over 10 years to selected programs. The hospitals will work with a community Bdvisory board to ~lect tb.e ~pecific community health programs to receive funding. Examples of potentially eligible health programs and groups include the Mayview Health Clinic, health programs in the public schools, seniOTS health services provided by A venidas and Lytton ,Gardens, Psychiatric services at the Opportunity Center, programs for child: and adolescent suicide prevention, Breast Cancer Comections, and health programs provided by Taube Koret Campus for Jewish Life, Abilities United, Palo Alto YMCA, and Children's Health Council.' ' 300 Pasteur Drln -H3200 -M/C 5230. Shlnfol'd CA 94305. Telephone 650-721-2878 5 • ,S~ford University runs a free comprehensive Marguerite Shuttle system, support"" by payments from the hospitals, that connects the hospitals to local transit, Caltrain, shopping and dining. • The hospitals provide an Eco Pass to their employees, which allows :free use 'of VI' A buses and light rail, the Dumbarton :express, and the Highway 17 Express, and the Monterey~San Jose Express. • The hospitals provide free use of the U-Line Stanford Express that connects BART and the ACE train, and the Ardenwood Park & Ride , to Stanford. . • stanford also provides an extensive transportation website, transit pass sales,altemative transportation information at new employee orientation, regular e-mail updates to Commute Club members and .: parking permit holders, one-on-one commute planning assistance, and it commute cOst and carbon emissions calculator. • . The hospitals also provide services to bicyclists; including maps, clothes lockers and showers, bike lockers, safety education, and commute planiling . As described above, in connection with this Project, the hospitals also will be paying $2 million in Citywide Transportation Impact Fees for public facilities and services that relieve citywide traffic congestion caused by new development projects, including advanced transportation management and information systetns, expanded shuttle transit services, and bicycle and pedestrian improvements . Reduced VehiCle Trips: Additional Offered COmmunity Benefits. To further minimize commute trips'in drive-alone vehicles, the hospitals p~pose to provide the following benefits for the life of the Project: • The hospitals will purchase annual Caltrain Go Pa~ses(free train passes) for all existing and new hospital employees who work more than 20 hours per week at a cost of up to $1.3 million per year, . asSuming Caltrain continues to offer the Go Pass program at its . . current cost (plus cost of living adjustments) or Caltrain offers a substantially equivalent program at approximately the same cost. While the hospit4ds cannot guarantee a specific level of Cal train ridership, ifCaltrain ridership by hospital employees reaches the . S8me level as is being achieved currently by University employees, this program Would resUlt in o~etting all peak hour trips from the Project's new employment. 300 Pasteur D.'lve-H3200 -M/C 5230, Stanrol'd CA 94305, Telephone 650-721-2878 , --' 6 • The hQspitals will fund expansion of Marguerite service by purchasing additional shuttles at a total capital cost of up to $2.0 million, and by funding annl18lopei'ating QOsts of providing increased shuttle service in an amount of up to $450,000 per year in order to acconunodate the increase in demand for shuttle services res~lting from increased Caltrain ridership by hospital employees. • The hospitals will provide an onsite Transportation Demand Management Coordinator. • The.total.value of these benefits over the life of the Project is $90.4 million. Linkages LinkA&esj .' Additional Offered Community ·Beriefits. To further encourage use of.Galtrain, bus and. other transit services, and to enhance pedestrian and bicycle connections between the hospitals and downtown Palo Alto, the ·hospitals propose to fund the following improvements: • $2.25 million for improvements to enhance the pedestrian and bicycle connection from the Palo Alto Intennodal Transit Center to the existing intersection at EI Camino Real and Quarry Road, with up to $2.0 million of that amount going to the development of an . attractive, landscaped passive park/green space with a clearly nuirked and lighted pedestrian pathway, benches, and flower bonters. This amount will be paid to the City of Palo Alto upon . . issuance of the first gniding permit for the Project, and the City wili be responsible for constructing .these improvements. • .$400,000 fc;>r improvements to the public right-of-way to enhance the pedestrian and bi~ycle cOlUlection from EI Camino Real to Welch Road along Quarry Road, including urban design elements and way finding, wider bicycle lanes, as necessary, on Quarry Road, enhanced transit nodes for bus and/or sputtle stops, and prominent bicycle facilities. This amount will be paid to the City of Palo Alto . upon issuance of the first grading pennit for the Proj~ct, and the City will. be responsible for constructing these improvements. • Up to $700,000 for improvements to enhance the pedestrian connection between the Medical Center and the Stanford Shopping Center going from Welch Road to Vineyard Lane, in the area adjacent to the Stanford Bam. The hospitals will be responsible for constructing these improvements prior to Project completion. 300 Pasteur Drive -H3200· M/C 5230, SIRnfOl'd CA 94305, Telephone 650·721·2878 7 Housing Housing: Additional Offered Community Benefits. The Hospitals are exempt from the City's housing impact requirements under Section 16.47 of the Palo Alto Municipal Code. Like other exempt entities (churches, · schools and Gity facilities), hospitals provide needed services to the conUnunity~ and therefore are not expected to also provide community services in the form of affordable housing. Nevertheless, in recognition of the relatively large number of jobs created by the Project, the need for City . subsidies to entice affordable housing development, and the City's stated desire to increase its affordable housing supply in Palo Alto, the hospitals propose to provide payment to the city's housing fund in the amount of $23.1 million. . . · This amount is the same amount that a for-profit developer would pay under · Municipal Code section 16.47, based on. the City's current in-lieu housing· . fee.· The Agreement will provide that the portion of the fee that corresponds to each new structure will be due and payable prior to the issuance ·ofthe building permit by the City or OSHPD for that structure, and the amount of the fee will be calcUlated at the· fee rate in effect on June 1,2009. City Services City Services: Direct and Indirect Hospitals Community Benefits. The Fiscal Impact Report prepared by CBRE Consulting concludes that revenues generated by the Project will more than offset the City's on-going cost of providing services. CitY Services: Additiopal Offered Community Benefits. To further support the provision of City services, the hospitals propose to provide $70,000 in funding for a jurlsdiction.,wide Standard of Service Fire Study. This ' funding will be provided to the Palo Alto Fire Department prior to issuance of the first grading pennit for the Project. School Fees School Fees: Direct and Indire,s;t Hospitals Community Benefits. The hospiWs will pay School Fees to the Palo Alto Unified School District in the amount of$616,413, based upon the currently applicable School Fee. The applicable fee for each new or expanded building will be due and payable prior to receiving a building pennit from the City of Palo Alto. The hospitals propose that, for buildings subject to OSHPD jurisdiction, school fees willbe due Within five days of issuance of a building pennit from OSHPD. 300 Pasteur Drive -H3200 -M/C 5230, Stanfol'd CA 94305, Telephone 650-721-2878 Development Agreement Condidons and Understandings , The proposal is bMed on .our un~tanding that the Development Agreement will apply only to development olthe Project; and not to any other'property owned by Stanford or any other project proposed })y the hospitals or Stanford. In addition, we have base our. proposal on the following anticipated benefits of entering into a Development Agreement: Project Appr,ovals, City Regulations . . The Agreement will vest the applicants' right to c~truct, use and occupy the Project in accordance with (a) approvals for the Project granted by the City, specified in the Agreement and acceptable to the hospitals and . . Stanford, including amendments tQ the Comprehensive Plan and zoning . ordinance, a jurisdictimial boundary change, and architectural review approval (collectively!' Project Approvals"); (b) the ordinances, rules, regulations, and official policies of the City in force and effect on June 1, ·2009 as modified by the Ploject Approvals ("City Regulations") and such other ministerial and discretionary approvals.that are necessary or desirable for the economic and efficient ~nstruction, use and occupancy of the Pr9ject that maybe granted subsequent to the execution of this Agreement ("Subsequent Approvals"). Through incorporation of the Project Approvals, th~ Agreement will specify the pennitted uses of the 'property, the. density or intensity of use, the maximum height and size 9f proposed bui1dings, and provisions (if any) for reservation or dedication ofland for public pwposes. The City will agree to grant all Subsequent Approvals, whether ministerial or discretionary, subject only to its reasonable determination that the application for the requested Subsequent Approval is complete and 8 . consistent with the Project Approvals, City Regulations, and any new City rules, regulations, and .policies which do not conflict with the Project Approvals and City Regulations. The City will agree not to impose any requirement or condi~on Qn Subsequent Approvals or development or operation of the Project other than those required by the Project Approvals, City Regulati~ns, an<J any new City rules, regulations, and policies which do not c~>nflict with the Project Approvals and City Regulations. The Agreement will provide that the parties will cooperate and diligently work to implement all Project Approvals and to expeditiously review and act upon·all requests for Subsequent Approvals. From and after approval, each . Subsequent Approval shall be vested under this Agreement to the same extent as.the Project Approvals. 300 Pasteur Drive -H3200 -M/C 5230, Stanford CA 94305. Telephonr 650-721-2878 • • 'I V 9 Project Design The Agreement will include the Design Guidelines for the Project as an $chment. For those portions of the Project that have not yet received architectural review approval by the time the City approves the Development Agreement, the Design Guidelines will be the exclu.sive design criteria applicable to tJte Project components, and the exercise. of the City's· architectural review discretion will be limited to determining whether a proposal is substantially consi~t with the' Design Guidelines; If architectural review approval or any other type of site or design appfoval is needed for Subsequent Approvals, the decisions shall be made by the Director of Planning and Co~unity Environment, after recommendation . by the Architectural Review Board, subject only to appeal to the City Counci1'(purs~ai1t to Section 18.77.070 of the Municipal·Code). PubUc Improvements, Fees and Exactions The' A8feemenf will describe the public improvements (if any), fees, dedications and exactions required by the Project Approvals or otherwise required under the Dev~lopment Agreement, and the Agreement will proVide that no other public improvements, fees, dedications or exactions will be required. . Inspections The Agreement will describe protocols and procedures for Subsequent Approvals and ~nspections, including agreed Upon tum arQund times. Phasing Schedule Phasing Schedule: The Agreement will confirm that the applicants are not required to initiate or complete development of the Project, or any portion thereof, or to initiate or complete the Project components within any period oftime or in any particular order .. The Agreement will acknowledge that the applicants may develop the Project components in such ord~ and at such rate and times as they deem appropriate within the exercise of their sole and subjective business judgment. The applicants also may choose, in their discretion, to phase the Project. Project Modification The Agreement will provide a process and standard of review for future City consideration of applicant-proposed modifications to the Project, including to Project phasing if the applicants so choose, with the ol,ljective 300 Pasleu," D."lve -H3200 -M/C S230, SlnnfOl"d CA 94305. Telephont' 650-721-2878 "" I Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts VQ-3. Alteration of Public Viewsheds, View Corridors, or Scenic Resources. The SUMC Project would result in significant impacts on views. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-28 Mitigation Measures VQ-2.1 Adhere to City's Architectural Review Process and Recommendations. The SUMC Project sponsors shall submit final building and site plans to the ARB prior to issuance of any development permits. Architectural Review shall assess the appropriateness of proposed demolitions, proposed building heights and massing, siting of buildings and structures, architecture and facade treatments, landscaping, circulation plans, and parking. The ARB may require alterations to any of the above project features, or the ARB may suggest new features, such as new landscaping or public art, to improve the proposed SUMC Project design. Any recommendations made by the ARB with respect to the design of the SUMC Project shall be implemented by the SUMC Project sponsors. . MITIGATION MEASURE. Mitigation Measure VQ-2.1, above, requires and ensures compliance with ARB recommendations for final design and would reduce impacts on views from the proposed buildings under the SUMC Project. The Architectural Review of the SUMC Project would consider, among other factors, whether the SUMC Project has a coherent composition and that its bulk and mass are harmonious with surrounding development. The ARB's recommendations regarding these factors will be forwarded to the City Council for consideration. The City Council would then review the recommendations and make findings, as appropriate, that natural features are appropriately preserved and integrated with tbe SUMC Project; the design promotes hannonious transitions in scale and character in areas betw·een different designated land uses; and the planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors, and the general community. Implementation of Mitigation Measure VQ-2.1 regarding the Architectural Review process would ensure tbat impacts on views would be less than significant. S = Significant SU= Significant Unavoidable Impact Significance With Mitigation LTS Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts VQ-4. Terrain Modifications. The SUMC Project would not require substantial terrain modifications that would degrade the visual character of the SUMC Sites. VQ-5. New Sources of Light and Glare. The SUMC Project could increase light and glare nuisance from exterior lighting; resulting in a significant impact. VQ-6. Shadowing of Public Open Space. The SUMC Project would not substantially shadow public open space (other than public streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 2l. VQ-7. Cumulative Impacts on Visual Character. The SUMC Project, in combination with other reasonably foreseeable probable future development in the area, would have a less- than-significant cumulative impact on visual character in the vicinity of the SUMC Sites. Impact Significance Without Mitigation NI S LTS LTS NI = No Impact LTS = Less-than-~ignijicant Mitigation Measures None required. MITIGATION MEASURE. Mitigation Measure VQ-2.1, above, requires compliance with ARB recommendations for final design and would reduce light and glare impacts from the proposed buildings under the SUMC Project. The Architectural Review of the SUMC Project would consider, among other factors, whether the SUMC Project incorporates quality materials, harmonious colors, appropriate ancillary features, a cohesive design with a coherent composition, and an appropriate lighting plan. The ARB's recommendations regarding these factors will be forwarded to the City Council for consideration. The City Council would then review the recommendations and make findings, as appropriate, that the design is compatible with the ilIimediate environment of the SUMC Sites; is appropriate to the function of the SUMC Project; promotes harmonious transitions in character in areas between different designated land uses; and is compatible with approved improvements both on and off the site. This Architectural Review process would ensure that exterior treatment would not emit substantial glare and that exterior lighting impacts would be less than significant. None required. None required. S=Signijicant SU= Sign(ficant Unavoidable StaJ~ford University Medical Center Facilities Renel'l-'al and Replacement Draft ElR -Summary hnpact Significance With Mitigation N/A LTS N/A N/A S-29 Impacts NI = No Impact ! Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures TR-I.2 Maintain Pedestrian Access. The SUMC Project. sponsors shall be prohibited from substantially limiting pedestrian access while constructing the SUMC Project, without prior approval from the City of Palo Alto Department of Public Works. Such approval shall require submittal and approval of specific construction management plans to mitigate the specific impacts to a less-than- significant levels. Pedestrian access-limiting actions would . include, but not be limited to, sidewalk closures, bridge closures, crosswalk closures or pedestrian re-routing at intersections, placement of construction-related material within pedestrian pathways or sidewalks, and other actions which may affect the mobility or safety of pedestrians during the construction period. If sidewalks are maintained along the construction site frontage, covered walkways shall be provided. TR-I.3 Maintain Bicycle Access. The SUMC Project sponsors shall be prohibited from limiting bicycle access while constructing the SUMC Project without prior approval from the City of Palo Alto Department of Public Works. Such approval shall require submittal and approval of specific construction management plans that warn cyclists prior to reaching the impacted bicycle lanes and provide alternative routing around the construction sites to mitigate the specific impacts to a less-than-significant level. Bicycle access-limiting actions would include, but not be limited to, bicycle lane closures or narrowing, closing or narrowing of streets that are designated bicycle routes. bridge closures, the placement of construction-related materials within designated bicycle lanes or along bicycle routes, and other actions which may affect the mobility or safety of bicyclists during the construction period. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renel'olal and Replacement Draft EIR -Summary Impact Significance With Mitigation S-31 Impacts NI = No Impact S-32 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures TR-l.4 Restrict Construction Hours. The SUMC Project sponsors shall be required to prohibit or limit the number of construction material deliveries from 7:00 a.m. to 9:00 a.m., and from 4pm to 6pm on weekdays. The SUMC Project sponsors shall be required to prohibit or limit the number of construction employees from arriving or departing the site from the hours of 4:30 p.m. to 6:00 p.m. TR-l.5 Restrict Construction Truck Routes. The SUMC Project sponsors shall be required to deliver and remove all construction- related equipment and materials on truck routes designated by the cities of Palo Alto, East Palo Alto and Menlo Park. Heavy construction vehicles shall be prohibited from accessing the site from other routes. Figure 3.4-6 and 3.4-7 of the ElR illustrates the Stanford Area Truck Routes which must be used by all trucks. TR-l.6 Protect Public Roadways During Construction. The SUMC Project sponsors shall be required to repair any structural damage . to public roadways, returning any damaged sections to original structural condition. The SUMC Project sponsors shall survey the condition of the public roadways along truck routes providing access to the proposed project site before construction, and shall again survey after construction is complete. A before-and-after survey report shall be completed and submitted to the City of Palo Alto Public Works Department for review, indicating the location and extent of any damage. TR-l.7 Maintain Public Transit Access and Routes. The SUMC Project sponsors shall be prohibited from limiting access to public transit, and from limiting movement of public transit vehicles, without prior approval from the Santa· Clara County Valley S = Significant SU= Significant Unavoidable hnpact Significance With Mitigation Stal1/ord University Medical Center Facilities Renewal and Replacement Draft EIR -SummOlY Impacts NI = No Impact · ~ .. I .. Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures Transportation Authority or other appropriate jurisdiction. Such approval shall require submittal and approval of specific impacts to a less-than-significant level. Potential actions which would impact access to transit include, but are not limited to, relocating or removing bus stops, limiting access to bus stops or transfer facilities, or otherwise restricting or constraining public transit operations. TR-l.8 Prepare and Implement Construction Impact Mitigation Plan. In lieu of the above mitigation measures, the SUMC Project sponsors shall submit a detailed construction impact mitigation plan to the City of Palo Alto for approval by the Director of Public Works prior to commencing any construction activities with potential transportation impacts. This plan shall address in detail the activities to be carried out in each construction phase, the potential transportation impacts of each activity, . and an acceptable method of reducing or eliminating significant transportation impacts. Details such as the routing and scheduling of materials deliveIies, construction employee arrival and departure schedules, employee parking locations, and emergency vehicle access shall be described and approved. TR-l.9 Conduct Additional Measures During Special Events. The SUMC Project sponsors shall implement a mechanism to prevent roadway construction activities from reducing roadway capacity during major athletic events or other special events which attract a substantial number of visitors to the campus. This measure may require a special supplemental permit to be approved by either Santa Clara County or the City of Palo Alto prior to hosting such events during significant construction phases. S = Significant SU= Significant Ulwvoidable Stanford University Medical Center Facilities Renel1lal and Replacement Draft EIR -Summary hnpact Significance With Mitigation S-33 Table S-4 SU1.\-1C Project Summary of Impacts and Mitigation Measures Impacts TR-2. Intersection Level of Service. Implementation of the SUMC Project would result in significant impacts to .' intersections during Peak Hour conditions. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-34 Mitigation Measures MITIGATION MEASURES. Given the magnitude of the SUMC Project's infersection impacts, there is no single feasible mitigation measure that can reduce the impacts to a less-than-significant level. However, there are a range of measures that, when taken individually, would each contribute to a partial reduction in the SUMC Project's impacts. When combined, these measures could result in a substantial reduction in th.e SUMC Project's impacts. Under all combinations of feasible mitigation measures below, impacts of the SUMC Project on intersection LOS would remain significant and unavoidable. Of all of the feasible combinations, the' one that would have the largest reduction in impact, and that mitigates the greatest number of the intersection impacts, is the combination of traffic adaptive signal technology, additional bicycle and pedestrian undercrossings, enhanced Travel Demand Management (TDM) program, and feasible intersection improvements. This combination of mitigation measures would reduce the SUMC Project impacts to a less-than-significant level at all of the impacted intersections during the AM Peak Hour. However, intersection impacts would remain significant and unavoidable in the PM Peak Hour at three intersections with. mitigation. TR-2.1 Install Traffic Adaptive Signal Technology. The SUMC Project sponsors shall contribute to the Palo Alto Citywide Traffic Impact Fee program, for the installation of traffic adaptive signals. However, this fee is not structured to mitigate one hundred percent of project related impacts, and an additional fee could be imposed by the City on the SUMC Project sponsors to mitigate the remaining share of the SUMC Project impacts. In Menlo Park, the SUMC Project sponsors shall contribute their fair share amount, which shall be tied to the amount of traffic added to analyzed intersections by the SUMC Project. The SUMC Project sponsors' contributions shall apply towards the S = Significant SU= Significant U/lavoidable hnpact Significance With Mitigation SU Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Impacts ~ NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures installation of traffic adaptive signals as listed below. • SandHill Road (Oak Creek to Shopping Center) - 4 signals • Arboretum Road (Shopping Center to Palm Drive) - 3 signals • Embarcadero Road (Bryant to Saint Francis) - 7 signals • University Avenue (Palm to Lincoln) -13 signals • Lytton Avenue (Alma to Middlefield) -10 signals • Hamilton Avenue (Alma to Middlefield) -10 signals • Middlefield Road (San Antonio to Homer) - 9 signals • Charleston Road (Alma to Middlefield) - 2 signals • El Camino Real (northern city limits of Menlo Park to southern city limits of Palo Alto) -signals would require approval of Caltrans TR-2.2 Fund Additional Bicycle and Pedestrian Undercrossings. The SUMC Project sponsors shall contribute their fair share to the cost of construction of the Everett Avenue undercrossing of the Caltrain tracks in Palo Alto and the Middle Avenue undercrossing in Menlo Park. In Palo Alto, there is a Citywide Traffic Impact Fee program that the SUMC Project sponsors shall contribute to. However, this fee is not structured to mitigate one hundred percent of the SUMC Project related impacts, and an additional fee may be imposed by the City to mitigate the remaining share of the SUMC Project impacts. In Menlo Park, the fair share contribution shall be tied to the amount of traffic added to analyzed intersections by the SUMC S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -Summary Impact Significance With Mitigation S-35 Impacts NI = No Impact S-36 1- Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures Project. The construction of the Everett Avenue and Middle Avenue undercrossings would reduce traffic volumes on nearby streets, such as Ravenswood Avenue and University Avenue. TR-2.3 Enhance Stanford University Travel Demand Management (TDM) Program. The SUMC Project sponsors shall enhance the currently-implemented TDM program in order to achieve 35.1 percent usage of alternative transportation modes (i.e, carpool, vanpool, bus, Caltrain, bicycle, and walk) by SUMC employees. The initial enhancements to the SUMC TDM program shall include the following: • Provide Caltrain GO Passes, or an equivalent TDM measure, to all eligible hospital employees and set target Caltrain mode share for hospital employees equal to 15.8 percent. • If Caltrain GO Passes would be provided to SUMC employees, make arrangements with AC Transit to lease 75 spaces at the Ardenwood Park & Ride Lot, to serve SUMC employees who commute from the East Bay. • Expand bus service in support of the issuance of GO Passes. • Expand the Marguerite shuttle bus service, and integrate it 'With the other City of Palo Alto shuttle bus service. • Maintain load factors less than 1.00 on the U Line, and less than 1.25 on the Marguerite shuttle. • Expand and improve the bicycle and pedestrian networks. • Provide a full-time on-site TDM coordinator by 2015 for the hospital components. The coordinator would be responsible for organizing and disseminating TDM information primarily S=Significant SU= Significant Ullavoidable '--.'-"~--'-'-'-~-.-... ~ .. -" -~.