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Home My WebLink About2010-12-13 City Council Agenda PacketThis Agenda/Notice is Posted in Accordance with Government Code Section 549.2(A) or Section 54956 12/13/10 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 Thursday preceding the meeting. Special Meeting Council Chambers December 13, 2010 6:00 PM ROLL CALL CLOSED SESSION Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. THE FOLLOWING CLOSED SESSION WILL BE HELD WITH THE CITY LABOR NEGOTIATORS. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Dennis Burns, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Darrell Murray) Employee Organization: Police Managers Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Dennis Burns, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Darrell Murray) Employee Organization: Palo Alto Police Officers Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Darrell Murray) Unrepresented Employee Group: Management, Professional and Confidential Employees Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Dennis Burns, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Roger Bloom, Darrell Murray) Employee Organization: International Association of Fire Fighters, Local 1319 Authority: Government Code Section 54957.6(a) 2 12/13/10 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. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Dennis Burns, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Roger Bloom, Darrell Murray) Employee Organization: Palo Alto Fire Chiefs’ Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, Joe Saccio, Russ Carlsen, Sandra Blanch, Marcie Scott, Darrell Murray) Employee Organization: Service Employees International Union, Local 521 Authority: Government Code Section 54957.6(a) 7:00 PM or as near as possible thereafter SPECIAL ORDERS OF THE DAY 2. Selection of Candidates to be Interviewed for the Library Advisory Commission 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. CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 3. Adoption of Two Resolutions Requesting Extension of Employment From the CalPERS Board of Administration Pursuant to Government Code 21221(h) for an Hourly Police Management Specialist Working as a Property Evidence Technician and an Hourly Fire Department Management Specialist Working as a Deputy Fire Chief CMR 450:10 and ATTACHMENT 3 12/13/10 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. 4. Approval of the Acceptance of Citizens Options for Public Safety (COPS) Funds in the Amount of $100,000 and the Approval of $25,000 in Prior Year’s COPS Funds for the Police Chief’s Request to Purchase Replacement Firearms, Firearm Instructor Hearing Protection, Replacement Interview Recording System, Encrypted Jump Drives, and Property and Evidence Operational and Security Improvements CMR 427:10 5. Adoption of a Resolution Declaring Weeds to be a Nuisance and Setting January 10, 2011 for a Public Hearing for Objections to Proposed Weed Abatement CMR 414:10 and ATTACHMENT 6. Approval of Amendment No. Four to Agreement With the Housing Trust of Santa Clara County, Inc. to Provide a Contribution in the Amount of $100,000 From the Residential Housing Fund for Fiscal Year 2010/11 to be Expended Through Fiscal Year 2014/15 CMR 444:10 and ATTACHMENT 7. Approval of Agreement With Association of Bay Area Governments for Local Agency Participation in Grant-Funded Bay Area-Wide Trash Capture Demonstration Project CMR 449:10 and ATTACHMENT 8. Approval of a Final Map to Create Five Condominium Units on a 6,000 Square Foot Lot at 420 Cambridge Avenue CMR 436:10 and ATTACHMENT 9. Adoption of an Ordinance Amending Chapter 16.11 of the Palo Alto Municipal Code Pertaining to Storm Water Pollution Prevention Measures; and Adoption of a Resolution Amending the Fiscal Year 2011 Municipal Fee Schedule to Reduce Plan Check Fees for Land Development Projects Subject to Palo Alto Municipal Code Chapter 16.11 CMR 445:10 and ATTACHMENT 10. Recommendation By the Palo Alto Historic Association to Adopt a Resolution Re-Naming A Public Street in the Vicinity of the 700 Block of Matadero Road as “Packard Court” CMR 447:10 and ATTACHMENT 4 12/13/10 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. 11. Approval of Record of Land Use Action for Historic Review Application for Minor Revisions to a Previously Approved Project at 661 Bryant Street CMR 448:10 and ATTACHMENT 12. Adoption of Resolution Supporting the California Air Resources Board’s Leadership in Promoting Clean and Energy Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California CMR 442:10 and ATTACHMENT 13. Cancellation of Regular Council Meeting of Monday, December 20, 2010 ATTACHMENT 14. 2nd Reading Adoption of Two Ordinances: (1) Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.14 (CA Green Building Standards Code), and (2) Amending Certain Sections of Title 5 (Health and Sanitation), Title 12 (Public Works and Utilities), Title 16 (Building Regulations), and Title 18 (Zoning), and Repealing Chapter 9.06 (Wood Burning Fireplaces and Appliances), to Promote Consistency With State Green Building Standards and Add Criteria for Sustainable Neighborhood Development (First Reading November 8, 2010 – Passed 9-0) CMR 446:10 and ATTACHMENT 15. Adoption of a Resolution Declaring Results of the Consolidated Special Municipal Election Held on November 2, 2010 ATTACHMENT 16. Approval of the Agreement for the Transfer of Renewable Energy Certificates Associated With Project Capacity and Energy of Geothermal Generating Project Number 3 to the Turlock Irrigation District (Item continued from 12/06/10 by Staff request) CMR 443:10 and ATTACHMENT 5 12/13/10 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. 17. Adoption of an Ordinance Amending the Budget for Fiscal Year 2011 to Accept a Donation in the Amount of $275,000 From the Palo Alto Library Foundation; Establish Capital Improvement Program Project Number LB-11000, Furniture and Technology for Library Measure N Projects; and Provide an Appropriation in the Amount of $275,000 to CIP Project LB-11000 CMR 428:10 and ATTACHMENT PUBLIC COMMENT 18. Recommendation from High Speed Rail Committee to Approve Five Potential 2011 State Legislative Initiatives Related to High Speed Rail 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 19. Recommendation From Policy & Services Committee Regarding Process for City Council Priorities and City Council Retreat ATTACHMENT 20. Recommendation From Policy & Services Committee to Approve the City of Palo Alto Suicide Prevention Policy; Adoption of Two Resolutions: (1) Supporting the Santa Clara County Suicide Prevention Plan; and (2) Approving the 41 Developmental Assets Framework for Youth and Teen Well-Being CMR 456:10 and ATTACHMENT 21. City Council Year in Review COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS Members of the public may not speak to the item(s). ADJOURNMENT Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact 650-329-2550 (Voice) 24 hours in advance. TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 13, 2010 REPORT TYPE: CONSENT ITEM DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 444:10 SUBJECT: Approval of Amendment No. Four to Agreement with the Housing Trust of Santa Clara County, Inc. to Provide a Contribution in the Amount of $100,000 from the Residential Housing Fund for Fiscal Year 2010/11 to be Expended Through Fiscal Year 2014115. EXECUTIVE SUMMARY Council approval of the recommended actions will provide an additional $100,000 in financial contributions to the Housing Trust of Santa Clara County, Inc. (HTSCC) to support activities and efforts to increase affordable housing opportunities. The City of Palo Alto has provided a total of $850,000 in financial contributions since the inception of the HTSCC to increase affordable housing opportunities in Palo Alto. HTSCC has invested close to $2.85 million in Palo Alto through its homeless/special needs and multi-family residential loan programs, and first-time homebuyer assistance program. No General Fund monies are being used for this housing activity. Only Housing funds collected through developer fees are used to contribute to HTSCC and are restricted for the development of affordable housing and no other purpose. RECOMMENDATION Staff recommends that Council: 1. Approve Amendment No. Four to Agreement with the Housing Trust of Santa Clara County, Inc. to Provide a Contribution in the Amount of $100,000 from the Residential Housing Fund for Fiscal Year 2010/11 to be Expended Through Fiscal Year 2013/14. 2. Authorize the City Manager to execute the Amendment No. Four with the Housing Trust of Santa Clara County, Inc. BACKGROUND In 2000, the Housing Trust of Santa Clara County, Inc. was created to provide additional financial resources to address the County's affordable housing deficit. The HTSCC's initial CMR: 444:10 10f3 funding endowment of $20 million was met in two years and included contributions from public jurisdictions in the County, major employers and private foundations. On October 23,2000, the City Council approved a contribution of $500,000 from the City's Residential Housing Fund, with the provision that the City's fund be used exclusively for qualifying affordable housing projects located within Palo Alto. The City provided additional funding in the amount of $150,000, $100,000, and $100,000 in 2004, 2009, and 2010, respectively. On June 21, 2010, the City Council adopted the budget for FYI Dill which includes an allocation of $100,000 from the Residential Housing Fund for a City contribution to HTSCC. DISCUSSION The City's participation in the Housing Trust has increased the available housing funding for a number of Palo of Alto projects. Since the execution of the Agreement with the City, the HTSCC has loaned approximately $2.74 million to non-profit housing developers for various projects in Palo Alto as shown below. Number of HTSCC Pro.iect Name Units Loan Amount Opportunity Center 89 $ 650,000 Oak Court Apartments 53 $ 400,000 Fabian Way Senior Housing 56 $ 689,439 Tree House 35 $ 500,000 801 Alma Family Housing 50 $ 500,000 Total 283 $ 2,739,439 In addition, the HTSCC invested close to $111,000, assisting 17 households purchase homes in Palo Alto through its first-time homebuyer program. Assisted households had an average income of $58,466, and the average home purchase price was $239,443. The City's adopted FY10111 budget includes an allocation of $100,000 from the Residential Fund to the HTSCC. Since the City has already entered into an agreement with the HTSCC and the terms for the use of the funds are unchanged, the existing Agreement needs only to be amended to reflect the additional contribution. RESOURCE IMPACT On June 21, 2010, the City Council adopted the budget for FYI 011 1 which includes an allocation of $100,000 from the Residential Housing Fund for a City contribution to HTSCC. The contribution of $100,000 will reduce the Residential Housing Fund to approximately $1 million from its available uncommitted current balance of approximately $1.1 million. No General Fund monies are being used. for this housing activity. POLICY IMPLICATIONS The recommendation furthers Comprehensive Plan policies that support addressing housing needs on a regional basis and working with outside agencies and other jurisdictions to develop and implement housing programs. CMR: 444:10 20f3 ENVIRONMENTAL REVIEW This action is not considered a project subject to the California Environmental Quality Act, as it would not cause a physical change in the environment. PREPARED BY: Senior Planner DEPARTMENT HEAD REVIEW: ~ \N~~ CURTIS WILLIAMS, Director Planning and Community Environment CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Attachment B: Amendment No. Four to the Agreement between the City of Palo Alto and Housing Trust of Santa Clara County, Inc. Agreement between the City of Palo Alto and Housing Trust of Santa Clara County, Inc. COURTESY COPIES Housing Trust of Santa Clara County CMR: 444:10 3 of3 ATTACHMENT A AMENDMENT NO. FOUR TO AGREEMENT NO C1136231 BETWEEN THE CITY OF PALO ALTO AND HOUSING TRUST OF SANTA CLARA COUNTY, INC., a California Nonprofit Corporation This Amendment No. Four ("Amendment") to Agreement No. CI136231 ("Agreement") is entered into , by and between the CITY OF PALO ALTO ("CITY"), and HOUSING TRUST OF SANTA CLARA COUNTY, INC., a California Nonprofit Corporation, ("HTSCC"). RECITALS: WHEREAS, on May 7, 2001, the Agreement was entered into between the parties regarding the City's initial contribution of $500,000 to HTSCC; and WHEREAS, on July 12, 2004, the Agreement was amended to reflect an increase in the amount of the City of Palo Alto's contribution to HTSCC by an additional $100,000 to be expended in fiscal year 2004-05 and an additional $50,000 to be expended in fiscal year 2005- 06; and WHEREAS, on April 16, 2007, the City Council approved a time extension allowing for the expenditure of the City's contribution of$50,000 made in fiscal year 2005-06 through fiscal year 2009-10; and WHEREAS, on May 11,2009, the Agreement was amended to reflect an increase in the amount of the City of Palo Alto's contribution to HTSCC by a second $100,000 to be expended through fiscal year 2013-14; and WHEREAS, on February 8, 2010, the Agreement was amended to reflect an increase in the amount of the City of Palo Alto's contribution to HTSCC by a third $100,000 to be expended through fiscal year 2013-14; and WHEREAS, pursuant to the provisions of Section 12 of Article III of the Chapter of the City Palo Alto, the Council on June 21, 2010 did adopt a budget for Fiscal Year 2010-11; and WHEREAS, the City Council allocated $100,000 in Residential Housing Fund for the City of Palo Alto's contribution to HTSCC for fiscal year 2010-11; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. Section 2 of the Agreement, entitled "Deposit of City's Residential Housing In-Lieu Funds into Endowment Fund" IS hereby amended to read, as follows: "City agreed to deposit the sum of $500,000 in the Endowment Fund within thirty (30) days after the mutual execution and delivery of this Agreement. City agreed to deposit an additional sum of $100,000 within thirty (30) days after the mutual execution of Amendment No. One to the Agreement and, subject to appropriation by the City Council, to deposit the sum of $50,000 by no later than thirty (30) days of the beginning of fiscal year 2005-06. The patties agree that the first additional sum of $100,000, which was to be deposited within thirty (30) days after execution of Amendment No. One to the Agreement, had to be expended in fiscal year 2004-05 and the $50,000, which was to be deposited within thirty (30) days of the beginning of fiscal year 2005-06, had to be expended through fiscal year 2009-IO.The second additional sum of $100,000, which was to be deposited within thirty (30) days of beginning of fiscal year 2008-09, shall be expended through fiscal year 2013-14.The third additional sum of $100,000, which was to be deposited within thirty (30) days of the beginning of fiscal year 2009-10, shall be expended through fiscal year 2013-14. City agrees to deposit the fourth additional sum of $100,000 within thirty (30) days after mutual execution of this Amendment No. Four to the Agreement, which shall be expended through fiscal year 2014-2015, and according to paragraph 3.2.2 of the Agreement." SECTION 2. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. II II II II II II II II II II II II II II II II II II II II II IN WITNESS WHEREOF, the parties have by their duly authorized representatives. executed this Amendment No.4 as of the date first above written. APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: ... Director of·Administrative·· Services Director of Planning and Community Environment Insurance Review ClTYOF PALO ALTO City. Manager HOUSING TRUST OF SANTA CLARA COUNTY, INC., a California nonprofit corporation Taxpaxer Identification No. . . "...3--OS,=! '5 I 3 s: (Compliance with Corp. Code & 313 is required If th. enlily on whose behalf this contcscl Is signed is a corporation. ]n the allemaUve, 8 certified corporatc~ resolution attesting to the sIgnatory authority of the individual signing In their respectIve capaoitles Is acceptable.) CERTIFICATE Or ACKNOWLEDGMENT (Civil Code § 1189) , STATE OF CALIFORNIA ) COUN,;.y OF "Sq 'I\. Tq C~q<tt ? On \'2.. ').'\0 ,beforeme, M<2\'\,S2:><tC,.k)\er,anotarypublicinand for said County, persortallyappeared \<..12.11\.. Ye..CL5.E?-I who proved to me on the basis of satisfactory evidence to be the person(st whose name(st Is:laJ:e. s\lbscribed to the within instrument and acknowledged to me th,at helst:lellJ:ley executed the ' same in his!t:lerllAelr authorized capjilcity(iest, and that by hls/Rer/thelr slgnature(e-) on the Instrument the person~), or the entity upon behalf of which the person(-sracted. executed the instrument. I certify Ulider penalty of perjury under the laws of the State of California that tlie foregoing paragraph is true and correct. WITNESS my hand and official seal. ~)i~~. Notary Public ' r·:~i,i~:j_.,>-... Wl.!'.N'~.~".~~ ~ . . MELISSA G. MILLER ff ' COMM. # 1742023 ;;' NOtARY PUBL.IC .. CALIFORNIA~ SAUTA CLARA COUI.JTY ....... Comm. 2011 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE· OF CALIFORNIA· ) . -. ) COUNTYOF-:2c,Js ClOie,,) On 1" (Droke! al, clJIO, before me~~dOr~ ~ l,.~ cA ,a notary public in and for said County, personally appeared tiZCwI-= who proved to . me on the basis of satisfactory evidence to be the person(sfwhose name(s)-is/ate subscribed tothe within instrument and acknowledged to me th~t h.e/sJ:lelt1J.e1 executed the same in his/I)eflthell' authorized capacity(~; and that by his/her/their signatureW on the Instrumentthe person(sf. or the entity upon behalf of which the person(s1" acted, executed the instrument. I certify under penalty of perjury under the laws of the St e of Callto la that the foregoing paragraph is true and correct. WITNESS my hand and official seal . .. Wl.l.~l!lf 1 • Commlalon" 179UN I Nola" fIubIIc • CoIIIomIa I J Sonia Clara County ~ • ••••• '~!,*,Mar''''012 f cassssse AGREEMENT BETWEEN CITY OF PALO ALTO AND ) ATTACHMENT B HOUSING TRUST OF SANTA CLARA COUNTY, INC. REGARDING A CONTRIBUTION TO THE SANTA CLARA COUNTY HOUSING TRUST FUND ENDOwMENT THIS AGREEMENT is made and entered into as of t-1. 1 . , 2001, by and between THE CITY OF PALO ALTO (City) and HOUSING TRUST OF SANTA CLARA .COUNTY, INC .. ("HTSCC"), a California nonprofit corporation. RECITALS A. The Housing Trust of Santa Clara County, Inc. Endowment Fund ("Endowment Fund"), an investment pool fund in which private corporations and public agencies participate, has been created by.the HTSCC for the purpose of establishing a revolving loan fund and grant-making program to address the issue of affordable, available housing in Santa Clara County. B. On January 22, 2001 the City 'Council of the City of Palo Alto adopted Budget Amendment Ordinance No. 4677. The Budget Amendment Ordinance provides for the transfer of Five Hundred Thousand Dollars ($500,000) in Residential Housing In-Lieu Funds to the Endowment Fund. C. The City's' Housing Reserve Guidelines require that the funds be used to provide assistance in expanding, preserving, or improving the supply of low and moderate housing in the City as defiJ;led in the City' 5 Comprehensive Plan. D. The City desires to increase, improve, or preserve affordable housing for persons and families of low and moderate income in the City of Palo Alto, by participating in the Endowment Fund as specified in this Agreement. E. The purpose of this Agreement is to set forth the mutual agreement of the City and. the HTSCC regarding the use of the City's Residential Housing In-Lieu Funds through the 1 010427 ,yo 0090828 Endowment Fund. In view of the above, the parties agree as follows: SECTION 1. AUTHORITY AND STATUS OF HTSCC HTSCC :represents and' warrants that the information contained in this Agreement is true and accurate to the best of its knowledge, and that it is a duly organized, validly existing nonprofit corporation in good ,standing under the laws of its place of incorporation; that its signatory to this Agreement is authorized by resolution, bylaws, or constitution of the nonprofit corporation, currently, in .full force and effect,to execute this Agreement on HTSCC's behalf. SECTION 2. DEPOSIT OF CITY'S RESIDENTIAL' HOUSING IN-LIEU FUNDS INTO ENDOWMENT FUND City agrees to deposit the sum of $'500,000 into the Endowment Fund within 30 days after the mutual execution and delivery of this Agreement. SECTION 3. USE OF CITY'S RESIDENTIAL' HOUSING IN- LIEU FUNDS 3.1 HTSCC ag,rees that no fees will be charged to City's Residential Housing In-Lieu Mitigation Funds on deposit in the Endowment Fund for administrative or overhead costs, including but not limited to funciraising expenses. The sole adrninistrati ve expenses which may be charged to City's Residential Housing In-L,ieu Funds on deposit in the Endowment Fund shall be as set forth in Section 6. 3.2 The communi'ty Foundation Silicon Valley shall serve as the Endowment Fund's fiscal agent, and the City's funds shall be paid directl'y to' them. All disbursements of the City's Residential Housing In-Lieu Funds from the Endowment Fund shall be in the form of loans secured by a deed of trust recorded against the property. The HTSCC shall consult, in advance, with the City Manager of Palo Alto, prior to making any loans. The initial disbursement of the funds shall be used only for one or more projects that meet all of the following criteria: 3.2. I The proj ect must provide rental housing or housing for the homeless. A project to provide home ownership assistance is not eligible. 2 010427 syn 0090828 ) 3.2.2 The pr.oj ect must increase, impr.ove or preserve aff.ordable h.ousing, .or h.ousing fer the h.omeless, in the 'Cit~ .of Pale Alt.o. 3.2.3 Such h.ousing must be aff.ordable t.o pers.ons and families .of lower very lew inc.ome h.ouseh.olds as ,th.ose terms are defined by the Department .of H.ousing and Urban Devel.opment as pertains t.o' the San J.ose Metr.op.olitan Statistical Area. 3.2.4 The HTSCC shal.1 use the. City's Residential H.ousing In-Lieu Funds t.o increase, impr.ove or preserve aff.ordable h.ousing fer h.omeless individuals and families and/.or aff.ordable rental h.ousing for pers.ons and families .of lew or very lew inc.ome h.ouseholds, by meth.ods of pr.oviding, financial assistance that include, but are nat limited t.o, the meth.ods set forth in Calif.ornia Health and Safety Cede Section 33334.2 (e), excluding subsecti.ons' (4) and (8). 3.2.5 Any new .or substantia11y rehabilitated, housing that is devel.oped, financed .or assisted, in' wh.ole .or in part, with the City's Residential H.ousing In Lieu Funds shall remain available at affordable h.ousing c.osts t.o pers.ons and families' .of',low .or very lew, inc.ome h.ouseh.olds, as the case may be, for the longest feasible time, but net less than thirty (30) years fer rental units. The HT,SCC ,shall require the recording in the o'ffice of the C.ounty Recorder' .of c.ovenants or restricti.ons implementing this Secti.on 3.2.5 fer each parcel .or unit .of real pr.operty subject t.o this Secti.on 3.2.5, which covenants .or restricti.ons shall run with the land and shall be enforceable against the .original .owner and success.ors in interest, by the City .or the HTSCC. 3.2.6' There shall be n.o discriminati.on against .or segregati.on .of any person, .or gr.oup .of pers.ons, .on account .of race, c.ol.or, religi.on, nati.onal .orJ.g~n, ancestry, gender, marital status, sexual preference, .or handicap status in the sale, lease, sublease, transfer, use, occupancy, tenure .or enj oyment ,.of any such proj ect, .or any part thereof, nor shall any recipient of the City's Residential Housing In-Lieu Funds, .or any person claiming under ,or through such pers.on, establish .or permit any such practice or practices of discrimination .or segregati.on with reference to the selection, location, number use or .occupancy of tenants, lessees, subtenants, sublessees, or vendees of any such project. 3 010427 'yn 0090828 3.2.7 The· restrictions of this Section 3.2 shall apply to the initial use of the City's Residential In-Lieu 'Hoilsing Funds by the HTSCC. 3.2.8 The HTSCC shall refund to the City any portion of the City Residential Housing In-Lieu Funds that have not been disbursed or contractually conunitted to be disbursed in accordance with this Section 3.2 by the date that is thirty-six (36) months after the date of this Agreement. If the City's Residential Housing In-Lieu Funds are disbursed or contractually conuni tted to be disbursed in accordance with this Section 3.2 within such 36-month·period, the HTSCC shall have no obligation to repay any portion of the City's Residential ·Housing In-Lieu Funds to the City. 3.3 All disbursements by the HtSCC shall be made after· consul tation with the City Manager of Palo Alto· and with the advice and suggestion of the HTSCC Board of Directors which includes two members of the Santa Clara County Board of Supervisors. The HTSCC shall follow the recommendations regarding disbursements rendered by the Endowment Fund Steering Conunittee unless to do so would be a violation of law, this Agreement, or the HTSCC's Articles of Incorporation or Bylaws. SECTION 4. INVESTMENT OF THE FUND The HTSCC shall hold, manage, invest and reinvest the Endowment Fund in accordance with the "reasonably prudent person standard. Provided, inyestment ·of the funds contributed by the City under this Agreement shall be limited to money-market funds of the type described in Government Code Section 53601 (k) (2). SECTION 5. FINANCIAL REPORTS· 5.1 The HTSCC sh.all establish and accordance with complete record Endowment Fund. generally accepted accounting of all financial transactions maintain, in: principles, a related to the 5.2 The HTSCC shall provide City with quarterly reports which shall set forth in detail all financial transactions· related to the Endowment Fund. The HTSCC shall also provide City with a copy of its audited report, prepared by independent certified public accountants annually. 4 010427 'yn 0090828 " . ) \ I HTSCC shall provide City with a written report on the initial expenditure of the City's Residential" HouS!ing In Lieu" Funds, including, at a minimum, for each project assisted" with City's Residential Housing In-Lieu Funds, the following information: location and, description of the assisted project (s); number of units; rent and income restrictions; and term of "restrictions. 