-~--- bnpact Significance With Mitigation Stanford University Medical Center Facilities Renewal alld Replacement Draft EIR -SummaJY Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures to hospital employees and also to hospital patients. A central location would be made available to provide information on alternative travel modes. Also, the SUMC or hospitals' website would contain information on TDM programs. • Provide a guaranteed ride home program for all employees who use transit and other transport alternatives like carpool and vanpool. The guarantee ride home shall allow employees with dependent children the ability to use alternative modes to travel to and from work but still be able to travel home mid-day in case of an emergency. • Provide employees with shower facilities within the SUMC Sites to encourage bicycling to work. The SUMC Project sponsors shall also provide bicycle storage facilities on the SUMC Sites that would be conveniently located near the employee showers. • Establish, in conjunction with the GO Pass implementation, a "Zip Car" (or other similar car-sharing program) with Zip Cars available at the medical complex. • Perform annual TDM monitoring and submit the report to the City of Palo Alto to ensure that the assumed modal split to alternative forms of travel and away from autos is actually achieved. . These enhancements may not immediately change the mode split for SUMC employees, because many employees would be unable to change long standing commute patterns overnight. However, with the passage of a mutually agreed amount· of time, it is expected that the enhanced TDM program would gradually result in a shift in the mode split of SUMC employees. If this proves S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -SumlllaJY Impact Significance With Mitigation S-37 Impacts NI = No Impact S-38 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-SignificaIU Mitigation Measures not to be the case, then a second round of improvements to the TDM program shall be implemented. Examples of additional measures could be to increase the parking permit charges while increasing the incentives to those who carpool or do not drive. If, by the year 2025, at least 35.1 percent of SUMC employees are not using alternative transportation modes, then a second . round of improvements to the TDM shall be implemented. Examples of additional measures could be to increase the parking permit charges while increasing the incentives to those who carpool or do not drive. Thereafter, SUMC Project sponsors shall monitor/survey employee use of alternative modes of transportation on an at least bi-annual basis, and shall continue to improve its TDM program, until it is confirmed to the satisfaction of the City that the target of 35.1 percent usage has been met. TR-2.4 Fund or Implement those Imersection Improvements that Have Been Detennined to be Feasible. The SUMC Project sponsors shall implement the following measures: • For the intersection of EI Camino Real/Page Mill Road - Oregon Expressway,. the SUMC Project sponsors shall pay a fair share towards (1) provision of exclusive light-turn lane for westbound Oregon Expressway, in addition to the two through lanes, (2) increasing the cycle length to 160 seconds. Improvements to the westbound right turn lane would require right-of-way from the Santa Clara Valley Transportation Authority (VTA) park-and-ride lot. • At the intersection of Arboretum Road/Galvez Street, the SUMC Project sponsors shall install a traffic signal. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary ~ I Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts TR-3. Impacts on Roadway Segments. The SUMC Project would result in adverse traffic impacts to roadway segments in the City of Menlo Park. TR-4. Local Circulation Impacts. The SUMC Project could result in significant traffic impact to the local circulation network in the immediate vicinity of the SUMC Sites. Impact Significance Without Mitigation S S NI = No Impact LTS = Less-than-Significant S-40 Mitigation Measures Road. The City shall coordinate with the City of Menlo Park regarding feasibility of this improvement. • Junipero Serra Boulevard/Campus Drive West -Request that Santa Clara County change the signal cycle length at this intersection to 90 seconds. The City shall coordinate with the County of Santa Clara regarding feasibility of this adjustment. MITIGATION MEASURES. With the provision of additional bicycle and pedestrian undercrossings (Mitigation Measure TR-2.2), the enhanced TDM program (Mitigation Measure TR-2.3), and contribution to the City of Menlo Park shuttle fee (Mitigation Measure TR-7.2), there would still be significant impacts on four Menlo Park roadways, including Marsh Road, Willow Road, Sand Hill Road, and Alpine Road. Therefore, the traffic impacts to Marsh Road, Sand Hill Road, Willow Road, and Alpine Road would remain significant and unavoidable with mitigation. MITIGATION MEASlJRES. Mitigation Measure TR-4.1, involving funding and implementation of a traffic impact study, and Mitigation Measure TR-4.2, involving re-striping of Durand Way. would reduce the SUMC Project's impact to a less-than-significant level. TR-4.1 FUlld Traffic Impact Study. Upon construction of the SHC and LPCH Hospital components. the SUMC Project sponsors shall fund an independent traffic evaluation, commissioned by the City, based on actual travel patterns, volumes, and emergency access. with an emphasis on ease of circulation around and through the medical complex to determine if the private street connection between Roth Way and Pasteur Drive should be operated as a public street. If the independent traffic study demonstrates that the connection between Roth Way and Pasteur Drive as a public street would improve circulation. then the S= Significant SU= Significant Unavoidable Impact Significance With Mitigation SU LTS Stan/ord University Medical Center Facilities Renewal and Replacement Draft ElR -Summmy "l"_~," """'""'_,_~,~"~~"'~_~, Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts TR-5. Freeway Impacts. The SUMC Project would result in less-than-significant impacts on freeways. TR-6. Bicycle and Pedestrian Impacts. The SUMC Project could impede the development or function of planned bicycle or pedestrian facilities, and result in a significant impact. Impact Significance Without Mitigation LTS s NI = No hllpact LTS = Less-than-Significant Mitigation Measures connection shall be designated as a public street for all vehicular, bicycle, pedestrian, and transit traffic. TR-4.2 Fund Signing and Striping Plan and Signal Optimization. In addition to paying for the construction of the extension of Durand Way from Sand Hill Road to Welch Road, the SUMC Project sponsors shall also pay for the following improvements to ensure that queues from the Durand Way/Sand Hill Road intersection do not spillback onto the Durand Way/Welch Road intersection. • A signing and striping plan for the Durand Way extension, which would maximize the storage capacity by creating a four-lane roadway with a left and through/right at Sand Hill Road and a right and through/left at Welch Road; • The installation and optimization of the two signals at the intersections of Durand Way/Sand Hill Road and Durand Way/Welch Road. None required. MITIGATION MEASURES. Mitigation Measure TR-2.3 involving trip- reducing measures, plus Mitigation Measure TR-6.1, which involves several bicycle and pedestrian improvements, would reduce the SUMC Project's impact to a less-than-significant level. The improved facilities would mitigate the hazards to pedestrians and bicyclists brought about by the increased vehicular traffic and congestion. " TR-6.1 Bicycle and Pedestrian Infrastructure Improvements. The SUMC Project sponsors shall fund the expansion and improvement of the bicycle and pedestrian network in the immediate vicinity of the SUMC Project. -The intent of these improvements is to: S=Significant SU = Significant Unavoidable Stanford University Medical Center Facilities Renel',lal and Replacement Draft EJR -SumlllalY Impact Significance With :Mitigation N/A LTS S-41 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts TR-7. Transit Impacts. Implementation of the SUMC Project could impede the operation of the transit system as a result of increased ridership, and result in a significant impact. Impact SignIficance Without Mitigation S NI = No IlIqJact LTS = Less-than-Significant S-44 Mitigation Measures • Install the appropriate number of Class I and Class III bicycle parking spaces as required by the City's Zoning Ordinance for the total amount of existing and future development. The SUMC Project sponsors shall install the required number of bicycle parking spaces equally distributed throughout the SUMC Sites. MITIGATION MEASURES. Mitigation Measure TR-7.1 involves the addition of transit centers to the SUMC Project's site plans, and Mitigation Measure TR-7.2 involves financial contributions towards the expansion. of transit service. Implementation of these measures would reduce the SUMC Project's transit impacts to a less-than-significant level. TR-7.1 IncOlporate Transit Centers Into Site Plans. The SUMC Project sponsors shall revise their SUMC Project site plan to incorporate two transit centers to reduce the impact to transit service caused by the SUMC Project. These transit centers shall be located at Hoover Pavilion and at SHC, and shall be off-street facilities. The transit centers shall accommodate three to four buses simultaneously, and shall have shelters, seating, lighting, signs. maps, bus schedules, and bicycle parking. On-street bus stops along Welch Road and Quarry Road shall also be provided, but the transit centers shall accommodate the majority of transit riders and shall· be located to maximize the convenience of employees, patients, and visitors. One transit center shall be located in the vicinity of Welch Road and Pasteur Drive to serve SHC. The other transit center shall be located near the entrance to Hoover Pavilion. Both of these b:ansit centers shall provide the focal point for transit use for the SUMC. TR-7.2 Provide Expanded Transit Sen'ice. The SUMC Project sponsors shall make a fair share financial contribution to the cost of expanding existing bus service of the Marguerite, Crosstown, S=Significant SU= Significant Unavoidable hnpact Significance With Mitigation LTS Stanford University Medical Center Facilities Renewal and Replacemelit Draft EIR -Summary Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures and Menlo Park Shuttle bus services, and to the VT A Community Bus Service. • Marguerite Shuttle. The SUMC Project sponsors shall make a financial contribution to expand the Marguerite shuttle service into Palo Alto. • U Line. The SUMC Project sponsors shall make a financial contribution towards the operation of the U Line. Arrangements with AC Transit shall be made to increase U Line service (such as decreasing headways) to meet the increase in demand attributable to the SUMC Project, and ensure that load factors remain below 1.0, • Crosstown Shuttle. The SUMC Project sponsors shall participate in operating the Palo Alto Crosstown Shuttle service, by contributing to the. Citywide Traffic Impact Fee, which would include covering the costs of this service. Then current fee is $2,861 per net new PM Peak Hour trips. A portion of Stanford's Citywide Traffic Impact Fee shall be used by the City to expand City shuttle services. • VTA Community Bus Service. The SUMC Project sponsors shall contribute to fund the project's fair share of Palo Alto's share of expanded VTA Community Bus Service. ' • Menlo Park Shuttle Bus. The SUMC Project sponsors shall pay into the City of Menlo Park shuttle fee at $0.105 per square foot of new development annually or a percentage agreed between Menlo Park and SUMC Project sponsors. In Menlo Park, the contribution shall be tied to the amount of project traffic added to analyzed roadway segments and intersections. S=Signijicant SU= Sign(ficant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With lVlitigation S-45 Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation r LTS = Less-than-Significant Mitigation Measures construction equipment emission reduction measures (Mitigation Measure AQ-1.2 below) would further reduce NOx, ROG, PMIO and PM2.5 emissions during construction. However. reduction of NOx emissions below 80 lbs/day during the first year of construction could not be guaranteed, and this impact would still be considered significant and unavoidable. AQ-I.I Implement Recommended Dust ConJrol Measures. To reduce dust emissions during project demolition and construction phases, the SUMC Project sponsors shall require the construction contractors to comply with the dust control strategies developed by the BAAQMD. The SUMC Project sponsors shall include in construction contracts the following requirements: a. Cover all trucks bauling soil, sand, and other loose materials including demolition debris, or require all trucks to maintain at least two feet of freeboard; b. Water all active construction areas (exposed or disturbed soil surfaces) at least twice daily; c. Use watering to control dust generation during demolition of structures or break-up of pavement; d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; e. Sweep streets daily (with water sweepers) all paved access roads, parking areas and staging areas during the earthwork pbases of construction; f. Sweep daily (with water sweepers) if visible soil material is carried onto adjacent public streets; g. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); S=Significant SU= Significant Unavoidable Staltord University Medical Center Facilities Renel1-'al and Replacement Draft ElR -Summary hnpact Significance With Mitigation S-47 Impacts NI = No Impact S-48 _ ~ ... L", Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures h. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); i. Limit traffic speeds on unpaved roads to 15 mph; J. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and k. Replant vegetation in disturbed areas as quickly as possible. AQ-l.2 Implement Equipment Et:haust Emission Reduction Measures. To reduce emissions from construction equipment during project demolition and construction phases. the SUMC Project sponsors shall require tbe construction contractors to comply with the following emission reduction strategies to the maximum feasible extent. The SUMC Project sponsors sball include in construction contracts tbe following requirements: a. Where possible, electrical equipment sball be used instead of fossil-fuel powered equipment. b. The contractor shall install temporary electrical service wbenever possibJe to avoid need for fossil-fuel powered equipment. c. Running equipment not being actively used for construction purposes for more tban five minutes sball be turned off. (e.g., trucks waiting to deliver or receive soil, aggregate, or other bulk materials; however, rotating-drum concrete trucks may keep their engines running continuously as long as they are on site). d. Trucks shaH be prohibited from idling while on residential streets serving the construction site (also included in Mitigation Measure NO-I. 1). S=Significant SU= Significant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal alld Replacement Draft EIR -SummOlY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts AQ-2. Operational Criteria Air Pollutant Emissions. Combined mobile and stationary source emissions during operation of the SUMC Project would exceed the Bay Area Air Quality Management District's significance threshold of 80 pounds/day of ROG, NOx and PMIO. Therefore, air emissions would result in a substantial contribution to an existing regional air quality problem and a significant impact. AQ-3. Localized Carbon Monoxide Impacts from Motor Vehicle Traffic. The SUMC Project would have less-than- significant localized air emissions re&ulting from additional traffic. AQ-4. Toxic Air Contaminants. Simultaneous exposures to DPM and T ACs from the construction and operational components of the SUMC Project would have a less-than- significant impact on air quality. Impact Significance Without Mitigation S LTS LTS NI = No Impact LTS = Less-than-Significant Mitigation Measures e. Diesel-powered construction equipment shall be Tier III or Tier IV California Air Resources Board (CARE) certified equipment to the maximum feasible extent. f. The engine size of construction equipment shall be the smallest practical to accomplish the task at hand. MITIGATION MEASURES. Mitigation Measure TR-2.3 involves implementation of enhanced TDM measures. The enhanced TDM measures include provision of the Caltrain GO Pass to SUMC employees, or an equivalent TDM measure. If the GO Pass would be provided, then remote parking spaces at the Ardenwood Park and Ride Lot in the East Bay would also be provided to serve commuters from the East Bay. Provision of the GO Pass plus remote parking spaces.in the East Bay would reduce Vehicle'Miles Travelled by 13.5 percent. This reduction in SUMC Project VMT, however, would not be sufficient to prevent project ROG, NOx and PMlO emissions from exceeding the BAAQMD significance thresholds. In addition, the City shall consider the feasibility of Mitigation Measure PH- 3.1. Nonetheless, impacts would be significant and unavoidable even with mitigation. None required. None required. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation SU N/A N/A S-49 Impacts NI = No Impact S-52 _~_I ______ ,~-.-,,"---------c~.~'"--~~-~~-----~"~~~' '~_~~~~ Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures CC-l.2 Participate in Palo Alto Green Energy PrograJ7j, Other Equivalent Renewable Energy Program, or combi1lation thereof Under the Palo Alto Green program, residential, business and industrial customers purchase renewable energy equivalent to their electricity needs at an additional cost of 1.5 cents per kWh above standard electric rates. The SHC and LPCH facilities shall participate in this program to offset electricity emissIons; develop new renewable generation sources in collaboration with the CPAU; incorporate a renewable energy source (such as photovoltaics) into the SUMC Project, or a combination thereof, such that a minimum of 54,640 MWh of electricity usage is offset annually. CC-l.3 Provide Annual Greenhouse Gas Reporting. The SHC and LPCH shall perform an annual inventory of greenhouse gas emissions associated with hospital and medical facilities on the SUMC Sites. This inventory shall be performed according to a common industry-standard emissions reporting protocol, such ,-as the approaches recommended by California Air Resources Board, The Climate Action Registry, or Business Council for Sustainable Development (BCSD). This inventory shall be shared with the City of Palo Alto to facilitate the development of future collaborative Emissions Reduction Programs. Emissions associated with energy, water, solid waste, transportation, employee commute and other major sources shall be reported in this inventory. CC-l.4 Prepare Waste Reduction Audit. The SUMC Project sponsors shall perform a waste reduction audit of waste management'- practices at the hospitals prior to construction of new facilities and after completion of the SUMC Project to determine post- project diversions. This audit shall be repeated annually, and S=Significant S U = Significant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summmy Table S-4 SUl\<IC Project Summary of Impacts and Mitigation Measures ..•. L. hnpact Significance With Impacts Impact Significance Without Mitigation Mitigation Measures Mitigation CC-2 Emit Significant Greenhouse Gas Emissions. The proposed Emissions Reduction Program would minimize the greenhouse gas emission increases associated with the proposed development progranl, although the proposed Emissions Reduction Program would not reduce emissions to 30 percent below business as usual (BAU) emissions. Therefore the SUMC project would have a cumulative considerable contribution to global climate change. S N! = No Impact LTS = Less-than-Significant with the results being made available to the public or to City of Palo Alto staff. CC-I.5 Implement Construction Period Emission Reduction Measures. Prior to the issuance of a grading permit the SUMC Project sponsors shall incorporate the following measures into the construction phasing plan and submit to City Planning for approval. • Use alternative-fueled (e.g., biodiesel, electric) construction vehicles/ equipment of at least 15 percent of the fleet: • Use local building materials of at least 10 percent; and • Recycle at least 50 percent of construction or demolition materials. MITIGATION MEAS1JRE. Mitigation Measures CC-l.l through CC-1.5, and TR-2.3 would reduce greenhouse gas emissions. In addition, to further reduce impacts related to greenhouse gas emissions, the City shall consider the feasibility of Mitigation Measure PH -3.1. However, even with the implementation of all feasible mitigation measures, the anticipated emissions would remain above both the City of Palo Alto's Climate Protection Plan and the CARB' s reduction emission goals of 30 percent below BAU emissions. Because these reduction levels cannot be achieved, the SUMC Project would emit significant amounts of greenhouse gases and would have a cumulatively considerable contribution to global climate cbange. S=Significant SU= Significant Unavoidable StaJ1ford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY SU S-53 ,. l, -"'~_~~"'~~"_~". __ ''"''" __ ~'~''''~~_ ~. ~~,~_~ .. ~ .. ___ ~.~_ Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures Mitigation Measure CR-1.5 requires implementation of the Stanford Hoover Pavilion Protection Documents (Documents) prepared by ARG and dated September 21, 2009 (see Appendix J). These Documents provide specifications for the treatment and protection of the Hoover Pavilion during SUMC Project construction activities that could damage the historic fabric of the building including the installation of protective covering of certain exterior surfaces and the removal, cataloging, and storage of selective historic elements. The Documents are based on National Park Service and National Fire Protection Agency protection guidelines and include details on materials and methods of installation for the protective coverings to prevent damage from nearby demolition. Proper installation, as required in the Documents would prevent the protective covering itself from damage the building. The removal of historic elements would ensure their. protection of some of the more fragile elements from construction activities and property cataloging and storage of such elements would ensure their proper care and reinstallation. The Documents include such details as specifying under what weather conditions it is acceptable to perform the various tasks that could be negatively impacted by different weather conditions. Any variations on the specifications of the Documents would not be allowed without prior consultation with ARG, or a qualified preservation architect. Refer to Appendix J, Stanford Hoover Pavilion Protection Documents, for a complete list of specifications for the Hoover Pavilion. CR-[l Manually Demolish Structures at the Hoover Pavilion Site. Where feasible, the project sponsors shall establish a perinleter of construction fencing around the Hoover Pavilion at a minimum of 25 feet to establish a protective buffer around the building. The demolition of these sheds and storage facilities shall be accomplished manually without the use of vibration causing equipment. Additional protective fencing at a height sufficient to prevent any debris from hitting the building shall S=Significant SU= Significant Unavoidable StaJ;ford University Medical Center Facilities Renel""ai and Replacement Draft EIR -Summary Impact Significance With Mitigation S-57 Impacts NI = No Impact S-58 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures also be installed between the Hoover Pavilion and demolition activities occurring within the 25 foot buffer. CR-l.2 Prepare RABS Documentation for the Stone Building Complex. The SUMC Project sponsors shall prepare HABS-like documentation using the National Park Services' Historic American Building Surveys Level III guidelines for each of the buildings in the Stone Building complex prior to demolition of each building that comprises this historic resource (East, West, Core, Boswell, Edwards, Lane, Alway, and Grant). HABS-like recordation shall not be required until each of the individual buildings is vacated and prepared for demolition. The documentation shall include written and photographic documentation of each of the historic structures within the Stone Building complex. The documentation shall be prepared by a qualified professional meeting the Secretary of the Interior's Professional Qualifications Standards for Architectural History or History. The documentation shaH be prepared based on the National Park Services' HABS standards and include, at a minimum, the following: • Site-specific history and appropriate contextual information regarding the Stone Building complex. This history shall focus on the reasons for the buildings' significance: heart transplantation program and the role of B.D. Stone in the design of the complex. • Accurate mapping of all buildings that are included in the Stone Building complex, scaled to indicate size and proportion of the buildings to surrounding buildings; if existing plans accurately reflect these relationships these may S=Significant SU= Significant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary __ I. ___ .. __ ~._,,~~~~ .. ,,~"" ______ .. _~.~~_~~~_~._~~~.~ Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures be reformatted for submittal per HABS guidelines for CAD submittals_ • Architectural descriptions of the major exterior features and public rooms within the Stone Building complex as well as descriptions of typical patient, office, laboratory, and operating rooms. • Photographic documentation of the interior and exterior of the Stone Building complex and Thomas Church-designed landscape features" Either HABS standard large format or digital photography may be used. If digital photography is used, the ink and paper combinations for printing photographs must be in compliance with National Register- National Historic Landmark photo expansion policy and have a permanency rating of approximately 115 years. Digital photographs will be taken as uncompressed . TIF file format. The size of each image shall be 1600x1200 pixels at 300 ppi (pixels per inch) or larger, color format, and printed in black and white. The file name for each electronic image shall correspond with the Index to Photographs and photograph label. CR-I.3 Distribute Written and Photographic Docwnentation to Agencies. The written and photographic documentation of historic resources shall be disseminated on archival-quality paper to Stanford University, the Northwest Information Center, and other local repositories identified by the City of Palo Alto. CR-I.4 Prepare Permanent Interpretive DisplayslSignagelPlaques. The SUMC Project sponsors shall install interpretive displays within the SUMC Sites that provide information to visitors and residents regarding the history of the Stone Building complex. These S=Significant SU= Significant Unavoidable Stal~ford University Medical Center Facilities Renev."al and Replacement Draft EIR -SummalY hnpact Significance With lVlitigation S-59 ...... -, ! .',,, ~.~-~ ......... ,.~'--~~~. ~"""""""''''''''''''-''-~-.. --'--'''''''''''--'-'-'-''''''~~.~.~-~~~.-~~-- Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-2. Impacts on Prehistoric or Archaeological Resources. The SUMC Project could potentially encounter archaeological resources and result in a significant impact. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-60 Impact Significance With Mitigation Measures Mitigation displays shall be installed in highly visible public areas such as the property's open space or in public areas on the interiors of buildings. The displays shall include historical data and photographs as well as physical remnants of architectural elements. Interpretive displays and the signage/plaques installed on the property shall be sufficiently durable to Withstand typical Palo Alto weather conditions for at least five years. Displays and signage/plaques shall be lighted, installed at pedestrian- friendly locations, and be of adequate size to attract the interested pedestrian. Maintenance of displays and signage/plaques shall be included in the maintenance program on the property. Location and materials for the interpretative displays shall be subject to review by the Palo Alto Architectural Review Board and approval by the Planning Director. CR-l.5 Implement Protection Documents for the Hoover Pavilion. The SUMC Project sponsors shall ensure the implementation of the Stanford Hoover Pavilion Protection Documents (Documents) prepared by ARG and dated September 21, 2009. The SUMC Project sponsors shall comply with the specifications for the treatment and protection of the Hoover Pavilion during SUMC Project construction activities that could damage the historic fabric of the building as provided in the Documents. MITIGATION MEASURE. Mitigation Measure CR-2.1 provides discovery and evaluation procedures for any previously unknown archaeological resources on the SUMC Sites and requires that a professional archaeologist employ preservation in place, data recovery, or other methods that meet the Secretary of the Interior's Standards for Archaeological Documentation to reduce impacts on unique archaeological resources. Therefore, implementation of the following mitigation measure would ensure the impact remains less than significant. (LTS) S=Significant SU = Significant Ullavoidable Stanford Ulliversity Medical Center Facilities Renewal and Replacement Draft EIR -Summary LTS -Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-4. Impacts on Paleontological Resources. The SUMC Project could have a significant impact on unique paleontological resources or unique geologic resources. Impact Significance Without Mitigation S NJ = Nolm;pact LTS = Less-than-Significant S-62 bnpact Significance With Mitigation Measures Mitigation within 100 feet of the human remains should be halted and the Stanford University Archaeologist. City of Palo Alto, and the County coroner notified immediately. according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety. Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC adhered to in the treatment and disposition of the remains. The SUMC Project sponsors shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any; identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the City of Palo Alto, including the excavation and removal of the human remains. If the human remains cannot be avoided, and the Most Likely Descendant requests that the human remains be removed from its location, the SUMC Project sponsors shall implement removal of the human remains by a professional archaeologist. The City of Palo Alto shall verify that the mitigation is complete before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered. MITIGATION MEASURE. Mitigation Measure CR-4.1 provides protocol for LTS. encountering paleontological resources and would reduce the potential impacts resulting from disruption to unique paleontological resources to a less-than-significant level. CR-4.1 Conduct Protocol and Procedures for Encountering Paleontological Resources. Should paleontological resources be identified during SUMC Project ground-disturbing activities, the SUMC Project sponsors shall notify the City and the Stanford S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft Em -SummalY Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts aild Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures University Archaeologist and cease operations in the vicinity of the potential. resource until a qualified professional paleontologist can complete the following actions when appropriate: . • Identify and evaluate paleontological resources by intense field survey where impacts are considered high; • Assess effects on identified resources; and • Consult with the City of Palo Alto and the Stanford University Archaeologist. Before operations in the vicinity of the potential resource resume, the SUMC Project sponsors shall comply with the paleontologist's recommendations to address any significant adverse effects where determined by the City of Palo Alto to be feasible. In considering any suggested mitigation proposed by the consulting paleontologist, the SUMC Project sponsors shall consult with the Stanford University Archaeologist and the City to determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, cost policies and land use assumptions, and other considerations. If avoidance is infeasible, other appropriate measures (e.g. data recovery) shall be instituted to avoid a significant impact. Work may proceed in other parts of the SUMC Sites while mitigation for paleontological resources is completed. S=Significant SU = Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation S-63 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-S. Cumulative Impacts on Historic Resources. The SUMC Project, in combination with other past, current, and probable future development in the City, would cause a substantial change in the significance of the City'S historic resources and thus have a significant cumulative impact. The SUMC Project's contribution to the cumulative impact would be cumulatively considerable. CR-6. Cumulative Impacts on Prehistoric andlor Archaeological Resources and Human Remains. The SUMC Project, in combination with other reasonably foreseeable probable future development, could cause a substantial change in the significance of prehistoric and/or archaeological resources or human remains and thus contribute to a significant cumulative impact. The SUMC Project is conservatively assumed to have a considerable contribution. CR-7. Cumulative Impacts on Paleontological Resources. The SUMC Project, in combination with other reasonably foreseeable probable future development where the Pleistocene-age creek bed may occur, could have a significant cumulative impact. Such an impact would occur if the buried Pleistocene-age creek bed is exposed in lengths greater [han approximately 100 feet (or a sufficient length to support detailed hydrological study) and if such deposits contain substantially intact skeletons of extinct species. These conditions would represent a major find for regional paleontology. In the case that significant paleontological finds-such as stretches of buried Pleistocene-age creek bed greater than 100 feet in length and containing intact skeletons of extinct species-are made on the SUMC Site, then the Impact Significance Without Mitigation S S S NI = No Impact LTS = Less-than-Significant S-64 Impact Significance With Mitigation Measures Mitigation MITIGATION MEASURES. Due to the d.emolition of the Stone Building SU complex, the SUMC Project's contribution would remain cumulatively considerable as this impact cannot be avoided. Implementation of Mitigation Measures CR-1.2 through CR-1.4 would reduce the SUMC Project's contribution to the cumulative impact, but not to a less than cumulatively considerable level. MITIGATION MEASURES. Compliance with Mitigation Measures CR-2.1 LTS and CR-3.1 would reduce the SUMC Project's contribution to the cumulative impact to a less than cumulatively considerable level. MITIGATION MEASURE. Compliance with Mitigation Measure CR-4.1 LTS would reduce the SUMC Project's contribution to the cumulative impact to a less than cumulatively considerable level. S=Significant SU = Significant Unavoidable Stanford University Medical Center Facilities Renewal alld Replacement Draft EIR -Summary Impacts LVI = No Impact S-66 __ I Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significam Mitigation Measures BR-l.3 Develop and Employ Bat Nest Box Plan. If special-status bats are found in structures to be removed, the SUMC Project sponsors shall develop a bat nest box plan for the SUMC Sites employing state-of-the-art bat nest box technology. The design and placement of nest boxes shall be· reviewed by a qualified bat . biologist. BR-l.4 Avoid Tree Removal During Nesting Season. Tree removal or pruning shall be avoided from February 1 through August 31, the nesting period for Cooper's hawk, to the extent feasible. If no tree removal or pruning is proposed during the nesting period, no surveys are required. BR-l.5 Protect Cooper's Hawk in the Event of Nest DiscovelY. If tree removal or pruning is unavoidable during the nesting season, the SUMC Project sponsors shall hire a qualified biologist to conduct a survey for nesting Cooper's hawk within five days prior to the proposed start of construction. If active Cooper's hawk nests are not present. project activities can take place as scheduled. The qualified' biologist shall visit the site daily to search for nests until all nesting substrates are removed. This will avoid impacts to Cooper's hawk that may have moved into the site and initiated nest-building after the start of tree removal activities. Additionally, if more than 5 days elapses between the initial nest search and the tree removal, it is possible for new birds to move into the construction area and begin building a nest. If there is such a delay, another nest survey shall be conducted. If any active Cooper's hawk nests are detected, the SUMC Project sponsors shall delay removal of the applicable tree or shrub while the nest is occupied with eggs or young who have not fledged. A qualified biologist shall monitor any occupied nest to determine when the Cooper's hawk nest is no longer used. S = Significant SU= Significant Unavoidable Impact Significance With lVlitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary j ..... J ..... "_.~."."._~. ~. ~.~~"." ...... ~.,~.~~~~.~~~~ Table 8-4 SUMe Project Suminary of Impacts and Mitigation Measures Impacts BR-2. Loss of Riparian or Otber Sensitive Habitats, . Including Wetlands as Defined by Section 404 of tbe Clean Water Act. Construction of the SUMC Project would have a less-tban-significant impact on riparian or other sensitive habitat resources, including wetlands. BR-3. Interference with the Movement of Any Native Resident or Migratory Fish or Wildlife Species or with Established Native Resident or Migratory Wildlife Corridors, or Use of Native Wildlife Nursery Sites. The SUMC Project would have no impact on the movement of any native resident or migratory fish or wildlife species, or use of native resident or migratory wildlife corridors, but could impede the use of native wildlife nursery sites and thus result in a significant impact. / Impact Significance Without Mitigation LTS S NI = No Impact LTS = Less-than-Significant Mitigation Measures None required. MmGATION MEASURES. Mitigation Measures BR-3.1 and BR-3.2, below, would reduce the SUMC Project's impact on nesting migratory birds to a less-than-significant level. BR-3.1 Avoid Tree Removal During Nesting Season. Tree or shrub removal or pruning shall be avoided from February 1 through August 31, the bird-nesting period, to the extent feasible. If no tree or shrub removal or pruning is proposed during the nesting period, no surveys are required. BR-3.2 Protect Birds in the Event of Nest Discovery. If tree and shrub removal or pruning is unavoidable during the nesting season, the SUMC Project sponsors shall hire a qualified biologist to conduct a survey for nesting raptors and other birds witbin five days prior to tbe proposed start of construction. If active nests are not present, SUMC Project activities can take place as scheduled. The qualified biologist shall visit the site daily to search for nests until all nesting substrates are removed. These procedures would avoid impacts to any birds that may have moved into the sites and initiated nest-building after the start of tree and shrub removal activities. Additionally, if more than five days elapses between the initial nest search and the vegetation removal, it is possible for new birds to move into the construction area and begin building a nest. If there is such a delay, another nest survey shall be conducted. If any active nests are detected, the SUMC Project sponsors shall delay removal of the applicable S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation N/A LTS S-67 .1. . .. "_"_~~_"'~ __ """' ____ "_~~._~~,_~, __ ~, ~_ Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts BR-4. Result in a Substantial Adverse Effect on any Protected Tree as Defined by the City of Palo Alto's Tree Preservation Ordinance (Municipal Code Section 8.10). The SUMC Project could have a significant impact on Protected Trees. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-68 Mitigation Measures tree or shrub while the nest is occupied with eggs or young who have not fledged. A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. MmGATION MEASURES. Mitigation Measures BR-4.1 through BR-4.5, below, to be implemented by the SUMC Project sponsors, would reduce the SUMC Project's impact on Protected Trees. In addition, Mitigation Measure BR-4.6 would require minor SUMC Project site plan adjustments to avoid removal of some biologically and aesthetically significant Protected Trees. However. the new Hospital District under the SUMC Project would allow the removal of up to 48 Protected Trees that are protected under the Municipal Code. In addition, minor modifications to the SUMC Project site plans would not be able to avoid the nine biologically and aesthetically significant Protected Trees in the Kaplan Lawn area. Therefore, the SUMC Project would result in a significant and unavoidable impact to Protected Trees. BR-4.1 Prepare a Tree Preservation Reponjor all Trees to be Retained. An updated tree survey and tree preservation report (TPR) prepared by a certified arbolist shall be submitted for review and acceptance by the City Urban Forester. For reference clarity, the tree survey shall include (list and field tag) all existing trees within the SUMC Sites, including adjacent trees overhanging the SUMC Sites. The approved TPR shall be implemented in full, including mandatory inspections and monthly reporting to City Urban Forester. The TPR shall be based on latest SUMC plans and amended as needed to address activity or within the dripline area of any existing tree to be preserved, including incidental work (utilities trenching, street work, lighting, irrigation, etc.) that may affect the health of a preserved tree. The SUMC Project shall be modified to address recommendations identified to reduce impacts to existing ordinance-regulated trees. The S=Significant SU= Significant Unavoidable Impact Significance With Mitigation SU StO/liord University Medical Center Facilities Renewal and Replacement Draft EIR -Summary 25 . Impacts Table S-4 SUMC Project Summary of Impacts and Mitigation Measures ·. L Impact Significance With Impact Significance Without Mitigation Mitigation Measures Mitigation TPR shall be consistent with the criteria set forth in the Tree Preservation Ordinance, Palo Alto Municipal Code Section .8.10.030, and the City Tree Technical Manual, Section 3.00, 4.00 and 6.30.25 To avoid improvements that may be detrimental to the health of regulated trees, the TPR shall review the SUMC Project sponsors' landscape plan to ensure the new landscape is consistent with Tree Technical Manual, Section 5.45 ~ and Appendix L, Landscaping under Native Oaks. BR-4.2 Prepare a Solar Access Study (SAS) of Short and Long Tenn Effects on Protected Oaks. The SUMC Project sponsors shall prepare a SAS of Short and Long Term Effects on Protected Oaks. The SAS shall be prepared by a qualified expert team (horticulturalist, architect designer, consulting arborist) capable of determining effects, if any, to foliage, health, disease susceptibility and also prognosis for longevity. The SAS shall provide alternative massing scenarios to provide sufficient solar access and reduce shading detriment at different thresholds of tree health/decline, as provided for in the SAS. The SAS adequacy shall be subject to peer review as determined necessary by the City. The SAS design alternatives shall be the subject of specific discussioil at all levels of ARB, Planning Commission, CitY, Council, and public review in conjunction with the SUMC Project sponsors, the City Urban Forester, and Director of the Planning and Community Environment Department, until a final design is approved. Palo Alto Municipal Code Section 8.10.030 and the City. Tree Technical Manual, Section 3.00, 4.00 and 6.30 is available at: http://www . cityofpaloalto. org/ environment/urban_canopy. asp. NI = No Impact LTS = Less-than-Significant S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary S-69 Impacts NI = No Impact S-70 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures BR-4.3 Prepare a Tree Relocation Feasibility Plan for Any Protected Tree Proposed for Relocation and Retention. Because of inherent mortality associated with the process of moving mature trees, a Tree Relocation and Maintenance Plan (TRMP) shall be prepared subject to Urban Forester's approval. The SUMC Project sponsors shall submit a TRMP to determine the feasibility of moving the Protected Trees to an appropriate location on site. Feasibility shall consider current site and tree conditions, a tree's ability to tolerate moving, relocation measures, optimum needs for the new location, aftercare, irrigation, and other long-term needs. If the relocated trees do not survive after a period of five years, the tree canopy shall be replaced with a tree of equivalent size or security deposit value. The TRMP shall be inclusive of the following mmlmUill information: appropriate irrigation, monitoring inspections, post relocation tree maintenance, and for an annual arborist report of the condition of the relocated trees. If a tree is disfigured, leaning with supports needed, in decline with a dead top or dieback of more than 25 percent, the tree shall be considered a total loss and replaced in kind and size. The fmal annual arborist report shall serve as the basis for return of the Tree Security Deposit (see Mitigation Measure BR-4.4, below, for a discussion of the Tree Security Deposit). BR-4.4 Provide a Tree Preservation Bond/Security Guarantee. The natural tree resources on the SUMC Site include significant Protected Trees and those that provide neighborhood screening, including two trees proposed for relocation. Prior to building permit submittal, the Tree Security Deposit for the total value of the relocated trees, as referenced in the Tree Technical Manual, Section 3.26, Security Deposits, shall be posted to the City S=Significan/ SU= Significant Unavoidable hnpact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impacts NI = No Impact ._1 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Impact Significance With Mitigation Measures lVlitigation , Revenue Collections in a form acceptable by the City Attorney. As a security measure, the SUMC Project sponsors shall be subject to a Memorandum of Understanding (MOU) between the City of Palo Alto and the SUMC Project sponsors describing a tree retention amount, list of trees. criteria and timeline for return of security, and conditions as cited in the Record of Land Use Action for the SUMC Project. The SUMC Project sponsors and SUMC Project arborist, to be retained by the SUMC Project sponsors, shall coordinate with the City Urban Forester to determine the amount of bonding required to guarantee the protection and/or replacement of the regulated trees on the site during construction and within five years after occupancy. The SUMC Project sponsors shall bond for 150 percent of the value for the relocated trees, and 50 percent of the value of the remaining trees to be protected during construction (as identified in the revised and fmal approved Tree Protection Report). The SUMC Project sponsors 'shall provide an appraisal of the trees with the proposed level of bonding in a tree value table to be reviewed and accepted by the Director of Planning and Community Environment with the description of each tree by number. value, and total combined value of all the trees to be retained. A return of the guarantee shall be subject to an annual followed by a final tree assessment report on all the relocated and retained trees from the SUMC Project arborist, as approved by the City Urban Forester. five years following fmal inspection for occupancy, to the satisfaction of the Director of the Planning and Community Environment Department. BR-4.5 Provide Optimum Tree Replacement for Loss of Publicly-Owned Trees Regulated Tree Category. There are many publicly owned trees growing in the right-of-way along various frontages (Welch Road, Pasteur Drive, Quarry Road, Sand Hill Road, etc.). S=Significant SU = Significant Unavoidable Stanford University Medical Center Facilities ReneM-'al and Replacement Draft EIR -Summary S-71 26 Impacts Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation hnpact Significance With Mitigation Measures Mitigation These trees provide an important visual and aesthetic value to the streetscape and represent a significant investment from years of public resources to maintain them. As mitigation to offset the net benefits loss from removal of mature trees, and to minimize the future years to achieve parity with visual and infrastructure service benefits (C02 reduction, extended asphalt life, water runoff management, etc.) currently provided by the trees, the new public trees on all roadway frontages shall be provided with best practices design and materials, including, but not limited to, the following elements: • Consistency with the City of Palo Alto Public Works Department Street Tree Management Plan, in consultation with Canopy, InC.26 • Provide adequate room for natural tree canopy growth and adequate root growing volume. For large trees, a target goal of 1,200 cubic feet of soil shall be used. • For pedestrian and roadway areas that are to include tree planting or adjacent to existing trees to be retained, utilize City-approved best management practices for sustainability products, such as permeable ADA sidewalk surfaces, Silva Cell base support planters, engineered soil mix base, and other advantage methods. Canopy, Inc. is a non-profit organization that advises the City with regards to public trees. The City typically interfaces between applicants and rhe '~Canopy, Inc., but it is recommended that the SUMC Project sponsors consult with Canopy, Inc. as well. NI = No Impact LTS = Less-than-Signijicam S=Signijicam SU= Signijicam UnClVoidable S-72 StQJiford University Medical Center Facilities Renewal and Replacemem Draft EIR-SummaJY "".1 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts BR-S. Conflict with any Applicable Habitat Conservation Plan or Natural Community Conservation Plan. The SUMC Project would have no impact on any applicable Habitat Conservation Plan or Natural Community Conservation Plan. BR-6. Cumulative Impacts on Special-Status Wildlife Resources. The SUMC Project, in combination with other foreseeable development, would have a less-than-significant impact on Special-Status Plant Resources. BR-7. Cumulative Loss of Riparian or Other Sensitive Habitats, Including Wetlands as Defined by Section 404 of the Clean Water Act. Cumulative impacts on riparian or other sensitive habitats could be significant. However, the SUMC Project's contribution to the cumulative impact would be less than cumulatively considerable. BR-S. Cumulative Interference with the Movement of Any Native Resident or Migratory Fish or Wildlife Species or With Established Native Resident or Migratory Wildlife Corridors, or Use of Native Wildlife Nursery Sites. Cumulative interference with movement of resident or migratory species or with established migratory corridors could be significant. However, the SUMC Project's contribution to the cumulative impact would be less than cumulatively considerable. Impact Significance Without Mitigation NI LTS LTS LTS NI = No Impact LTS = Less-than-Significant Mitigation Measures BR-4.6 Implement Minor Site Modifications to Preserve Biologically and Aesthetically Significant Protected Trees. The SUMC Project sponsors shall design and implement modifications to building design, hardscape, and landscape to incorporate the below and above ground area needed to preserve as many biologically and aesthetically significant Protected Trees as possible. None required. None required. None required. None required. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY hnpact Significance With Mitigation N/A N/A N/A N/A S-73 ... I Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HW-4. Stormwater Runoff and Erosion. The SUMC Project would have a less-than-significant impact on stonnwater runoff and erosion. HW-5. Flooding and Stormwater Conveyance Capacity. The SUMC Project would have a less-than-significant impact on flooding and storm water conveyance capacity. HW-6. Streanlbank Instability. The SUMC Project would have a less-than-significant impact on streambaJ:l1( instability. Impact Significance Without Mitigation LTS LTS LTS NI = No Impact LTS = Less-than-Signijicam S-76 Mitigation Measures Substances Contingency Plan (the "National Contingency Plan" [NCP)). The SUMC Project sponsors, or their representative, shall be responsible for submitting the workplan for the DTSC's review and approval prior to implementing field activities. The workplan must include all information necessary for implementing field work. The workplan shall include a Site Safety Plan (SSP) and a Sampling Work Plan (SWP). The SSP must be submitted to the DTSC in conjunction with the submittal of the SWP. The objective of the SSP is to ensure protection of the investigative team as well as the general public during sampling activities. If risk to human or ecological health is identified, the SUMC Project sponsors shall prepare and implement a Removal Action Workplan (SB 1706 Stats. 1994, Chapter 441) (non-emergency removal action or remedial action at 'a hazardous substance release site which is projected to cost less than $1,000,000) that is consistent with the NCP. None required. None required. None required. S=Signijicant SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HW-7. Degradation of Surface Water QUality. TIle SUMC Project would have a less-than-significant impact on degradation of surface water quality. HW-S. Dam Failure Inundation. TIle SUMC Project would have a less-than-sigl1ificant impact regarding dam failure inundation. HW-9. Violation of Any Water Quality Standards or Waste Discharge Requirements (WDRs). The SUMC Project would have a less-than-significant impact regarding water quality standards or WDRs. HW -10. Cumulative Groundwater Recharge and Local Water Table. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less- than-significant cumulative considerable impact on groundwater recbarge and the local groundwater table. HW-ll. Cumulative Groundwater Quality Impacts. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-tban- significant cumulative impact on groUlidwater qUality. HW-12.Cumulative Stonnwater Runoff and Erosion. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than- significant cumulative impact on stormwater runoff and erosion. Impact Significance Without Mitigation LTS LTS LTS LTS LTS LTS NI = No Impact LTS = Less-than-Significant None required. None required. None required. None required. None required. None required. S=Significant Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Mitigation Measures SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A N/A N/A N/A S-77 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-3. Exposure to Contaminated Soil and/or Groundwater During Construction. The SUMC Project could expose construction personnel and public to existing contaminated groundwater and/or soil. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-80 Mitigation Measures MITIGATION MEASURES. With implementation of Mitigation Measure HM-3.1 through HM-3.4, below, the significant impact on construction personnel and the public due to exposure to contaminated soil and/or groundwater at the SUMC Sites would be reduced to less-than-significant levels. In addition, Mitigation Measure HW-3.1 in Section 3.11, Hydrology, would require the SUMC Project sponsors to develop a work plan for any unknown contaminated site, wruch would further reduce the imp,!cts to less than significant. Mitigation Measure HM-3.4 would require specification of measures to prevent hazards from any remediation itself. As such, these would be less-than-significant impacts from any remediation. HM-3.1 Perfoml a Phase II ESAfor the 701 Welch Site. A Phase n ESA shall be performed at 701 Welsh Site Building B. The Phase IT ESA shall include sampling and analysis of soil, groundwater, wastewater, and residues on surfaces such as laboratories countertops, fume hoods, sinks, sumps, floors, and drain lines. The County DEH and P AFD shall be notified by the Project sponsors if contamination is discovered. If contamination is discovered, the SUMC Project sponsors shall prepare a site remediation assessment that (a) specifies measures to protect workers and the public from exposure to potential site hazards and (b) certifies that the proposed remediation measures would . clean up contaminants, dispose of the wastes, and protect public health in accordance with federal, State, and local requirements. Site excavation activities shall not proceed until the site remediation has been approved by the County DEH and implemented by the SUMC Project sponsors. Additionally, the Site Remediation Assessment shall be subject to review and approval by the San Francisco Bay RWQCB. All appropriate agencies shall be notified. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation LTS Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impacts NI = No Impact L"_ ..... Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures HM-3.2 Excavate Contaminated Soil from the 703 Welch Site. For the 4- to 9-square-foot area near every discharge point from the building, soil samples shall be performed and contaminated soil excavated, removed, and transported to an approved disposal facility. in compliance with OSHA requirements. The County DEH and the PAFD shall be notified by the SUMC Project sponsors if contamination is encountered during construction. HM-3.3 Conduct a Soil Vapor Program at the Hoover Pavilion Site. A qualified consultant, under the SUMC Project sponsors' direction, shall undertake the following activities: • Remove all buried underground storage tanks from the property after sheds and storage buildings on the Hoover Pavilion Site have been demolished; • To the extent necessary, additional soil sampling shall be collected to determine health risks and to develop disposal criteria; • If warranted based on soil sampling, a human health risk assessment shall be prepared and implemented to detennine potential for impacts on construction workers as well as to develop measures to ensure it is safe ,to redevelop the Hoover Pavilion Site within engineering controls (e.g., SVE or vapor barriers); and • To the extent required based upon the results of soil sampling and the results of a health risk assessment (if applicable), a Site Health and Safety Plan to ensure worker safety in compliance with OSHA requirements shall be developed by the Project sponsors, and in places prior to commencing work on any contaminated site. S=Significant SU = Significant Unavoidable Stal\ford University Medical Center Facilities Renel",'al and Replacement Draft EIR -Summary Impact Significance With Mitigation S-81 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-4. Hazardous Waste Generation and Disposal Resulting in Increased Exposure Risk. The SUMC Project would not substantially increase exposure risk related to hazardous waste generation. HM-5. Emit Hazardous Emissions or Handle Hazardous Materials Within One-Quarter Mile of a School. The SUMC Project would not emit or handle hazardous materials within one-quarter mile of school. HM-6. Construct a School OJ;l a Property that is Subject to Hazards from Hazardous Materials Contamination, Emissions or Accidental Release. The SUMC Project would not construct a school that is subject to hazards from hazardous materials contamination, emissions or accidental release. Impact Significance Without Mitigation LTS LTS N1 NI = No Impact LTS = Less-than-Significant S-82 Mitigation Measures The SUMC Project sponsors shall cooperate with the County DEH to proceed with closure of the Hoover Pavilion Site. HM-3.4 Develop a Site Management Plan for the Hoover Pavilion Site. The SUMC Project sponsors shall prepare a site remediation assessment that (a) specifies measures to protect workers and the public from exposure to potential site hazards, including hazards from . remediation itself, and (b) certifies that the proposed remediation measures would clean up contaminants, dispose of the wastes, and protect public health in accordance with federal, State. and local requirements. Site excavation activities shall not proceed until the site remediation has been approved by the County DEH and implemented by the SUMC Project sponsors. Additionally, the Site Remediation Assessment shall be subject to review and approval by the San Francisco Bay RWQCB. All appropriate agencies shall be notified. None required. None required. None required. S=Significant . SU = Significant Unavoidable hnpact Significance With Mitigation N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-7. Occur on a Site Included on the Cortese List, a List of Hazardous Materials Sites. The SUMC Project would result in construction of facilities on a site included on the Cortese List. HM-S. Wildland Fire Risk. The SUMC Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. HM-9. Occur on a Site Located Within an Airport Land Use Plan or Within Two Miles of a Public Airport, and Result in a Safety Hazard. The SUMC Project would not be located within an Airport Land Use Plan or within 2 miles of a Public Airport. HM~lO. Impairment of Emergency Plans. The SUMC Project could impair implementation or physically interfere with an adopted emergency response or evacuation plan. Impact Significance Without Mitigation S NI Nl S NI = No Impact LTS = Less-than-Significant Mitigation Measures MmGATION MEASURES. Implementation of Mitigation Measures HM-3.3 and HM-3.4, which involve the implementation of a soil vapor program and development of a site management plan, would reduce the potential for exposure to hazardous materials. at the Hoover Pavilion Site to less-than- significant levels. Additionally, compliance with current federal, State and local regulations would help prevent any further exposure to hazardous materials. None required. None required. MITIGATION MEASURES. Mitigation Measure HM-lO.l requires advance coordination with the City of Palo Alto on construction routes or roadway closures. This measure, together with Mitigation Measures TR-l.l, TR-l.4 through TR-1.6, and TR-1.S, which all involve construction-period traffic controls, would reduce the significant construction-period impacts to a less-than-significant level. Mitigation Measure TR-9.1, would involve the installation of emergency vehicle traffic signal priority (OptiCom) at all intersections significantly impacted by the SUMC Project. Mitigation Measure TR-9.1 would reduce impacts on emergency access during operation. Implementation of these measures would reduce the SUMC Project's impact to emergency evacuation and response plans to a less-than- significant level. S = Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renel1!al and Replacement Draft EIR -Summary hnpact Significance With Mitigation LTS N/A N/A LTS S-83 TabJe S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts PH-3. Impacts on Jobs to Employed Residents Ratio. The SUMC Project would have an adverse impact on the City's jobs to employed residents ratio because it would exceed the existing Comprehensive Plan and zoning allowances for the SUMC Sites and thus require amendment to the Comprehensive Plan and rezoning, and it would increase the City's jobs to employed residents ratio by more than 0.01. However, this impact is not, itself, an environmental impact. This impact will result in secondary environmental inlpacts relating to additional commute traffic, including the significant and unavoidable impacts on air quality and climate change, as identified in Sections 3.5 and 3.6. The present analysis of impacts to the "jobs to employed residents" ratio is presented for informational purposes, and for the purpose of identifying additional mitigation measures for those identified impacts. Impact Significance Without Mitigation N/A NI = No Impact LTS = Less-than-Significant S-86 Mitigation Measures MmGATION MEASURE. Implementation of Mitigation Measure PH-3.1 would reduce the impact on the City's jobs to employed residents ratio; however, such implementation would not fully avoid the SUMC Project's impact on the jobs to employed residents ratio because (1) the measures would not guarantee provision of housing units to cover the demand from the 1,052 households (or 8 percent thereof), and (2) due. to the various factors that people consider in choosing where to live, it caDIlot be ascertained that the 1,810 workers would choose to live in Palo Alto. Due to the high concentration of jobs in Palo Alto, it is possible that a strong affordable housing program would result in reduced traffic congestion, vehicle miles traveled, and greenhouse gas emissions. Implementation of Mitigation Measure PH-3.1 is not directly required in order to mitigate a significant environmental impact, but rather should be considered as possible additional mitigation for Impacts A Q-2, A Q-7 , CC-1, and CC-2, as discussed in Section 3.5, Air Quality, and Section 3.6, Climate Change, of this EIR. However, it should be stressed that these measures are presented here only in conceptual terms, and the City may find that some or all of them are not feasible for various legal, practical, or other reasons. As sucb, Mitigation Measure PH-3.1 is presented for informational purposes, and to ensure that all possible options for mitigation of tllese inlpacts are adequately considered. PH-3.1 Reduce the Impacts OIL the Jobs to Employed Residents Ratio. In order to reduce tile SUMC Project's impacts on the City's jobs to employed residents ratio, one or more of the following measures shall be implemented by both the City and the SUMC Project sponsors: • The City shall explore amending the Zoning Code to permit more residential uses, particularly multifamily residential use; S=Significant SU= Significant Unavoidable hnpact Significance With Mitigation N/A Stanford University Medical Center Facilities Renewal alld Replacement Draft EIR -SummaJY ... _ .. ~~·~~-=.·,-__ ~L...._._"""' .. ~ .• ".~~,,,,,,,,,,,,u._,.~_ .. _."""~_ ... u.L~L _......L...i4 __ '-__ ..... _ ..... ,~~· "'--_.~,-' __ Table S-4 SUMC Project Summary of Impacts and Mitigation Measures . Impact'> PS-2. Impacts from Police Protection Facilities. The SUMC Project would require an increased lever of police services. However, the increased level of police services would not be large enough to trigger the need for construction of new facilities, which could adversely affect the physical environment. Impacts would be less than significant. PS-3. Impacts Related to School Facilities. An increase in students, which would require school e},.-pansions, would result as a tertiary impact of the SUMC Project, since increased employment from the SUMC Project could induce additional housing units within the City. Both the SUMC Project and induced housing projects would be subject to SB 50 School Impact Fees, which would mitigate impacts to less than significant. PS-4. Impacts Related to Construction of New or Altered Parks and Recreation Facilities. The SUMC Project would not result in the construction or expansion of new parks or fields, which would in turn result in adverse environmental inlpacts. The SUMC Project would be required to pay a City Community Facility Fee, which would be used to fund new parks or an alteration to an existing park, and would mitigate impacts to less than significant. PS-S. Deterioration of Park and Recreation Facilities. Increased recreational demand from SUMC Project employees could accelerate the physical deterioration of the City's parks and fields. The SUMC Project would be required to pay a City Community Facility Fee, which reduce or avoid any such deterioration, and would mitigate impacts to less than significant. Impact Significance Without Mitigation LTS LTS LTS LTS NI = No Impact LTS = Less-than-Significant S-88 Mitigation Measures None required. None required. None required. None required. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EJR -SUfnJ1'laJY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts PS-6. Cumulative Fire Protection Demand and Emergency Medical Facilities. Cumulative growth would increase demand for fire protection and emergency response services within the P AFD' s service area; however, no new P AFD facilities would need to be constructed. Cumulative impacts would be less than significant. PS-7. Cumulative Police Protection Demand. Cumulative growth in the City could necessitate construction of new or expanded police facilities in order to meet increased demand for services. Construction of new or expanded police facilities could result in significant environmental impacts. As such, cumulative impacts related to police service could be significant. However the SUMC Project's contribution to the cumulative need for new or expanded police facilities would be less than cumulatively considerable. PS-8. Cumulative School Demand. Cumulative development in the City can be expected to necessitate expansion of school facilities, which could have adverse physical environmental impacts. TIris cumulative impact is conservatively assumed to be significant, although the SUMC Project's contribution to this cumulative impact would be less than cumulatively considerable. PS-9 Cumulative Demand for Parks and Recreation Facilities, and for New Parks. Cumulative impacts related to park deterioration would be less than significant due to the City's Community Facility Fee. Cumulative growth in the City would necessitate acquisition or development of new parklands. which could result in significant environmental impacts; however, the contribution of the SUMC Project to Impact ~ Significance Without Mitigation LTS LTS LTS LTS NI = No Impact LTS = Less-than-Signijicant None required. None required. None required. None required. S=Signijicant Stanford University Medical Center Facilities Renev.'al and Replacement Draft ElR -Summary Mitigation Measures SU= Signijicant Unavoidable hnpact Significance~ With Mitigation N/A N/A N/A N/A S-89 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts replacement or maintenance of storm drain facilities. However, general replacement and maintenance of storm drain facilities is included in City plans and would comply with applicable environmental regulations. Therefore, cumulative development would have a less-than-significant cumulative impact related to the capacity or deterioration of storm drain facilities. UT-9. Cumulative Solid Waste Impacts. Cumulative development would generate solid waste within the permitted capacity of the SMART Station and Kirby Canyon Landfill. Cumulative development would not result in substantial deterioration of solid waste facilities. As such, cumulative impacts related to solid waste generation would be less than significant. UT-lO. Cumulative Energy Demand. Cumulative development in the City of Palo Alto would consume additional energy and, therefore, would increase the demand for energy. The City' s electrical and natural gas facilities are projected to have adequate capacity to serve the City's increased demand for energy. The increased level of energy demand may trigger the need for the replacement or maintenance of energy facilities. However, general replacement and maintenance of energy facilities is expected and would comply with applicable environmental regulations. Therefore, cumulative development would not have a significant cumulative impact related to energy demand and energy facilities. Impact Significance Without Mitigation LTS LTS NI = No Impact LTS = l_ess-than-Signijicant S-92 Mitigation Measures None required. None required. S=Signijicant SU~ Signijicant Unavoidable ~--- hnpact Significance With :Mitigation N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -SummalY TO: FROM: DATE: SUBJECT: 14e, CITY OF PALO ALTO Memorandum HONORABLE CITY COUNCIL CITY MANAGER JUNE 14, 2010 DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 272:10 Stanford University Medical Center Facilities Renewal and Replacement Project Draft Environmental Impact Report -Comment on the Draft Environmental Impact Report, including an overview of the Visual Quality, Biological Resources and Cultural Resources chapters. This CMR was originally distributed in an early packet on June 2,2010. CURTIS WILLIAMS Director of Planning and Community Environment ~~ CCJAMES KEENE ~City Manager TO: HONORABLE CITY COUNCIL PLANNING AND TRANSPORTATION COMMISSION FROM: CITY MANAGER DATE: JUNE 14,2010 REPORT TYPE: PUBLIC HEARING DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 272:10 SUBJECT: Stanford University Medical Center Facilities Renewal and Replacement Project Draft Environmental Impact Report -Comment on the Draft Environmental Impact Report, including an overview ofthe Visual Quality, Biological Resources and Cultural Resources Chapters. EXECUTIVE SUMMARY Staff recommends that the City Council and. Planning and Transportation Commission (P&TC) provide and accept public comments on the Draft Environmental Impact Report (Draft EIR) for the Stanford University Medical Center Facility Renewal and Replacement Project (SUMC Project) and forward comments to staff and consultants for response in the Final Environmental Impact Report (Final EIR). The Draft EIR began a 69-day public review period on May 20,2010. The review period ends on July 27,2010. Multiple meetings will be held with the City Council and P&TC to accept comments on the Draft EIR. The P &TC will hear this item on June 9, 2010. The staff report provides an overview of the Visual Quality, Biological Resources and Cultural Resources chapters of the Draft EIR, including the key impacts and mitigation measures. RECOMMENDATION Staff recommends that the City Council and Planning and the Planning and Transportation Commission: 1. Accept public comments on the Draft ErR; and 2. Forward comments on the Draft ErR to staff and the consultant for response in the Final EIR. BACKGROUND On May 20, 2010, the SUMC Project Draft EIR was published starting a 69-day public review _p_erio_d.~hisjs_the_second_public_hearingjn_a_seriesoLmeetings-on-the Draft EIROn June 9 the P&TC will hold a public hearing on the items identified in this staff report. Copies of the Draft EIR can be obtained at the City of Palo Alto Development Center, at the Palo Alto Main Library and via the City's website, www.cityofpaloalto.org/sumc. \ City of Palo Alto Page 1 ENVIRONMENTAL REVIEW Staff will provide an overview of the following chapters at the meeting: • Visual Quality (pages 3.3-1 through 3.3-56) • Biological Resources (pages 3.9-1 through 3.9-32) • Cultural Resources (pages 3.8-1 through 3.8-29) The comments on these chapters should be focused on whether the information presented in the Draft EIR adequately covers the environmental impacts that could result from the proposed SUMC Project. The hearings are not meant to provide a forum for dialogue about the project merits, but to be opportunities to collect comments on the Draft EIR to ensure that it adequately describes the environmental impacts of the Project. 1. Visual Quality Visual Quality impacts are addressed in Section 3.3 of the Draft EIR. Visual quality pertains to how people see and experience the environment, particularly its visual character. William Kanemoto and Associates prepared visual simulations analyzed in the chapter. Significance Thresholds Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would result in a significant visual quality impact if it would: • Substantially degrade the existing visual character or quality ofthe site and its surroundings; • Significantly alter public viewsheds or view corridors or scenic resources (such as trees, outcroppings or historic buildings along a scenic roadway); • Require substantial terrain modifications that would degrade the visual character of the site; • Allow for new development that would violate existing Comprehensive Plan policies regarding visual resources; • Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area; or • Substantially shadow public open space (other than public streets and adjacent sidewalks) between 9:00 a.m. and 3:00 p.m. from September 21 to March 21. Key Impacts and Mitigations The following impacts have been identified as significant (S); however the impacts identified in this chapter can be eliminated through mitigation. The mitigation measures developed for each of the impacts are identified below. ---~-.-"l[Q=-L:-Temporary-degradation-of-v:isual-character during construction (S). Mitigation Measure- o VQ-1.1: Implement construction visual improvement plans; City of Palo Alto Page 2 • VQ-2: Permanent degradation of visual character post construction (S). • VQ-3: Alteration of public viewsheds (S). • VQ-5: New sources oflight and glare (S). Mitigation Measure - Discussion o VQ-2.l: Compliance with the City's Architectural review process and recommendations. Significance determinations for the impact analysis are based on the extent of changes in the visual character and quality of the SUMC Sites and surroundings, as well as the change in quality of views from key vantage points. Changes in visual character are affected primarily by building scale, height, and mass. Landscaping, lighting, exterior architectural treatments, and materials are also considered in determining the resulting character and its compatibility with surrounding development. Context and expectations are also considered. To demonstrate potential impacts from the SUMC Project, visual simulations of existing and representative post-construction (2025) views from five selected vantage points were prepared. Figure 3.3-7 of the Draft EIR provides a map of the vantage points. The SUMC Project would increase on-site massing by adding 1.3 million square feet of building floor area and raising maximum building height on the SUMC sites from five to seven stories, reconfigure on-site layout, alter on-site landscaping and lighting, and incorporate new building materials and treatments. Mitigation requires the SUMC Project sponsors to submit final building and site plans to the ARB prior to issuance of any development permits. Architectural Review shall assess the appropriateness of proposed demolitions, proposed building heights and massing, siting of buildings and structures, architecture and fa9ade treatments, landscaping, circulation plans, and parking. The ARB may require alterations to any of the above proj ect features, or the ARB may suggest new features, such as new landscaping or public art, to improve the proposed SUMC Project design. Any recommendations made by the ARB with respect to the design of the SUMC Project shall be implemented by the SUMC Project sponsors. At the P&TC and City Council meetings the applicant will be providing an overview of the SUMC Project design, including an animation to provide the Council, P&TC and community an understanding of each of the Project components, their respective building design intent and how the different components of the Project tie together. 2. Biological Resources Biological Resource impacts are addressed in Section 3.9 of the Draft EIR. Significance Thresholds Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would result in a significant biological resource impact if it would: City of Palo Alto Page 3 • Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations; • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, including federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; • Result in a substantial adverse effect to any "protected tree" as defined by the City of Palo Alto's Tree Preservation Ordinance (Municipal Code Section 8.10); or • Conflict with any applicable habitat conservation plan or natural community plan. Key Impacts and Mitigations The following impacts have been identified as significant (S); however these impacts can be eliminated through mitigation. The mitigation measures developed for each of the impacts are identified below. • BR-l: Impacts on special-status plant or wildlife resources (S). Mitigation Measures- o BR -1.1: Conduct a pre-demolition survey; o BR-1.2: Avoid roosting areas: o BR -1.3: Develop and employ bat nest box plan; o BR-1.4: Avoid tree removal during nesting season: o BR-1.5: Protect Cooper's hawk in the event of nest discovery. • BR-3: Use of native wildlife nursery sites (S). Mitigation Measures- o BR-3.l: Avoid tree removal during nesting season; o BR-3.2: Protect birds in the event of nest discovery. Significant and Unavoidable Impacts The following impacts have been identified as significant and unavoidable (SU) even after implementation of mitigation measures: • BR-4: Result in a substantial adverse effect on any protected tree (SU). • BR-9: Cumulative impacts on protected trees (SU). MitigatIOn Measures---------------- o BR -4.1: Prepare a tree preservation report for all trees to be retained; o BR-4.2: Prepare a solar access study of short and long term effects on protected oaks: o BR-4.3: Prepare a tree relocation feasibility plan for any protected tree proposed for City of Palo Alto Page 4 Discussion relocation and retention; o BR-4.4: Provide a tree preservation bond/security guarantee: o BR -4.5: Provide optimum tree replacement for loss of publicly-owned trees regulated tree category. o BR-4.5: Implement minor site modifications to preserve biologically and aesthetically significant protected trees. Approximately 1,562 trees have been identified in the SUMC sites. Coast live oaks and coast redwoods above a certain size are regulated under the City's Tree Protection and Management Regulations, which prohibit the removal of these trees, except under limited circumstances. There are 176 trees large enough to be designated as Protected Trees. 71 Protected trees appear to be within or sufficiently close to new building footprints or areas associated with the site reconfiguration. Therefore, removal of up to 71 Protected Trees out of a total of 176 Protected Trees may occur. Ofthe 71 Protected Trees, approximately 23 trees have been determined by the City to have both biological and aesthetic resource characteristics. A "Biological Tree Resource" is a protected category oak or redwood of a certain size as defined in the Palo Alto Municipal Code, Chapter 8.10, Tree Preservation and Management Regulations. An "Aesthetic Tree Resource" is a Protected Tree that is deemed important relative to the SUMC Project, as designated by the Department of Planning and Community Environment or the City Council, because it has one or more of the following qualities: functions as an important or prominent visual feature; contributes to a larger grove or landscape theme; and/or possesses unique character as defined in the designation of Heritage Trees (per Municipal Code Section 8.10.090). The City has determined that these 23 Protected Trees that are both biologically and aesthetically significant would require retention and preservation under the SUMC Project. The 23 Protected Trees include: nine Protected Trees in Kaplan Lawn (located between Pasteur Drive), 12 Protected Trees in the area ofthe proposed SoM FIM 1 building, one Protected Tree located between the site of the Blake-Wilbur Clinic building and Welch Road, and one Protected Tree east of the new LPCH hospital building, along Welch Road. The new "Hospital District" would create a procedure to permit the removal of the remaining approximately 48 Protected Trees while preserving the 23 Protected Trees that are considered both biologically and aesthetically significant. Site planning adjustments could be made to protect some of the 23 trees, but not all. Therefore, the impact is considered significant and unavoidable. Tree Preservation Alternative In an effort to retain as many Protected Trees as possible, the applicant has worked collaboratively with staff to develop the Tree Preservation Alternative. Section 5 of the Draft EIR describes fully the Project Alternatives. Although the Alternatives will be di~cus_sed ingreaterd~tail at the luly_IP&TC meeting and July 26 City Council meeting, it is important to briefly discuss the Tree Preservation Alternative in context with the Visual Quality and Biological Resources Chapters of the Draft EIR. A description ofthis Alternative can be found in the Draft EIR on pages 5-15 through 5-22 and Figure 5-1 provides a site plan for this Alternative. City of Palo Alto PageS The Tree Preservation Alternative preserves biologically and aesthetically significant oak trees located in the portion of the SUMC Project known as Kaplan Lawn, outside the proposed FIM 1 building near Pasteur Drive, and outside the new hospital building near Welch Road. The Tree Preservation Alternative maintains the same square footage and programmatic functions as the SUMC Project, but proposes design modifications to the new hospital building as well as FIM 1 to accomplish additional tree preservation. The key difference under the Tree Preservation Alternative is that the square footage and programmatic functions planned for the hospital module located within the Kaplan Lawn (Hospital Module Six) would be incorporated into the other hospital modules. The new design reduces the building footprint and allows all of the trees within the Kaplan Lawn to be retained. Other changes are proposed to FIM 1 to preserve additional trees. The Tree Preservation Alternative represents how the project design has changed from the original application and how it continues to evolve throughout the public review process. The applicant has identified this Alternative as their preferred alternative and has been working on further developing the design shown in this Alternative with their Boards of Directors and with the Office of Statewide Health Planning and Development (OSHPD). The refined SHC and FIM 1 building designs depicted in the Tree Preservation Alternative, are the designs being supported by Stanford, being reviewed by ARB and will be the designs presented for consideration after the EIR certification. The applicant will be providing an overview of the Project design at both the P&TC and City Council meetings to show how the project design continues to evolve based on information presented in the Draft EIR (such as the impacts on visual quality and biological resources). 