5.3 The SECTWN 6. ADMINISTRATIVE FEES The HTSCCmay charge "an annual administrative fee equal to one percent (1% l. of the" fair" market value of the Endowment Fund against the Endowment Fund. "The HTSCC may also charge against the Endowment Fund reasonable bank "fees. One-Twelfth (1/12) of the annual" fees will be deducted monthly. The HTSCC shall report the fees charged 'against the ,Endowment Fund in its quarterly and annual reports. SECTION 7. NOTICES Any communication or notice which either party is required to send to the other or which either party desires to send to the other, shall be in writing and shall be 'either personally delivered or mailed in the United States mail, postage prepaid, to the respective parties addressed as follows: City: HTSCC: City Manager City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Housing Trust of Santa Clara County, Inc. 111 West St. John ,Street, Suite 710 San Jose, CA 95113 Either party may change its address by sending notice of the new address to the other party pursuant to this Section. SECTION 8. COMPLIANCE WITH ALL LAWS The HTSCC shall comply ordinances, codes and regulations local governments. 5 010427 .yn 0090828 with all applicable laws, of the federal, state and , } SEC.TION 9. MISCELLANEOUS PROVISIONS A. The parties agree that this Agreement shall be governed and construed in accordance with the laws of ,_ the State of Cali fornia. In the event that suit shall be brought -by either party to. this Agreement, the parties agree t)1at venue shall be exclusively vested in the state courts of the County of Santa -(,lara, or where otherwise appropriate, eXClusively in the United States District Court; _ Northern District of California, San Jose, California. B. .The headings of the sections and subsections of this Agreement are inserted for convenience only. They do not consti tute-a part of this agreement and shall not be used in its construction. c. The waiver by any_ party to this Agreement of a any prov~s~on of this Agreement shall not be continuing waiver or a waiver of any subsequent that or any other provision of this Agreement. breach of deemed .a breach of D. Any and all exhibits, which are referred to in this Agreement, . are incorporated herein by reference and are deemed a part of this Agreement. This Agreement may only be amended by formal written agreement executed by both parties. E. If a court of competent jurisdiction adjudges any provision- of this -Agreement as void or unenforceable, the remaining provisions shall not be affected hereby and shall remain in full force and effect; provided that construction of the agreement without. the invalid or unenforceable provision does not deprive the parties of the benefit of their bargain. 11/ II II II II II 6 010427 'yn 0090828 , , ) . Where this agreement refers to City and no Officer of the 'City is named, . the City Manager. shall have the authority to act on the City's behalf. Frank nest City Manager APPROVED AS TO FORM: \V¥W2.'~ S~Asst. City Attorney APPROVED~ Services 010427 syn 0090828 7 HOUSING TRUST OF SANTA CLARA COUNTY, INC. BY:.~~ 'ris Block Executive Director By: .~ 14' Name ~. ~tMl-b Taxpayer Identification No. 77-0545135 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is s,igned is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respecti ve capacities is acc.eptable). ) CERTIFICATE OF ACKNOWLEDGMENT STATE OF M4fO/U/i ft COUNTY OF ~1rNrft UMA (Civil Code 1189) ss. \ ) On M~'.1? ,2001, before me, the undersigned, a Notary Public in .and for said County and State, personally appeared ut/USJf) 'P1Jt2R /SW{j' , personally known to me or proved to me on the basis of satisfactory evidence to be· the person <¥} whose name on is/aXe subscribed to the within instrument and acknowledged to me that he/~e/th~y executed the same in his/h)trlt!¥ir authorized capaci ty (ie.e) , and that by his/h~/thfir signature ():J on the instrument the person rf.), or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. si '. 8 010427 syn 0090828 '., , .' , ! ) CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California } -=(>::..:.A,-,-.'_-rl~---'<.J' "==I~",--A ___ ' ss. County of ..:> ,., I 'I ~ On M W 7, cl/JO/ ,before me, -----'='~~~~;;t,:;~~lfoiot~F=.w.' D8\e . I personally appeared _....t:~:::.Jw.!J.!::£!<./.T __ -=S:J.If,L· ~r:::J)"¥.: .JtkP~~.i~6::';.:;-________ _ .::;;!.~nl!r(s) -, .:. Place Nolsl)' Seal Above ," . o personally known to me iii3 proved to me on the basis of satisfactory (evidence to be the person~ whosename(J'j is/~ subscribed to the Wi~h' 'nstrument and acknowledged to me tha f}(l/!P\ey executed the same in hisfli r/t~ir. authorized capacity(~), and that by his/h~/fh~ slgnature(~ on the instrument the perso~, or the entity upon be.half of which the perso~) acted, executed the instrument. OPTIONAL------------------- Though the information below is not required by law, it may prove valuab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache~ocu~en /J. • A ••. II,!;, /J. A ()pt il. . "I .. Tille or Type of DrZr:£t: PP;~ ri."'ff i f/@) I([JA -\ 1¥U4ftcg ;a«d Document Date: HtrJ-"':'4~ Number of Pages: ---+r-.---- Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer Signer'S Name: I?O fiEld" .s.1ftf1?l1tW o Individual l)!, Corporate Officer -Title(s): b Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: _____ ~ _________________ _ RlGtifTHUMBPRINT OF SIGNER Top of thumb here. Signer Is Representing: _____________________ L ____ ..J 'I 'I 1 01999 Naflonal NOlaryAs5oelnIiOll' 00.00 De SOlO Ave., P.O. ao~ 2402' ChIlISWOl1h. CA91313·2402' www.llIIl1onalnolllry.org Prod. No. 5907 R&D/dar. call TolI·Fllm 1·8()O.87&6827 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: DECEMBER 13, 2010 CMR:449:10 REPORT TYPE: CONSENT SUBJECT: Approval of Agreement with Association of Bay Area Governments for Local Agency Participation in Grant-Funded Bay Area-Wide Trash Capture Demonstration Project RECOMMENDATION Staff recommends that Council authorize the City Manager or his designee to execute the attachea agreement with the Association of Bay Area Governments (ABAG) for Local Agency Participation in the Grant-Funded Bay Area-Wide Trash Capture Demonstration Project and to negotiate and execute a related procurement and design contract with an ABAG-preferred trash capture device vendor. BACKGROUND In October 2009, the San Francisco Bay Regional Water Quality Control Board (Water Board) issued a new regional National Pollutant Discharge Elimination System (NPDES) permit to the City of Palo Alto and 76 other Bay Area entities for discharge of municipal storm water to local creeks and San Francisco Bay. This Municipal Regional Permit (MRP) specifies programs and measures to be conducted by local agencies to minimize storm water pollution over the next five years. One of the key areas of emphasis in the MRP is a new mandate to reduce the amount of trash entering local waterways via municipal storm drain systems. The MRP requires the development and implementation of a Bay Area-wide plan to reduce the amount of trash by 40% by the year 2014, with the stated goal of completely eliminating trash attributable to storm drains by 2022. The two primary trash management requirements are the identification and annual clean-up of trash hot spots in local creeks and the installation of trash capture devices in municipal storm drain systems. The MRP specifically requires the City of Palo Alto to identify two creek trash hot spots and to install manufactured devices in its storm drain system that will achieve "full capture" of trash from atributary watershed area of at least 84 acres prior to July 2014. The "full capture" standard is defined in the MRP as "any single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour, storm in the sub-drainage area". In practical terms, the full capture devices must trap solids in storm water runoff down to the size of a cigarette butt. The devices are designed to filter out and capture trash without decreasing the capacity of the storm drain system to convey runoff during storm events. CMR:449:10 Page 1 of4 In order to help local agencies to comply with the MRP's trash management requirements, the Association of Bay Area Governments (ABAG) has secured a $5 million grant from the State Water Resources Control Board to be used for the purchase of trash capture devices. ABAG staff and regional storm water managers have developed a formula to distribute the grant dollars to individual local agencies based on their population and amount of commercially-zoned land area. The initial allocation of ABAG grant funds available to the City of Palo Alto is $52,445. This allocation may increase depending on the level of participation by Bay Area agencies in the ABAG grant program. Any allocations not claimed during the initial phase of the program (by December 31, 2010) will be redistributed to the participating agencies. ABAG also conducted a Request for Proposals (RFP) process to solicit written proposals from vendors to provide trash capture devices and related sizing, siting,' and design services to local agencies. ABAG and Water Board staff have reviewed the proposals and determined which devices comply with the MRP's trash capture requirements. Local agencies may piggyback on the proposals as a means to select a preferred vendor to install a trash capture device in their jurisdiction. DISCUSSION Public Works staff has been devising a City-specific trash management plan since the MRP was adopted by the Water Board in October 2009. Staff has selected segments of Adobe and M~t~dero~Creek~near Highway 101 as Palo Alto's two designated trash hot spots and worked cooperatively with staff from the cities of Menlo Park and East Palo Alto and the San Francisquito Creek Joint Powers Authority (JPA) to identify two locations along San Francisquito Creek for their hot spots. The City of Menlo Park has selected San Francisquito Creek between EI Camino Real and the Alma Street BicyclelPedestrian Bridge, and the City of East Palo Alto has selected the reach of creek between Manhattan Avenue and University Avenue. Staff led a joint effort by Palo Alto, Menlo Park, East Palo Alto, the JP A, and the San Francisquito Watershed Project to conduct two trash clean-up events at the four hot spots during 2010. During these creek clean-ups, which were scheduled to coincide with Coastal Clean-Up Day and National Rivers Clean-Up Day, over 6400 pounds of trash was removed from these local creeks. These annual clean-up events have been conducted for the past five years and will continue in the coming years. . Public Works staff has also been studying the options for complying with the MRP's full trash capture requirements in an effective and efficient manner. The two basic compliance strategy options are 1) installing a large number of small-scale trash capture devices at individual storm drain catch basins, or 2) installing one or more large-scale devices within the storm drain pipeline network to capture trash from the entire drainage system upstream of the device(s). The small-scale devices have a lower initial capital cost, but higher maintenance costs due to their widespread multiple locations and a greater tendency to clog with leaves and other debris. Although the large-scale devices cost more to purchase and install, they are relatively much easier and less expensive to maintain. Primarily based upon the substantial potential for maintenance savings and the limitations of Palo Alto's small storm drain maintenance staff (two crew members and a half-time supervisor), staff has decided to utilize a single large-scale trash capture device to comply with the MRP requirements. Based on maintenance accessibility, watershed size requirements, and land use criteria, the device is tentatively proposed to be installed in a 30" -diameter storm drain on Ross Road that collects runoff from the Midtown commercial district and the surrounding residential neighborhood. The final location will be CMR:449:1O Page 2 of4 determined during the procurement process, dependent on the exact type and size of trash capture device selected. ABAG has offered an initial grant program allocation of $52,445 to the City of Palo Alto for the purchase of a trash capture device. In order to claim the available grant funds, Council must approve the attached agreement. Based upon preliminary research conducted by staff, the grant fund allocation will pay for approximately 70% of the estimated purchase cost of a large-scale trash capture device. The balance of the dollars needed to purchase and install the device will corne from funds previously appropriated in the Storm Drain System Replacement and Rehabilitation Capital Improvement Project (CIP No. SD-06101). By executing the attached agreement and accepting the associated grant funds, the City of Palo Alto agrees to install and maintain a trash capture device in its municipal storm drain system for a minimum term of twenty-five years. The agreement also obligates the City to conduct regular maintenance of the device, to collect and document maintenance and monitoring data, and to submit the data to ABAG on a regular periodic basis. Since the grant funds originated from the American Reinvestment and Recovery Act (ARRA) federal stimulus program, the agreement also requires the City to comply with various ARRA Program requirements and to specify that contractors hired to install the trash capture device shall pay prevailing wages in compliance with the Davis- Bacon Act. Following the approval of the attached ABAG grant agreement, staff will follow a two-step process to purchase and install a trash capture device into the City's storm drain system. First, staff will review the proposals received by ABAG and select a preferred vendor to 1) provide a trash capture device compliant with the MRP full capture standard, and 2) provide design services to prepare plans and specifications for the installation of the proposed trash capture device. Staff will then use the plans an4; sp¢'cifications prepared by the selected vendor to solicit competitive bids by licensed contactors to install the trash capture device. Per the terms of the attached agreement, once the trash capture device has been installed to the satisfaction of the City, ABAG will distribute the grant funds directly to the trash capture device vendor to partially cover the purchase price. The City will be responsible for paying the vendor the balance of the purchase price as well as paying the contractor the full cost of installation. RESOURCE IMPACT Approval of the attached agreement will secure $52,445 in funds from the ABAG Bay Area- Wide Trash Capture Demonstration Project grant program to be applied towards the City of Palo Alto's purchase of a large-scale trash capture device. The remaining funds needed for purchase and installation of the device are available in the Storm Drainage Fund Capital Improvement Program Project No. SD-06101, Storm Drain System Replacement and Rehabilitation. Funds for the long-term maintenance of the trash capture device will be available in the annual Storm Drainage F~d maintenance and operations budget, utilizing existing st~ff resources. POLICY IMPLICATIONS Execution of the attached agreement is consistent with a number of policies and programs contained in the Comprehensive Plan: CMR:449:10 Page 3 of4 ATTACHMENT A ASSOCIATION OF BAY AREA GOVERNMENTS Agreement for Local Agency Participation in Grant-Funded Bay Area-wide Trash Capture Demonstration Project This agreement is made and entered into effective , 2010, by and between the Associati on of Bay Area Governments (ABAG), a public entity formed under the California Joint Exercise of Powers Act, Government Code Sections 6500, et seq. and the City of Palo Alto (Palo Alto), a City. Recitals A. ABAG and the California State Water Resources Control Board (State Water Board) have entered into Project Finance Agreement No. 09-823-550 (PFA) in the amount of$5,000,000 (five million dollars) for Clean Water State Revolving Fund Project No. C-06-6441-11 0, the Bay Area-wide Trash Capture Demonstration Project (Project). Funding is provided by the federal American Recovery and Reinvestment Act of2009 (ARRA). The PFA and amendments are located at http://www.bayareatrashtracker.orglcontent/contract-resources B. The Project is comprised of the following elements: acquisition of trash capture devices (TCDs), provision and/or installation of TCDs in existing storm drainage infrastructure, maintenance of installed TCDs and monitoring of installed TCDs .. C. Palo Alto is one of many local government entities that are eligible to participate in the Project (collectively, "Potential Participants") by facilitating installation of the TCDs in its existing storm drainage infrastructure and by mail1taining and monitoring installed TCDs, as set forth in the attached Exhibit A, Scope of Work, which is incorporated herein by this reference. D. ABAG issued Requests for Proposals for small capacity trash capture devices (small TCDs) and for high flow capacity trash capture devices (large TCDs) (collectively, "TCDs") and assembled a panel of vendors for devices in both categories that can meet minimum trash capture permit requirements when properly installed and maintained. E. ABAG has contracted with each vendor on the panel to furnish, and if requested, install small TCDs selected by Participating Entities [as defined in section 2(a)]; and to provide large TCDs; and for ABAG to pay the cost thereof. F. ABAG has made an initial determination that each Potential Participant will have access to a portion of the funds available under the PF A (PF A Funds) for the acquisition and installation of TCDs, all as shown in Exhibit A-I. ABAG and Palo Alto mutually agree as follows: 1. Initial Allocation and Current Balances. Palo Alto has access to $52,445 (fifty-two thousand, four hundred and forty-five dollars) in PFA Funds to acquire and install TCDs. PFA Funds may only be used to fund or defray the costs of acquiring and/or installing TCDs from the panel of vendors listed in Exhibit A-2 (see section 3). ABAG will calculate the amount ofPFA Funds to which Palo Alto has access on any given day by reducing the initial allocation by the amount encumbered by TCDs on order (see section 3) and amounts paid . for accepted TCDs. This information will be posted at http://www.bayareatrashtracker.org/content/contract- resources and will be adjusted on an as-needed basis. 2. Reallocations. (a) Palo Alto acknowledges that the success ofthe Project depends on maximum use of the PFA Funds and that greater use may be achieved by reallocating access to PF A Funds among the Potential Participants that have executed an "Agreement for Local Agency Participation Grant Funded SF Bay Area Trash Capture Demonstration Project" by January 1, 2011 (Participating Entities). All reallocations will be reflected in the current balance (see section 1). (b) All of the initial allocations for any Potential Participants that have not executed an "Agreement for Local Agency Participation Grant Funded SF Bay Area Trash Capture Demonstration Project" by January 1, 2011 will be reallocated among Participating Entities by ABAG at its sole discretion after soliciting input from the Project's Technical Advisory Group. Reallocations under this provision will be implemented by written notice from ABAG to each Participating Entity that is given access to the additional PF A Funds. Palo Alto agrees that any written notice(s) it receives pursuant to this section will automatically amend the allocation in section 1 in accordance with its terms. (c) ABAG may reallocate access to any unused PFA Funds during the period from January 1,2011 to March 1,2011 as follows: ABAG will provide written notice of the proposed reallocation to the affected Participating Entities no less than 30 (thirty) calendar days prior to the date that ABAG intends to implement the reallocation. The affected Participating Entities and ABAG may negotiate a different reallocation and implement it by a writing executed by the authorized representatives of the affected Participating Entities and ABAG. If the affected Participating Entities and ABAG cannot agree on a different reallocation, ABAG may (i) unilaterally implement the reallocation described in the notice on the date set forth therein or (ii) rescind the notice. Palo Alto agrees that ABAG may unilaterally amend Palo Alto's allocation in accordance with this subsection (c). 3. Ordering TCDs. ABAG has published a document that lists and describes all available TCDs, which is labeled Exhibit A-2 and is online for downloading at http://www.bayareatrashtracker.org/content/trash- capture-devices, and may be amended from time to time by ABAG. To order a TCD, Palo Alto must submit to ABAG a completed Purchase Order signed by representatives of Palo Alto and the vendor of the TeD in tl1~iQml a!t!!(:Qed to this Agreement as Exhibit A-3. Palo Alto is responsible for negotiating and reaching agreement with the vendor on the additional information required by the Purchase Order, and such other additional terms and conditions as Palo Alto and the vendor deem necessary, including without limitation, location of installation, date of delivery or installation, per unit cost, design, engineering and other technical collaboration or assistance. Palo Alto is responsible for coordinating its ordering of TCDs in a manner that entitles it, alone or in conjunction with others, to discounted prices for TCDs. The Purchase Order is not effective until approved by ABAG. ABAG may unilaterally amend Exhibit A-2 from time to time to reflect changes in TCD availability or specifications or vendor information. 4. Project Sites. Palo Alto must locate all TCDs acquired under this agreement at locations (Project Sites) that meet the requirements set forth in Exhibits D-l through D-4, inclusive (Certifications). 5. Accepting TCDs. Upon Palo Alto's acceptance of a TCD, ABAG will pay the vendor of the TCD. Palo Alto may accept a TCD only by submitting to ABAG a completed Notice of Acceptance executed by Palo Alto and the vendor. Payment will be made after ABAG approves the Notice of Acceptance, attached to this Agreement as Exhibit A-4. The Notice of Acceptance Form is available online for downloading at http://www.bayareatrashtracker.orglcontentlcontract-resources and may be amended from time to time by ABAG. 6. Deadline for TCD Installation. ABAG will not approve any Notices of Acceptance submitted for any TeD installed after November 1, 2012. Palo Alto acknowledges and accepts the risks described in section 9 that may result from Palo Alto's failure to comply with the installation deadline. 7. Vendor Contracts. Palo Alto's right to order and acquire a TCD is based on its status as a third party beneficiary of ABAG's contract with the vendor of the TCD. The current version of ABAG's contract with each vendot is online at http://www.bayareatrashtracker.org/contentitrash-capture-devices 8. Transfer of Rights to TCDs. Immediately upon ABAG's approval ofthe Notice of Acceptance and payment to the vendor for a TCD, all rights to said TCD, including but not limited to title, warranties, and protection from patent infringement claims, are transferred to Palo Alto. 2 9. Fabrication and Installation Risk. If for any reason, Palo Alto and the vendor ofthe TCD do not submit a Notice of Acceptance, or ABAG disapproves the Notice of Acceptance for a TCD, agrees that if there is any liability to the vendor for amounts owed for the TCD or for any damages, Palo Alto, and not ABAG, will be solely liable to the vendor for any amounts owed or damages caused thereby. 10. Operation and Maintenance ofTCD. Palo Alto agrees to provide for operation and maintenance of each TCD acquired under this agreement throughout the useful life of the TCD (not to exceed 25 years). 11. Monitoring. See Exhibit A, Scope of Work, for monitoring requirements. 12. Hold Harmless. Contractor shall hold harmless, defend and indemnify ABAG, its directors, officers, agents and employees from and against any and all liability, claims, losses, or damages arising from all acts or omissions to act of Contractor or its officers, agents, employees or subcontractors in rendering services under this agreement, excepting liability, claims, losses or damages based solely on ABAG's acts or omissions. 13. Entire Agreement. This agreement and its attachment are entire as to the activities covered by it. This agreement supersedes any and all other agreements either oral or in writing between ABAG and Palo Alto with respect to the subject matter hereof. ABAG and Palo Alto acknowledge that no representations, inducements, promises or agreements, orally or otherwise, have been made to any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other contracts, statement, or promise not contained in this agreement shall be valid or binding. 14. Conflict ofInterest. Palo Alto covenants that presently there is no interest, and none shall be acquired, direct or indirect, which conflicts in any manner or degree with its performance as required under this agreement. Palo Alto further covenants that in the performance of this agreement, no person having any interest shall be employed by it. 15. Notices. Any notices, demands, or elections required or permitted to be given or made hereunder shall be in writing, shall be personally delivered or mailed by certified or registered mail, return receipt requested, addressed to the Authorized Representatives of the respective parties as follows: ABAG San Francisco Estuary Partnership 1515 Clay Street, Suite 1400 Oakland, CA 94612 Attn.: Janet Cox, Contract Manager Phone: (510) 622-2334 Email: iwcox@waterboards.ca.gov City City of Palo Alto 250 Hamilton Ave 6th Floor Palo Alto, CA 94301 Attention: Joe Teresi Phone: 650.329.2129 Email: joe.teresi@cityofPaloalto.com 3 EXHIBIT A SCOPE OF WORK The Bay Area-Wide Trash Capture Demonstration Project is funded by the State Water Resources Control Board Clean Water State Revolving Fund (CWSRF) with funds from the American Reinvestment and Recovery Act (ARRA). The San Francisco Estuary Partnership (SFEP), a project ofthe Association of Bay Area Governments (ABAG) will administer the project, which will retrofit and/or improve storm drainage infrastructure in order to address trash pollution in San Francisco Bay and local creeks. The project will demonstrate to municipalities and the public that trash can be managed, and that reductions in the volume oftrash enhance the Estuary and its water quality. Municipal staff will gain experience with, and share information about, different types of trash capture devices. The project will facilitate early compliance with the San Francisco Bay Regional Water Quality Control Board's Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit affecting Phase I communities, and anticipated requirements for operators of small municipal separate storm sewer systems (Phase II). SFEP/ABAG has developed an initial distribution of project resources, posted at http://www .bayareatrashtracker.org/content/contract-resoufces, which allocates a proportion of available funds to all project area municipalities (Exhibit A-1) based on population and regulatory requirement to capture trash. This allocation will be revised to reflect the municipalities that choose to contract with ABAG and join the project. SFEP/ABAG has solicited proposals from, and is contracting with vendors to provide trash capture devices for installation in municipal storm drain systems throughout the project area, in a range of scales and designs appropriate to different locations and conditions. All construction: must be complete, and all devices installed, by November 1, 2012. The project completion date (end of project term) is December 1,2013. Participating entities that opt to join the project will undertake the following tasks: 1. Contract with the Association of Bay Area Governments to participate in the Bay Area-wide Trash Capture Demonstration Project. This contract includes provisions required by both ARRA and the CWSRF. 