3. Cultural Resources Cultural Resource impacts are addressed in Section 3.8 of the Draft EIR. This section of the EIR is based primarily on the report titled Cultural Resources and the Stanford University Medical Center Facilities Renewal and Replacement Project, prepared by Stanford University and a peer review of that report prepared by Architectural Resources Group, Inc. (ARG). Significance Thresholds Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would result in a significant cultural resource impact if it would: • Cause a substantial adverse effect (as defined in CEQA Guidelines section 15064.5(b)) on an historical resource listed or eligible for listing on the National and/or California Register, or listed on the City's Historic Inventory; • Eliminate important examples of major periods of California history or prehistory; • Cause damage to an historic or unique archaeological resource as defined in Section 15064.5 of the CEQA Guidelines; ----.-Bisturb-Native Am~rican-human-remains, inc1udirrg those interred outside-of fannal cemeteries; • Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature; or City of Palo Alto Page 6 • Directly or indirectly destroy a local cultural resource that is recognized by City Council resolution. Key Impacts and Mitigations The following impacts have been identified as significant (S); however these impacts can be eliminated through mitigation. The mitigation measures developed for each of the impacts are identified below. • CR-2: Impacts on prehistpric or archaeological resources (S). • CR-6: Impacts on prehistoric and/or archaeological resources and human remains (S). Mitigation Measure- o CR -2.1: Construction staff training and consultation. • CR-3: Impacts on human remains (S). Mitigation Measure- o CR -3.1: Conduct protocol and procedures for encountering human remains. • CR-4: Impacts on Paleontological resources (S). Mitigation Measure- o CR-4.1: Conduct protocol and procedures for encountering paleontological resources. • CR-6: Cumulative impacts on prehistoric and/or archaeological resources and human remains (S). Mitigation Measures- o CR-2.1: Construction staff training and consultation; o CR-3.l: Conduct protocol and procedures for encountering human remains. • CR-7: Cumulative impacts on Paleontological resources (S). Mitigation Measure- o CR-4.1: Conduct protocol and procedures for encountering paleontological resources. Significant and Unavoidable Impacts The following impacts have been identified as significant and unavoidable (SU) even after implementation of mitigation measures: • CR -1: Impacts on historical resources (SU). • CR-5: Cumulative impacts on historical resources (SU). Mitigation Measures- o CR-1.1: Manually demolish structures at the Hoover Pavilion site; o CR-1.2: Prepare HABS documentation for the Stone Building complex; ~ ____ 0 CR -1.3~ Distripute written an<iphotographic docllmentation to agencies; o CR-1.4: Prepare permanent interpretive displays/signage/plaques; o CR -1.5: Implement protection documents for the Hoover Pavilion. Discussion City of Palo Alto Page 7 Seven potential historic resources within the SUMC Sites were evaluated: Governor's Avenue, Hoover Pavilion, Nurse's Cottage at Hoover Pavilion, 701 Welch Road, 703 Welch Road, 1101 Welch Road, and the Stone Building complex (including the East, West, Core, Boswell, Grant, Alway, Lane, and Edwards buildings). The Hoover Pavilion exemplifies the distinctive characteristics of a pre-World War II hospital and appears to maintain sufficient integrity for listing on the California Register of Historic Resources (CRHR). The Hoover Pavilion is considered to be an historical resource for purposes of the City's CEQA analysis. The Draft ErR concludes that no significant interior spaces remain intact from the period of significance, exterior modifications would retain significant character defining features and eliminate non-historic elements, and the proposed medical office building and parking structure retain significant views and would not result in an adverse, material alternation of significant characteristics and would result in a less-than-significant impact. Mitigation measures are included to protect the Hoover Pavilion during construction. the Stone Building complex was designed by Edward Durell Stone and the landscaping was designed by Thomas Church. Additionally, the complex is associated with the first heart transplant in the U.S. Although there have been some alterations to the complex's courtyards and the surrounding setting; the complex as a whole is largely intact and conveys the original design intent. In addition, the main entry facades and several architectural elements retain a high degree of integrity and convey an expression of Stone's work during an important phase of his career. Additionally, enough time has passed to understand the significance of the heart transplant that occurred at the hospital, and that the building retains sufficient integrity for association with that time period. Therefore, the Draft EIR concludes that the Stone Building complex appears eligible for listing on the CRHR and therefore is an historical resource pursuant to CEQA. The demolition of the Stone Building complex would result in a significant impact on an historical resource. Mitigation measures CR -1.2 through CR-1.4 would reduce impacts due to the loss ofthe Stone Building complex; however, the impact would remain significant and unavoidable. In combination with the SUMC Project, cumulative development would have cumulatively significant impacts on historic resources in the City because these would together result in loss of at least one historically significant structure. Only one other E.D. Stone building in Palo Alto, the Palo Alto Main Library retains sufficient integrity to be eligible for listing. The demolition ofthe Stone Building complex would comprise a considerable loss of an historical resource that is a unique and non-renewable member of a finite class. The demolition ofthe Stone Building complex would have a cumulatively considerable impact due to the small body ofE.D. Stone's work present in the City that retains sufficient integrity to be eligible as historicaL resources. Due to the demolition of the Stone Building complex, the SUMC Project's contribution would n -remam cumulativelycon.siderable, as this impact cannot be avoided. Implementation of Mitigation Measures CR -1.2 through CR -1.4 would reduce the SUMC Project's contribution to the cumulative impact, but not to a less than cumulatively considerable level. City of Palo Alto Page 8 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures i ! Impacts Impact Significance Without Mitigation VQ-2. Permanent :qegradation of Visual Character Post S Construction. The SVMC Project would have a significant impact pertaining to, degradation of the existing visual _act" 0' qu"'ity of r slIMe Si", md tb,", ,urroun,""g,. I NI = No Impact DTS = Less-than-Significant Mitigation Measures activity or would remain unused for a period greater than six months. Construction zones subject to this mitigation measure shall be defined by the Planning Director, and shall consider the size of the area, the nature and timing of the construction activity, and the proximity or visibility of the area to public vantage points or residential uses. The Construction Visual Improvements Plan shall be implemented by the project contractor(s) and must be approved by the Planning Director. The intent of the plan is to aesthetically improve portions of the project site that would remain unimproved for an extended period and screen the construction zone from view by passersby along the public streets and sidewalks. Possible improvements in the plan include, but are not limited to, the following: a. The SUMC Project sponsors shall conceal staging areas with fencing material to be approved by the Planning Director prior to commencement of use of the staging area for construction equipment and vehicles. b. The SUMC Project sponsors shan frequently remove construction debris and refuse from the SUMC Sites. c. The SUMC Project sponsors shall install all landscaping as early as feasible to decrease visual impacts of construction. Existing landscaping within the SUMC Sites that would not be removed by the construction shall be maintained. MITIGATION MEASURE. Mitigation Measure VQ-2.1, below, requires and ensures compliance with ARB recommendations for final design. Such compliance would ensure that impacts on on-site visual character and quality would be less than significant because the ARB's recommendations, through the Architectural Review process, would address massing, layout, landscaping, and architectural design impacts from the SUMC Project, as described further below. S = Significant SU= Significant Unavoidable Stanford Univel'sity Medical Center Facilities Renru'al and Replacement Draft EIR -Summary Impact Significance Witb Mitigation S-27 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts VQ-3. Alteration of IpUblic Viewsheds, View Corridors, or Scenic Resources. llfhe SUMC Project would result in significant impacts on iews. , , Impact Significance Without Mitigation S I NI = No Impact I LTS = Less-than-Significant S-28 Mitigation Measures VQ-2.1 Adhere to City's Architectural Review Process and Recommendations. The SUMC Project sponsors shall submit final building and site plans to the ARB prior to issuance of any development permits. Architectural Review shall assess the appropriateness of proposed demolitions, proposed building heights and massing, siting of buildings and structures, architecture and facade treatments, landscaping, circulation plans, and parking. The ARB may require alterations to any of the above project features, or the ARB may suggest new features, such as new landscaping or public art, to improve the proposed SUMC Project design. Any recommendations made by the ARB with respect to the design of the SUMC Project shall be implemented by the SUMC Project sponsors. . MlTIGATION MEASURE. Mitigation Measure VQ-2.1, above, requires and ensures compliance with ARB recommendations for final design and would reduce impacts on views from the proposed buildings under the SUMC Project. The Architectural Review of the SUMC Project would consider, among other factors, whether the SUMC Project has a coherent composition and that its bulk and mass are harmonious with surrounding development. The ARB's recommendations regarding these factors will be forwarded to the City Council for consideration. The City Council would then review the recommendations and make findings, as appropriate, that natural features are appropriately preserved and integrated with the SUMC Project; the design promotes hannonious transitions in scale and character in areas between different designated land uses; and the planning and siting of the various functions and buildings on the site create an internal sense of order and provide a desirable environment for occupants, visitors, and the general community. Implementation of Mitigation Measure VQ-2.1 regarding the Architectural Review process would ensure that impacts on views would be less than significant. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation LTS Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts I VQ-4. Terrain Modifications. The SUMC Project would not require substantial terrkin modifications that would degrade the visual character of the 8UMC Sites. VQ-5. New Sources 10f Light and Glare. The SUMC Project could increase light add glare nuisance from exterior lighting, resulting in a significaqt impact. Impact Significance Without Mitigation NI S VQ-6. Shadowing of Public Open Space. The SUMC LTS Project would not sJbstantially shadow public open space (other than public stre9ts and adjacent sidewalks) between 9:00 a.Ill. and 3:00 p.m. fropI September 21 to March 2l. I VQ-7. Cumulative Impacts on Visual Character. The SUMC L TS Project, in combinatipn with other reasonably foreseeable probable future devel9pment in the area, would have a less- than-significant cumulative impact on visual character in the vicinity of the SUMC Sites. I I NI = No Impact LTS = Less-than-Signijicant I • Mitigation Measures None required. MITIGATION MEASURE. Mitigation Measure VQ-2.1, above, requires compliance with ARB recommendations for final design and would reduce light and glare impacts from the proposed buildings under the SUMC Project. The Architectural Review of the SUMC Project would consider, among other factors, whether the SUMC Project incorporates quality materials, harmonious colors, appropriate ancillary features, a cohesive design with a coherent composition, and an appropriate lighting plan. The ARB's recommendations regarding these factors will be forwarded to the City Council for consideration. The City Council would then review the recommendations and make findings, as appropriate, that the design is compatible with the inunediate environment of the SUMC Sites; is appropriate to the function of the SUMC Project; promotes harmonious transitions in character in areas between different designated land uses; and is compatible with approved improvements both on and off the site. This Architectural Review process would ensure that exterior treatment would not emit substantial glare and that exterior lighting impacts would be less than significant. None required. None required. S = Signijicant SU= Significant Unavoidable StG1;ford Unive/;sity Medical Center Facilities Renewal and Replacement Draft ElR -Summary Impact Significance With Mitigation N/A LTS N/A N/A S-29 Impacts I NI = No Impact " Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures TR-l.2 Maintain Pedestrian Access. The SUMC Project. sponsors shall be prohibited from substantially limiting pedestrian access while constructing the SUMC Project, without prior approval from the City of Palo Alto Department of Public Works. Such approval shall require submittal and approval of specific construction management plans to mitigate the specific impacts to a less-than- significant levels. Pedestrian access-limiting actions would include, but not be limited to, sidewalk closures, bridge closures, crosswalk closures or pedestrian re-routing at intersections, placement of construction-related material within pedestrian pathways or sidewalks, and other actions which may affect the mobility or safety of pedestrians during the construction period. U sidewalks are maintained along the construction site frontage, covered walkways shall be provided. TR-l.3 Maintain Bicycle Access. The SUMC Project sponsors shall be prohibited from limiting bicycle access while constructing the SUMC Project without prior approval from the City of Palo Alto Department of Public Works. Such approval shall require submittal and approval of specific construction management plans that warn cyclists prior to reaching the impacted bicycle lanes and provide altemative routing around the construction sites to mitigate the specific impacts to a less-than-significant level. Bicycle access-limiting actions would include, but not be limited to, bicycle lane closures or narrowing, closing or narrowing of streets that are designated bicycle routes. bridge closures, the placement of construction-related materials within designated bicycle lanes or along bicycle routes. and other actions which may affect the mobility or safety of bicyclists during the construction period. S=Significant SU= Significant Unavoidable Stallford Univelisity Medical Center Facilities Rene'wal and Replacement Draft EIR -Summary Impact Significance With Mitigation S-31 Impacts NI = No Impact S-32 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures TR-I.4 Restrict Construction Hours. The SUMC Project sponsors shall be required to prohibit or limit the number of construction material deliveries from 7:00 a.m. to 9:00 a.m., and from 4pm to 6pm on weekdays. The SUMC Project sponsors shall be required to prohibit or limit the number of construction employees from arriving or departing the site from the hours of 4:30 p.m. to 6:00 p.m. TR-l.5 Restrict Construction Truck Routes. The SUMC Project sponsors shall be required to deliver and remove all construction- related equipment and materials on truck routes designated by the cities of Palo Alto, East Palo Alto and Menlo Park. Heavy construction vehicles shall be prohibited from accessing the site from other routes. Figure 3.4-6 and 3.4-7 of the EIR illustrates the Stanford Area Truck Routes which must be used by all trucks. TR-l.6 Protect Public Roadways During Construction. The SUMC Project sponsors shall be required to repair any structural damage to public roadways, returning any. damaged sections to original structural condition. The SUMC Project sponsors shall survey the condition of the public roadways along truck routes providing access to the proposed project site before construction, and shall again survey after construction is complete. A before-and-after survey report shall be completed and submitted to the City of Palo Alto Public Works Department for review, indicating the location and extent of any damage. TR-I.7 Maintain Public Transit Access and Routes. The SUMC Project sponsors shall be prohibited from limiting access to public transit, and from limiting movement of public transit vehicles, without prior approval from the Santa Clara County Valley S = Significant SU= Significant Unavoidable Impact Significance With Mitigation StOliford University Medical Center Facilities Renewal and Replacement Draft ElR -SummalY Impacts I NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Sign(ficant Mitigation Measures Transportation Authority or other appropriate jurisdiction. Such approval shall require submittal and approval of specific impacts to a less-than-significant level. Potential actions which would impact access to transit include, but are not limited to, relocating or removing bus stops, limiting access to bus stops or transfer facilities, or otherwise restricting or constraining public transit operations. TR-l.8 Prepare and Implement Construction Impact Mitigation Plan. In lieu of the above mitigation measures, the SUMC Project sponsors shall submit a detailed construction impact mitigation plan to the City of Palo Alto for approval by the Director of Public Works prior to commencing any construction activities with potential transportation impacts. This plan shall address in detrul the activities to be carried out in each construction phase, the potential transportation impacts of each activity, . and an acceptable method of reducing or eliminating significant transportation impacts. Details such as the routing and scheduling of materials deliveties, construction employee arrival and departure schedules, employee parking locations, and emergency vehicle access shall be described and approved. TR-l.9 Conduct Additional Measures During Special Events. The SUMC Project sponsors shall implement a mechanism to prevent roadway construction activities from reducing roadway capacity during major athletic events or other special events which attract a substantial number of visitors to the campus. This measure may require a special supplemental permit to be approved by either Santa Clara County or the City of Palo Alto prior to hosting such events during significant construction phases. S = Significant SU= Significant Unavoidable Stanford Unive/isity Medical Center Facilities Renewal and Replacement Draft EIR -Summary hnpact Significance With Mitigation S-33 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts TR-2. Intersection rfvel of Service. Implementation of tbe SUMC Project woulld result in significant impacts to " intersections during Pehlc Hour conditions. Impact Significance Without Mitigation S I NI = No Impact I LTS = Less-than-Significant I S-34 Mitigation Measures MITIGATION MEASURES. Given the magnitude of the SUMC Project's infersection impacts, there is no single feasible mitigation measure that can reduce the impacts to a less-than-significant level. However, there are a range of measures that, when taken individually, would each contribute to a partial reduction in tbe SUMC Project's impacts. When combined, these measures could result in a substantial reduction in the SUMC Project's impacts. Under all combinations of feasible mitigation measures below, impacts of the SUMC Project on intersection LOS would remain significant and unavoidable. Of all of the feasible combinations, the one that would have the largest reduction in impact, and that mitigates the greatest number of the intersection impacts, is the combination of traffic adaptive signal technology, additional bicycle and pedestrian undercrossings, enhanced Travel Demand Management (TDM) program, and feasible intersection improvements. This combination of mitigation measures would reduce the SUMC Project impacts to a less-than-significant level at all of the impacted intersections during the AM Peak: Hour. However, intersection impacts would remain significant and unavoidable in the PM Peak Hour at tbree intersections with mitigation. TR-2.1 Install Traffic Adaptive Signal Technology. The SUMC Project sponsors shall contribute to the Palo Alto Citywide Traffic Impact Fee program, for the installation of traffic adaptive signals. However, this fee is not structured to mitigate one hundred percent of project related impacts, and an additional fee could be imposed by the City on the SUMC Project sponsors to mitigate the remaining share of the SUMC Project impacts. In Menlo Park, the SUMC Project sponsors shall contribute their fair share amount, which shall be tied to the amount of traffic added to analyzed intersections by tbe SUMC Project. TIle SUMC Project sponsors' contributions shall apply towards the S = Significant SU= Significant Unavoidable bnpact Significance With Mitigation SU Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Impacts I NI = No Impact I Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures installation of traffic adaptive signals as listed below. • Sand Hill Road (Oak Creek to Shopping Center) -4 signals • Arboretum Road (Shopping Center to Palm Drive) -3 signals • Embarcadero Road (Bryant to Saint Francis) -7 signals • University Avenue (Palm to Lincoln) -13 signals • Lytton Avenue (Alma to Middlefield) -10 signals • Hamilton A venue (Alma to Middlefield) -10 signals • Middlefield Road (San Antonio to Homer) -9 signals • Charleston Road (Alma to Middlefield) -2 signals • EI Camino Real (northern city limits of Menlo Park to southern city limits of Palo Alto) -signals would require approval of Caltrans TR-2.2 Fund Additional Bicycle and Pedestrian Undercrossings. The SUMC Project sponsors shall contribute their fair share to the cost of construction of the Everett Avenue undercrossing of the Caltrain tracks in Palo Alto and the Middle A venue undercrossing in Menlo Park. In Palo Alto, there is a Citywide Traffic Impact Fee program that the SUMC Project sponsors shall contribute to. However, this fee is not structured to mitigate one hundred percent of the SUMC Project related impacts, and an additional fee may be imposed by the City to mitigate the remaining share of the SUMC Project impacts. In Menlo Park, the fair share contribution shall be tied to the amount of traffic added to analyzed intersections by the SUMC S=Significant SU= Significant Unavoidable Stanford Unive/isity Medical Center Facilities ReneYVal and Replacement Draft EIR -Summary Impact Significance With Mitigation S-35 Impacts I NI = No Impact , S-36 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures Project. The construction of the Everett Avenue and Middle Avenue undercrossings would reduce traffic volumes on nearby streets, such as Ravenswood Avenue and University Avenue. TR-2.3 Enhance Stanford University Travel Demand Management (IDM) Program. The SUMC Project sponsors shall enhance the currently-implemented TDM program in order to achieve 35.1 percent usage of alternative transportation modes (i.e, carpool, vanpool, bus, Caltrain, bicycle, and walk) by SUMC employees. The initial enhancements to the SUMC TDM program shall include the following: • Provide Caltrain GO Passes, or an equivalent TDM measure, to all eligible hospital employees and set target Caltrain mode share for hospital employees equal to 15.8 percent. • If Caltrain GO Passes would be provided to SUMC employees, make arrangements with AC Transit to lease 75 spaces at the Ardenwood Park & Ride Lot, to serve SUMC employees who commute from the East Bay. • Expand bus service in support of the issuance of GO Passes. • Expand the Marguerite shuttle bus service, and integrate it ""ith the other City of Palo Alto shuttle bus service. • Maintain load factors less than 1.00 on the U Line, and less than 1.25 on the Marguerite shuttle. • Expand and improve the bicycle and pedestrian networks. • Provide a full-time on-site TDM coordinator by 2015 for the hospital components. The coordinator would be responsible for organizing and disseminating TDM information primarily S=Significant SU= Significant Ullavoidable hnpact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummGlY Impacts I NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signijicant Mitigation Measures to hospital employees and also to hospital patients. A central location would be made available to provide information on alternative travel modes. Also, the SUMC or hospitals' website would contain information on TDM programs. • Provide a guaranteed ride home program for all employees who use transit and other transport alternatives like carpool and vanpool. The guarantee ride home shall allow employees with dependent children the ability to use alternative modes to travel to and from work but still be able to travel home mid-day in case of an emergency. • Provide employees with shower facilities within the SUMC Sites to encourage bicycling to work. The SUMC Project sponsors shall also provide bicycle storage facilities on the SUMC Sites that would be conveniently located near the employee showers. • Establish, in conjunction with the GO Pass implementation, a "Zip Car" (or other similar car-sharing program) with Zip Cars available at the medical complex. • Perform annual TDM monitoring and submit the report to the City of Palo Alto to ensure that the assumed modal split to alternative forms of travel and away from autos is actually achieved. These enhancements may not immediately change the mode split for SUMC employees, because many employees would be unable to change long standing commute patterns overnight. However, with the passage of a mutually agreed amount of time, it is expected that the enhanced TDM program would gradually result in a shift in the mode split of SUMC employees. If this proves S=Signijicant SU= Significant Unavoidable Stal!tord University Medical Center Facilities Renewal and Replacement Draft EIR -Summary I Impact Significance With Mitigation S-37 Impacts I , NI = No Impact S-38 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation Mitigation Measures LTS = Less-than-Significam not to be the case, then a second round of improvements to the TDM program shall be implemented. Examples of additional measures could be to increase the parking permit charges while increasing the incentives to those who carpool or do not drive. If, by the year 2025, at least 35.1 percent of SUMC employees are not using alternative transportation modes, then a second round of improvements to the TDM shall be implemented. Examples of additional measures could be to increase the parking permit charges while increasing the incentives to those who carpool or do not drive. Thereafter, SUMC Project sponsors shall monitor/survey employee use of alternative modes of transportation on an at least bi-annual basis, and shall continue to improve its TDM program, until it is confirmed to the satisfaction of the City that the target of 35.1 percent usage has been met. TR-2.4 Fund or Implement those Intersection Improvements that Have Been Detennined to be Feasible. The SUMC Project sponsors shall implement the following measures: • For the intersection of El Camino Real/Page Mill Road - Oregon Expressway, the SUMC Project sponsors shall pay a fair share towards (1) provision of exclusive right-tum lane for westbound Oregon Expressway, in addition to the two through lanes, (2) increasing the cycle length to 160 seconds. Improvements to the westbound right tum lane would require right-of-way from the Santa Clara Valley Transportation Authority (VTA) park-and-ride lot. • At the intersection of Arboretum Road/Galvez Street, the SUMC Project sponsors shall install a traffic signal. S=Significam SU= Significant Unavoidable Impact Significance With Mitigation Stal'iford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures TR-2.5 Coordinate 'with Other Jurisdictions for Potentially Feasible Roadway Improvements. The City of Palo Alto shall work with other jurisdictions to try to achieve feasibility for the following roadway improvements or adjustments. In the event that one or more of the below improvements would then be determined to be feasible, the SUMC Project sponsors shall pay their fair share towards implementation of the improvements, if a fair share contribution would apply. • • • • Alpine Road/I-280 Northbound Off-Ramp -Signalize this intersection. The City shall coordinate with Caltrans regarding feasibility of these improvements. EI Camino Real/Ravenswood Avenue -Re-stripe the exclusive right-turn lane on southbound El Camino Real to a shared through/right lane. Also, provide an additional through lane for northbound EI Camino Real by removing the right-turn slip island. Also, provide an exclusive right- turn lane for eastbound Menlo Avenue. The City shall coordinate with the City of Menlo Park and Caltrans regarding feasibility of these improvements. Bayfront Expressway/Willow Road -Provide one more right-turn lane for eastbound Willow Road and make the right-turn movement for southbound Bayfront Expressway "overlap" with the left-turn of eastbound Willow Road. The intersection has signals for the right-turn movement for southbound' Bayfront Expressway, but the "overlap" phase is not implemented. The City shall coordinate with the City of Menlo Park regarding feasibility of these improvements. Middlefield Road/Ravenswood Avenue -Provide an additional exclusive left-turn lane for northbound Middlefield S=Significant SU= Sign!ficant Unavoidable Stanford Univei'sity Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation S-39 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts I TR-3. Imp,",ts on Jadway Segments. The SUMC Pmje<:t would result in advers~ traffic impacts to roadway segments in the City of Menlo Par~. TR-4. Local Circulation Impacts. The SUMC Project could result in significant ~raffic impact to the local circulation network in the immediate vicinity of the SUMC Sites. Impact Significance Without Mitigation S S i NI = No Impact LTS = Less-than-Significant S-40 Mitigation Measures Road. The City shall coordinate with the City of Menlo Park regarding feasibility of this improvement. • Junipero Serra Boulevard/Campus Drive West -Request that Santa Clara County change the signal cycle length at this intersection to 90 seconds. The City shall coordinate with the County of Santa Clara regarding feasibility of this adjustment. MITIGATION MEASURES. With the provision of additional bicycle and pedestrian undercrossings (Mitigation Measure TR-2.2), the enhanced TDM program (Mitigation Measure TR-2.3), and contribution to the City of Menlo Park shuttle fee (Mitigation Measure TR-7.2), there would still be significant impacts on four Menlo Park roadways, including Marsh Road, Willow Road, Sand Hill Road, and Alpine Road. Therefore, the traffic impacts to Marsh Road, Sand Hill Road, Willow Road, and Alpine Road would remain significant and unavoidable with mitigation. MlTIGATION MEASURES. Mitigation Measure TR-4.1, involving funding and implementation of a traffic impact study, and Mitigation Measure TR-4.2, involving re-striping of Durand Way, would reduce the SUMC Project's impact to a less-than-significant level. TR-4.1 Fund Traffic Impact Study. Upon construction of the SHC and LPCH Hospital components. the SUMC Project sponsors shall fund an independent traffic evaluation, commissioned by the City, based on actual travel patterns, volumes, and emergency access, with an emphasis on ease of circulation around and through the medical complex to determine if the private street connection between Roth Way and Pasteur Drive should be operated as a public street. If the independent traffic study demonstrates that the connection between Roth Way and Pasteur Drive as a public street would improve circulation, then the S=Significant SU= Significant Unavoidable hnpact Significance With Mitigation SU LTS Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures I I Impacts TIt-5. P",eway Imp~". The SUMC Pmject would =uIt in less-than-significant impacts on freeways. TR-6. Bicycle and pkdestrian Impacts. The SUMC Project could impede the deve~opment or function of planned bicycle or pedestrian facilities. : and result in a significant impact. Impact Significance Without Mitigation LTS S NI = No Impact LTS = Less-than-Sign~ficant Mitigation Measures connection sball be designated as a public street for all vehicular, bicycle, pedestrian, and transit traffic. TR-4.2 Fund Signing and Striping Plan and Signal Optimization. In addition to paying for the construction of the extension of Durand Way from Sand Hill Road to Welch Road, the SUMC Project sponsors shalJ also pay for the following improvements to ensure that queues from the Durand Way/Sand Hill Road intersection do not spillback onto the Durand Way/Welch Road intersection. • A signing and striping plan for the Durand Way extension, which would maximize the storage capacity by creating a four-lane roadway with a left and througb/right at Sand Hill Road and a right and through/left at Welch Road; • The installation and optimization of the two signals at the intersections of Durand Way/Sand Hill Road and Durand Way /W elch Road. None required. MITIGATION MEASURES. Mitigation Measure TR-2.3 involving trip- reducing measures, plus Mitigation Measure TR-6.1, which involves several bicycle and pedestrian improvements, would reduce the SUMC Project's impact to a less-than-significant level. The improved facilities would mitigate the hazards to pedestrians and bicyclists brought about by the increased vehicular traffic and congestion .. TR-6.1 Bicycle and Pedestrian Infrastructure Improvements. The SUMC Project sponsors shall fund the expansion and improvement of the bicycle and pedestrian network in the immediate vicinity of the SUMC Project. The intent of these improvements is to: S = Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renel','al and Replacement Draft ElR -SumlllalY Impact Significance With Mitigation N/A LTS S-41 S-42 Impacts I NI = No Impact I Table S-4 SUMC Project. Summary of Impacts and Mitigation· Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures • reduce auto related traffic by providing the infrastructure for alternative travel modes; • improve the bicycle and pedestrian linkages between the SUMC Project and Downtown Palo Alto, and between the SUMC Project and the surrounding residential neighborhoods; and • mitigate the safety hazards to pedestdans and cyclists that will result from the SUMC Project related increase in vehicular traffic and congestion. The specific improvements to be funded by the SUMC Project sponsors shall include the following: • Provide an enhanced pedestrian crossing at Quarry Road/E1 Camino Real to establish a strong connection between the SUMC Project and Downtown Palo Alto. The pedestrian crossing shall be 12 feet wide, have contrasting pavement, countdown signal heads, and high visibility markings. Even though the intersection of Quarry Road and El Camino Real is projected to operate at acceptable levels of service, added vehicular traffic through the intersection and added bicycle and pedestrian volumes across the intersection would potentially create safety hazards which would be mitigated by the proposed enhanced crossings. • Create a bicycle and pedestrian connection between the Stanford Shopping Center and SUMC. The connection shall provide an alternative route to Quarry Road, which is auto dominated. This connection shall extend between Vineyard Lane and Welch Road. Pedestrian traffic signals and crosswalks shall be placed at the crossing of Vineyard Lane S=Significant SU= Significant Unavoidable hnpact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Impacts I I NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures and Welch Road. The crosswalk shall be enhanced either by striping or by the use of contrasting paving. • Provide a connection from the planned Everett A venue bicycle and pedestrian undercrossing to the El Camino Real/Quarry Road intersection. Once the tunnel is completed, this linkage shall provide a direct connection between the SUMC Project and Downtown North. • Provide a bicycle and pedestrian trail through the Arboretum Drive as part of future campus planning in the SUMC area. This trail shall improve access to the SUMC Project. To support this off-street path, bicycle and pedestrian crossings at Arboretum Road and Palo Road shall be enhanced to provide safe crossing of these streets. The crosswalks shall be properly signed, marked, and lighted with enhanced pavement markings and imbedded crosswalk lights. Signalization of this crossing may ultimately be required. • Incorporate into the Quarry Road corridor, from El Camino Real to Welch Road, continuous sidewalks according to the SUMC Project's Design Guidelines. The extension of Quarry Road west of Welch Road shall continue the pedestrian facilities into the SUMC Project. • Enhance all signalized intersections in the Project Vicinty, particularly along Quarry Road, Vineyard, and Welch Roads to include 12-foot pedestrian crosswalks on all legs, with textured or colored paving or diagonal or longitudinal zebra striping as determined by the City, pedesnian push buttons and countdown pedestrian signal heads, and other specific improvements that are determined as necessary during the design process, such as median refuge islands, advanced signing, flashing beacons, in- pavement lighting, etc. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and. Replacement Draft ElR -SummalY Impact Significance With Mitigation S-43 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts TR-7. Transit Impaers. Implementation of the SUMC Project could impede the operation of the transit system as a result of increased ridetship, and result in a significant impact. Impact SignIficance Without Mitigation S NI = No lntpact LTS = Less-than-Significant S-44 Mitigation Measures • Install the appropriate number of Class I and Class III bicycle parking spaces as required by the City's Zoning Ordinance for the total amount of existing and future development. The SUMC Project sponsors shall install the required number of bicycle parking spaces equally distributed throughout the SUMC Sites. MITIGATION MEASURES. Mitigation Measure TR-7.1 involves the addition of transit centers to the SUMC Project's site plans, and Mitigation Measure TR-7.2 involves fmancial contributions towards the expansion of transit service. Implementation of these measures would reduce the SUMC Project's transit impacts to a less-than-significant level. TR-7.1 IncOIporate Transit Centers Into Site Plans. The SUMC Project sponsors shall revise their SUMC Project site plan to incorporate two transit centers to reduce. the impact to transit service caused by the SUMC Project. These transit centers shall be located at Hoover Pavilion and at SHC, and shall be off-street facilities. The transit centers shall accommodate three to four buses simultaneously, and shall have shelters, seating, lighting, signs. maps, bus schedules, and bicycle parking. On-street bus stops along Welch Road and Quarry Road shall also be provided, but the transit centers shall accommodate the majority of transit riders and shall . be located to maximize the convenience of employees, patients, and visitors. One transit center shall be located in the vicinity of Welch Road and Pasteur Drive to serve SHC. The other transit center shall be located near the entrance to Hoover Pavilion. Both of these transit centers shall provide the focal point for transit use for the SUMC. TR-7.2 Provide Expanded Transit Sen'ice. The SUMC Project sponsors shall make a fair share financial contribution to the cost of expanding existing bus service of the Marguerite, Crosstown, S=Significaru SU= Significant Unavoidable Impact Significance With Mitigation LTS Stanford Uhiversity Medical Center Facilities Renewal and Replacement Draft ElR -Summary Impacts I NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signi.ficant Mitigation Measures and Menlo Park Shuttle bus services, and to the VT A Community Bus Service. • Marguerite Shuttle. The SUMC Project sponsors shall make a financial contribution to expand the Marguerite shuttle service into Palo Alto. • U Line. The SUMC Project sponsors shall make a financial contribution towards the operation of the U Line. Arrangements with AC Transit shall be made to increase U Line service (such as decreasing headways) to meet the increase in demand attributable to the SUMC Project, and ensure that load factors remain below 1.0, • Crosstown Shuttle. The SUMC Project sponsors shall participate in operating the Palo Alto Crosstown Shuttle service, by contributing to the Citywide Traffic Impact Fee, which would include covering the costs of this service. Then current fee is $2,861 per net new PM Peak Hour trips. A portion of Stanford's Citywide Traffic Impact Fee shall be used by the City to expand City shuttle services. • VTA Community Bus Service. The SUMC Project sponsors shall contribute to fund the project's fair share of Palo Alto's share of expanded VTA Community Bus Service. • Menlo Park Shuttle Bus. The SUMC Project sponsors shall pay into the City of Menlo Park shuttle fee at $0.105 per square foot of new development annually or a percentage agreed between Menlo Park and SUMC Project sponsors. In Menlo Park, the contribution shall be tied to the amount of project traffic added to analyzed roadway segments and intersections. S=Significant SU= Sign(ficant Unavoidable Stanford Univelisity Medical Center Facilities ReneJ1,'al and Replacement Draft EIR -Summary Impact Significance With Mitigation S-45 Impacts I NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation . LTS = Less-than-Significant Mitigation Measures construction equipment emission reduction measures (Mitigation Measure AQ-1.2 below) would further reduce NOx, ROG, PMlO and PM2.5 emissions during construction. However. reduction of NOx emissions below 80 lbs/day during the first year of construction could not be guaranteed, and this impact would still be considered significant and unavoidable. AQ-l.l Implement Recommended Dust Control Measures. To reduce dust eniissions during project demolition and construction phases, the SUMC Project sponsors shall require the construction contractors to comply with the dust control strategies developed by tbe BAAQMD. The SUMC Project sponsors sball include in construction contracts the following requirements: a. Cover all trucks bauling soil, sand, and other loose materials including demolition debris, or require all trucks to maintain at least two feet of freeboard; b. Water all active construction areas (exposed or disturbed soil surfaces) at least twice daily; c. Use watering to control dust generation during demolition of structures or break-up of pavement; d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas and staging areas; e. Sweep streets daily (with water sweepers) all paved access roads, parking areas and staging areas during the earthwork pbases of construction; f. Sweep daily (with water sweepers) if visible soil material is carried onto adjacent public streets; g. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); S=Signijicant SU= Signijicant Unavoidable Sraf~ford UniveT;sity Medical Center Facilities Renevlial and Replacement Draft EIR -Summary Impact Significance With Mitigation S-47 Impacts I , NI = No Impact S-48 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures h. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); i. Limit traffic speeds on unpaved roads to 15 mph; ] . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and k. Replant vegetation in disturbed areas as quickly as possible. AQ-l.2 Implement Equipment E7.:haust Emission Reduction Measures. To reduce emissions from construction equipment during project demolition and construction phases. the SUMC Project sponsors shall require the construction contractors t6 comply with the following emission reduction strategies to the maximum feasible extent. The SUMC Project sponsors shall include in construction contracts the following requirements: a. Where possible, electrical equipment shall be used instead of fossil-fuel powered equipment. b. The contractor shall install temporary electrical service whenever possibJe to avoid need for fossil-fuel powered equipment. c. Running equipment not being actively used for construction purposes for more than five minutes shall be turned off. (e.g., trucks waiting to deliver or receive soil, aggregate, or other bulk materials; however, rotating-drum concrete trucks may keep their engines running continuously as long as they are on site). d. Trucks shall be prohibited from idling while on residential streets serving the construction site (also included in Mitigation Measure NO-I.I). S=Significant SU= Sign(ficant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal OlId Replacement Draft EIR -SummaJY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts AQ-2. Operational ICriteria Air Pollutant Emissions. Combined mobile and stationary source emissions during operation of the SUMF Project would exceed the Bay Area Air Quality Manageme:p.t District'S significance threshold of 80 pounds/day of ROG, I'fOx and PMlO. Therefore, air emissions would result in a s~bstantial contribution to an existing regional air quality problem and a significant impact. I AQ-3. Localized Cd-bon Monoxide Impacts from Motor Vehicle Traffic. The iSUMC Project would have less-than- significant localized air emissions re&ulting from additional traffic. AQ-4. Toxic Air Contaminants. Simultaneous exposures to DPM and T ACs from the construction and operational components of the SUMC Project would have a less-than- significant impact on aj~· quality. I I I Impact Significance Without Mitigation S LTS LTS I NI = No Impact LTS = Less-than-Significant Mitigation Measures e. Diesel-powered construction equipment shall be Tier III or Tier IV California Air Resources Board (CARB) certified equipment to the maximum feasible extent. f. The engine size of construction equipment shall be the smallest practical to accomplish the task at hand. MITIGATION MEASURES. Mitigation Measure TR-2.3 involves implementation of enhanced TDM measures. The enhanced TDM measures include provision of the Caltrain GO Pass to SUMC employees, or an equivalent TDM measure. If the GO Pass would be provided, then remote parking spaces at the Ardenwood Park and Ride Lot in the East Bay would also be provided to serve commuters from the East Bay. Provision of the GO Pass plus remote parking spaces.in the East Bay would reduce Vehicle Miles Travelled by 13.5 percent. This reduction in SUMC Project VMT, however, would not be sufficient to prevent project ROG, NOx and PMIO emissions from exceeding the BAAQMD significance thresholds. In addition, the City shall consider the feasibility of Mitigation Measure PH- 3.1. Nonetheless, impacts would be significant and unavoidable even with mitigation. None required.· None required. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation SU N/A N/A S-49 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts AQ-5. Objectionable IOdors. The SUMC Project would have a less-than-significant impact related to exposing the public to objectionable odors th~t would affect a substantial number of people. I I AQ-6. Cumulative qonstruction Emissions. Construction equipment NOx emissions associated with the SUMC Project oould oontrlbuto o"",i!'abIY to regional aU quality proble"", AQ-7. Cumulative qperational Emissions. SUMC Project operation could contr~ute considerably to a degradation of regional air quality as 4efined by the BAAQMD. i ! AQ-8. Cumulative Construction and Operational TAC Emissions. SUMC Project T AC emissions could contribute considerably to the h~alth risk of sensitive receptors on and near the SUMC Proj~ct site and, thus, have a significant cumulative impact. Impact Significance Without Mitigation LTS S S s I NI = No Impact LTS = Less-than-Significant S-50 Mitigation Measures None required. M1TIGATION MEASURES. Mitigation Measures AQ-1.1 and AQ-1.2 would reduce. the SUMC Project's contribution to cumulative construction emissions, although the contribution to NOx would remain cumulatively considerable. M1TIGATION MEASURES. Mitigation Measure TR-2.3 involves implementation of enhanced TDM measures. The enhanced TDM measures include provision of the Cal train GO Pass to SUMC employees, or an equivalent TDM measure. If the GO Pass would be provided, then remote parking spaces at the Ardenwood Park and Ride Lot in the East Bay would also be provided to serve commuters from the East Bay. As additional mitigation, the City shall consider the feasibility of Mitigation Measure PH-3.l, as identified and discussed in more detail in Section 3.13, Population and Housing. These measures would reduce the contribution to criteria pollutants during operation of the SUMC Project. However. even with mitigation, emissions would still exceed the BAAQMD significance thresholds, and the contribution would remain considerable. M1TIGATION MEASURE. Mitigation Measure AQ-l.2 (Implement Equipment Exhaust Emission Reduction Measures) has been identified primarily to reduce construction-phase criteria pollutant emissions, but it would also reduce Diesel Particulate Matter (DPM) emissions. However, the emissions of criteria and DPM emissions from project construction sources were based on current best estimates of the type, number, and duration of use of the SUMC Project construction equipment. While some additional reductions of Toxic Air Contaminants (TACs) would be expected with Mitigation Measure AQ-1.2, where their implementation is feasible, their S=Significant SU= Significant Unavoidable Impact Significance With Mitigation N/A SU su SU Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -Summary Impacts NI = No Impact S-52 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signijicant Mitigation Measures CC-l.2 Participate in Palo Alto Green Energy PrograrrJ, Other Equivalent Renewable Energy Program, or combination thereof Under the Palo Alto Green program, residential, business and industrial customers purchase renewable energy equivalent to their electricity needs at an additional cost of 1.5 cents per kWh above standard electric rates. The SHC and LPCH facilities shall participate in this program to offset electricity emissions; develop new renewable generation sources in collaboration with the CPAU; incorporate a renewable energy source (such as photovoltaics) into the SUMC Project, or a combination thereof, such that a minimum of 54,640 MWh of electricity usage is offset annually. CC-I.3 Provide Annual Greenhouse Gas Reporting. The SHC and LPCH shall perform an annual inventory of greenhouse gas emissions associated with hospital and medical facilities on the SUMC Sites. This inventory shall be performed according to a common industry-standard emissions reporting protocol, such as the approaches recommended by California Air Resources Board, The Climate Action Registry, or Business Council for Sustainable Development (BCSD). This inventory shall be shared with the City of Palo Alto to facilitate the development of future collaborative Emissions Reduction Programs. Emissions associated with energy, water, solid waste, transportation, employee commute and other major sources shall be reported in this inventory. CC-I.4 Prepare Waste Reduction Audit. The SUMC Project sponsors shall perform a waste reduction audit of waste management practices at the hospitals prior to construction of new facilities and after completion of the SUMC Project to determine post- project diversions. This audit shall be repeated annually, and S=Signijicant SU= Significant Unavoidable Impact Significance With Mitigation Stal1ford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CC-2 Emit Significant Greenhouse Gas Emissions. The proposed Emissions R~duction Program would minimize the greenhouse gas emiSsion increases associated with the I proposed development program, although the proposed Emissions Reduction Program would not reduce emissions to 30 percent below business as usual (BAU) emissions. Therefore the SUMC project would have a cumulative considerable contribution to global climate change. Impact Significance Without Mitigation S NI = No Impact LTS = loess-than-Significant Mitigatioll Measures with the results being made available to the public or to City of Palo Alto staff. CC-l.5 Implement Construction Period Emission Reduction Measures. Prior to the issuance of a grading permit the SUMC Project sponsors shall incorporate the following measures into the construction phasing plan and submit to City Planning for approval. • Use alternative-fueled (e.g., biodiesel, electric) construction vehicles/ equipment of at least 15 percent of the fleet; • Use local building materials of at least 10 percent; and • Recycle at least 50 percent of construction or demolition materials. MITIGATION MEASURE. Mitigation Measures CC-l.l through CC-1.5, and TR-l.3 would reduce greenhouse gas emissions. In addition, to further reduce impacts related to greenhouse gas emissions, the City shall consider the feasibility of Mitigation Measure PH-3.1. However, even with the implementation of all feasible mitigation measures, the anticipated emissions would remain above both the City of Palo Alto's Climate Protection Plan and the CARB' s reduction emission goals of 30 percent below BA U emissions. Because these reduction levels cannot be achieved, the SUMC Project would emit significant amounts of greenhouse gases and would have a cumulatively considerable contribution to global climate cbange. S=Signijicant SU= Significant UnlIvoidable Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -Summary Impact Significance With Mitigatioll SU S-53 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts NO-2. Construction fibration. Construction of the SUMC Project would have lesrhan-Significant vibration impacts. NO-3. Operational Noise Impacts from Transportation Sources. Increased tr~ffic and helicopter noise levels due to implementation of thJ SUMC Project would be less than significant. However! noise from ambulances due to implementation of the I SUMC Project would increase along Sand Hill Road west qf El Camino Real, and would increase roadside noise levels py an amount considered unacceptable under the policies of the City Comprehensive Plan. I NO-4. Operational IStationary Source Noise Impacts. Operational stationary I source noise generated by the SUMC Project could potential~y increase anlbient noise levels in the vicinity of the SUMC Sites and result in a significant impact. Impact Significance Without Mitigation LTS S S i NI = No Impact LTS = Less-than-Signfficant Mitigation Measures None required. MITIGATION MEASURE. No mitigation measure (short of forbidding ambulance access to the new emergency room via the Durand Way access route; a measure that may be practically impossible given the emergency nature of ambulance activity) would prevent or reduce the identified SUMC Project-related ambulance noise impact at the noise-sensitive uses along Sand Hill Road. As such, the impact would be significant unavoidable impact. MITIGATION MEASURE. The following mitigation measure would reduce noise impacts to sensitive receptors from HV AC equipment and emergency generators proposed for SUMC Project. Implementation of this measure would reduce the SUMe Project's noise impacts at 1100 Welch Road. NO-4.1 Shield or Enclose HVAC Equipment and Emergency Generators. Noise levels from mechanical equipment shall be minimized to the degree required by the City Noise Ordinance by proper siting and selection of such equipment and through installation of sufficient acoustical shielding or noise emission controls. Noise levels for the emergency generators near Welch Road shall be reduced such that noise levels do not. exceed the City's General Daytime Exception standard of 70 dBA at 25 feet. An acoustical analysis shall be prepared by a qualified professional to ensure that the new mechanical equipment is in compliance with noise standards of the Noise Ordinance. S=Signijicant SU= Signijicant Unavoidable Sta/~ford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation N/A SU LTS S-55 Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signijicant Mitigation Measures Mitigation Measure CR-1.5 requires implementation of the Stanford Hoover Pavilion Protection Documents (Documents) prepared by ARG and dated September 21, 2009 (see Appendix J). These Documents provide specifications for the treatment and protection of the Hoover Pavilion during SUMC Project construction activities that could damage the historic fabric of the building including the installation of protective covering of certain exterior surfaces and the removal, cataloging, and storage of selective historic elements. The Documents are based on National Park Service and National Fire Protection Agency protection guidelines and include details on materials and methods of installation for the protective coverings to prevent damage from nearby demolition. Proper installation, as required in the Documents would prevent the protective covering itself from damage the building. The removal of historic elements would ensure