2. Review the list of vendors and trash capture devices included in the project (Exhibit A-2); identify high trash-generating locations for installation of devices; and work with vendors' representatives to select and size devices appropriate to those sites. Each individual installation must either be covered by the Project's categorical exemption from requirements ofthe California Environmental Quality Act (CEQA Guidelines Section 1 5302(c), Replacement or Reconstruction), or the municipality must submit to ABAG complete CEQA documentation that was been duly filed with the Governor's Office of Planning and Research before September 15,2009. 3. Complete a purchase order form (example in Exhibit A-3) fOf each vendor of selected devices, specifying devices and locations; sign the form along with the vendor's representative; and submit to the SFEP project manager. Submit multiple purchase orders if necessary. 4: Either supervise installation of each device by the vendor; install the device with municipal staff labor; or contract separately with an appropriate installer (using municipal funds unless otherwise arranged with ABAG legal staft) to place the device in accordance with specifications. ~ When the device is properly installed and functioning, complete a Notice of Acceptance (Exhibit A-4) and submit the ABAG.-When a representative of the city or county signs the Notice of Acceptance, ownership and responsibility for upkeep and maintenance of the device pass from ABAG to the municipality . 6. Display a project placard, to be provided by ABAG, in city/county offices or other appropriate public space 7. Maintenance: Municipal staff will perform or supervise appropriate regular maintenance of each device according to manufacturer's instructions or best practices. Each device will be maintained so as to maximize effectiveness and minimize both flooding and flow of trash through the storm drainage system; 5 and to filter the one-hour/one-year storm at all times. The municipality will maintain the device in good working order for the useful life of the TCD (not to exceed 25 years), unless otherwise authorized by ABAG and the State Water Resources Control Board Division of Financial Assistance. 8. Monitoring and reporting: Municipal staffwill use the online reporting website operated by ABAG/SFEP to record the following: a. Installation/location i. Device inventory number, name, and type ii. Size/capacity of device iii. Installation location iv. Catchbasin dimensions, if applicable v. Outflow pipe diameter vi. Best estimate of catchment area (required for high flow capacity devices, optional for small devices) vii. Major land uses in catchment, estimated percentages (high flow capacity devices); or dominant land use adjacent to catchbasin (small TCDs) b. Maintenance reporting for each maintenance event during the project term: i. Date of maintenance ii. Staffing, time, and equipment required to perform maintenance iii. Estimated percentage full at time of maintenance iv. Optional: 1. Condition of catchbasin and device 2. Characteristics of trash removed from device (visual estimate) 6 Alameda County Alameda Albany Berkeley Dublin Emeryville Fremont Hayward Livermore Newark Oakland Piedmont Pleasanton San Leandro Union City County of Alameda Contra Costa County Antioch Brentwood Clayton Concord Danville El Cerrito Hercules Lafayette Martinez Moraga Oakley Orinda Pinole Pittsburg Pleasant Hill Richmond San Pablo SanRamon Walnut Creek County of Contra Costa EXHIBIT A-l LIST OF POTENTIAL PARTICIPANTS Marin County Belvedere Corte Madera Fairfax Larkspur Mill Valley Novato Ross San Anselmo San Rafael Sausalito Tiburon County of Marin Napa County American Canyon Calistoga Napa St Helena Yountville County of Napa San Mateo County Atherton • Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo Santa Clara County Campbell Cupertino Los Altos Los Altos Hills Los Gatos Milpitas Monte Sereno Mountain View Palo Alto San Jose Santa Clara Saratoga Sunnyvale County of Santa Clara Solano County Benicia Fairfield Suisun City Vallejo County of Solano Sonoma County Petaluma Sonoma County of Sonoma 7 Devices not certified by the Water Board, but eligible for ordering by municipalities where they will be used in combination with full capture devices Device 10 Vendor Device Name ECI-2 Ecology Control Industries Surfgate (American Stormwater) G2-2 G2 Construction, Inc. Cam Lock Debris Gate G2-3 G2 Construction, Inc. FS 10 GFI-2 Gentile Family Industries ARS -automatic retractable screen (Waterway Solutions) KS-4 KriStar Enterprises, Inc. Trash and Debris Guard USW-2 United Stormwater, Inc. Clean Screen III XP-2 Xeripave LLC Intill existing grate XP-3 Xeripave LLC Storm Grate and Lintel WCS-2 West Coast Storm, Inc. ARS -automatic retractable screen High Flow ,Capacity Devices with Water Board certification -------------- Device 10 Vendor Device Name BC-5HF Bio Clean Environmental Services, Nutrient Separating Baffle Box Inc. CCP-1HF Contech Construction Products Continuous Deflective Separator (CDS) FCT-1HF Fresh Creek Technologies, Inc. Inline Netting Trash Trap KS-5HF KriStar Enterprises, Inc. CleansAIl KS-6HF KriStar Enterprises, Inc. Downstream Defender KS-7HF KriStar Enterprises, Inc. FloGard Dual-Vortex Hydrodynamic Separator KS-8HF KriStar Enterprises, Inc. . FloGard Perk Filter KS-9HF KriStar Enterprises, Inc. FloGard Swirl-Flo Screen Separator KS-10HF KriStar Enterprises, Inc. Nettech Gross Pollutant Trap -In Line RMC-1HF Roscoe Moss Company Storm Flo Screen Devices with Water Board certification to be approved on a case-by-case basis, pending the Water Board's determination that installation qualifies for CEQA Categorical Exemption 15302(c), "Replacement or reconstruction of existing utility systems and/or facilities ... " Device 10 Vendor Device Name FCT-2HF Fresh Creek Technologies, Inc. End of Pipe Netting Trash Trap KS-11HF KriStar Enterprises, Inc. Nettech Gross Pollutant Trap-End of Line 9 EXHIBIT A-3 SAMPLE PURCHASE ORDER FORM [Do NOT use this paper form. Use the electronic version downloadable from http://www.bayareatrashtracker.org/content/contract-resources] USE ONE FORM PER VENDOR. ATTACH ADDITIONAL SHEETS, SHOWING ALL INSTALLATION LOCATIONS, AS NECESSARY. THIS PURCHASE ORDER IS NOT FINAL UNTIL APPROVED BY ABAG P.O. No. (city/county name + 4-digit number) Date Municipality Information Vendor information City/County: Company name: Attention: Vendor Tax ID: Address Attention: Address , City Zip City State Zip Phone Fax Phone Fax Email Email Order Details (Use one row for each installation. Add rows as necessary) Line # Device Description / Model Location* Delivery Install / Price number Date Noninstall 1 2 Tax Shipping/delivery, if applicable TOTAL * Location must be specific (SW corner 6th St. & Main or GPS coordinates). See online form for specification instructions. I Special Conditions**: ** Attach additional sheets, showing all special conditions, as necessary. Approved by ______________________ Date: (Signature of authorized Representative, Participating Entity) Name (print) _______________________ Phone Approved by _______________________ Date: _________ _ (Signature of device vendor representative) Name (print) _______________________ Phone ________ _ Approved by _______________________ Date: (ABAG) OWP# 102147 10 EXHIBIT A-4 SAMPLE NOTICE OF ACCEPTANCE [Do NOT use this form. Use the electronic version downloadable from http://www.bayareatrashtracker.org/content/contract-resources] USE ONE FORM PER VENDOR. ATTACH ADDITIONAL SHEETS, SHOWING ALL INSTALLA TION LOCATIONS, AS NECESSARY. Date: _________ _ This form verifies installation of trash control device(s), as required by the State Water Resources Control Board Clean Water State Revolving Fund Project Finance Agreement with ABAG for the Bay Area-Wide Trash Capture Demonstration Project, Agreement No. 09-823-550. To: San Francisco Estuary Partnership Attn.: Janet Cox 1515 Clay Street, Suite 1400 Oakland, CA 94612 (510) 622-2334 Please be advised that [PARTICIPATING ENTITY NAME] has received the following goods (TCD), pursuant to Purchase Order # , dated _________ _ --Date ---~Line# Project device (from Description / Model Location Installed p.o.) number Tax Shipping/delivery (if applicable) TOTAL Price Authorized representatives of [PARTICIPATING ENTITY NAME] and [VENDOR NAME] have inspected the trash capture devices (TCD) which have been received and installed in good condition, with no defects and in conformity with the order. We accept the TCD(s) noted above and authorize ABAG to pay the vendor the total amount listed above, $XXX. Approved by ______________________ Date: (Signature of authorized Representative, Participating Entity) Name (print) _______________________ Phone ________ _ Approved by _______ ----------------Date: _________ _ (Signature of device vendor representative) Name (print) ______________________ Phone ________ _ Approval to pay by: ____________________ -Date: (Project Manager, SFEP) Comments/Instructions: • Payment will be based on this NOA. If Vendor is using its own invoicing system, the invoice must be attached to this NOA for payment. OWP# 102147 11 EXHIBITB STANDARD CONTRACT PROVISIONS 1. Definitions: "Contractor" as used in Exhibit B is Palo Alto. 2. Conflict ofInterest. No employee, officer, or agent of ABAG shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a) The employee, officer or agent; b) Any member of his or her immediate family; c) His or her partner; or d) An organization which employs, or is about to employ, any of the above has a financial or other interest in the firm selected for award. . ABAG's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. 3. Extensions of Time. The granting of or acceptance of extensions of time to complete performance by Contractor will not operate as a release to Contractor or otherwise modify the terms and conditions of this Tontract.- 4. Headings. The descriptive headings used in this Contract are for convenience only and shall not control or affect the meaning or construction of any of its provisions. 5. Prohibited Interest. Contractor's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. 6. Remedies Cumulative. The remedies conferred by this Contract upon ABAG are not intended to be exclusive, but are cumulative and in addition to all other remedies provided by law. 7. Severability. Should any part of this Contract be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect; provided that, the remainder of this Contract can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. 8. Insurance Requirements. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Contractor may satisfy all of the requirements of this section by documentation of its membership in a California government agency self-insurance risk pool with coverage at least as broad as the Insurance Requirements set out in this Contract. a. Minimum Scope ofInsurance. Coverage shall be at least as broad as: 1) fnsurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). 2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 12 4) Errors and Omissions Liability insurance appropriate to the Contractor's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. The City is not required to obtain Errors and Omissions Liability insurance for work and services provided by its own employees or officials. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by ABAG. At the option of ABAG, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects ABAG, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to ABAG guaranteeing payment of losses and related investigations, claim administration and defense expenses. (Including operations, products and completed operations, as applicable.). d. Other Insurance Provisions. The Contractor will cause its self-insurance government agency risk pool, to --proviCle-Clocumentation of the following: I) ABAG, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects ABAG, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by ABAG, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 (thirty) days' prior written notice by certified mail, return receipt requested, has been given to ABAG. 4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. e. Acceptability of Insurers. Based on Contractor's representation that its self-insurance agency risk pool is solvent and funded at prudent levels, ABAG accepts the coverage provided in lieu of commercial insurance. f. Verification of Coverage. Contractor shall furnish ABAG with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by ABAG before work commences. ABAG reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. g. Authority to Self-Insure. The requirements of this section may be satisfied by the provisions of equivalent coverage through a program of self-insurance which is certified in writing with an "Affidavit of Insurance", or functionally equivalent document. 13 EXHIBITC AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) and CLEAN WATER STATE REVOLVING FUND (CWSRF) CONTRACT PROVISIONS ARTICLE I: DEFINITIONS "Contractor" as used in Exhibits C, C-l, C-2, C-3, and C-4 is Palo Alto. "Project" as used in Exhibits C, C-l, C-2, C-3, and C-4 refers to the fabrication and installation of trash capture devices under a Purchase Order. "System" as used in Exhibits C, C-l, C-2, C-3, and C-4 means all nonpoint source control or estuary enhancement facilities (TCDs), together with all additions, betterments, extensions or improvements to such facilities, properties, structures, or works or any part thereof hereafter acquired and constructed. ARTICLE II: REPRESENTATIONS AND WARRANTIES 2.1 General Contractor Commitments. The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Contractor in its application, accompanying documents, and communications filed in support of its request for financial assistance. 2.2CompletiOn6f Project. The Contractor agrees to expeditiously proceed with and complete construction of the Project in substantial accordance with Exhibit A. 2.3 Project Certification. ABAG shall prepare a Project Certification that includes information collected by the Contractor in accordance with the Bay Area-wide Trash Capture Demonstration Project monitoring and reporting plan, a determination of the effectiveness of the Project in preventing or reducing pollution, and the results of the monitoring program. The Project Certification shall follow the general format provided by the Bay Area-wide Trash Capture Demonstration Project. Failure to submit a Project Certification, an affirmative certification, or a corrective action report that meets the above requirements and is satisfactory to the Division within 15 (fifteen) months of the Project Completion date will cause the State Water Board to stop processing any pending or future applications for new financial assistance, withhold payments on any existing financial assistance, and begin administrative proceedings pursuant to sections 13267 and 13268 of the Water Code. , 2.4 [not applicable] 2.5 Notice. The Contractor agrees to promptly notify the ABAG Contract Manager in writing of: (a) Litigation, circulation of a petition to challenge rates, consideration of bankruptcy, dissolution, or disincorporation, or any other thing that could negatively affect or jeopardize the Contractor's revenues used for operations, maintenance, and repairs of the Project during its useful life. (b) Any substantial change in scope of the Project. The Contractor agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to ABAG and ABAG has given written approval for such change; (c) [not applicable] (d) [not applicable] (e) Discovery of any potential archeological or historical resource. Should a potential archeological or historical 14 resource be discovered during construction of the Project, the Contractor agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State Water Resources Control Board, Division of Financial Assistance (Division) has determined what actions should be taken to protect and preserve the resource. The Contractor agrees to implement appropriate actions as directed by the Division; (t) Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species ,Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Contractor agrees to promptly notify the ABAG Contract Manager. This notification is in addition to the Contractor's obligations under the federal Endangered Species Act; (g) Any monitoring, demonstration, or other implementation activities such that the State Water Resources Control Board (State Water Board) and/or Regional Water Quality Control Board (Regional Water Board) staff may observe and document such activities; (h) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state and federal representatives with at least ten (10) working days notice; and, (i) Completion of Construction of the Project, and actual Project Completion. 2.6 Project Access. The Contractor agrees to insure that ABAG, the State Water Board, the Governor ofthe State, the United States Environmental Protection Agency (USEPA), the Office ofInspector General, any member of Congress, the President of the United States, or any authorized representative of the foregoing, will have suitable access to the Projectsite at.alLreasonable times during Project construction and thereafter for the life of the Project. The Contractor acknowledges that the Project records and locations are public records. 2.7 Project Completion; Initiation of Operations. Upon Completion of Construction of the Project, the Contractor agrees to expeditiously initiate Project operations. The Contractor agrees to make all reasonable efforts to meet the Project Completion date established in Exhibit A. Such date shall be binding upon the Contractor unless modified in writing by ABAG upon a showing of good cause by the Contractor. The Contractor shall deliver any request for extension of the Project Completion date no less than ninety (90) days prior to the Project Completion date. ABAG will not unreasonably deny such a timely request, but t~e Division will deny requests received after this time. 2.8 Continuous Use of Project; Lease or Disposal of Project. The Contractor agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the ABAG and the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all Project Funds together with accrued interest and any penalty assessments which may be due. 2.9 Reports. (a) [not applicable] (b) As Needed Reports. The Contractor agrees to expeditiously provide, during the term of this Agreement, such reports, data, and information as may be reasonably required by ABAG or the Division, including but not limited to material necessary or appropriate fo~ evaluation of the CWSRF Program or to fulfill any reporting requirements of the federal government. 2.1 0 [not applicable] 2.11 [not applicable] 15 2.12 [not applicable] 2.13 Signage. The Contractor shall post project posters inside its city hall and by posting notice on its website until the Completion of Construction date specified in Exhibit A. For both posters and website notices, the Recipient (ABAG) shall ensure the inclusion of the relevant logos and statements required by Section 2.13 ofthe CWSRF Project Finance Agreement with ABAG for the Bay Area-Wide Trash Capture Demonstration Project, Agreement No. 09-823-550. ARTICLE III: [not applicable] ARTICLE IV: MISCELLANEOUS PROVISIONS 4.1 Timeliness. TIME IS OF THE ESSENCE IN THIS AGREEMENT 4.2 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 4.3 Assignability. This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment. 4.4 [not applicable] 4.5 Compliance with Law, Regulations, etc. (a) The Contractor agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation ofthe foregoing, the Contractor agrees that, to the extent applicable, the Contractor will: (1) Comply with the provisions of the Categorical Exemption from California Environmental Quality Act requirements (15302(c)) associated with the Bay Area-wide Trash Capture Demonstration Project, for the term of this Agreement; (2) Comply with the State Water Board's "Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities," as amended from time to time; and (3) Comply with and require its contractors and subcontractors to comply with the list of federal laws certified to by the Contractor. 4.6 Conflict of Interest. The Contractor certifies that it is in compliance with applicable state and/or federal conflict of interest laws. 4.7 Damages for Breach Affecting ARRA Compliance. (a) In the event that any breach of any of the provisions of this Agreement by the Contractor shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State Water Board or ABAG to reimburse the federal government by reason of any arbitrage profits, the Contractor shall immediately pay the State Water Board or ABAG, as the case may be, in an amount equal to any damages paid by or loss incurred by the state due to such breach. 16 (b) In the event that any breach of any of the provisions of this Agreement by the Contractor shall result in the failure of Project Funds to be used pursuant to the provisions of ARRA, or if such breach shall result in an obligation on the part of the State Water Board or ABAG to reimburse the federal government, the Contractor shall immediately pay the State Water Board or ABAG, as the case may be, in an amount equal to any damages paid by or loss incurred due to such breach. 4.8 Disputes. (a) Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Division Deputy Director, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Contractor and to the State Water Board's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Contractor, the Contractor mails or otherwise furnishes a written appeal ofthe decision to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. ------ (c) The Contractor shall continue with the responsibilities under this Agreement during any dispute. 4.9 Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 4.10 [not applicable] 4.11 Independent Actor. The Contractor, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water Board or ABAG. 4.12 Non-Discrimination Clause. (a) During the performance of this Agreement, Contractor and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial offamily care leave. (b) The Contractor, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) The Contractor, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) The Contractor, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (e) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all 17 subcontracts to perfonn work under the Agreement. 4.13 No Third Party Rights. The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 4.14 Operation and Maintenance; Insurance. The Contractor agrees to properly staff, operate and maintain all portions of the Project for at least 20 years from the project completion date (see Exhibit A) years or the design life of the devices in accordance with all applicable state and federal laws, rules and regulations. The Contractor certifies that it has in place and will maintain a reserve fund for this purpose. See Exhibit D-l. The Contractor will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by the Contractor of a separate segregated self-insurance fund funded in an amount detennined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. ----------- In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net . proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Contractor shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall payout of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. 4.15 Penn its, Subcontracting, Remedies and Debarment. The Contractor shall procure all pennits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses shall be submitted to the Division before construction begins. Any subcontractors, outside associates, or consultants required by the Contractor in connection with the services covered by this Agreement shall be limited to such individuals 9r finns as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the State Water Board's Project Representative through ABAG during the performance of this Agreement. Any substitutions in, or additions to, such subcontractors, associates, or consultants, shall be subject to the prior written approval of the Division. The Contractor shall not subcontract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor shall not subcontract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code, § 4477) The Contractor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded by any federal department or agency; (b) Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to 18 obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation offederal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 4.16 [not applicable] 4.17 Contractor's Responsibility for Work. The Contractor shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Contractor shall be responsible for any and all disputes arising out of its contracts for work on the Project. Neither the State Water Board nor ABAG will mediate disputes between the Contractor and any other entity concerning responsibility for performance of work. 4.18 [not applicable] 4.19 Rights in Data. The Gontractor-agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State and ABAG shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State and ABAG reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Contractor upon request. (40 CFR §§ 31.34, 31.36) 4.20 State and ABAG Reviews and Indemnification. The parties agree that review or approval of Project plans and specifications by ABAG or the State Water Board is for administrative purposes only and does not relieve the Contractor of its responsibility to properly operate and maintain the Project. To the extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless ABAG and the State Water Board against any loss or liability arising out of any claim or action brought against ABAG or the State Water Board from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, ofthe System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Contractor for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Contractor agrees to pay and discharge any judgment or award entered or made against ABAG or the State Water Board with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 19 4.21 State Water Board and ABAG Action; Costs and Attorney Fees. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to ABAG or the State Water Board as a result of breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by ABAG or the State Water Board shall not preclude ABAG or the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees. 4.22 Termination; Immediate Repayment; Interest. (a) This Agreement will automatically terminate without written notice ifthe Contractor fails to meet the time lines in Exhibit A to the PFA and the ARRA special conditions of Exhibit C-2. Under such circumstance, the Contractor shall immediately pay all Project Funds received under this Agreement for purchase of the trash capture device, at the highest legal rate of interest. (b) Additionally, this Agreement may be terminated by written notice at any time prior to project completion by the Contractor, at the option of the State Water Board through ABAG, upon violation by the Contractor of any material provision of this Agreement after such violation has been called to the attention of the Contractor and after failure of the Contractor to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the Division through ABAG. In the event of such termination, the Contractor agrees, upon demand, to immediately pay to the State Water Board through ABAG an amount equal to the pur(;!1~e pric~_o{!he trash cap!ure device. 4.23 Unenforceable Provision. In the event that any provision ofthis Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 4.24 Useful Life of the Project. The useful life of the Project, commencing at Project Completion, is at least 20 years or the term of this Agreement, as set forth in Exhibit A hereto, whichever period is longer. 4.25 Venue. The State Water Board and the Contractor hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. 4.26 Waiver and Rights of the State Water Board. Any waiver of rights by ABAG or the State Water Board with respect to a default or other matter arising under the Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of ABAG or the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. 20 EXHIBIT C-l SPECIAL ENVIRONMENTAL, FINANCIAL AND OTHER PROGRAM CONDITIONS • The Contractor shall comply with the Special.Environmental, Financial, and Other Program Conditions listed in Exhibit D of the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash Capture Demonstration Project. See Exhibits D-2 and D-3 of this contract. • Reimbursement of Project expenses will be restricted to TCDs installed at locations where the Contractor has submitted a statement that explains certifications of access fa land, operation and maintenance, and no litigation to State Water Board staff. See Exhibit D-4. 21 EXHIBIT C-2 FEDERAL ARRA SPECIAL CONDITIONS The Contractor shall comply with the Federal ARRA Conditions in the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash Capture Demonstration Project, Exhibit E posted at http://www.bayareatrashtracker.orglcontentlcontract-resources ) of with the exception of section 1 (t). Section 1 (t) shall read: ' (t) Reports. In addition to the reports specified in this Agreement, the Contractor may be asked for quarterly reports related to the goals of ARRA, including jobs created or saved. The Contractor agrees to provide such reports, if requested, in an expeditious fashion. 22 EXHIBIT C-3 ARRA SECTION 1511 CERTIFICATION The Contractor shall comply with the Section 1511 Certification in the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash Capture Demonstration Project, Exhibit G. The CWSRF Project Finance Agreement is posted at http://www.bayareatrashtracker.org/content/contract-resources. 23 EXHIBITC-4 DAVIS-BACON ACT COMPLIANCE The Contractor shall comply with the Davis-Bacon Act requirements listed in Exhibit H (available for viewing from SFEP by request) of the CWSRF Project Finance Agreement with ABAG for the Bay Area-wide Trash Capture Demonstration Project. The Contractor shall comply with and use the Davis-Bacon wage determinations while working under this contract. The wage determinations can be found at: http://www.wdol.gov/dba.aspx#3. 24 EXHIBITD-l OPERATION AND MAINTENANCE CERTIFICATION The undersigned certifies by his or her signature the following: Palo Alto agrees to continue to provide for operations and maintenance (O&M) throughout the useful life of the Project. Palo Alto provides for operations and maintenance of the Project through its: o General Fund, of which the estimated costs of O&M will be __ per cent L %); or o Other -______ (Name of fund), of which the estimated costs of O&M will be __ percent L%)· This fund is an on-going operation of the City of Palo Alto. Signature Date Print Name of Signer Position/Title 25 EXHIBITD-2 PROJECT SITE(S) ACCESS CERTIFICATION The undersigned certifies by his or her signature the following: The City of Palo Alto (Contractor) certifies that the State Water Board, the Governor of the State, the United States Environmental Protection Agency, the Office ofInspector General, any member of Congress, the President of the United States, or any authorized representative of the foregoing, will have suitable access to all Project sites at all reasonable times during Project construction and thereafter for the life ofthe Project (not to exceed 25 years). The Contractor acknowledges that the Project records and locations are public records. Signature Date Print Name of Signer Position/Title 26 EXHIBITD-3 NO LITIGATION CERTIFICATION The undersigned certifies by his or her signature the following: The City of Palo Alto (Contractor) is not currently engaged in any pending, threatened, or actual litigation, claims, or assessments with regard to any of the Project Site(s) or the fund identified in Exhibit C-2. Signature Date Print Name of Signer Position/Title 27 EXHIBIT D-4 TITLE CERTIFICATION The undersigned certifies by his or her signature the following: All of the Project Site(s) is/are located on land owned by the City of Palo Alto, or land over which the City of Palo Alto has an easement for access, operation or maintenance, or is in the public right-of-way. For any Project Site where the City of Palo Alto has an easement, said easement is valid for the life of the Project (not to exceed 25 years). All permits necessary for Project have been obtained or will be obtained at the appropriate time. City of Palo Alto Attorney or Legal Counsel Print Name of Signer Date 28 'f TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 13, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COlVIMUNITY ENVIRONMENT CMR: 436:10 SUBJECT: Approval of a Final Map to Create Five Condominium Units on a 6,000 Square Foot Lot at 420 Cambridge A venue. EXECUTIVE SUMMARY In 2008, the City Council approved a rezoning of 420 Cambridge Avenue to a Pedestrian Transit Oriented Development (PTOD) zone to accommodate the mixed use project, which was then approved through the Architectural Review Board (ARB) process on March 11, 2010. The Vesting Tentative Map, proposed for condominium purposes, was approved by Council on June 14, 2010, to create four residential condominium units and one commercial condominium unit. The Final Map proposal is consistent with the ARB approved project and Vesting Tentative Map, and with all applicable regulations for subdivisions set forth in the Palo Alto Municipal Code (PAMC). RECOMMENDATION Staff recommends that the City Council approve the proposed Final Map to create five condominium units on a 6,000 square foot lot. 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 no appeal was filed. The Vesting Tentative Map, proposed for condominium purposes, after review and recommendation by the Planning and Transportation Commission, was forwarded to and unanimously approved by Council on June 14, 2010, to create four residential condominium units and one commercial condominium unit as described in CMR 274: 10 (Attachment C) . 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 CMR: 436:10 Page 1 of 3 four, three-story residential units (approximately 1,485 square feet each) on the upper floors. The applicant's intention for condominiums 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 is included in the Record of Land Use Action (Attachment A). DISCUSSION The proposed Final 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 Final Map includes information on the existing parcels and onsite conditions. The Final Map and the Record of Land Use Action for the Tentative Map have been provided for the Council's information. Staff of the Planning and Public Works Departments have reviewed the Final Map and have deternlined that it is consistent with the approved Tentative Map and satisfies all approval conditions for the Tentative Map. According to the State Subdivision Map Act, the City Council must approve the Final Map if it complies with the approved Tentative Map. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The Planning and Transportation Commission (PTC) reviewed and recommended the Vesting Tentative Map prior to Council's approval on June 14, 2010. The PTC does not review Final Maps. POLICY IMPLICATIONS The proposed subdivision is consistent with the goals and policies of the Comprehensive Plan. The residential and comnlercial uses of the development are consistent with the associated land use designation of Regional/Community Commercial use and with the ARB approved plans. 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. PREPARED BY: CMR: 436:10 CLARE CAMPBELL Planner Page 2 of3 DEPARTMENT HEAD: CITY MANAGER APPROVAL: ATT ACHMENTS: CURTIS WILLIAMS Director of Planning and Community Environment '~U)~±qJ '-~AMES KEENE ¥ City Manager Attachment A: Attachment B: Record of Land Use Action for Vesting Tentative Map, June 14, 2010 CMR 274:10, City Manager's Report on Vesting Tentative Map Attachment C: Final Map* (Provided to Council Members, Libraries, Development Center, and 5th floor of City Hall only) *prepared by applicant COlTRTESY COPIES Nicole Gittleson, Clarum Homes [nicole@c1arum.coITI.] CrvIR: 436: 10 Page 3 of3 / ATTACHMENT A ACTION NO. "2010-7 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) , \ , I On June 14, 2010, the City Council of the Gity of Palo Alto 'approved the Vesting Tentative Map to' subdi vide one parcel to cre;ate five condominium units (four residential and.. one commercial), making the following findings, determi,nation, and declarations: SEtTIO~ 1. Background. The City Council of the'City of Palo Alto ("CityC6~ncil") findsi' determines, and declares as follows: , A. On March 15, 2010, Clarum Romes applied fo~ a yesting Tentative Map ~o subdivide one existing 6,OqO s~u~re ioot,pai6~~ for the development of five condominfum units comprised of 1,449 square feet of commercial space (,Personal Servic~)' and' residentiai' parking on the ground' floor and' four three-story residential '~nits' above, approximately 1,485 square feet each ('''the Project")':-" B. 'Following staff review, the' "Planning and Transportation Commission ("Conunission") revfewed, the 'Project· on May 26, 2010 and voted [6-0-0-~] to recommend that Council approve the project. The Commission's actions are contained in the CMR: XXX: 10 .' ," -, - c. The Ves,ting Tentative Map ,plan 's"et ',da:ted April 14, 2010 '(received April 15, 2010) includes information on'the ex~st-ing parcels; and onsi te conditions. ' 'rhese drawings' are in complian:ce' with the applicable provisions of the City's Stibdi~ision O~d{~ande: These 'plans contain all information and notations required to be shown on a Vesting Tent'ative Map (per PAMe Sections 21.12), as well as the design requirements concerning the creation of 'lots, streets, walkways, and similar feat~res (PAMe ?l.~O) . 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' ~hich 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 lease, 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, th.e,refore, the project woulct haye a less, than' significant i~pac.:t, on the ~nvironI.U~,l)t." The ,Mitigated Negative Declaration ,was ~dopted November 17, '2008 'in" aCGordange with th~, California Environmental Quality Act (CEQA). ,. , , SECTION 3. Tentative Map Findings~ A ,legislati,ve' body of a, city shall deny approval of a Vesting Tentative Map, if it makes 'any of the following fin~ings (California Government Code Section 6647~); 1. That' ~he proposed map is, not consistent wi th applicab1.e ge;r;eral and specifi~ plans as specified in Section 65451: This finding can not be made in the 'affirmative. The site'does not lie within a spedific,plan are~ and is consistent w;i th the provisions,', of the Comprehensi'Ve Plan. The land use designation in the, area of the subdivision is 'Regional/~orrununi,ty Commercial ',which' allows mix~d us~, development and the zoning designa,tion ,is, PTOD. The proposed deve~'opment' is cO!lsistent with the land use and zoning,designatiop~ 9f the site. ' 2. Tha t the design or improvemen t of ithe proposed sub~ivision is not consistent with applic~ble general and speci!ic plan$ :, 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 developm~nt to currently d~veloped lands: within the urban service area; and (2)Policy L-6: Where possible~ avoiq aprupt changes in scale and qensity between r~si<;i,ential and, !l.on:-r,esidential areas and between residential' areas of di~ferent densiti~s. 3" Tha t ,the s,i te. is not physically sui table 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 regul~r 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 ta,ble ,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 indica'ted in the project'~ Initial Study/Mitigated Negative Declaration. "5. That the design of the subdivision or the j;iroposed improvements is likely to cause substantial env~ronmental qamage' or' substantially and avoidably injure fish or wildlife or their ha,bitat: ' " , 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 project's Initial Study and Mitigated Negative peclaration state that 'there are no significant impacts to ,existing sensitive wildlife and plants'. 6. That 'the' design' of the' ~UbdivisJonor tyPe of imprqvements is likely to cause serious :public p:ealth 'problems: ' This finding can not be' 'made' in t~'e affirmative. rhe subdivision will not cause 'ser1ous public health' problems ~ The resul ting mi'xed use development will' not cause a public' health' proble!O in that ',it is designed to pr'ovide 'access" for em,ergency services, will supply necessary, utility services, such as sani tation, and is designed, per City' and State starida':tds fo ensure public safety. } , 7, That the design of the subdi vision o'r the type of improvements will conflict with easements, acquired by the 'public at lartJ.e I for access through or use of, property ,wi tnin "the proposed subdivision.. In this connection, the governing body'may approve a map if it finds that alternate e~sem~nts~'" fo~' a,cQess or for use, will be provided, and that these :will be :subst,antially equivalent to ones previously ~cquired by, the ,public~' This subsection shall apply only to easements 9frecord or' 'to easements established by juqgment of a court of competent jurJsd~'.ct~pn and no authority is hereby granted to a legi$lative body to deter~~ne, that the public a t large has acquired easements for access th'rough or use of property within the proposed subdiv~sion. . 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. .1 \, SECTION 4. Approval of Tentative Map. vesting Tentative Map approval is granted by the City COl:lnc~l under Palo Alto Municipal Code (",PAMC") Sections 21.,'13 and 2.1.20 and the Cali fornia Government Code Section 664,74 I, s,ubj ect to, ,the ,con$1i tions of approval in Section 7 of this Record." , , Page 3 of5 SECTION 5. Final Map Approval. The Final Map submitted for review 'and approval by the 'City Council of the City of Palo Alto s1)a1.1 be in substantial conformance with the Vesting Tent~tive,Map p~epared by,Giuli~ni,~ Kull, Ipc,titled "Ve$ting , Tentati ve Map for 'Condominium Purposes Tract No. fI ' consisting of one page, dated April 14, 2010 (received 'Apr{l 15, 20~0), except ?s modified to incorporate the conditions of approva'i in Se6tion 6. ' A copy ,of this ,.Tentative Map is on fil~ in the' De'part~ent, of P~anning and Community Environment, Curren .. t Planning, Division,; Wi thin two years, of the approval ,date of the Vesting Tentative ~ap, ~h~, ,subdiv~der shall ca'use the subdivisi .. ,?n or any part thereof to be surveyed, and, a Final Map, as specified in Chapter 21. 0,8, to be p~epared, in conformqnge with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision 'Map Act a,nd PAMC 'Section 21 ~ 1.6" an'd submi tted to the City," Engineer (PAMC, Section 21.16.010 [a) ). .. " : ' t ~ '. • ~ SECTION 6'. Conditions of Approval. Department of Planninq and Community Environment Plann~ng Divisio~ 1. A Final Map, in conformance with the approyed ve~s'1:ing, Tentative Map, '" all requi'rements o.f, 'th~ Subdivision Ordinqrlc.e (,PAMe Section 21.16) I and to the' satisfaction of the.~ity, Engineer, shall b~ filed with the,Plahning Div~sion and th~ Public Works Engineering Division within two years of the,' T~ntati ve Map ~pprova'l dat'e (PAMC 21.13« 020 [c] ) . . ' ' 2. 'The proj ect "shall comply, wi til the previous' (.!ondi tion"s" of Approval as~ociated with the r~zoning and archite'ctural r~vie,w approvals (08PLN-00020 and 09PLN-00064) . 3. Maintenance of common areas shall be addressed to the satisfaction of the City,Attorney in the Covenants, Conditions and Restrictions for the subdivision. SECTION 7. '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~ arid all conditions of" approval are fulfilled within a two-year period from the d~t~ of Tentative Map approval, or such extension as may be granted, ~he Tentative Map shall expire and all proceedings shall terminate. Thereafter,' no Final Map shall be filed without 'first processing a Tentative Map (PAMe Section 21.16.010[d]). Page4of5 PASSED: 9-0 AYES: Burt, Espinosa, Holman, Klei'n,' Price, Scharff, Schmid, Sheph~rd, 'Yeh. NOES: None ABSENT: None ABSTENTIONS: None TO FORM: City Attorney PLANS AND DRAWINGS REFERENCED: Director of Planning and Community Environment Those plans prepared' by Giuliani & Kull, Inc ti tIed "Vesting Tentative Map for Condominium Purposes Tract No. , __ " consisting of one page, dated April 14, 2010 (received' April 15, 2010). Page 5 ofS TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: JUNE 14,2010 REPORT TYPE: ACTION ATTACHMENT B 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 Architect\lral 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 applicati<?n 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 roonl, 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 adj acent 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 Ves~ng 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 fmdings 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 the associated land use designation of Regiona1/ColllJl1unity 'Commercial use and with the ARB approved plans. ENVIRONMENTAL REVIEW The prop()sed 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. PREPARED BY: CLARE CAMPBELL Planner DEPARTMENT HEAD: CURTIS WILLIAMS Director of Planning and Community Environment ·CITY MANAGER APPROVAL: ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Draft Record of Land Use Action Location Map Applicant's Project Description and Supplemental Information* May 26, 2010 Planning and Transportation Commission Staff Report (w/o attachments) May 26, 2010 Planning and Transportation Commission Excerpt Minutes ARB Plan Sheets; for Information bill; (provided to Council Members, Libraries, Development Center, and 5 floor of City Hall oilly) Vesting Tentative Map* (provided to Council Members, Libraries, Development Center, and 5th floor of City Hall only) *prepared by applicant COURTESY COPIES Nicole Gittleson, Clarum Homes [nicole@clarum.com] CMR: 274:10 Page 3 of3 Special Meeting June 14, 2010 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:38 p.m. Present: Burt, Espinosa, Holman, Klein, Price, Scharff, Schrrlid, Shepherd, Yeh arrived @ 7:49 p.m. Absent: SPECIAL ORDERS OF THE DAY 1. Resolution 9060 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Mark S. Herrera Upon His Retirement." Council Member Scharff read the Proclamation expressing appreciation to Mark S. Herrera for outstanding public service. MOTION: Council Member Scharff moved, seconded by Vice Mayor Espinosa to adopt the resolution expressing appreciation to Mark S. Herrera upon his retirement. MOTION PASSED: 8-0 Yeh absent 2. Resolution 9061 entitled "Resolution of the Council of the City of Palo Alto Expressing Appreciation to Gary R. Brooks Upon His Retirement." Council Member Klein read the Proclamation expressing appreciation to Gary R. Brooks for outstanding public service. MOTION: Council Member Klein moved, seconded by Council Member Schmid to adopt the resolution expressing appreciation to Gary R. Brooks upon his retirement. 1 06/14/10 Mayor Burt stated the City Engineer had prepared and filed with the City Clerk a report providing for the levying of special assessments within the Parking Assessment Districts created and established for the projects and under the Resolution of Intent. The report sets forth the amounts of assessments proposed to be levied for the Fiscal Year 2010. The assessments will be used to pay principal and interest on the Bonds issued in the various projects. The report has been open for public inspection. The purpose of the Public Hearing was to allow the City Council to hear all persons having an interest in any real property within the Parking Assessment Districts, take and receive oral and documentary evidence pertaining to matters contained in the filed report, and to remedy, correct or amend the report. He inquired whether the City Clerk had received any written communications from such interested persons. City Clerk, Donna Grider stated no written communications had been received. Public hearing opened and closed without public comment at 9:22 p.m. MOTION: Council Member Shepherd moved, seconded by Council Member Klein to adopt the Resolution confirming the Engineer's Report and Assessment Roll for California Avenue District, Project No~ 92-13 and levying assessments for FY-2011. MOTION PASSED: 9-0 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. (Staff requests item to be continued by Council Motion to 10/04/10). MOTION: Council Member Yeh moved, seconded by Council Member Scharff to continue Agenda Item No. 12 to October 4, 2010. MOTION PASSED: 9-0 13. Public Hearing: To Consider 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. Program Assistant II, Amy Johnson stated the proposed Vesting Tentative Map was to subdivide one existing 6,000 square foot parcel to establish five condominium units with an approved rnixed-use development. The project's design, in the California Avenue Shopping District, was approved via the 6 06/14/10 Architectural Review Board process after the City Council approved the rezoning of the Pedestrian Transit Oriented Development. Staff determined that the Vesting Tentative Map application was in compliance with zoning, subdivision, and other codes and Ordinances, and pursuant to the State Subdivision Map Act. The Covenants, Conditions and Restrictions (CC&R's) for this' development outlined the responsible parties for maintenance and general upkeep. To ensure ongoing maintenance provisions within the CC&R's, Staff suggested the City Council add a third Condition of Approval to Section 6, of the Record of Land Use Action, stating the maintenance of common areas shall be addressed to the satisfaction of the City Attorney. The final CC&R's would be submitted in conjunction with the Final Map. Council Member Schmid inquired whether the condominiums were advantageous from a budgetary perspective. Ms. Johnson stated title transfers would yield income to the City. Public hearing opened and closed without public comment at 9:27 p.m. MOTION: Council Member Holman moved, seconded by Council Member Scharff to: 1) approve the Vesting Tentative Map. 2) adopt the findings and conditions contained within the Record of Land Use Action, and 3) add a third condition to Section 5 of the Conditions of Approval of the Record of Land Use Action that maintenance of common areas shall be addressed to the satisfaction of the City Attorney in the Covenants, Conditions and Restrictions, for the subdivision. Council Member Holman stated her support for the additional condition within the CC&R's. MOTION PASSED: 9-0 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 (Draft EIR), Including Comments Focused on: A) the Project Description, Land Use, Population & Housing, and Public Services Chapters of the Draft EIR (continued from June 7, 2010); and B) Visual Quality, Biological Resources and Cultural Resources Chapters of the Draft EIR. Council Member Klein advised he would not be participating in this Agenda Item as his wife was on faculty at Stanford University. He left the meeting at 9:29 p.m. 7 06/14/10 OWNER'S STATEMENT TIlE UNDERSIGNED IlERfBY STATE TllAT TIlEY ARE TIlE 0W'ER5 OF OR UAVE SOME RIGHT, TIill OR INTERE5T IN TIlE REAl.. I'I!lCf'ERTY INCUJDED HITIlIN THIS SUBDIVISION: TllAT TIlEY IlERfBY CONSENT TO TIlE PREPARATION AND RECORDATION OF THIS MAP: TllAT EA5EMENrS FOR AND AREAS AfPI.IRTENANT TO PAACELS DEPICTED ON TIllS MAP WILL BE CONVEYED AS 5HI:»IN HEREON: UlCCO INCORPORATED, A CALIFORNIA CORPORATION BY, ______ _ J:)HN SUPPES I'RESlDENT OWNER'S ACKNOWLEDGMENT STATE OF CAlIFORN'A COONTY OF SANTA CI..ARA ON , 2010, BEFORE ME, A NOTARY PUBUC, PERSONALLY APPEARED J:)HN SUPPES, HIlO PROVED TO ME ON TIlE BASIS OF SATISFACTORY EVIDENCE, TO BE TIlE PERSON(S) WHOSE NAME(S) ISIARE SUBSCRISED TO TIlE WITIlIN INSTRUMENT AND ACKNOWlEDGED TO ME TllAT HEI$IlEI'IllEY EXECUTED TIlE SAME IN HISMERI1lIJ!lR AUTHORIZED CAPAClTY(IES), AND TllAT BY H1S1HER11l1J!1R 5IGNAllJRE(S) ON TIllS INSTRUMENT TIlE PERSON(S), OR TIlE ENTITY IJI"ON BSlAU' OF 14I1C11 TIlE PERSON(S) ACTED, EXECUTED TIlE INSTlWI'1ENT. WITNESS MY HAND AND OFFICIAL SEAL. I CERTIFY UNDER PElW..TY OF PER..lJRY UNDER TIlE LAWS OF TIlE STATE OF CALIFORNIA TllAT TIlE F'ORGOING PAAAGRAPIl IS TRUE AND CORRECT. WITNESS MY UAND AND OFFICIAL SEAL. 5IGNAnR~E ________ _ NOTARY NAME,,· _________ _ MY PRINCIPLE PLACE OF BUSINESS IS IN TIlE CQUNTY OF _____ _ MY CCIM'1ISSION EXPIRES FLOOD ZONE NOTE TIlE PROFERTr LIES WITHIN FLQOD ZONE X, BASED ON COMI"lINIl"l' PANEL NI.!I1BeR 0II003A& OOOS E, DATED .JJNE 2, JCIqq. SUBDIVISION NOTE TIllS SUBDIVISION IS TRANSFERABLE SUBJECT TO A SUBDIVISION AGREEMENT WHIC11 IS ON fiLE WITIl TIlE DEPARTMENT OF PLANNING AND al1MUNITY ENVIRDNMENT, orr OF PALO ALTO. rtK1tz:!:!!:!!a!!:2t Inc. 500 Wall Street. Suite A. Auburn. CA 95603 (530) 885-5107 Fax (530) 885-5157 Auburn • San Jose • Oakdale APPROVAL Of "II CQUUNCIL I, I orr CI..ERK OF TIlE OTY OF PALO ALTO, SANTA CI..ARA C(IUNTY, CALIFORNIA IlERfBY CERTIFY TIlE TIlE CITY C(IUNCIL OF SAID CITY OF PALO ALTO BY M0110N OF ACTION ADOPTED AT A REGULAR MEET1NG OF SAID CQUNClL IlEIJ) ON TIlE _ DAY OF _ 2010, DID DULY APPROVE TIlE Aal1PANYING MAP. DATE DONNA J. GRIDER CI.ERK OF TIlE CITY OF PALO ALTO DIRECTOR OF PLANNING AND COMMUNIII ENViRONMENT STATEMENT THIS MAP UAS BeEN EXAMINED TIllS _ DAY OF AUGUST 2010 AND fOUNI) TO CONfORM HITIl TIlE APPROVED TENTATIVE MAP. DATE CURTIS WILLIAMS DIRECTOR OF PLANNING • CGlMMUNIl"l' ENVIRONMENT RECORDERIS STATEMENT FIl..ED 11115 ___ ,DAY OF , :2010 AT _. _, -'1. IN BOOK ___ OF PARCs.. MAPS AT PAGE---, AT 11IE REQUEST OF GIULIANI • J::ULL, INC. FILE NO. ______ _ BY"-RfGI--NA-ALCOM--EN":""DRAS--- SANTA CLARA COUNTY CLfK-RfCORDER Fe, ____________ ___ CITY ENGINEER'S STATEMENT HEREBY STATE TllAT I UAVE EXAMINED TIllS MAP, TllAT TIllS MAP IS SUBSTANTIALLY TIlE SAME AS IT APPEARED ON TIlE APPROVED TENTATIVE MAP, TllAT ALL PROVISIONS OF TIlE SUBDIVISION MAP ACT AND LDCAL ORDlHANCES APPLICABLE AT TIlE TIME OF APPROVAL OF TIlE TENTATIVE MAP UAVE BeEN al1PILEO W1T1l AND TllAT I AM SATISFIED THIS MAP 15 TECHNICALLY CORRECT. DATE CIII SURvEYOR 'S STATEMENT J. MICIIAEL SARTOR RCE $4l1 INTERIM DIRECTOR OF I'IJ8LlC WORII:S UCENSE EXPIRES _____ _ I, , A LICENSED LAND SURVEYOR FOR TIlE CITY OF PALO ALTO, SANTA CLARA cauNTY, CALIFORNIA, 00 HEREBY STATE TllAT 1 UAVE EXAMINED TIlE HITHIN MAP, AND I AM SATISFIED TllAT TIllS MAP IS TECIINICALLY CORRECT. NAME DATE LS No. EXPIRES BOOK ___ OF PARCEL MAPS, PAGE __ _ SURvEYOR'S STATEMENT nus MAP HAS PREPARfO BY ME OR UNDER MY DIRECTION AND 15 BASED UPON A FlaD SURVEY IN CONF<JIia1ANCE HI1ll 11IE REQUIREMENTS OF 11IE SUBDIVISION MAP N:.T AND LOCAl.. ORDINANCJE AT 11IE REQUEST OF UJCCO CORI'ORATION, AUGUST 2010. I j.lERfB'( STATE 1lIAT 11115 FINAL MAP 5IJBSTANTIALLY CONFORMS TO 11IE APPROVED OR CONDITIONAI.J..Y APPROVED TENTATIVE MAP, IF ANY: 1lIAT ALL t1CiNI.JMENTS ARE OF 11IE CI-IARACrI:R AND 0CCUFr 11IE POSlnONS INDICATED THAT 11IE MONUMENTS ARE SUFFICIENT TO ENABLE 1111' SURVEY TO Be RETRACED. EDHARD M. GIULIANI, P.L.S. No. 5<107 LICENSE EXPIRES, De:::. 31, 2010 TRACT NO. 10068 CAMBRIDGE PLAZA FOR CONDOMINIUM PURPOSES SCALIE. AUGUST, :2010 BEING A RE5U6D1VISION OF LOT 11 AND LOT 15 AND A PORTION OF LOT ", I!lI..OCK 15 AS SHOHN ON 11IE MAP ENTITLED 'MAP OF EVERGREEN P~' RECORDED IN BOOK F-3 OF MAPS AT PAGE 'fl CITY OF PALO ALTO SANTA CLARA COUNTY, CALIFORNIA 514EET I OF 2 ~ ~ n :J: s: m z -I n -===~==~=--==-~~=================,:~~ BOOK ___ OF PARCEL MAPS, PAGE __ _ GRAPHIC SCALE 20 0 1020 .olD ~-a-" ! I INCH -20 FEET """ ~ ,g.> ~/ I~ / ~ ~ / ~,$~ V / "c;y. I ~ ~ ~.s1'~ / ' '\~.c5). ~ I ~ '" 1'>' / ~ \ ""'" "---/ \ " ~ ~ ~ X '''''t( / ' X I / I "'" '" ~ 0-;;J ~ ~ \ I", ~ " "" "" " " , .... " ',fit "'I.t.,. (j~((). ~.,.~, q,-.:rr;y.y ", "" " / ',.<t ~ Q.,"r:("',}\ / ~ ~ ~ ~ / ~ ~ ~ " Y / / rtK ii!!2!::::!,! :'!:l~.i Ine. 500 Wall Street. Suite A, Auburn. CA 95603 (530) 885-5107 Fax (530) 885-5157 Auburn • San Jose • Oakdale I / if " 0) " 0 " Q.,0 I'l; "'~"r:( / " ~ " "I \y /J" II " ", '~( /1 l~ I~ ~~# I!F~ Iii " Iv /'" <>, / 1 / I / / / I / / / / ~ X " / ( ~ • FOUND BUILDING ~ER )( F<lUND PI< NAIL o DlMESIal POINT (NCJTI.lING F~D OR SET) (I) eca.:: F-3 MAPS PAGE ~ (I) eca.:: 351 MAPS PAGE 35 EXTERIOR BOUNDARY ADJACENT BOUNDARY CENTERLINE BASIS Of BEARINGS nIE MERIDIAN OF nilS SURVEY 15 IDENTICAL TO 1lIAT USED FOR nlE RECORD OF SURVEY FILED IN eca.:: 351 OF MAPS AT PAGE 35, SANTA CLARA COUNTY RECORDS. ~ I. 5OIJRC.E OF MEETS AND eouND5 15 DOC. 110. ~ RfCORDEI) IN BOOK 1$17 AT PAGE 13'1, SANTA CLARA CCUNT'r CIfFICIAL RfCORDS. 2. MAIHTEHANCE OF DRAINAGE AND CDITICIN AREA 15 er THE CAMeRlOGf PI.AZA (WIERS ASSOCIATION. 3. THE PROf'ERT'( SI4C»tI ~eRON 15 50BJECT TO THE COVENANTS, CONDITtae, AND RESTRICTIONS AS RfCORDED ~ ..IAIVARl' 2'1, 1'114 IN BOOK.412 AT PAGE 301, AND AS RfCORDEI) ~ FEl!RlJAAY 'I, 1'lI5 IN BOOK 2150 AT PAGE 255, AND AS RfCORDEI) ~ APRIl. II, 1'141 IN BOOK 1030 AT PAGE 410, SANTA CLARA CI:lUNiY OFFICIAL RfCORDS. 4. COVENANTS, CONDITiae AND RESTRICTIONS AFFl!Cl1NG THIS PAAC£I. ARE eEING RfCORDED COIICURRENTL.Y ~ERfWITH IN DOC# 2010-___ AND STIl'Ul.ATES THAT THE CAMeRlOGf PI.AZA OWNERS ASSOCIATION, THE FIVE ~ OF THE CONDOMINIUM UNITS, WIU-OWN 'PAAca A" AS TENANTS-1II-«n1ON. ~ RE5I"GtlSIeIUTY f(IR ALI. SUII.OOlGi AND PRCIPERTY MAlNT AlIIEIICS ue WITH THE THE OWNERS OF "PARCEL A", EITHER JOINTLY, INDlVIDUALl.Y OR IN ANY CQ1BlNATI~. TRACT NO. 10068 CAMBRIDGE PLAZA FOR CONDOMINIUM PURPOSES SCALE. AUGUST, 2010 BEING A RESUeDIVISlON OF LOT 17 AND LOT IS AND A PORTION OF LOT 16, BLOCK 15 AS SUOWN ON nIE MAP ENTlTLED "MAP OF EVERGREEN PARK' RECORDED IN eca.:: F-!\ OF MAPS AT PAGE ~ CITY OF PALO ALTO SANTA CLARA COUNTY, CALIFORNIA SHEET 2 OF 2 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: DECEMBER 13, 2010 CMR: 445:10 REPORT TYPE: CONSENT SUBJECT: Adoption of an Ordinance Amending Chapter 16.11 of the Palo Alto Municipal Code Pertaining to Storm Water Pollution Prevention Measures; and Adoption of a Resolution Amending the Fiscal Year 2011 Municipal Fee Schedule to Reduce Plan Check Fees for Land Development Projects Subject to Palo Alto Municipal Code Chapter 16.11 RECOMMENDATION Staff recommends that Council: 1. Adopt the attached ordinance (Attachment A) amending Chapter 16.11 of the Palo Alto Municipal Code (Storm Water Pollution Prevention) to reflect new storm water pollution prevention requirements for land development projects mandated by the Regional Water Quality Control Board. 2. Adopt the attached resolution (Attachment B) modifying the FY2011 Municipal Fee Schedule to reflect lower plan check fees for land development projects subject to Palo Alto Municipal Code Chapter 16.11. EXECUTIVE SUMMARY Staff recommends adoption of ordinance modifications affecting land development projects in order to comply with a new storm water discharge permit issued by the Regional Water Quality Control Board to Palo Alto and other Bay Area communities. The new requirements require greater control and enhanced treatment of storm water runoff in order to protect creeks from increased pollutants and erosion. Staff recommends that permit applicants for regulated projects be required to have their compliance certified by a third party in order to avoid the need for the City to hire new staff. The use of third-party certification allows staff to recommend a decrease in current plan check fees. BACKGROUND Beginning in 2001, the San Francisco Bay Regional Water Quality Control Board (Water Board) identified land development activity as a significant potential pollutant source in the region, threatening the water quality in local creeks and San Francisco Bay. Accordingly, National Pollutant Discharge Elimination System (NPDES) storm water permits issued since that time have included a set of pollution prevention requirements imposed upon land development and . redevelopment projects. In fall 2003, to implement the initial requirements stipulated in the 2001 storm water permit, Council adopted a storm water pollution prevention ordinance (codified into CMR:445:10 Page 1 of5 Palo Alto Municipal Code [PAMC] Chapter 16.11) that required projects that create or replace one acre or more of impervious surface to incorporate treatment measures and other appropriate source control and site design measures into projects to reduce pollutant discharges to the maximum extent practicable (CMR:255:03). The Water Board has imposed stricter land development controls in each subsequent permit issuance in an effort to further minimize the impacts of development activity on area waterways. In accordance with Water Board requirements, Council amended P AMC Chapter 16.11 to lower the compliance threshold to 10,000 square feet of new or replacement impervious area in summer 2006 (CMR:279:06). In October 2009, the Water Board issued a new regional NPDES permit to the City of Palo Alto and 76 other Bay Area entities for discharge of municipal storm water to local creeks and San Francisco Bay (see Attachment C). This Municipal Regional Permit (MRP) specifies programs and measures to be conducted by local agencies to minimize storm water pollution over the next five years. The MRP continues the pattern of increased regulation of land development activities over time as discussed below. DISCUSSION The attached ordinance modifies the City's existing storm water pollution prevention regulations (P AMC Chapter 16.11) once again in order to comply with the new provisions of the MRP. The major-regulatory changes mandated by the MRP, to be phased in over the next few years, can be summarized as follows: • Lowering of the compliance threshold to 5,000 square feet of new or replacement impervious area (beginning December .1, 2011) for special land use categories, including auto service facilities, retail gasoline outlets, restaurants, and uncovered parking lots; • Requiring treatment or storm water runoff from projects that widen existing roads with additional traffic lanes (beginning December 1, 2011); • Requiring treatment of storm water runoff from regulated projects utilizing Low Impact Development (LID) treatment measures, including rain water harvesting and reuse, infiltration, evapotranspiration, or biotreatment, except in special cases (beginning December 1, 2011); • Limiting infiltration of storm water runoff into underlying soils in order to protect groundwater quality; and • Requiring small land development projects (those with between 2,500 and 10,000 square feet of new or replacement impervious area) and detached single-family home projects to implement specified site design measures to protect storm water quality (beginning December 1, 2012). • Requiring that regulated projects 1) have their storm water treatment designs and flow/volume calculations peer-reviewed and certified by an approved third-party engineering professional, and 2) have their constructed storm water treatment controls inspected by an approved third-party engineering professional in order to certify that the controls have been installed in accordance with the approved plans. The first two ordinance changes summarized above are intended to require a greater number of automobile-related land development projects to implement control measures in order to improve the quality of storm water runoff. Automobiles are the largest single non-point source of storm water pollutants, including hydrocarbons and heavy metals generated by engine exhaust, leaking engine components, and residue from tire and brake pad wear. By reducing the compliance CMR:445:1O Page 2 of5 threshold to 5,000 square feet and including road widening projects starting in December 2011, the Water Board is endeavoring to impose enhanced controls on this high-priority pollutant source. The most significant change included in the attached ordinance is the new requiremeht that regulated projects utilize LID measures to treat storm water runoff beginning in December 2011. As stated in the MRP, the goal of LID is "to reduce runoff and mimic a site's pre-development hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, and or biotreating storm water runoff close to its source." Typical LID measures include items such as rain barrels, cisterns, green roofs, permeable pavement, and open space preservation. Under the terms of earlier NPDES storm water discharge permits, the Water Board allowed much more flexibility as to how storm water is treated prior to discharge. Available treatment options included a full spectrum of alternatives, including LID measures, landscape-based measures such as bioswales, and manufactured vault-type treatment systems. The MRP's prescriptive specification of LID measures for storm water treatment represents a substantial narrowing of available options for land development project designers. LID measures are generally consistent with the City'S environmental goals and programs, including the newly adopted Green Building Code and the Storm Water Rebate Program (which offers financial incentives to homeowners and businesses for LID measures, including rain barrels, cisterns, green roofs, and permeable pavement). There are Bay Area-wide concerns, however, that LID measures may not be feasible in all cases, particularly for infill development in densely- zoned commercial districts. The MRP contains provisions that allow the permittees to collaboratively develop infeasibility criteria that would allow the use of biotreatment measures (filtering storm water through specially-designed soil media) in place of LID measures (rainwater harvesting and reuse, infiltration, or evapotranspiration) to be used under specific conditions. These infeasibility criteria, which will be developed regionally by the Bay Area Storm Water Management Agencies Association (BASMAA), are subject to review and approval by Water Board staff. The MRP also allows the permittees to develop a set of criteria defining a set of "special project types" that would be exempt from the LID treatment due to their other environmentally-friendly characteristics. Example project types include high-density "smart growth" projects, transit-oriented development, and projects with covered parking garages. The "special project" criteria will also be developed by BASMAA and submitted to Water Board staff for review and approval. The newly-defined limitations on storm water infiltration establish a set of rules that must be f9110wed when designing measures that "infiltrate storm water into the subsurface in a manner that bypasses the natural groundwater protection afforded by surface soil". Examples of such measures include dry wells and french drains. The new provisions protect groundwater quality by ensuring minimum separation between the base of an infiltration device and the underlying groundwater table and prohibiting infiltration devices in high-risk land use areas and in the vicinity of known contamination sites. The ordinance also imposes new requirements on small land development projects (those with between 2,500 and 10,000 square feet of new or replacement impervious area) and detached single-family home projects beginning in December 2012. The new requirements are relatively minor, specifying that these small projects install at least one of a number of simple site design CMR:445:10 Page 3 of5 measures, such as directing roof, walkway, or surface parking lot runoff onto vegetated areas or constructing walkways or patios with permeable surfaces. Many of these site design measures are already encouraged by existing City policies or voluntarily implemented into land development projects by project proponents, so the new requirements are not expected to create a noticeable burden on the development community. The review of storm water treatment designs and the inspection of installed storm water treatment measures has become an increasing workload burden on Public Works staff as the number of regulated projects has increased over the past several years and staff levels have decreased in the development review section of the Public Works Engineering Division. In the new ordinance, staff proposes a new requirement mandating that permit applicants for regulated projects have the design of their storm water treatment measures reviewed and certified by an approved third-party engineering professional and that the installed treatment measures be inspected by a third-party to certify that the measures have been installed in accordance with the approved plans. These new requirements will ease the workload burden on Public Works staff and provide permit applicants with a higher degree of control over the permit review process. Because these changes will decrease the staff hours spent on project review, staff has proposed lowering the plan check fee for projects subject to P AMC Chapter 16.11 from $800 to $350 (see attached Council resolution). RESOURCE IMPACT Enforcement of the proposed ordinance will require additional effort by Public Works and Planning staff both during permit review, construction inspections, and periodic follow-up inspections to verify proper maintenance of storm water control measures due to the increased volume of regulated projects. However, because of the moderate number of additional development projects expected to trigger the ordinance's revised threshold levels and compliance . requirements and the increased efficiency that will result from the third-party certification process, the need for additional staff is not anticipated at this time. Costs incurred by the City for plan review and site inspections for projects that are subject to these regulations are recovered through existing permit fees. POLICY IMPLICATIONS The storm water pollution prevention measures contained in the proposed ordinance are consistent with a number of policies and programs contained in the Comprehensive Plan: Program N-29: Actively participate in programs such as the Santa Clara Valley Urban Runoff Pollution Prevention Program to improve the quality of stormwater runoff. Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial, industrial, municipal, ad transportation land uses. Program N-27: Work with regulatory agencies, environmental groups, affected businesses, and other stakeholders to identify economically viable Best Management Practices (BMP) for reducing pollution. Policy N-22: Limit the amount of impervious surface in new development or public improvement projects to reduce urban runoff into storm drains, creeks, and San Francisco Bay. CMR:445:10 Page 4 of5 ATTACHMENT A Not Yet Approved Ordinance No. --- Ordinance of the Council of the City of Palo Alto Amending Chapter 16.11 of Title 16 of the Palo Alto Municipal Code Pertaining to Stormwater Pollution Prevention Measures WHEREAS the California Regional Water Quality Control Board, San Francisco Bay Region issued a Municipal Regional Stormwater Permit (Order R2-2009-0074; NPDES Permit No. CAS612008) to the City of Palo Alto; WHEREAS, the new NPDES Permit requires cities to implement a series of stormwater pollution prevention measures over a three year phased period ending December 1, 2012; WHEREAS, the City has a longstanding practice of regulating stormwater pollution prevention and these regulations are currently codified in Chapter 16.11 of the Palo Alto Municipal Code; WHEREAS, the City's existing regulations were sufficient to address the NPDES . permiimeasures that went into effect immediately, but the permit requires the City of Palo Alto to implement additional stormwater pollution prevention measures by December 1, 2011 and others by December 1,2012; NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 16.11.020 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby amended to read, as follows: "16.11.020 Definitions. The following words and phrases, whenever used in this chapter, have the meanings as set forth below: (a) "Development Project" means any private or public project under the planning and building authority of the city for ,.",hich, on or after August 1 0, 2006, a privately sponsored development application is deemed complete or. with respect to any public project, for which funding is committed, that creates 10,000 square feet or more of impervious surface collectively over the entire project site, including but not limited to roof area, parking lots, streets. and private walkways and other hardscape associated with commercial, industrial, residential subdivision, mixed-use, and public land development projects. "Development project" also means any private or public project under the planning and building authority of the city for which, prior to August 10, 2006, a privately sponsored development application Vias deemed complete or, with respect to any public project. for which funding \-vas committed, that creates impervious surface and is in one of the categories described in subsections (a)( 1). (a)(2), or (a)E3) below. 101019 jb 0130617 Not Yet Approved 0) A project shall be considered a development project if it results in the creation of an amount of impervious surface collectively over the entire prQject site. including but not limited to pa-rking lots, roof area, streets, and private 'walkways equal to or more than on6 of the following thresholds: I. One acre (43,560 square reet): or 11 10,000 squa-re feet if the project is in one of the following land use categories: a. Auto service stations: b. Auto '",recking or salvage yards. (2) A project shall be considered a development project if it results in the creation of 10,000 square feet or more of impervious surface area used for one of the following functions: I. Loading dock: or 11. Surface parking lot. (3) A project shall be considered a development project if it results in the creation of T@OOSijuare feet or more of impervious surface area used for one of the functions described below and the project developer fails to demonstrate to the city engineer that potential pollutant loading will be satisfactorily mitigated through post construction source control and site design practices: i. Outdoor vehicle or equipment maintenance (including 'Nashing and repair): ii. Outdoor handling or storage of waste or hazardous materials: 111. Outdoor manufacturing: IV. Outdoor food handling or processing: v. Outdoor animal care; VI. Outdoor horticultural activities; or vii. Other outdoor activities of industrial or commercial uses. (4) For projects that include one of the land use functions listed in subsections (a)(2) or (a)(3) above, the development project shall consist of only the portion of the site containing the specific land use funotion. ~ A Development Project shall include the issuance of a permit for building, construction, reconstruction, subdivisions, parcel maps or occupancy, but not a permit to operate. (6) A project in one of the follm:ving categories shall not be considered a development project regardless of the amount of impervious surface it creates: The following development shall not constitute a Development Project: , 101019 jb 0130617 2 Not Yet Approved (+1) An individual detached single-family home, which is not part of a larger common plan of development, that is designed with appropriate source control and site design . - measures: or. Oi) 8idev .. alks, bicycle lanes, trails, bridge accessories, guardrails and landscape features located in the public right of way. (h) "High Impact Project" means a project that falls into one of the categories listed below and that creates and/or replaces 5.000 square feet or more of impervious surface collectively over the entire project site. ( I) High Impact Categories. This category includes development projects of the following four types on public or private land that fall under the planning and building authority of the city: (A) Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013,5014,5541,7532-7534, and 7536-7539: (B) Retail gasoline outlets: (C) Restaurants (SIC Code 5812); or (D) Uncovered parking lots that are stand-alone or part of any other development project. This category includes the top uncovered portion of parking structures unless drainage from the uncovered pOliion is connected to the sanitary sewer along with the covered portions of the parking structure. (2) Exceptions. The following development types shall not constitute a High Impact Project: (A) Interior remodels; (B) Routine maintenance or repair, such as roof or exterior wall surface replacement and pavement resurfacing within the existing footprint. (3) Partial Development. High Impact Projects that result in an increase of: or replacement of. more than fifty percent of the impervious surface of a previously existing development that was not subject to this Chapter shall include Permanent Stormwater Pollution Prevention Measures sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project. High Impact Projects that result in an increase of, or replacement of, fifty percent or less of the impervious surface of a previously existing development that was not subject to this Chapter shall include Permanent Storm water Pollution Prevention Measures sufficient to reduce water quality impacts of storm water runoff from the increased or replaced pOliion of the site for the life of the project. 