their, protection of some of the more fragile elements from construction activities and property cataloging and storage of such elements would ensure their proper care and reinstallation. The Documents include such details as specifying under what weatber conditions it is acceptable to perform the various tasks that could be negatively impacted by different weather conditions. Any variations on the specifications of the Documents would not be allowed witbout prior consultation with ARG, or a qualified preservation architect, Refer to Appendix J, Stanford Hoover Pavilion Protection Documents, for a complete list of specifications for the Hoover Pavilion. CR-l.l Manually Demolish Structures at the Hoover Pavilion Site. Where feasible, the project sponsors shall establish a perimeter of construction fencing around the Hoover Pavilion at a minimum of 25 feet to establish a protective buffer around the building. The demolition of these sheds and storage faciljties shall be accomplisbed manually without the use of vibration causing equipment. Additional protective fencing at a height sufficient to prevent any debris from hitting the building shall S=Signijicant SU= Signijicant Unavoidable Stal~ford University Medical Center Facilities Renev>'al and Replacement Draft EJR -Summary hnpact Significance With Mitigation S-57 Impacts NI = No Impact 8-58 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures also be installed between the Hoover Pavilion and demolition activities occurring within the 25 foot buffer. CR-I.2 Prepare HABS Documentation for the Stone Building Complex. The SUMC Project sponsors shall prepare HABS-like documentation using the National Park Services' Histodc American Building Surveys Level III guidelines for each of the buildings in the Stone Building complex prior to demolition of each building that comprises this historic resource (East, West, Core, Boswell, Edwards, Lane, Alway, and Grant). HABS-like recordation shall not be required until each of the individual buildings is vacated and prepared for demolition. The documentation shall include written and photographic documentation of each of the historic structures within the Stone Building complex. The documentation shall be prepared by a qualified professional meeting the Secretary of the Interior's Professional Qualifications Standards for Architectural History or History. The documentation shall be prepared based on the National Park Services' HABS standards and include, at a minimum, the following: • Site-specific history and appropriate contextual information regarding the Stone Building complex. This history shall focus on the reasons for the buildings' significance: heart transplantation program and the role of B.D. Stone in the design of the complex. • Accurate mapping of all buildings that are included in the Stone Building complex, scaled to indicate size and proportion of the buildings to surrounding buildings; if existing plans accurately reflect these relationships these may S=Significant SU= Significant Unavoidable Impact Significance With Mitigation StaJiford University Medical Center Facilities Renewal and Replacement Draft EIR -Summmy Impacts i NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signijicaru Mitigation Measures be reformatted for submittal per HABS guidelines for CAD submittals. • Architectural descriptions of the major exterior features and public rooms within the Stone Building complex as well as descriptions of typical patient, office, laboratory, and operating rooms. • Photographic documentation of the interior and exterior of the Stone Building complex and Thomas Church-designed landscape features. Either HABS standard large format or digital photography may be used. If digital photography is used, the ink and paper combinations for printing photographs must be in compliance with National Register- National Historic Landmark photo expansion policy and have a permanency rating of approximately 115 years. Digital photographs will be taken as uncompressed . TIF file format. The size of each image shall be 1600x1200 pixels at 300 ppi (pixels per inch) or larger, color format, and printed in black and white. The file name for each electronic image shall correspond with the Index to Photographs and photograph label. CR-l.3 Distribute Written and Photographic Documentation to Agencies. The written and photographic documentation of historic resources shall be disseminated on archival-quality paper to Stanford University, the Northwest Information Center, and other local repositories identified by the City of Palo Alto. CR-l.4 Prepare Permanent Interpretive DisplayslSignagelPlaques. The SUMC Project sponsors shall install interpretive displays within the SUMC Sites that provide information to visitors and residents regarding the history of the Stone Building complex. These S=Signijicant SU= Signijicaru Unavoidable Sta/~tord University Medical Center Facilities Relll!VI:al and Replacement Draft ElR -SummalY Impact Significance With Mitigation S-59 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-2. Impacts on Prehistoric or Archaeological Resources. The SUMC Project could potentially encounter archaeological resources and result in a significant impact. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Signijicant S-60 Mitigation Measures displays shall be installed in highly visible public areas such as the property's open space or in public areas on the interiors of buildings. The displays shall include historical data and photographs as well as physical renmants of architectural elements. Interpretive displays and the signage/plaques installed on the property shall be sufficiently durable to withstand typical Palo Alto weather conditions for at least five years. Displays and signage/plaques shall be lighted, installed at pedestrian- friendly locations, and be of adequate size to attract the interested pedestrian. Maintenance of displays and signage/plaques shall be included in the maintenance program on the property. Location and materials for the interpretative displays shall be subject to review by the Palo Alto Architectural Review Board and approval by the Planning Director. CR-I.5 Implement Protection Documents for the Hoover Pavilion. The SUMC Project sponsors shall ensure the implementation of the Stanford Hoover Pavilion Protection Documents (Documents) prepared by ARG and dated September 21, 2009. The SUMC Project sponsors shall comply with the specifications for the treatment and protection of the Hoover Pavilion during SUMC Project construction activities that could damage the histotic fabric of the building as provided in the Documents. MITIGATION MEASURE. Mitigation Measure CR-2.1 provides discovery and evaluation procedures for any previously unknown archaeological resources on the SUMC Sites and requires that a professional archaeologist employ preservation in place, data recovery, or other methods that meet the Secretary of the Interior's Standards for Archaeological Documentation to reduce impacts on unique archaeological resources. Therefore, implementation of the following mitigation measure would ensure the impact remains less than significant. (LTS) S=Signijicant SU = Signijicant Unavoidable Impact Significance With Mitigation LTS Stal'iford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-3. Impacts on Human Remains. The SUMC Project could potentially encounter human remains and result in a significant impact. Impact Significance Without Mitigation S NT = No Impact LTS = Less-than-Significcmt Mitigation Measures CR-2.1 Constmction Staff Training and Consultation. .Prior to any construction or earth-disturbing activities, a qualified archaeologist shall inform construction supervisors of the potential to encounter cultural resources. All construction personnel shall be instructed to be observant for prehistoric and historic-era artifacts, subsurface archaeological features or deposits, including accumulations of dark, friable soil ("midden"), stone artifacts. animal bone, and shell. In the event that any prehistoric or historic subsurface archaeological features or cultural deposits are discovered during construction-related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City shall be notified. The City shall consult with the Stanford University Archeologist to assess the significance of the find. If the fmd is determined to be an historical resource or a unique archaeological resource as defined by CEQA, then representatives of the City and the Stanford University Archaeologist shall meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to '-scientific analysis, professional museum curation, and a report shall be prepared by the qualified archaeologist according to current professional standards. MITIGATION MEASURE. Mitigation Measure CR-3.1 summarizes the procedures to be taken in the event that any previously unknown human remains are discovered on the SUMC Sites. Therefore, implementation of the following mitigation measure would ensure that the potential impact remains less than significant. CR-3.1 Conduct Protocol and Procedures for Encountering Human Remains. If human remains (including disarticulated or cremated remains) are discovered at any SUMC Project construction site during any phase of construction, all ground-disturbing activity S = Significant SU= Significant Unavoidable Stal~ford University Medical Center Facilities Renewal and Replac~ment Draft ElR -Summary Impact Significance With Mitigation LTS S-6J Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-4. Impacts on Paleontological Resources. The SUMC Project could have a significant impact on unique paleontological resources or unique geologic resources. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-62 Mitigation Measures within 100 feet of the human remains should be halted and the Stanford University Archaeologist. City of Palo Alto, and the County coroner notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC adhered to in the treatment and disposition of the remains. The SUMC Project sponsors shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NARC. As necessary, the archaeologist may provide professional assistance to the City of Palo Alto, including the excavation and removal of the human remains. If the human remains cannot be avoided, and the Most Likely Descendant requests that the human remains be removed from its location, the SUMC Project sponsors shall implement removal of the human remains by a professional archaeologist. The City of Palo Alto shall verify that the mitigation is complete before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered. MITIGATION MEASURE. Mitigation Measure CR-4.1 provides protocol for encountering paleontological resources and would reduce the potential impacts resulting from disruption to unique paleontological resources to a less-than-significant level. CR-4.1 Conduct Protocol and Procedures for Encountering Paleontological Resources. Should paleontological resources be identified during SUMC Project growld-disturbing activities, the SUMC Project sponsors shall notify the City and the Stanford S = Significant SU= Significant Unavoidable hnpact Significance With Mitigation LTS. Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures University Archaeologist and cease operations in the vicinity of the potential . resource until a qualified professional paleontologist can complete the following actions when appropriate: 0 • Identify and evaluate paleontological resources by intense field survey where impacts are considered high; • Assess effects on identified resources; and • Consult with the City of Palo Alto and the Stanford University Archaeologist. Before operations in the vicinity of the potential resource resume, the SUMC Project sponsors shall comply with the paleontologist's recommendations to address any significant adverse effects where determined by the City of Palo Alto to be feasible. In considering any suggested mitigation proposed by the consulting paleontologist, the SUMC Project sponsors shall consult with the Stanford University Archaeologist and the City to determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, cost policies and land use assumptions, and other considerations. If avoidance is infeasible, other appropriate measures (e.g. data recovery) shall be instituted to avoid a significant impact. Work may proceed in other parts of the SUMC Sites while mitigation for paleontological resources is completed. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renel'-'al and Replacement Draft EIR -Summary Impact Significance With Mitigation S-63 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts CR-5. Cumulative Impacts on Historic Resources. The SUMC Project, in combination with other past, current, and probable future development in the City, would cause a substantial change in the significance of the City's historic resources and thus have a significant cumulative impact. The SUMC Project's contribution to the cumulative impact would be cumulatively considerable. CR-6. Cumulative Impacts on Prehistoric andlor Archaeological Resources and Human Remains. The SUMC Project, in combination with other reasonably foreseeable probable future development, could cause a substantial change in the significance Of prehistoric and/or archaeological resources or human ref1lains and thus contribute to a significant cumulative impact. The SUMC Project is cOI1.<;ervatively assumed to have a considerable contribution. CR-7. Cumulative Impacts on Paleontological Resources. The SUMC Project, in combination with other reasonably foreseeable probable future development where the Pleistocene-age creek bed may occur, could have a significant cumulative impact. Such an impact would occur if the buried Pleistocene-age creek bed is exposed in lengths greater than approximately 100 feet (or a sufficient length to support detailed hydrological study) and if such deposits contain substantially intact skeletons of extinct species. These conditions would represent a major find for regional paleontology. In the case that significant paleontological finds-such as stretches of buried Pleistocene-age creek bed greater than 100 feet in length and containing intact skeletons of extinct species-are made on the SUMC Site, then the Impact Significance Without Mitigation S s s NI = No Impact LTS = Less-than-Significant S-64 Impact Significance With Mitigation Measures Mitigation MITIGATION MEASURES. Due to tbe d.emolition of the Stone Building SU complex, the SUMC Project's contribution would remain cumulatively considerable as this impact cannot be avoided. Implementation of Mitigation Measures CR-1.2 through CR-1.4 would reduce the SUMC Project's contribution to the cumulative impact, but not to a less than cumulatively considerable level. MITIGATION MEASURES. Compliance with Mitigation Measures CR-2.1 LTS and CR-3.1 would reduce the SUMC Project's contribution to the cumulative impact to a less than cumulatively considerable level. MITIGATION MEASURE. Compliance with Mitigation Measure CR-4.1 LTS would reduce the SUMC Project's contribution to the cumulative impact to a less than cumulatively considerable level. S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summmy Impacts NI = No Impact S-66 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Signijicaru Mitigation Measures BR-l.3 Develop and Employ Bat Nest Box Plan. If special-status bats are fOlmd in structures to be removed, the SUMC Project sponsors shall develop a bat nest box plan for the SUMC Sites employing state-of-the-art bat nest box technology. TIle design and placement of nest boxes shall be reviewed by a qualified bat . biologist. BR-l.4 Avoid Tree Removal During Nesting Season. Tree removal or pruning shall be avoided from February 1 through August 31, the nesting period for Cooper's hawk, to the extent feasible. If no tree removal or pruning is proposed during the nesting period, no surveys are required. BR-I.5 Protect Cooper's Hawk in the Event of Nest Discovery. If tree removal or pruning is unavoidable during tbe nesting season, the SUMC Project sponsors shall hire a qualified biologist to conduct a survey for nesting Cooper's hawk within five days prior to the proposed start of construction. If active Cooper's hawk nests are not present, project activities can take place as scheduled. The qualified' biologist shall visit the site daily to search for nests until all nesting substrates are removed. This will avoid impacts to Cooper's hawk tbat may have moved into the site and initiated nest-building after the start of tree removal activities. Additionally, if more than 5 days elapses between the initial nest search and the tree removal, it is possible for new birds to move into the construction area and begin building a nest. If there is such a delay, another nest survey shall be conducted. If any active Cooper's hawk nests are detected, the SUMC Project sponsors shall delay removal of the applicable tree or shrub while the nest is occupied with eggs or young who have not fledged. A qualified biologist shall monitor any occupied nest to determine when the Cooper's hawk nest is no longer used. S=Signijicant SU= Signijicant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SmIC Project Summary of Impacts and Mitigation Measures Impacts BR-2. Loss of Riparian or Other Sensitive Habitats, Including Wetlands asl Defined by Section 404 of the Clean Water Act. Construction of the SUMC Project would have a less-than-significant i!hpact on riparian or other sensitive habitat resources, incl~aing wetlands. BR-3. Interference with the Movement of Any Native Resident or MigratorY Fish or Wildlife Species or with Established Native Re~ident or Migratory Wildlife Corridors, or Use of Native Wildlife Nursery Sites. The SUMC Project would have no impact on the movement of any native resident or migratory fish or wildlife species, or use of native resident or migratory wildlife corridors, but could impede the use of native wildlife nursery sites and thus result in a significant impact. Impact Significance Without Mitigation LTS S NI = No Impact LTS = Less-than-Significant Mitigation Measures None required. MITIGATION MEASURES. Mitigation Measures BR-3.1 and BR-3.2, below, would reduce the SUMC Project's impact on nesting migratory birds to a less-than-significant level. BR-3.1 Avoid Tree Removal During Nesting Season. Tree or shrub removal or pruning shall be avoided from February 1 through August 31, the bird-nesting period, to the extent feasible. If no tree or shrub removal or pruning is proposed during the nesting period, no surveys are required. BR-3.2 Protect Birds in the Event of Nest Discovery. If tree and shrub removal or pruning is unavoidable during the nesting season, the SUMC Project sponsors shall hire a qualified biologist to conduct a survey for nesting raptors and other birds within five days prior to the proposed start of construction. If active nests are not present, SUMC Project activities can take place as scheduled. The qualified biologist shall visit the site daily to search for nests until all nesting substrates are removed. These procedures would avoid impacts to any birds that may have moved into the sites and initiated nest-building after the start of tree and shrub removal activities. Additionally, if more than five days elapses between the initial nest search and tbe vegetation removal, it is possible for new birds to move into the construction area and begin building a nest. If there is such a delay. another nest survey shall be conducted. If any active nests are detected, the SUMC Project sponsors shall delay removal of the applicable S=Significant SU= Significant Unavoidable Stanford University Medical Center Facilities Renev.·al and Replacement Draft EIR -Summary Impact Significance With Mitigation N/A LTS S-67 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts BR-4. Result in a Substantial Adverse Effect on any Protected Tree as Defined by the City of Palo Alto's Tree Preservation Ordinance (Municipal Code Section 8.10). The SUMC Project could have a significant impact on Protected Trees. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-68 Mitigation Measures tree or shrub while the nest is occupied with eggs or young who have not fledged. A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. MITIGATION MEASURES. Mitigation Measures BRA.1 through BR-4.5, below, to be implemented by the SUMC Project sponsors, would reduce the SUMC Project's impact on Protected Trees. In addition, Mitigation Measure BR-4.6 would require minor SUMC Project site plan adjustments to avoid removal of some biologically and aesthetically significant Protected Trees. However. the new Hospital District under the SUMC Project would allow the removal of up to 48 Protected Trees that are protected under the Municipal Code. In addition, minor modifications to the SUMC Project site plans would not be able to avoid the nine biologically and aesthetically significant Protected Trees in the Kaplan Lawn area. Therefore, the SUMC Project would result in a significant and unavoidable impact to Protected Trees. BR-4.1 Prepare a Tree Preservation ReponJor all Trees to be Retained. An updated tree survey and tree preservation report (TPR) prepared by a certified arborist shall be submitted for review and acceptance by the City Urban Forester. For reference clarity, the tree survey shall include (list and field tag) all existing trees within the SUMC Sites, including adjacent trees overhanging the SUMC Sites. The approved TPR shall be implemented in full, including mandatory inspections and monthly reporting to City Urban Forester. The TPR shall be based on latest SUMC plans and amended as needed to address activity or within the dripline area of any existing tree to be preserved, including incidental work (utilities trenching, street work, lighting, irrigation, etc.) that may affect the health of a preserved tree. The SUMC Project shall be modified to address recommendations identified to reduce impacts to existing ordinance-regulated trees. The S=Significant SU= Significant Unavoidable Impact Significance With Mitigation SU Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY 1.5 Impacts Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance With Impact Significance Without Mitigation Mitigation Measures Mitigation TPR shall be consistent with the criteria set forth in the Tree Preservation Ordinance, Palo Alto Municipal Code Section 8.10.030, and the City Tree Technical Manual, Section 3.00, 4.00 and 6.30.25 To avoid improvements that may be detrimental to the health of regulated trees, the TPR shall review the SUMC Project sponsors' landscape plan to ensure the new landscape is consistent with Tree Technical Manual, Section 5.45 ~ and Appendix L, Landscaping under Native Oaks. BR-4.2 Prepare a Solar Access Study (SAS) of Short and Long Tenn Effects on Protected Oaks. The SUMC Project sponsors shall prepare a SAS of Short and Long Term Effects 6n Protected Oaks. The SAS shall be prepared by a qualified expert team (horticulturalist, architect designer, consulting arborist) capable of determining effects, if any, to foliage, health, disease susceptibility and also prognosis for longevity. The SAS shall provide alternative massing scenarios to provide sufficient solar access and reduce shading detriment at different thresholds of tree health/decline, as provided for in the SAS. The SAS adequacy shall be subject to peer review as determined necessary by the City. The SAS design alternatives shall be the subject of specific discussion at all levels of ARB, Planning Commission, City Council, and public review in conjunction with the SUMC Project sponsors, the City Urban Forester, and Director of the Planning and Community Environment Department, until a final design is approved. Palo Alto Municipal Code Section 8.10.030 and the City Tree Technical Manual, Section 3.00, 4.00 and 6.30 is available at: http://www . cityofpaloalto. org/ environment/urban_canopy. asp. NI = No Impact LTS = Less-than-Significant S=Signijicant SU= Significant Unavoidable Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -Swnmary S-69 Impacts NI = No Impact S-70 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures BR-4.3 Prepare a Tree Relocation Feasibility Plan for Any Protected Tree Proposed for Relocation and Retention. Because of inherent mortality associated with the process of moving mature trees, a Tree Relocation and Maintenance Plan (TRMP) shall be prepared subject to Urban Forester's approval. The SUMC Project sponsors shall submit a TRMP to determine the feasibility of moving the Protected Trees to an appropriate location on site. Feasibility sball consider current site and tree conditions, a tree's ability to tolerate moving, relocation measures, optimum needs for the new location, aftercare, irrigation, and other long-term needs. If the relocated trees do not survive after a period of five years, the tree canopy shall be replaced with a tree of equivalent size or security deposit value. The TRMP shall be inclusive of the following mmlmum information: appropriate irrigation, monitoring inspections, post relocation tree maintenance, and for an annual arborist report of the condition of the relocated trees. If a tree is disfigured, leaning with supports needed, in decline with a dead top or dieback of IDore than 25 percent, the tree shall be considered a total loss and replaced in kind and size. The fmal annual arborist report shall serve as the basis for return of the Tree Security Deposit (see Mitigation Measure BR-4.4, below, for a discussion of the Tree Security Deposit). BR-4.4 Provide a Tree Preservation Bond/Security Guarantee. The natural tree resources on the SUMC Site include significant Protected Trees and those that provide neighborhood screening, including two trees proposed for relocation. Prior to building permit submittal, the Tree Security Deposit for the total value of the relocated trees, as referenced in the Tree Tec1mical Manual, Section 3.26, Security Deposits, shall be posted to the City S=Significant SU = Significant Unavoidable Impact Significance With Mitigation Stanford University Medical Center Facilities Renewal OJxd Replacement Draft EIR -Summary Impacts NI = No Impact Table 8-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures Revenue Collections in a form acceptable by the City Attorney. As a security measure, the SUMC Project sponsors shall be subject to a Memorandum of Understanding (MOU) between the City of Palo Alto and the SUMC Project sponsors describing a tree retention amount, list of trees. criteria and timeline for return of security, and conditions as cited in the Record of Land Use Action for the SUMC Project. The SUMC Project sponsors and SUMC Project arborist, to he retained by the SUMC Project sponsors, shall coordinate with the City Urban Forester to determine the amount of bonding required to guarantee the protection and/or replacement of the regulated trees on the site during construction and within five years after occupancy. The SUMC Project sponsors shall bond for 150 percent of the value for the relocated trees, and 50 percent of the value of the remaining trees to be protected during construction (as identified in the revised and fmal approved Tree Protection Report). The SUMC Project sponsors shall provide an appraisal of the trees with the proposed level of bonding in a tree value table to be reviewed and accepted by the Director of Planning and Community Environment with the description of each tree by number. value, and total combined value of all the trees to be retained. A return of the guarantee shall be subject to an annual followed by a fmal tree assessment report on all the relocated and retained trees from the SUMC Project arborist, as approved by the City Urban Forester. five years following final inspection for occupancy, to the satisfaction of the Director of the Planning and Community Environment Department. BR-4.5 Provide Optimum Tree Replacement for Loss of Publicly-Owned Trees Regulated Tree Category. There are many publicly owned trees growing in the right-of-way along various frontages (Welch Road, Pasteur Drive, Quarry Road, Sand Hill Road, etc.). S=Significant SU = Significant Unavoidable Stanford University Medical Center Facilities Renev.