101019 jb 0130617 3 Not Yet Approved (c) "Hydromodification Management Measures" means any approved combination of on-site, off-site, and in-stream control measures incorporated into specified development projects and significant redevelopment projects in order to reduce stormwater runoff so as to not cause an increase in the erosion potential of the receiving stream over the pre-project condition, in accordance with and as required by Order No. R2-2009-0074 01 119 under NPDES Permit No. CAS612008 C/\S0297 1 8 issued by the California Regional Water Quality Control Board, San Francisco Bay Region (the "Regional Water Board"), as it may be amended from time to time. (d) "Impervious Surface" means land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface. in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. Impervious surfaces include, but are not limited to, rooftops, pavement, sidewalks, walkways, patios, driveways, and parking lots where such surfaces are not constructed with pervious materials and/or· are not designed to have zero stormwater discharge. (e) "Intiltration Device" means anv structure that is deeper than wide and designed to infiltrate stormwater into the subsurface and, as designed, bypass the natural groundwater protection afforded by surface soil. Infiltration devices include dry wells, injection wells, and intiltration trenches (includes french drains). co "Low Impact Development (LID) Measures" means an approved combination of source control measures, site design measures, and/or storm water treatment measures that reduce runoff and mimic a site's predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating. storing, detaining. evapotranspiring, and/or biotreating . stormwater runoff close to its source. LID Measures embody principles such as preservation and recreation of natural landscape features and minimization of imperviousness to create functional and appealing site drainage that treats stOlmwater as a resource, rather than a waste product. LID Measures include rain barrels and cisterns. green roofs, permeable pavement. preservation of undeveloped open space, and biotreatment through rain gardens. bioretention units, bioswales, and planter/tree boxes. The design and implementation of the LID Measures must be in accordance with the guidelines and technical specifications provided by the city or other city- approved authority and the requirements of Order No. R2-2009-0074 and any subsequent orders. (g) "Permanent Stormwater Pollution Prevention Measures" or "PSPPM" means any approved combination of source control measures, site design measures, and/or stormwater treatment measures that reduce stormwater pollution to the maximum extent practicable as required by Order No. R2-2009-0074 01 119 under NPDES Permit No. CAS612008 CAS029718 issued by the Water Board, as it may be amended from time to time. The design and implementation of the PSPPM must be in accordance with the guidelines and technical specifications provided by the city or other city-approved authority and the requirements of Order No. R2-2009-0074 01 119. and any subsequent orders. 101019 jb 0130617 4 Not Yet Approved (h) "Significant Redevelopment Project" means any private or public project under the planning and building authority jurisdiction of the city for which, on or after August 10,2006, a privately sponsored development project application is deemed complete, or, ,tVith respect to any public project, for '.vhich funding is committed, on a previously developed site that creates 10,000 square feet or more of additional or replacement impervious surface collectively over the entire project site, including but not limited to roof area, parking lots, street, and other hardscape associated with commercial, industrial, residential subdivision. mixed-use, and public land development projects. and private '.va I kV/ay s. "Significant redevelopment project" also means any private or public project under the planning and building jurisdiction of the city for which, prior to August 10, 2006, a privately sponsored development application was deemed complete or, with respect to any public project, for which funding '.vas committed, on a previously developed site that creates additional or replacement imperviolls surface and is in one of the categories described in subsections (e)(I), (e)(2), or (e)(3) below. (1) A project shall be considered a significant redevelopment project if it results in the addition or replacement of an amount of impervious surface collectively over the entire project site, including but not limited to parking lots, roof area, streets, and private '.valkviays equal to or more than one of tile following thresholds: --I. One acre (43,560 square feet); or ii. 10,000 square feet if the project is in one of the following land use categories: a. Auto service stations; b. Auto wrecking or salvage yards. (2) l\ project shall be considered a significant redevelopment project if it results in the addition or replacement of 10.000 square feet or more of impervious surface area used for one of the following functions: 1. Loading dock; or ii. Surface parking lot. (3) A project shall be considered a significant redevelopment project if it results in the addition or replacement of 10,000 square feet or more of impervious surface area used for one of the functions described belm", and the project developer fails to demonstrate to the city eflgineer that potential pollutant loading \-vill be satisfactorily mitigated through post construction source control and site design practices: I. Outdoor vehicle or eqUipment main~enanee (including 'Nashing and repair): II. Outdoor handling or storage ohvaste or hazardous materials; III. Outdoor manufacturing; IV. Outdoor food handling or processing; v. Ol:ltdoor animal care: 101019 jb 0130617 5 Not Yet Approved VI. Outdoor horticultural activities; or vii. Other outdoor activities of industrial or commercial uses. (4) For projects that include one of the land use functions listed in suesections (e)(2) or (0)(3) above, the significant redevelopment project shall oonsist of only the portion of the site containing the specific land use function. (5) A project in one of the follov/ing categories shall not be considered a signifioant redevelopment project regardless of the amount of impervious surface it creates: Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. (I) Exceptions. The following redevelopment shall not constitute a Significant Redevelopment Project: etA) Interior remodels; (itID Routine maintenance or repair including, but not limited to, roof or uexteriorusurface replacement, QLpavement resurfacing, repaving and road pavement struotural section rehaeilitation within the existing pavement footprint, and any other reconstruotion work within a public street or road right of way 'Nhere eoth sides of the street or right of way are developed; or (ffiC) An individual detached single-family home, which is not part of a larger common plan of redevelopment .. an4-that is designed with appropriate source control and site design measures. (2) Partial redevelopment. Significant Redevelopment Projects that result in an increase of. or replacement of, more than fifty percent of the impervious surface of a previous Iv existing development that was not subject to this Chapter shall include Permanent Stormwater Pollution Prevention Measures sufficient to reduce water quality impacts of storm water runoff from the entire site for the life of the project. Significant Redevelopment Projects that result in an increase of, or replacement of, fifty percent or less of the impervious surface of a preyiously existing development that was not subject to this Chapter shall include Permanent Stormwater Pollution Prevention Measures sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the project. (i) "Road Project" means a project to construct new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads, that creates 10,000 square feet or more of newly constructed contiguous impervious surface and that falls under the building and planning authority of the city. The following projects are not considered Road Projects for the purposes of this Chapter: 101019 jb 0130617 6 Not Yet Approved (1) Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas. (2) Bicycle lanes that are built as part of new streets or roads but are not hydraulically connected to the new streets or roads and that direct storm water runoff to adjacent vegetated areas. (3) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces (includes pervious concrete, porous asphalt. permeable concrete unit pavers, and granular materials). (4) Caltrans highway projects and associated facilities. _____ (tl) "Site Design Measures" means any project design features that reduce stonnwater pollution by decreasing or slowing stonnwater runoff or intercepting the flow of runoff across a series of contiguous impervious surfaces. (gk) "Source Control Measures" means any project design features that aim to prevent stormwater pollution by eliminating or reducing the potential for contamination at the source of pollution. (ltD "Stormwater Treatment Measures" means any engineered system designed to remove pollutants from stormwater by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical prOcess. (m) "Street Widening" means widening of existing streets or roads with additional traffic lanes. (1) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road that was not subject to this Chapter, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system desilll1. (2) Where the addition of traffic lanes results in an alteration of less than 50 percent of the impervious surface of an existing street or road that was not subject to this Chapter, only the new and/or replaced impervious surface of the project must be included in the treatment system design. However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated. any onsite treatment svstem must be designed and sized to treat storm water runoff from the entire street or road. (n) "Trail Project" means a project to construct new impervious trails greater than 10-feet wide or creekside trails (within 50 feet of the top of bank) that creates 10,000 square feet or more of newly constructed contiguous impervious surface and that falls under the building and planning authority of the city. The following projects are not considered Trail Projects for the purposes of this Chapter: 101019 jb 0130617 7 Not Yet Approved (1) Impervious trails built to direct stormwater runoff to adjacent vegetated areas. or other non-erodible permeable areas. preferably awav from creeks or towards the outboard side of levees. (2) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces (includes pervious concrete. porous asphalt. unit pavers, and granular materials)." SECTION 2. Section 16.11.030 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby amended to read, as follows: "16.11.030 Permanent stormwater pollution prevention measures required. (a) Permanent Stormwater Pollution Prevention Measures shall be incorporated into the following projects (collectively refelTed to sometimes in this Chapter as "Regulated Projects"): (l) All Development Projects shall include permanent stormv/ater pollution P1'e_'~!lti()lll11easures in order to reduee water quality impaets of storm water runoff from the entire site for the life of the projeet.; (2) All Significant Redevelopment Projects shall inelude permanent stormwater pollution prevention measures in order to reduoe v/ater quality impasts of storm water runoff for the life of the projeet.; (a) All signifieant redevelopment projeets shall indude permanent stormwater pollution prevention measures in order to reduoe 'NateI' quality impasts of storm water runoff for the life of the projeot. . (b) Signifieant redevelopment projests that result in an inerease of, or replaeement of, more than fifty peroent of the impervious surraee of a previously eJcisting development shall include permanent storm water pollution prevention measures suffieient to reduee water q'elality impaots of stormwater runoff from the entire site for the life of the projeot. (3) All Road Projects; (4) Effective December], 20] ], all High Impact Projects; (5) Effective December 1,2011, all Trail Projects; ( 6) Effective December 1, 2011, all Street Widening Projects. (b) Any Permanent Stormwater Pollution Prevention Measure required by this section must be in effect during the entire life of the project. (c) Effective December I. 2011, unless the project is exempt as a special project pursuant to administrative guidelines adopted by the city engineer and approved bv the Water 101019 jb 0130617 8 Not Yet Approved Board. all Permanent Storm water Pollution Prevention Measures shall include the following Low Impact Development (LID) Measures or other alternative measures to be approved by the city engineer: ( I) Source Control Requirements (A) Minimization of stormwater pollutants of concern in urban runoff through measures that may include plumbing of the following discharges to the sanitary sewer, subject to the city's authority and standards as contained in Chapter] 6.09: (i) Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants; (ii) Dumpster drips from covered trash, food waste and compactor enclosures; (iii) Discharges from covered outdoor wash areas for vehicles, equipment, and accessories; ll.Yl Swimming pool water, if discharge to onsite vegetated areas is not a feasible option: and (v) Fire sprinkler test water. if discharge to onsite vegetated areas is not a feasible option; (B) Properly designed covers. drains, and storage precautions for outdoor material storage areas, loading docks. repair/maintenance bays. and fueling areas; (C) Properly designed trash storage areas; (D) Landscapim! that minimizes irrigation and runoff, promotes surface infiltration. minimizes the use of pesticides and feltilizers. and incorporates other appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping; (E) Efficient irrigation svstems: and (F) Storm drain system stenciling or signage. (2) Site Design and Stormwater Treatment Requirements (A) Minimization of disturbances of natural water bodies and drainage systems: minimization of compaction of highly permeable soils: protection of slopes and channels: and minimization of impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies: (B) Conservation of natural areas, including existing trees, other vegetation, and soils: (C) Minimization of impervious surfaces; (D) Minimization of disturbances to natural drainages; 101019 jb 0130617 9 Not Yet Approved (E) Minimization of storm water runoff by implementation of one or more of the following site design measures: • Direct roof runoff into cisterns or rain barrels for reuse. • Direct roof runoff onto vegetated areas. • Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, and/or patios with permeable surfaces. • Construct driveways, bike lanes, and/or uncovered parking lots with permeable surfaces. (F) Treatment of 100% of the amount of runoff identified in Section Cd) below for the Regulated Project's drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility. n_~_ Ci) LID treatment measures are harvesting and re-use, infiltration, evapotranspiration, or biotreatment. (ij) A properly engineered and maintained biotreatment system may be considered only if it is infeasible to implement harvesting and re-use. infiltration. or evapotranspiration at a project site. (iii) Infeasibility to implement harvesting and re-use, infiltration, or evapotranspiration at a project site shall be determined in accordance with criteria approved by the Water Board and the city engineer. (iv) Biotreatment systems shall be designed to have a surface area no smaller than what is required to accommodate a 5 inches/hour stormwater runoff surface loading rate. The planting and soil media for biotreatment systems shall be designed to sustain plant growth and maximize storm water runoff retention and pollutant removal and shall conform to material specifications approved by the Water Board and the city engineer. Cv) Green roofs may be considered biotreatment systems for treatment of roof runoff only if they conform to specifications approved by the Water Board and the city engineer. (eQ) Stormwater treatment measures proposed as part of a project's Permanent Stormwater Pollution Prevention Measures shall be designed in accordance with the following hydraulic sizing criteria to treat stormwater runoff. (1) Volume Hydraulic Design Basis. Stormwater treatment measures whose primary mode of action depends on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat stormwater runoff equal to: (fA) The maximized storm water quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture 101019 jb 0130617 10 Not Yet Approved coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998), pages 175 -178 (e.g. approximately the 85th percentile 24-hour storm runoff event); or (fiB) The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in the California Stormwater Best Management Practices Handbook for New Development and Redevelopment (2003), using local rainfall data. (2) Flow Hydraulic Design Basis. Stormwater treatment measures whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat: (iA) Ten percent of the 50-year peak flow rate; or (i-i-.!~) The flow of runoff produced by a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depths; or (ffiC) The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. (3) Combination Flow and Volume Design Basis Treatment systems that use a combination of flow and volume capacity shall be sized to treat at least 80 percent of the total runoff over the life of the project, using local rainfall data. (~) All plans and construction are subject to inspection and approval by the city engineer. (eD Compliance with Chapter. Prior to the issuance of a building permit or other discretionaJY permit for a Regulated Project, the project applicant shall submit a certification by a qualified third party reviewer acceptable to the city that the design of the project complies with the requirements of this Chapter. In addition, no final building or occupancy permit shall be . issued without the written certification by a qualified third party receiver acceptable to ef-the eity City engineer that the requirements of this chapter have been satisfied. by a qualified third party revievler acceptable to the city that a Regulated Project was constructed or installed in accordance with the approved plans. The third party reviewer must be a Civil Engineer, Licensed Architect or Landscape Architect registered in the State of California, or staff of another Permittee subject to the requirements of the current NPDES permit issued to the City and must have current training on storm water treatment system design for water quality. Any consultant or contractor hired to design and/or construct a stormwater treatment svstem for a Regulated Project shall not perform the third party review for said project. Such certification~ shall be in the form prescribed by the city engineer and shall not be issued without payment of all applicable fees which may be imposed for administration of this chapter. At the City's sole election, the city engineer may provide any of the certifications required by this section." 101019 jb 0130617 11 Not Yet Approved ( c) All hydromodification manage~ent measures are subject to inspection and approval by the city engineer." SECTION 4. Section 16.11.034 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby added to read, as follows: "16.11.034 Limitations on Use of Infiltration Devices. Anv Permanent Storm water Pollution Prevention Measure (PSPPM) which functions primarily as an Infiltration Device shall be designed such that: Ca) Appropriate pollution prevention and source control measures are implemented to protect groundwater at the project site. including the inclusion of a minimum of two feet of suitable biotreatment media soil to achieve a maximum 5 inches/hour infiltration rate for the infiltration system; (b) Adequate maintenance is provided to maximize pollutant removal capabilities; Cc) The vertical distance from the base of any Infiltration Device to the seasonal high gmuflawatermark is at least 10 feet (or an alternative larger distance if the site is determined by the city engineer to be a high-risk site): Cd) Unless stormwater is first treated by a method other than infiltration, Infiltration Devices are not approved as treatment measures for runoff from areas of industrial or light industrial activity; areas subject to high vehicular traffic (i.e., 25,000 or greater average dailv traffic on a main roadway or 15,000 or more average daily traffic on anv intersecting roadway): automotive repair shops; commercial car washes: fleet storage areas; nurseries; and other land uses that pose a higb threat to water quality; (e) Infiltration Devices are not placed in the vicinity of known sailor groundwater contamination sites unless it has been demonstrated that increased infiltration will not increase leaching of contaminants from soiL alter groundwater flow conditions affecting contaminant mignition in groundwater. or adversely affect remedial activities: and (f) Infiltration Devices are located a minimum of 100 feet (or an alternative larger distance if the site is determined by the city engineer to be a high-risk site) horizontally away from any known water supplv wells. septic systems, and underground storage tanks with hazardous materials." SECTION 5. Section 16.11.036 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby added to read. as follows: "16.11.036 Required Site Design Measures for Small Projects and Detached Single-Familv Home Projects (a) Effective December I, 20 12. any private or public project under the planning and building authority of the city which creates and/or replaces between 2,500 square feet and 10,000 101019 jb 0130617 13 Not Yet Approved square feet of impervious surface, and detached single-family home projects which are not part of a larger plan of development which create and/or replace 2,500 square feet or more of impervious surface, shall install one or more of the following site design measures: • • • Direct roof runoff into cisterns or rain barrels for reuse. Direct roof runoff onto vegetated areas. Direct runoff from sidewalks. walkways. and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways. patios. driveways, bike lanes, and/or uncovered parking lots with permeable surfaces (includes pervious concrete, porous asphalt, permeable concrete unit pavers, and granular materials)." SECTION 6. Section 16.11.038 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby added to read. as follows: "16.11.038 Administrative Guidelines The City Engineer shall have authority to promulgate administrative guidelines to assist in the implementation of this Chapter: SECTION 7. The City Council finds that the adoption of this ordinance does not constitute a project under the California Environmental Quality Act. SECTION 8. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: 101019 jb 0130617 14 Not Yet Approved City Manager Senior Asst. City Attorney Director of Public Works 101019 jb 0130617 15 ATIACHMENTB Not Yet Approved Resolution No. ----Resolution of the Council of the City of Palo Alto Amending the Fiscal Year 2011 Municipal Fee Schedule to Reduce Plan Cbeck Fees For Land Development Projects Subject to Palo Alto Municipal Code Chapter 16.11 WHEREAS, in 2001, the San Francisco Bay Regional Water Quality Control Board (Regional Board) identified land development activity as a significant potential pollutant source in the region, threatening the water quality in local creeks and San Francisco Bay; and WHEREAS, on May 13, 2003, the City Council adopted a storm water pollution prevention ordinance that required projects that create or replace one acre or more of impervious surface to incorporate treatment measures and other appropriate source control and site design measures into projects to reduce pollutant discharges to the maximum extent practicable; and WHEREAS, the Regional Board imposed stricter land development controls in each subsequent permit issuance in an effort to further minimize the impacts of development activity on area waterways; and WHEREAS, the Municipal Regional Permit (MRP) specified programs and measures to be conducted by local agencies to minimize storm water pollution over the next five years; and WHEREAS, Ordinance No. (Attachment A), adopted by the Council on ____ ...,---_' 2010, modified the City's existing storm water pollution prevention regulations once again in order to comply with the new provisions of the MRP, with the most significant change being the new requirement that regulated projects utilize Low Impact Development (LID) measures to treat storm water runoff beginning in December 2011; and WHEREAS, staff proposes a new requirement mandating that permit applicants for regulated projects have the design of their storm water treatment measures reviewed and certified by an approved third-party engineering professional and that the installed treatment measures be inspected by a third-party to certify that the measures have been installed in accordance with the approved plans; and WHEREAS, the new requirements will ease the workload burden on Public Works staff and provide permit applicants with a higher degree of control over the permit review process; and WHEREAS, staff proposed lowering the plan check fee for projects subject to Palo Alto Municipal Code Chapter 16.11 from $800 to $350. NOW, THEREFORE, the Council of the City of Palo Alto does resolve as follows: 101119 jb 0130644 1 Not Yet Approved SECTION 1. The Municipal Fee Schedule is hereby amended to decrease or lower the Plan check Fee for Land Development Projects from $800 per project to $350 per project. An amended fee schedule page showing the updated fees is attached as Exhibit A for reference. SECTION 2. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. . INTRODUCED and PASSED: AYES: NOES: ABSENT: . ABS'fEN'fIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney 101119 jb 0130644 2 Mayor APPROVED: City Manager Director of Public Works Director of Administrative Services ATTACHMENT C Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. C.3. New Development and Redevelopment The goal of Provision C.3 is for the Permittees to use their planning authorities to include appropriate source control, site design, and stormwater treatment measures in new . development and redevelopment projects to address both soluble and insoluble stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low impact development (LID) techniques. C.3.a. New Development and Redevelopment Performance Standard Implementation i. Task Description -At a minimum each Permittee shall: Provision C.3. (1) Have adequate legal authority to implement all requirements of Provision C.3; (2) Have adequate development review and permitting procedures to impose conditions of approval or other enforceable mechanisms to implement the requirements of Provision C.3. For projects discharging directly to CWA section 303(d)-listed waterbodies, conditions of approval must require that post-development runoff not exceed pre-development levels for such pollutants that are listed; (3) Evaluate potential water quality effects and identify appropriate mitigation measures when conducting environmental reviews, such as under CEQA; (4) Provide training adequate to implement the requirements of Provision C.3 for staff, including interdepartmental training; (5) Provide outreach adequate to implement the requirements of Provision C.3, including providing education materials to municipal staff, developers, contractors, construction site operators, and ownerlbuilders, early in the planning process and as appropriate; (6) For all new development and redevelopment projects that are subject to the Permittee's planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate site design measures that may include minimizing land disturbance and impervious surfaces (especially parking lots); clustering of structures and pavement; directing roof runoff to vegetated areas; use of micro-detention, including distributed landscape-based detention; preservation of open space; protection and/or restoration of riparian areas and wetlands as project amenities; (7) For all new development and redevelopment projects that are subject to the Permittee's planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include: • Storm drain stenciling. Page 16 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. • Landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping. • Appropriate covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas. • Covered trash, food waste, and compactor enclosures. • Plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency's authority and standards: • Discharges from indoor floor matiequipment/hood filter wash racks or covered outdoor wash racks for restaurants. • Dumpster drips from covered trash and food compactor enclosures. • Discharges from outdoor covered wash areas for vehicles, equipment, and accessories. • Swimming pool water, if discharge to onsite vegetated areas is not a feasible option. • Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option. (8) Revise, as necessary, General Plans to integrate water quality and watershed protection with water supply, flood control, habitat protection, groundwater recharge, and other sustainable development principles and policies (e.g., referencing the Bay-Friendly Landscape Guidelines). ii. Implementation Level-Most ofthe elements of this task should already be fully implemented because they are required in the Permittees' existing stormwater permits. Due Dates for Full Implementation -Immediate for C.3.a.i.(1)-(5), May 1, 2010 for C.3.a.i.(6)-(7), and December 1,2010 for C.3.a.i.(8). For Vallejo Permittees: December 1,2010 for C.3.a.i.(1)-(8) iii. Reporting -Provide a brief summary of the methode s) of implementation of Provisions c.3.a.L(1)-(8) in the 2011 Annual Report. C.3.b. Regulated Projects i. Task Description -The Permittees shall require all projects fitting the category descriptions listed in Provision C.3.b.ii below (hereinafter called Regulated Projects) to implement LID source control, site design, and stormwater treatment onsite or at a joint stormwater treatment facility2 in accordance with Provisions C.3.c and C.3.d, unless the Provision C.3.e alternate compliance options are evoked. For adjacent Regulated Projects that will discharge runoff to a joint stormwater treatment facility, the treatment facility must be completed by 2 Joint storm water treatment facility -Storm water treatment facility built to treat the combined runoff from two or more Regulated Projects located adjacent to each other, Provisioh C.3. Page 17 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. the end of construction of the first Regulated Project that will be discharging runoff to the joint stormwater treatment facility. Regulated Projects, as they are defined in this Provision, do not include detached single-family home projects that are not part of a larger plan of development. ii. Regulated Projects are defined in the following categories: (1) Special Land Use Categories Provision C.3. (a) New Development or redevelopment projects that fall into one of the categories listed below and that create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site). This category includes development projects of the following four types on public or private land that fall under the planning and building authority of a Permittee: (i) Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013,5014,5541, 7532- 7534, and 7536-7539; (ii) Retail gasoline outlets; (iii) Restaurants (SIC Code 5812); or (iv) Uncovered parking lots that are stand-alone or part of any other development project. This category includes the top uncovered portion of parking structures unless drainage from the uncovered portion is connected to the sanitary sewer along with the covered portions of the parking structure. (b) For redevelopment projects in the categories specified in Provision C.3.b.ii.(1 )(a)(i)-(iv), specific exclusions are: (i) Interior remodels; (ii) Routine maintenance or repair such as: • roof or exterior wall surface replacement, • pavement resurfacing within the existing footprint. (c) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of more than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project). (d) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration ofless than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the freatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project). Page 18 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C.3. (e) For any private development project in the categories specified in Provisions C.3.b.ii.(1)(a)(i)-(iv) for which a planning application has been deemed complete by a Permittee on or before the Permit effective date, the lower 5000 square feet impervious surface threshold (for classification as a Regulated Project) shall not apply so long as the project applicant is diligently pursuing the project. Diligent pursuance may be demonstrated by the project applicant's submittal of supplemental information to the original application, plans, or other documents required for any necessary approvals of the project by the Permittee. If during the time period between the Permit effective date and the required implementation date of December 1, 2011, for the 5000 square feet threshold, the project applicant has not taken any action to obtain the necessary approvals from the Permittee, the project will then be subject to the lower 5000 square feet impervious surface threshold specified in Provision C.3.b.ii.(1). (f) For any private development project in the categories specified in Provisions C.3.b.ii.(1)(a)(i)-(iv) with an application deemed complete after the Permit effective date, the lower 5000 square feet impervious surface threshold (for classification as a Regulated Project) shall not apply if the project applicant has received final discretionary approval for the project before the required implementation date of December 1,2011, for the 5000 square feet threshold. (g) For public projects for which funding has been committed and construction is scheduled to begin by December 1, 2012, the lower 5000 square feet of impervious surface threshold (for classification as a Regulated Project) shall not apply. Effective Date -Immediate, except December 1, 2010, for Vallejo Permittees. Beginning December 1,2011, all references to 10,000 square feet in Provision C.3.b.ii.(1) change to 5,000 square feet. (2) Other Development Projects New development projects that create 10,000 square feet or more of impervious surface (c()llectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. This category includes development projects on public or private land that fall under the planning and building authority of a Permittee. Detached single-family home projects that are not part of a larger plan of development are specifically excluded. Effective Date -Immediate, except December 1,2010, for Vallejo Permittees. Page 19 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C.3. (3) Other Redevelopment Projects Redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. This category includes redevelopment projects on public or private land that fall under the planning and building authority of a Permittee. Specific exclusions to this category are: • Interior remodels . • Routine maintenance or repair such as: • roof or exterior wall surface replacement, or • pavement resurfacing within the existing footprint. .. (a) Where a redevelopment project results in an alteration of more than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project). (b) Where a redevelopment results in an alteration of less than 50 percent of the impervious surface of a previously existing development that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project). Effective Date -Immediate, except December 1, 2010, for Vallejo Permittees. (4) Road Projects Any of the following types of road projects that create 10,000 square feet or more of newly constructed contiguous impervious surface and that fall under the building and planning authority of a Permittee: (a) Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads. (b) Widening of existing streets or roads with additional traffic lanes. (i) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., Page 20 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. 3 stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire street or road that had additional traffic lanes added). (ii) Where the addition of traffic lanes results in an alteration of less than 50 perc~nt of the impervious surface of an existing street or road that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from only the new traffic lanes). However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated, any onsite treatment system must be designed and sized to treat stormwater runoff from the entire street or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with Provision C.3.e, the offsite treatment system or in-lieu fees must address only the stormwater runoff from the added traffic lanes. (c) COllstruction of impervious trails that are greater than 10 feet wide or are creek-side (within 50 feet ofthe top of bank). (d) Specific exclusions to Provisions C.3.b.ii.(4)(a)-(c) are: • Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas. • Bicycle lanes that are built as part of new streets or roads but are not hydraulically connected to the new streets or roads and that direct stormwater runoff to adjacent vegetated areas. • Impervious trails built to direct stormwater runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees. • Sidewalks, bicycle lanes, or trails constructed with permeable surfaces. 3 • Caltrans highway projects and associated facilities. (e) For any private road or trail project described by Provisions C.3.b.ii.(4)(b) or (c) for which a planning application has been deemed complete by a Permittee on or before the Permit effective date, the requirements of Provisions C.3.b.ii.(4)(b) or (c) to classify the project as a Regulated Project shall not apply so long as the project applicant is diligently pursuing the project. Diligent pursuance may be demonstrated by the project applicant's submittal of supplemental information to the original application, plans, or other documents required for any necessary approvals of the project by the Permittee. If during the time period between the Permit effective date and the required implementation date of December 1, 2011, for Provisions C.3.b.ii.(4)(b) and (c), the project applicant has not taken Permeable surfaces include pervious concrete, porous asphalt, unit pavers, and granular materials. Provision C.3. Page 21 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. any action to obtain the necessary approvals from the Permittee, the project will then be classified as a Regulated Project under Provisions C.3.b.ii.(4)(b) or (c). (f) For any private road or trail project with an application deemed complete after the Permit effective date, the requirements of Provisions C.3.b.i.(4)(b) or (c) to classify the project as a Regulated Project shall not apply if the project applicant has received final discretionary approval for the project before the required implementation date of December 1, 2011, for Provisions C.3.b.ii.(4)(b) and (c). (g) For any public road or trail project for which funding has been committed and construction is scheduled to begin by December 1, 2012, the requirements of Provisions C.3.b.i.(4)(b) or (c) to classify the project as a Regulated Project shall not apply. Effective Date -Immediate for C.3.b.ii.(4)(a) and (d)-(g), and December 1, 2011, for C.3.b.ii.(4)(b) and (c). For Vallejo Permittees: Immediate for .. C.3.b.ii.(4)(d)-(g),and December 1,2011 for C.3.b.ii.(4)(a)-(c). iii. Green Street Pilot Projects Provision C.3. The Permittees shall cumulatively complete ten pilot green street projects that incorporate LID techniques for site design and treatment in accordance with Provision C.3.c and that provide stormwater treatment sized in accordance with Provision C.3.d. It is also desirable that they meet or exceed the Bay-Friendly Landscape Scorecard minimum requirements (see www.BayFriendly.org). (1) Parking lot projects that provide LID treatment in accordance with Provisions C.3.c and Provision C.3.d. for stormwater runoff from the parking lot and street may be considered pilot green street projects. (2) A Regulated Project (as defined in Provision C.3.b.ii) may not be counted as one of the ten pilot green street projects. (3) At least two pilot green street projects must be located in each of the following counties: Alameda, Contra Costa, San Mateo, and Santa Clara. (4) The Permittees shall construct the ten pilot green street projects in such a manner that they, as a whole: (a) Are representative of the various types of streets: arterial, collector, and local; and (b) Contain the following key elements: (i) Stormwater storage for landscaping reuse or stormwater treatment and/or infiltration for groundwater replenishment through the use of natural feature systems; (ii) Creation of attractive streetscapes that enhance neighborhood livability by enhancing the pedestrian environment and introducing park-like elements into neighborhoods; Page 22 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. 4 (iii) Service as an urban greenway segment that connects neighborhoods, parks, recreation facilities, schools, mainstreets, and wildlife habitats; (iv) Parking management that includes maximum parking space requirements as opposed to minimum parking space requirements, parking requirement credits for subsidized transit or shuttle service, parking structures, shared parking, car sharing, or on-street diagonal parking; (v) Meets broader community goals by providing pedestrian and, where appropriate, bicycle access; and (vi) Located in a Priority Development Area as designated under the Association of Bay Area Government's and Metropolitan Transportation Commission's FOCUS4 program. (5) The Permittees shall conduct appropriate monitoring of these projects to document the water quality benefits achieved. Appropriate monitoring may include modeling using the design specifications and specific site conditions. Due Date -All pilot green street projects shall be completed by December 1,2014. iv. Implementation Level-All elements of Provision C.3.b.i.-iii shall be fully implemented by the effective/due dates set forth in their respective sub- provision, and a database or equivalent tabular format shall be developed and maintained that contains all the information listed under Reporting (Provision C.3.b.v.). Due Dates for Full Implementation -See specific Effective Dates listed under Provisions C.3.b.ii& iii .. The database or equivalent tabular format required by Provision C.3.b.iv shall be developed by December 1,2010. (For Vallejo Permittees: December 1,2011) v. Reporting (1) Annual Reporting -C.3.h.ii. Regulated Projects For each Regulated Project approved during the fiscal year reporting period, the following information shall be reported electronically in the fiscal year Annual Report, in tabular form (as set forth in the attached Provision C.3.b. Sample Reporting Table): (a) Project Name, Number, Location (cross streets), and Street Address; (b) Name of Developer, Phase No. (if project is being constructed in phases, each phase should have a separate entry), Project Type (e.g., commercial, industrial, multiunit residential, mixed-use, public), and description; (c) Proj ect watershed; (d) Total project site area and total area of land disturbed; FOCUS is a regional incentive-based development and conservation strategy for the Bay Area. Provision C.3. Page 23 Date: October 14,2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C. 3. (e) Total new impervious surface area and/or total replaced impervious surface area; (t) If redevelopment or road widening project, total pre-project impervious surface area and total post-project impervious surface area; (g) Status of project (e.g., application date, application deemed complete date, project approval date); (h) Source control measures; (i) Site design measures; G) All post-construction stormwater treatment systems installed onsite, at ajoint stormwater treatment facility, and/or at an offsite location; (k) Operation and maintenance responsibility mechanism for the life of the project. (1) Hydraulic Sizing Criteria used; (m) Alternative compliance measures for Regulated Project (if applicable) (i) If alternative compliance will be provided at an offsite location ill accordance with Provision C.3 .e.i.(1), include information required in Provision C.3.b.v.(a) -(1) for the offsite project; and (ii) If alternative compliance will be provided by paying in-lieu fees in accordance with Provision C.3.e.i.(2), provide information required in Provision C.3.b.v.(a) -(1) for the Regional Project. Additionally, provide a summary of the Regional Project's goals, duration, estimated completion date, total estimated cost of the Regional Project, and estimated monetary contribution from the Regulated Project to the Regional Project; and (n) Hydromodification (HM) Controls (see Provision C.3.g.) -If not required, state why not. If required, state control method used. (2) Pilot Green StreetsProject Reporting -Provision C.3.h.iii. (a) On an annual basis, the Permittees shall report on the status of the pilot green street projects. (b) For each completed project, the Permittees shall report the capital costs, operation and maintenance costs, legal and procedural arrangements in place to address operation and maintenance and its associated costs, and the sustainable landscape measures incorporated in the project including, if relevant, the score from the Bay-Friendly Landscape Scorecard. (c) The 2013 Annual Report shall contain a summary of all green street projects completed by January 1, 2013. The summary shall include for each completed project the following information: (i) Location of project (ii) Size of project, including total impervious surface treated (iii) Map(s) of project showing areas where stormwater runoff will be treated by LID measures Page 24 Date: October 14, 2009 \ Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. (iv) Specific'type(s) of LID treatment measures included (v) Total and specific costs of project (vi) Specific funding sources for project and breakdown of percentage paid by each funding source (vii) Lessons learned, including recommendations to facilitate funding and building of future projects (viii)Identification of responsible party and funding source for operation and maintenance. C.3.c. Low Impact Development (LID) The goal of LID is to reduce runoff and mimic a site's predevelopment hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, andlor biotreating stormwater runoff close to its source. LID employs principles such as preserving and recreating natural landscape features and minimizing imperviousness to create functional and appealing site drainage that treats stormwater as a resource, rather than a waste product. Practices used to adhere _to:these LID principles include measures such as rain barrels and cisterns, green roofs, permeable pavement, preserving undeveloped open space, and biotreatment through rain gardens, bioretention units, bioswales, and planter/tree boxes. Task Description i. The Permittees shall, at a minimum, implement the following LID requirements: Provision C.3. (1) Source Control Requirements Require all Regulated Projects to implement source control measures onsite that at a minimum, shall include the following: (a) Minimization of stormwater pollutants of concern in urban runoff through measures that may include plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency's authority and standards: • Discharges from indoor floor matiequipment/hood filter wash racks or covered outdoor wash racks for restaurants; • Dumpster drips from covered trash, food waste and compactor enclosures; • Discharges from covered outdoor wash areas for vehicles, equipment, and accessories; • Swimming pool water, if discharge to onsite vegetated areas is not a feasible option; and • Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option; (b) Properly designed covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas; (c) Properly designed trash storage areas; Page 25 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C.3. (d) Landscaping that minimizes irrigation and runoff, promotes surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping; (e) Efficient irrigation systems; and (f) Storm drain system stenciling or signage. (2) Site Design and Stormwater Treatment Requirements (a) Require each Regulated Project to implement at least the following design strategies onsite: (i) Limit disturbance of natural water bodies and drainage systems; minimize compaction of highly permeable soils; protect slopes and channels; and minimize impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies; (ii) Conserve natural areas, including existing trees, other vegetation, and soils; (iii) Minimize impervious surfaces; (iv) Minimize disturbances to natural drainages; and (v) Minimize stormwater runoff by implementing one or more of the following site design measures: • Direct roof runoff into cisterns or rain barrels for reuse. • Direct roof runoff onto vegetated areas. • Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, and/or patios with permeable surfaces.3 • Construct driveways, bike lanes, and/or uncovered parking lots with permeable surfaces.3 (b) Require each Regulated Project to treat 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project's drainage area with LID treatment measures onsite or with LID treatment measures at ajoint stormwater treatment facility. (i) LID treatment measures are harvesting and re-use, infiltration, evapotranspiration, or biotreatment. (ii) A properly engineered and maintained biotreatment system may be considered only if it is infeasible to implement harvesting and re-use, infiltration, or evapotranspiration at a project site. (iii) Infeasibility to implement harvesting and re-use, infiltration, or evapotranspiration at a project site may result from conditions including the following: Page 26 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. . Provision C.3. • Locations where seasonal high groundwater would be within 10 feet of the base of the LID treatment measure. • Locations within 100 feet of a groundwater well used for drinking water. • Development sites where pollutant mobilization in the soil or groundwater is a documented concern. • Locations with potential geotechnical hazards. • Smart growth and infill or redevelopment sites where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement. • Locations with tight clay soils that significantly limit the infiltration of stormwater. (iv) By May 1,2011, the Permittees, collaboratively or individually, shall submit a report on. the criteria and procedures the Permittees shall employ to determine when harvesting and re- use, infiltration, or evapotranspiration is feasible and infeasible at a Regulated Project site. This report shall, at a minimum, contain the information required in Provision C.3 .c.iii.(1). (v) By December 1,2013, the Permittees, collaboratively or individually, shall submit a report on their experience with determining infeasibility of harvesting and re-use, infiltration, or evapotranspiration at Regulated Project sites. This report shall, at a minimum, contain the information required in Provision C.3 .iii.(2). (vi) Biotreatment systems shall be designed to have a surface area no smaller than what is required to accommodate a 5 incheslhour stormwater runoff surface loading rate. The planting and soil media for biotreatment systems shall be designed to sustain plant growth and maximize stormwater runoff retention and pollutant removal. By December 1,2010, the Permittees, working collaboratively or individually, shall submit for Water Board approval, a proposed set of model biotreatment soil media specifications and soil infiltration testing methods to verify a long-term infiltration rate of 5 to 10 incheslhour. This submittal to the Water Board shall, at a minimum, contain the information required in Provision C.3.c.iii.(3). Once the Water Board approves biotreatment soil media specifications and soil infiltration testing methods, the Permittees shall ensure that biotreatment systems installed to meet the requirements of Provision C.3.c and d comply with the Water Board-approved minimum specifications and soil infiltration testing methods. (vii) Green roofs may be considered biotreatment systems that treat roofrunoff only if they meet certain minimum specifications. By May 1, 2011, the Permittees shall submit for Water Board approval, proposed minimum specifications for green roofs. Page 27 Date: October 14,2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. This submittal to the Water Board shall, at a minimum, contain the information required in Provision C.3.c.iii.(4). Once the Water Board approves green roof minimum specifications, the Permittees shall ensure that green roofs installed to meet the requirements of Provision C.3.c and d comply with the Water Board-approved minimum specifications. (c) Require any Regulated Project that does not comply with Provision C.3 .c.i.