·al and Replacement Draft EIR -Summary Impact Significance With Mitigation S-71 26 S-72 Impacts Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation Mitigation Measures These trees provide an important visual and aesthetic value to the streetscape and represent a significant investment from years of public resources to maintain them. As mitigation to offset the net benefits loss from removal of mature trees, and to minimize the future years to achieve parity with visual and infrastructure service benefits (C02 reduction, extended asphalt life, water runoff management, etc.) cuo-ently provided by the trees, the new public trees on all roadway frontages shall be provided with best practices design and materials, including, but not limited to, the following elements: • Consistency with the City of Palo Alto Public Works Department Street Tree Management Plan, in consultation with Canopy, InC.26 • Provide adequate room for natural tree canopy growth and adequate root growing volume. For large trees, a target goal of 1,200 cubic feet of soil shall be used. • For pedestrian and roadway areas that are to include tree planting or adjacent to existing trees to be retained, utilize City-approved best management practices for sustainability products, such as permeable ADA sidewalk surfaces, Silva Cell base support planters, engineered soil mix base, and other advantage methods. bnpact Significance With Mitigation Canopy, Inc. is a non-profit organization that advises the City with regards to public trees. The City typically interfaces between applicants and the Canopy, Inc., hut it is recommended that the SUMC Project sponsors consult with Canopy, Inc. as well. NI = No Impact LTS = Less-than-Significant S = Significant SU= Significant Unavoidable StOliford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts BR-S. Conflict with any Applicable Habitat Conservation Plan or Natural Community Conservation Plan. The SUMC Project would have no impact on any applicable Habitat Conservation Plan or Natural Community Conservation Plan. BR-6. Cumulative Impacts on Special-Status Wildlife Resources. The SUMC Project, in combination with other foreseeable development, would have a less-than-significant impact on Special-Status Plant Resources. BR-7. Cumulative Loss of Riparian or Other Sensitive Habitats, Including Wetlands as Defined by Section 404 of the Clean Water Act. Cumulative impacts on riparian or other sensitive habitats could be significant. However, the SUMC Project's contribution to the cumulative impact would be less than cumulatively considerable. BR-8. Cumulative Interference with the Movement of Any Native Resident or Migratory Fish or Wildlife Species or With Established Native Resident or Migratory Wildlife Corridors, or Use of Native Wildlife Nursery Sites. Cumulative interference with movement of resident or migratory species or with established migratory corridors could be significant. However, the SUMC Project's contribution to the cumulative impact would be less than cumulatively considerable. Impact Significance Without Mitigation NI LTS LTS LTS NI = No Impact LTS = Less-than-Significant Mitigation Measures BR-4.6 Implement Minor Site Modifications to Preserve Biologically and Aesthetically Significant Protected Trees. The SUMC Project sponsors shall design and implement modifications to building design, hardscape, and landscape to incorporate the below and above ground area needed to preserve as many biologically and aesthetically significant Protected Trees as possible. None required. None required. None required. None required. S=Significant SU= Significant Un.avoidable Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Impact Significance With Mitigation N/A N/A N/A N/A S-73 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HW-4. Stormwater Runoff and Erosion. The SUMC Project would have a less-than-significant impact on stormwater runoff and erosion. HW-5. Flooding and Stormwater Conveyance Capacity. The SUMC Project would have a less-than-significant impact on flooding and storm water conveyance capacity. HW-6. Streambank Instability. The SUMC Project would have a less-than-significant impact on streambank instability. Impact Significance Without Mitigation LTS LTS LTS NI = No Impact LTS = Less-than-Significant S-76 Mitigation Measures Substances Contingency Plan (the "National Contingency Plan" [NCP)). The SUMC Project sponsors, or their representative, shall be responsible for submitting the workplan for the DTSC's review and approval prior to implementing field activities. The workplan must include all information necessary for implementing Held work. The workplan shall include a Site Safety Plan (SSP) and a Sampling Work Plan (SWP). The SSP must be submitted to the DTSC in conjunction with the submittal of the SWP. The objective of the SSP is to ensure protection of the investigative team as well as the general public during sampling activities. If risk to human or ecological health is identified, the SUMC Project sponsors shall prepare and implement a Removal Action Workplan (SB 1706 Stats. 1994, Chapter 441) (non-emergency removal action or remedial action ata hazardous substance release site which is projected to cost less than $1,000.000) that is consistent with the NCP. None required. None required. None required. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HW-7. Degradation of Surface Water Quality. The SUMC Project would have. a less-than-significant impact on degradation of surface water quality. HW-S. Dam Failure Inundation. TIle SUMC Project would have a less-than-significant impact regarding dam failure inundation. HW-9. Violation of Any Water Quality Standards or Waste Discharge Requirements (WDRs). The SUMC Project would have a less-than-significant impact regarding water quality standards or WDRs. HW-IO. Cumulative Groundwater Recharge and Local Water Table. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less- than-significant cumulative considerable impact on groundwater recharge and the local groundwater table. HW-U. Cumulative Groundwater Quality Impacts. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than- significant cumulative impact on groundwater quality. HW-12. Cumulative Stonnwater Runoff and Erosion. The SUMe Project, ill combination with reasonably foreseeable probable future development, would have a less-than- significant cumulative impact on stormwater runoff and erosioIl. Impact Significance Without Mitigation LTS LTS LTS LTS LTS LTS NI = No Impact LTS = Less-than-Significant None required. None required. None required. None required. None required. None required. S= Significant Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summary Mitigation Measures SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A N/A N/A N/A S-77 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HW-13. Cumulative Flooding and Stormwater Conveyance. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less- than-significant cumulative impact on stonnwater runoff and erosion. HW-14. Streambank Instability. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than-significant cumulative impact on streambank instability. HW-lS. Degradation of Surface Water Quality. The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than-significant cumulative impact on degradation of surface water quality. HW-16. Dam Failure Inundation. 'The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than-significant cumulative impact regarding dam failure inundation. HW-17. Violation of Any Water Quality Standards or Waste Discharge Requirements (WDRs). The SUMC Project, in combination with reasonably foreseeable probable future development, would have a less-than-significant cumulative impact on violation of water quality standards and WDRs. Impact Significance Without Mitigation LTS LTS -LTS LTS LTS NI = No Impact LTS = Less-than-Significant S-78 None required. None required. None required. None required. None required. S=Significant Mitigation Measures SU= Significant Unavoidable hnpact Significance With Mitigation N/A N/A N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummaJY Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-3. Exposure to Contaminated Soil and/or Groundwater During Construction. The SUMC Project could expose construction persOlmel and public to existing contaminated groundwater and/or soil. Impact Significance Without Mitigation S NI = No Impact LTS = Less-than-Significant S-80 Mitigation Measures MITIGATION MEASURES. With implementation of Mitigation Measure HM-3.1 through HM-3.4, below, the significant impact on construction personnel and the public due to exposure to contaminated soil and/or groundwater at the SUMC Sites would be reduced to less-than-significant levels. In addition, Mitigation Measure HW-3.1 in Section 3.11, Hydrology, would require the SUMC Project sponsors to develop a work plan for any unknown contaminated site, which would further reduce the imp~cts to less than significant. Mitigation Measure HM-3.4 would requi.re specification of measures to prevent hazards from any remediation itself. As such, these would be less-than-significant impacts from any remediati.on. HM-3.1 Perfoml a Phase II ESAjor the 701 Welch Site. A Phase II ESA shall be performed at 701 Welsh Site Building B. The Phase II ESA shall include sampling and analysis of soil, groundwater, wastewater. and residues on surfaces such as laboratories countertops, fume hoods, sinks, sumps, floors, and drain lines. The County DEH and P AFD shall be notified by the Project sponsors if contamination is discovered. If contamination is discovered, the SUMC Project sponsors shall prepare a site remediation assessment that (a) specifies measures to protect workers and the public from exposure to potential site hazards and (b) certifies that the proposed remediation measures would clean up contaminants, dispose of the wastes, and protect public health in accordance with federal, State, and local requirements. Site excavation activities shall not proceed lmtil the site remediation has been approved by the County DEH and implemented by the SUMC Project sponsors. Additionally, the Site Remediation Assessment shall be subject to review and approval by the San Francisco Bay RWQCB. All appropriate agencies shall be notified. S = Significant SU= Significant Unavoidable Impact Significance With Mitigation LTS Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -SummalY Impacts NI = No Impact Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact Significance Without Mitigation LTS = Less-than-Significant Mitigation Measures HM-3.2 Excavate Contaminated Soil/rom the 703 Welch Site. For the 4- to 9-square-foot area near every discharge point from the building. soil samples shall be performed and contaminated soil excavated, removed, and transported to an approved disposal facility in compliance with OSHA requirements. The County DEH and the PAFD shall be notified by the SUMC Project sponsors if contamination is encountered during construction. HM-3.3 Conduct a Soil Vapor Program at the Hoover Pavilion Site. A qualified consultant, under the SUMC Project sponsors' direction, shall undertake the following activities: • Remove all buried underground storage tanks from the property after sheds and storage buildings on the Hoover Pavilion Site have been demolished; • To the extent necessary, additional soil sampling shall be collected to determine health risks and to develop disposal criteria; • If warranted based on soil sampling, a human health risk assessment shall be prepared and implemented to detennine potential for impacts on construction workers as well as to develop measures to ensure it is safe to redevelop the Hoover Pavilion Site within engineering controls (e.g., SVE or vapor barriers); and • To the extent required based upon the results of soil sampling and the results of a health risk assessment (if applicable), a Site Health and Safety Plan to ensure worker safety in compliance with OSHA requirements shall be developed by the Project sponsors, and in places prior to commencing work on any contaminated site. S=Significant SU = Significant Unavoidable Stal~ford University Medical Center Facilities Renl!l4'al and Replacement Draft EIR -Summary Impact Significance With Mitigation 8-81 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-4. Hazardous Waste Generation and Disposal Resulting in Increased Exposure Risk. The SUMC Project would not substantially increase exposure risk related to hazardous waste generation. HM-5. Emit Hazardous Emissions or Handle Hazardous Materials Within One-Quarter Mile of a School. The SUMC Project would not emit or handle hazardous materials within one-quarter mile of school. HM-6. Construct a School on a Property that is Subject to Hazards from Hazardous Materials Contamination, Emissions or Accidental Release. The SUMC Project would not construct a school that is subject to hazards from hazardous materials contamination, emissions or accidental release. Impact Significance Without Mitigation LTS LTS NI NI = No Impact LTS = Less-than-Significant S-82 Mitigation Measures The SUMC Project sponsors shall cooperate with the County DEH to proceed with closure of the Hoover Pavilion Site. HM-3.4 Develop a Site Management Plan for the Hoover Pavilion Site. The SUMC Project sponsors shall prepare a site remediation assessment that (a) specifies measures to protect workers and the public from exposure to potential site hazards, including hazards from remediation itself, and (b) certifies that the proposed remediation measures would clean up contaminants, dispose of the wastes, and protect public health in accordance with federal, State. and local requirements. Site excavation activities shall not proceed until the site remediation has been approved by the County DEH and implemented by the SUMC Project sponsors. Additionally, the Site Remediation Assessment shall be subject to review and approval by the San Francisco Bay RWQCB. All appropriate agencies shall be notified. None required. None required. None required. S = Significant . SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A Stanford Ulliversity Medical Center Facilities Renewal and Replacement Draft EIR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impact .. HM-7. Occur on a Site Included on the Cortese List, a List of Hazardous Materials Sites. The SUMC Project would result in construction of facilities on a site included on the Cortese List. HM-8. Wildland Fire Risk. The SUMC Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. HM-9. Occur on a Site Located Within an Airport Land Use Plan or Within Two Miles of a Public Airport, and Result in a Safety Hazard. The SUMC Project would not be located within an Airport Land Use Plan or within 2 miles of a Public Airport. HM-lO. Impainnent of Emergency Plans. The SUMC Project could impair implementation or physically interfere with an adopted emergency response or evacuation plan. Impact Significance Without Mitigation S NI NI S JIll = No Impact LTS = Less-than-Significant Mitigation Measures MITIGATION MEASURES. Implementation of Mitigation Measures HM-3.3 and HM-3.4, which involve the implementation of a soil vapor program and development of a site management plan, would reduce the potential for exposure to hazardous materials at the Hoover Pavilion Site to less-than- significant levels. Additionally, compliance with current federal, State and local regulations would help prevent any further exposure to hazardous materials. None required. None required. MITIGATION MEASURES. Mitigation Measure HM-lO.l requires advance coordination with the City of Palo Alto on construction routes or roadway closures. This measure, together with Mitigation Measures TR-l.l, TR-l.4 through TR-1.6, and TR-1.8, which all involve construction-period traffic controls, would reduce the significant construction-period impacts to a less-than-significant level. Mitigation Measure TR-9.1, would involve the installation of emergency vehicle traffic signal priority (OptiCom) at all intersections significantly impacted by the SUMC Project. Mitigation Measure TR-9.1 would reduce impacts on emergency access during operation. Implementation of these measures would reduce the SUMC Project's impact to emergency evacuation and response plans to a less-than- significant level. S=Significant SU= Significant Unavoidable Slaf!ford University Medical Center Facilities Renev.·al and Replacement Draft EIR -Summary Impact Significance With Mitigation LTS N/A N/A LTS S-83 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts HM-ll. Cumulative Handling, Storage. Disposal, and Transport of Hazardous Materials. Cumulative development would increase handling, storage, disposal, and transport within the SUMC Sites and adjacent areas. However, cumulative development would be subject to applicable federal, State. and local regulations that would govern these activities. As a result, the cumulative impact would be less than significant. HM-12. Cumulative Disturbance of Hazardous Materials from Construction. The SUMC Project and adjacent development could result in cumulative release of hazardous materials during construction. a significant cumulative impact. The SUMC Project's contribution to the cumulative inlpact would be considerable. HM-13. Cumulative Exposure to Contaminated Soil and/or Groundwater, and from Cortese List Sites. The SUMC Project and adjacent development could result in cumulative disturbance of contaminated soils, release of hazardous materials during construction, a significant cumulative impact. Impact Significance Without Mitigation LTS S S NI = No Impact LTS = Less-than-Significam S-84 Mitigation Measures HM-IO.I Coordinate Constmetion Activities with the City of Palo Alto. The SUMC Project sponsors shall provide to the City planned construction routes, roadway closures, and access and closures schedules. This information shall be provided to the City at least two weeks in advance of the planned access and closures. The City shall coordinate this information among affected emergency service providers, including the City's Fire and Police Departments, and private ambulance services, so that alternative routes could be planned and announced prior to the scheduled access and closures, as deemed necessary by the City. None required. MITIGATION MEASURE. Mitigation Measure HM-2.1. involving measures to reduce exposure of persons to hazardous materials (such as asbestos), would reduce the SUMC Project's contribution to a less-than-significant level MITIGATION MEASURES. Mitigation MeasUre HM-3.2, which involves remediation of known site contamination at the 703 Welch Road site, would reduce the SUMC Project's contribution to the cumulative impact to less than considerable. Also, Mitigation Measures I-IM~3.1, HM-3.3, and HM- 3.4, involving investigations at other SUMC areas and preparation of the S=Signijicam SU= Signijicant Unavoidable Impact Significance With Mitigation N/A LTS LTS Stariford University Medical Center Facilities Renewal and Replacement Draft ElR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts PH-3. Impacts on Jobs to Employed Residents Ratio. The SUMC Project would have an adverse impact on the City's jobs to employed residents ratio because it would exceed the existing Comprehensive Plan and zoning allowances for the SUMC Sites and thus require amendment to the Comprehensive Plan and rezoning, and it would increase the City's jobs to employed residents ratio by more than 0.01. However, this impact is not, itself, an environmental impact. This impact will result in secondary environmental inlpacts relating to additional commute traffic, including the significant and unavoidable impacts on air quality and climate change, as identified in Sections 3.5 and 3.6. The present analysis of impacts to the "jobs to employed residents" ratio is presented for informational purposes, and for the purpose of identifying additional mitigation measures for those identified impacts. Impact Significance Without Mitigation N/A NI = No Impact LTS = Less-than-Signijicant S-86 Mitigation Measures MITIGATION MEASURE. Implementation of Mitigation Measure PH-3.1 would reduce the impact on the City's jobs to employed residents ratio; however, such implementation would not fully avoid the SUMC Project's impact on the jobs to employed residents ratio because (1) the measures would not guarantee provision of housing units to cover the demand from the 1,052 households (or 8 percent thereof), and (2) due to the various factors that people consider in choosing where to live, it cannot be ascertained that the 1,810 workers would choose to live in Palo Alto. Due to the high concentration of jobs in Palo Alto, it is possible that a strong affordable housing program would result in reduced traffic congestion, vehicle miles traveled, and greenhouse gas emissions. Implementation of Mitigation Measure PH-3.1 is not directly required in order to mitigate a significant environmental impact, but rather should be considered as possible additional mitigation for Impacts AQ-2, AQ-7, CC-l, and CC-2, as discussed in Section 3.5, Air Quality, and Section 3.6, Climate Change, of this EIR. However, it should be stressed that these measures are presented here only in conceptual tenDs, and the City may find that some or all of them are not feasible for various legal, practical, or other reasons. As such, Mitigation Measure PH-3.1 is presented for informational purposes, and to ensure that all possible options for mitigation of these inlpacts are adequately considered. PH-3.I Reduce the Impacts on the Jobs to Employed Residents Ratio. In order to reduce tlle SUMC Project's impacts on the City'S jobs to employed residents ratio, one or more of the following measures shall be implemented by both the City and the SUMC Project sponsors: • The City shall explore amending the Zoning Code to permit more residential uses, particularly multifamily residential use; S=Signijicant SU= Signijicant Unavoidable Impact Significance With Mitigation N/A Stanford University Medical Center Facilities Renewal and Replacement Draft EIR -Summmy Table S-4 SUMC Project Summary of Impacts and Mitigation Measures . Impacts PS-2. Impacts from Police Protection Facilities. The SUMC Project would require an increased level of police services. However, rhe increased level of police services would not be large enough to trigger the need for construction of new facilities, which could adversely affect the physical environment. Impacts. would be less than significant. PS-3. Impacts Related to School Facilities. An increase in students. which would require school expansions, would result as a tertiary impact of the SUMC Project, since increased employment from the SUMC Project could induce additional housing units within the City. Both the SUMC Project and induced housing projects would be subject to SB 50 School Impact Fees, which would mitigate impacts to less than significant. . PS-4. Impacts Related to Construction of New or Altered Parks and Recreation Facilities. The SUMC Project would not result in the construction or expansion of new parks or fields, which would in tum result in adverse environmental impacts. The SUMC Project would be required to pay a City Community Facility Fee, which would be used to fund new parks or an alteration to an existing park, and would mitigate impacts to less than significant. PS-5. Deterioration of Park and Recreation Facilities. Increased recreational demand from SUMC Project employees could accelerate the physical deterioration of the City's parks and fields. The SUMC Project would be required to pay a City Community Facility Fee, which reduce or avoid any such deterioration, and would mitigate impacts to less than significant. Impact Significance Without Mitigation LTS LTS LTS LTS NI = No Impact LTS = Less-than-Significant 8-88 Mitigation Measures None required. None required. None required. None required. S=Significant SU= Significant Unavoidable Impact Significance With Mitigation N/A N/A N/A N/A Stanford University Medical Center Facilities Renewal and Replacement Draft ElR -Summary Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts PS-6. Cumulative Fire Protection Demand and Emergency Medical Facilities. Cwnulative growth would increase demand for fire protection and emergency response services within the PAFD's service area; however, no new PAFD facilities would need to be constructed. Cumulative impacts would be less than significant. PS-7. Cwnulative Police Protection Demand. Cumulative growth in the City could necessitate construction of new or expanded police facilities in order to meet increased demand for services. Construction of new or expanded police facilities could result in significant environmental impacts. As such, cumulative impacts related to police service could be significant. However the SUMC Project's contribution to the cumulative need for new or expanded police facilities would be less than cumulatively considerable. PS-8. Cumulative School Demand. Cumulative development in the City can be expected to necessitate expansion of school facilities, which could have adverse physical environmental. impacts. This cumulative impact is conservatively assumed to be significant, although the SUMC Project's contribution to this cwnulative impact would be less than cwnulatively considerable. PS-9 Cumulative Demand for Parks and Recreation Facilities, and for New Parks. Cumulative impacts related to park deterioration would be less than significant due to the City's Community Facility Fee. Cwnulative growth in the City would necessitate acquisition or development of new parldands, which could result in significant environmental impacts; however, the contribution of the SUMC Project to Impact Significance Without Mitigation LTS LTS LTS LTS NI = No Impact LTS = Less-than-Significant None required. None required. None required. None required. S=Significant Stanford University Medical Center Facilities Renelt·al and Replacement Draft EIR -Summary Mitigation Measures SU= Significant Unavoidable Impact Significance. With Mitigation N/A N/A N/A N/A S-89 Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts UT-5. Energy Demand. Although the SUMC Project is an urban infill project and would not require the expansion of natural gas facilities and would use existing utility facilities, it may require the installation of near-site electrical facilities and natural gas pipelines to accommodate the projected additional demand. However, this installation is included in the SUMC Project and no additional off-site construction relating to electrical and natural igas facilities would occur. Therefore, the SUMC Project would have a less-than-significant impact related to the construction of energy facilities. UT-6. Cumulative Water Impacts. Since the City has sufficient water supply to accommodate water demands for cumulative development up to 2025, new or expanded entitlements for water supplies are not necessary. Therefore, cumulative development would have a less-than-significant cumulative impact related to water supply. UT-7. Cumulative Wastewater Impacts. Since the RWQCP has sufficient capacity to accommodate wastewater generated by cumulative development up to 2025, implementation of major facility and infrastructure improvements would not be necessary. In addition, general replacement and maintenance of old wastewater facilities is expected and would comply with applicable environmental regulations. Therefore, cumulative development would not have a significant cumulative impact related to wastewater. Impact Significance Without Mitigation LTS LTS LTS UT-S. Cumulative Stonnwater Generation. Cumulative LTS development in the City of Palo Alto and a1" St", f" J l!niversitn co 1 1 • Mitigation Measures None required. None required. None required. NoneL~auiirr~edd------------------ Impact Significance With Mitigation N/A N/A N/A Table S-4 SUMC Project Summary of Impacts and Mitigation Measures Impacts replacement or maintenance of storm drain facilities. However, general replacement and maintenance of storm drain facilities is included in City plans and would comply with applicable environmental regulations. Therefore, cumulative development would have a less-than-significant cumulative impact related to the capacity or deterioration of storm drain facilities. UT-9. Cumulative Solid Waste Impacts. Cumulative development would generate solid waste within the permitted capacity of the SMART Station and Kirby Canyon Landfill. Cumulative development would not result in substantial deterioration of solid waste facilities. As such, cumulative impacts related to solid waste generation would be less than significant. UT-lO. Cumulative Energy Demand. Cumulative development in the City of Palo Alto would consume additional energy and, therefore, would increase the demand for energy. The City's electrical and natural gas facilities are projected to have adequate capacity to serve the City's increased demand for energy. The increased level of energy demand may trigger the need for the replacement or maintenance of energy facilities. However, general replacement and maintenance of energy facilities is expected and would comply with applicable environmental regulations. Therefore, cumulative development would not have a significant cumulative impact related to energy demand and energy facilities. Impact Significance Without Mitigation LTS LTS NI = No Impact LTS = Less-than-Significant S-92 Mitigation Measures None required. None required. S=Significant SU= Significant Un.avoidable hnpact Significance With Mitigation N/A N/A Stanford University Medical Center Facilities Renewal an.d Replacement Draft EJR -Summal}'