(2)(b) above to meet the requirements established in Provision C.3.e for alternative compliance. ii. Implementation Level-All elements of the tasks described in Provision C.3 .c.i shall be fully implemented. Due Date for Full Implementation -December 1, 2011 (1) For any private development project for which a planning application has been deemed complete by a Permittee on or before the Permit effective date, Provision C.3.c.i shall not apply so long as the project applicant is diligently pursuing the project. Diligent pursuance may be demonstrated by the project applicant's submittal of supplemental information to the original application, plans, or other documents required for any necessary approvals of the project by the Permittee. If during the time period between the Permit effective date and"the required implementation date of December 1,2011, the project applicant has not taken any action to obtain the necessary approvals from the Permittee, the project will then be subject to the requirements of Provision C.3.c.i. (2) For any private development project with an application deemed complete after the Permit effective date, the requirements of Provision C.3.c.i shall not apply if the project applicant has received final discretionary approval for the proj ect before the required implementation date of December 1, 2011. (3) For public projects for which funding has been committed and construction is scheduled to begin by December 1,2012, the requirements of Provision C.3.c.i shall not apply. iii. Reporting Provision CJ (1) Feasibility/Infeasibility Criteria Report -By May 1,2011, the Permittees, collaboratively or individually, shall submit a report to the Water Board containing the following information: • Literature review and discussion of documented cases/sites, particularly in the Bay Area and California, where infiltration, harvesting and reuse, or evapotranspiration have been demonstrated to be feasible and/or infeasible. • Discussion of proposed feasibility and infeasibility criteria and procedures the Permittees shall employ to make a determination of when biotreatment will be allowed at a Regulated Project site. Page 28 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C.3. (2) Status Report on Application of Feasibility/Infeasibility Criteria -By December 1,2013, the Permittees shall submit a report to the Water Board containing the following information: • Discussion of the most common feasibility and infeasibility criteria employed since implementation of Provision C.3.c requirements, including site-specific examples; • Discussion of barriers, including institutional and technical site specific constraints, to implementation of harvesting and reuse, infiltration, or evapotranspiration, and proposed strategies for removing these identified barriers; • If applicable, discussion of proposed changes to feasibility and infeasibility criteria and rationale for the changes; and • Guidance for the Permittees to make a consistent and appropriate determination of the feasibility of harvesting and reuse, infiltration, or evapotranspiration for each Regulated Project. (3) Model Biotreatment Soil Media Specifications -By December 1,2010, the Permittees, collaboratively or individually, shall submit a report to the Water Board containing the following information: • Proposed soil media specifications for biotreatment systems; • Proposed soil testing methods to verify a long-term infiltration rate of 5- 10 incheslhour; • Relevant literature and field data showing the feasibility of the minimum design specifications; • Relevant literature, field, and analytical data showing adequate pollutant removal and compliance with the Provision C.3.d hydraulic sizing criteria; and • Guidance for the Permittees to apply the minimum specifications in a consistent and appropriate manner. (4) Green Roof Minimum Specifications -By May 1,2011, the Permittees, collaboratively or individually, shall submit a report to the Water Board containing the following information: • Proposed minimum design specifications for green roofs; • Relevant literature and field data showing the feasibility of the minimum design specifications; • Relevant literature, field, and analytical data showing adequate pollutant removal and compliance with the Provision C.3.d hydraulic sizing criteria; • Discussion of data and lessons learned from already installed green roofs; • Discussion of barriers, including institutional and technical site specific constraints, to installation of green roofs and proposed .strategies for removing these identified barriers; and Page 29 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. • Guidance for the Permittees to apply the minimum specifications in a consistent and appropriate manner. (5) Report the methodes) of implementation of Provisions C.3.c.i above in the 2012 Annual Report. For specific tasks listed above that are reported using the reporting tables required for Provision C.3.b.v, a reference to those tables will suffice. C.3.d. Numeric Sizing Criteria for Stormwater Treatment Systems i. Task Description -The Permittees shall require that stormwater treatment systems constructed for Regulated Projects meet at least one of the following hydraulic sizing design criteria: (1) Volume Hydraulic Design Basis -Treatment systems whose primary mode of action depends on volume capacity shall be designed to treat stormwater runoff equal to: (a) The maximized stormwater capture volume for the area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g., approximately the 85th percentile 24-hour storm runoff event); or (b) The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Section 5 of the California Stormwater Quality Association's Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data. (2) Flow Hydraulic Design Basis -Treatment systems whose primary mode of action depends on flow capacity shall be sized to treat: (a) 10 percent of the 50-year peak flowrate; (b) The flow of runoff produced by a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depths; or (c) The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. (3) Combination Flow and Volume Design Basis -Treatment systems that use a combination of flow and volume capacity shall be sized to treat at least 80 percent of the total runoff over the life of the project, using local rainfall data. ii. Implementation Level-The Permittees shall immediately require the controls in this task. Due Date for Full Implementation -Immediate, except December 1,2010, for Vallejo Permittees. iii. Reporting -Permittees shall use the reporting tables required in Provision C.3.b.v. Provision C.3. Page 30 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. iv. Limitations on Use of Infiltration Devices in Stormwater Treatment Systems Provision C.3. (1) For Regulated Projects, each Permittee shall review planned land use and proposed treatment design to verify that installed stormwater treatment systems with no under-drain, and that function primarily as infiltration devices, should not cause or contribute to the degradation of groundwater quality at project sites. An infiltration device is any structure that is deeper than wide and designed to infiltrate stormwater into the subsurface and, as designed, bypass the natural groundwater protection afforded by surface soil. Infiltration devices include dry wells, injection wells, and infiltration trenches (includes french drains). (2) For any Regulated Project that includes plans to install stormwater treatment systems which function primarily as infiltration devices, the Permittee shall require that: (a) Appropriate pollution prevention and source control measures are implemented to protect groundwater at the project site, including the inclusion of a minimum of two feet of suitable soil to achieve a maximum 5 incheslhour infiltration rate for the infiltration system; (b) Adequate maintenance is provided to maximize pollutant removal capabilities; (c) The vertical distance from the base of any infiltration device to the seasonal high groundwater mark is at least 10 feet. (Note that some locations within the Permittees' jurisdictions are characterized by highly porous soils and/or high groundwater tables. In these areas, a greater vertical distance from the base of the infiltration device to the seasonal high groundwater mark may be appropriate, and treatment system approvals should be subject to a higher level of analysis that considers the potential for pollutants (such as from onsite chemical use), the level of pretreatment to be achieved, and other similar factors in the overall analysis of groundwater safety); (d) Unless stormwater is first treated by a method other than infiltration, infiltration devices are not approved as treatment measures for runoff / from areas of industrial or light industrial activity; areas subject to high vehicular traffic (i.e., 25,000 or greater average daily traffic on a main roadway or 15,000 or more average daily traffic on any \ intersecting roadway); automotive repair shops; car washes; fleet storage areas (e.g., bus, truck); nurseries; and other land uses that pose a high threat to water quality; (e) Infiltration devices are not placed in the vicinity of known contamination sites unless it has been demonstrated that increased infiltration will not increase leaching of contaminants from soil, alter groundwater flow conditions affecting contaminant migration in gro~ndwater, or adversely affect remedial activities; and (f) Infiltration devices are located a minimum of 100 feet horizontally away from any known water supply wells, septic systems, and Page 31 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. 5 6 underground storage tanks with hazardous materials. (Note that some locations within the Permittees' jurisdictions are characterized by highly porous soils andlor high groundwater tables. In these areas, a greater horizontal distance from the infiltration device to known water supply wells, septic systems, or underground storage tanks with hazardous materials may be appropriate, and treatment system approvals should be subject to a higher level of analysis that considers the potential for pollutants (such as from onsite chemical use), the- level of pretreatment to be achieved, and other similar factors in the overaH analysis of groundwater safety). C.3.e. Alternative or In-Lieu Compliance with Provision C.3.c. i. The Permittees may allow a Regulated Project to provide alternative compliance with Provision C.3.c in accordance with one of the two options listed below: (1) Option 1: LID Treatment at an Offsite Location Treat a portion of the amount of runoff identified in Provision C.3.d for the Regulated Project's drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility and treat the remaining portion of the Provision C.3.d runoff with LID treatment measures at an offsite project in the same watershed. The offsite LID treatment measures must provide hydraulically-sized treatment (in accordance with Provision C.3.d) of an equivalent quantity of both stormwater runoff and pollutant loading and achieve a net environmental benefit. (2) Option 2: Payment of In-Lieu Fees Treat a portion of the amount of runoff identified in Provision C.3.d for the Regulated Project's drainage area with LID treatment measures onsite or with LID treatment measures at a joint stormwater treatment facility and pay equivalent in-lieu fees5 to treat the remaining portion of the Provision C.3.d runoff with LID treatment measures at a Regional Project.6 The Regional Project must achieve a net environmental benefit. (3) For the alternative compliance options described in Provision C.3.e.i.(1) and (2) above, offsite projects must be constructed by the end of construction of the Regulated Project. If more time is needed to construct the offsite project, for each additional year, up to three years, after the construction of the Regulated Project, the offsite project must provide an additional 10% of the calculated equivalent quantity of both stormwater runoff and pollutant loading. Regional Projects must be completed within three years after the end of construction of the Regulated Project. However, the timeline for completion of the Regional Project may be In-lieu fees -Monetary amount necessary to provide both hydraulically-sized treatment (in accordance with Provision C.3.d) with LID treatment measures of an equivalent quantity of storm water runoff and pollutant loading, and a proportional share of the operation and maintenance costs of the Regional Project. Regional Project - A regional or municipal stormwater treatment facility that discharges into the same watershed that the Regulated Project does. Provision C.3. Page 32 Date: October 14,2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. extended, up to five years after the completion of the Regulated Project, with prior Executive Officer approval. Executive Officer approval will be granted contingent upon a demonstration of good faith efforts to implement the Regional Project, such as having funds encumbered and applying for the appropriate regulatory permits. ii. Special Projects (1) When considered at the watershed scale, certain types of smart growth, high density, and transit-oriented development can either reduce existing impervious surfaces, or create less "accessory" impervious areas and automobile-related pollutant impacts. Incentive LID treatment reduction credits approved by the Water Board may be applied to these types of Special Projects. (2) By December 1,2010, the Permittees shall submit a proposal to the Water Board containing the following information: • Identification of the types of proj ects proposed for consideration of LID treatment reduction credits and an estimate of the number and cumulative area of potential projects during the remaining term of this Permit for each type of project; • Identification of institutional barriers and/or technical site-specific constraints to providing 100% LID treatment onsite that justify the allowance for non-LID treatment measures onsite; • Specific criteria for each type of Special Project proposed, including size, location, minimum densities, minimum floor area ratios, or other appropriate limitations; • Identification of specific water quality and environmental benefits provided by these types of projects that justify the allowance for non- LID treatment measures onsite; • Proposed LID treatment reduction credit for each type of Special Project and justification for the proposed credits. The justification shall include identification and an estimate of the specific water quality benefit provided by each type of Special Project proposed for LID treatment reduction credit; and • Proposed total treatment reduction credit for Special Projects that may be characterized by more than one category and justification for the proposed total credit. iii. Effective Date -December 1, 2011. iv. Implementation Level Provision C.3. (1) For any private development project for which a planning application has been deemed complete by a Permittee on or before the Permit effective date, Provisions C.3.ej-ii shall not apply so long as the project applicant is diligently pursuing the project. Diligent pursuance may be demonstrated by the project applicant's submittal of supplemental information to the original application, plans, or other documents required for any necessary Page 33 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. approvals of the project by the Permittee. If during the time period between the Permit effective date and the required implementation date of December 1, 2011, the project applicant has not taken any action to obtain the necessary approvals from the Permittee, the project will then be subject to the requirements of Provision C.3.ej-ii. (2) For public projects for which funding has been committed and construction is scheduled to begin by December 1, 2012, the requirements of Provisions C.3.ej-ii shall not apply. (3) Provisions C.3.e.i-ii supersede any Alternative Compliance Policies previously approved by the Executive Officer (4) For all offsite projects and Regional Projects installed in accordance with Provision C.3.e.i-ii, the Permittees shall meet the Operation & Maintenance (O&M) requirements of Provision C.3.h. v. Reporting -The Permittees shall submit the ordinance/legal authority and procedural changes made, if any, to implement Provision C.3.e with their 2012 Annual Report. Annual reporting thereafter shall be done in conjunction with -reporting requirements under Provision C.3.b.v. Any Permittee choosing to require 100% LID treatment onsite for all Regulated Projects and not allow alternative compliance under Provision C.3.e, shall include a statement to that effect in the 2012 Annual Report and all subsequent Annual Reports. C.3.f. Alternative Certification of Stormwater Treatment Systems i. Task Description -In lieu of reviewing a Regulated Project's adherence to Provision C.3.d, a Permittee may elect to have a third party conduct detailed review and certify the Regulated Project's adherence to Provision C.3.d. The third party reviewer must be a Civil Engineer or a Licensed Architect or Landscape Architect registered in the State of California, or staff of another Permittee subject to the requirements of this Permit. ii. Implementation Level-Any Permittee accepting third-party reviews must make a reasonable effort to ensure that the third party has no conflict of interest with regard to the Regulated Project in question. That is, any consultant or contractor (or his/her employees) hired to design and/or construct a stormwater treatment system for a Regulated Project shall not also be the certifying third party. The Permittee must verify that the third party certifying any Regulated Project has current training on stormwater treatment system design (within three years of the certification signature date) for water quality and understands the groundwater protection principles applicable to Regulated Project sites. Provision 0.3. Training conducted by an organization with stormwater treatment system design expertise (such as a college or university, the American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, California Water Environment Association (CWEA), BASMAA, National Association of Flood & Stormwater Management Agencies, California Page 34 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. Stormwater Quality Association (CASQA), or the equivalent, may be considered qualifying training. iii. Reporting -Projects reviewed by third parties shall be noted in reporting tables for Provision C.3.b. C.3.g. Hydromodification Management i. Hydromodification Management (HM) Projects are Regulated Projects that create and/or replace one acre or more of impervious surface and are not specifically excluded within the requirements of Attachments B-F. A project that does not increase impervious surface area over the pre-project condition is not an HM Project. All HM Projects shall meet the Hydromodification Management Standard of Provision C.3.g.ii. ii. HM Standard Stormwater discharges from HM Projects shall not cause an increase in the erosion potential of the receiving stream over the pre-project (existing) condition. Increases in runoff flow and volume shall be managed so that post- project runoff shall not exceed estimated pre-project rates and durations, where such increased flow and/or volume is likely to cause increased potential for erosion of creek beds and banks, silt pollutant generation, or other adverse impacts on beneficial uses due to increased erosive force. The demonstration that post-project stormwater runoff does not exceed estimated pre-project runoff rates and durations shall include the following: (1) Range of Flows to Control: For Alameda, Contra Costa, San Mateo, and Santa Clara Permittees, HM controls shall be designed such that post- project stormwater discharge rates and durations match pre-project discharge rates and durations from 10 % of the pre-project 2-year peak flow7 up to the pre-project 10-year peak flow. For Fairfield-Suisun Permittees, HM controls shall be designed such that post-project stormwater discharge rates and durations shall match from 20 percent of the 2-year peak flow up to the pre-project 10-year peak flow. Contra Costa Permittees, when using pre-sized and pre-designed Integrated Management Practices (IMPs) per Attachment C of this Order, are not required to meet the low-flow criterion of 10% of the 2-year peak flow. These IMPs are designed to control 20% of the 2-year peak flow. After the Contra Costa Permittees conduct the required monitoring specified in Attachment C, the design of these IMPs will be reviewed. (2) Goodness of Fit Criteria: The post-project flow duration curve shall not deviate above the pre-project flow duration curve by more than 10 percent 7 Where referred to in this Order, the 2-year peak flow is detennined using a flood frequency analysis based on USGS Bulletin 17 B to obtain the peak flow statistically expected to occur at a 2-year recurrence interval. In this analysis, the appropriate record of hourly rainfall data (e.g., 35-50 years of data) is run through a continuous simulation hydrologic model, the annual peak flows are identified, rank ordered, and the 2-year peak flow is estimated. Such models include USEPA's Hydrologic Simulation Program-Fortran (HSPF), U.S. Anny Corps of Engineers' Hydrologic Engineering Center-Hydrologic Modeling System (HEC-HMS), and USEPA's Storm Water Management Model (SWMM). Provision C.3. Page 35 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. over more than 10 percent of the length of the curve corresponding to the range of flows to control. (3) Precipitation Data: Precipitation data used in the modeling ofHM controls shall, at a minimum, be 30 years of hourly rainfall data representative of the area being modeled. Where a longer rainfall record is available, the longer record shall be used. (4) Calculating Post-Project Runoff: Retention and detention basins shall be considered impervious surfaces for purposes of calculating post-project runoff. Pre-and post-project runoff shall be calculated and compared for the entire site, without separating or excluding areas that may be considered self-retaining. (5) Existing HM Control Requirements: The Water Board has adopted HM control requirements for all Permittees (except for the Vallejo Permittees), and these adopted requirements are attached to this Order as listed below. The Permittees shall comply with all requirements in their own Permittee- specific Attachment, unless otherwise specified by this Order. In all cases, the HM Standard shall be achieved. • Attachment B for Alameda Permittees • Attachment C for Contra Costa Permittees • Attachment D for Fairfield-Suisun Permittees • Attachment E for San Mateo Permittees • Attachment F for Santa Clara Permittees iii. Types of HM Controls Provision C.3. Projects shall meet the HM Standard using any of the following HM controls or a combination thereof. (1) Onsite HM controls are flow duration control structures and hydrologic source controls that collectively result in the HM Standard being met at the point(s) where stormwater runoff discharges from the project site. (2) Regional HM controls are flow duration control structures that collect stormwater runoff discharge from multiple projects (each of which shall incorporate hydrologic source control measures as well) and are designed such that the HM Standard is met for all the projects at the point where the regional HM control discharges. (3) In-stream measures shall be an option only where the stream, which receives runoff from th~ project, is already impacted by erosive flows and shows evidence of excessive sediment, erosion, deposition, or is a hardened channel. In-stream measures involve modifying the receiving stream channel slope and geometry so that the stream can convey the new flow regime without increasing the potential for erosion and aggradation. In-stream measures are intended to improve long-term channel stability and prevent erosion by reducing the erosive forces imposed on the channel boundary. Page 36 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. In-stream measures, or a combination of in-stream and onsite controls, shall be designed to achieve the HM Standard from the point where the· project(s) discharge(s) to the stream to the mouth of the stream or to achieve an equivalent degree of flow control mitigation (based on amount of impervious surface mitigated) as part of an in-stream project located in the same watershed. Designing in-stream controls requires a hydrologic and geomorphic evaluation (including a longitudinal profile) of the stream system downstream and upstream of the project. As with all in-stream activities, other regulatory permits must be obtained by the project proponent. 8 . iv. Reporting For each HM Project approved during the reporting period, the following information shall be reported electronically in tabular form. This information shall be added to the required reporting information specified in Provision C.3.b.v. (1) Device(s) or methodes) used to meet the HM Standard, such as detention basin(s), biodetention unites), regional detention basin, or in-stream control; (2) Method used by the project proponent to design and size the device or method used to meet the HM Standard; and (3) Other information as required in the Permittee's existing HM requirements, as shown in Attachments B-F. v. Vallejo Permittees shall complete the following tasks in lieu of complying with Provisions C.3.g.i-iv. (1) Develop a Hydrograph Modification Management Plan (HMP) for meeting the requirements of Provisions C.3.g.i-iv. The Vallejo Permittees' HMP shall be subject to approval by the Water Board. (2) Vallejo Permittees shall include the following in their HMP: (a) A map ofthe City of Vallejo, delineating areas where the HM Standard applies. The HM Standard shall apply in all areas except where a project: • discharges stormwater runoff into creeks or storm drains that are concrete-lined or significantly hardened (e.g., with rip-rap, sackrete) downstream to their outfall in San Francisco Bay; • discharges to an underground storm drain discharging to the Bay; or • is located in a highly developed watershed.9 8 In-stream control projects require a Stream Alteration Agreement from the California Department of Fish & Game, a CWA section 404 permit from the U.S. Army Corps of Engineers, and a section 401 certification from the Water Board. Early discussions with these agencies on the acceptability of an in-stream modification are necessary to avoid project delays or redesign. 9 Within the context of Provision C.3.g., "highly developed watersheds" refers to catchments or sub catchments that are 65% impervious or more. Provision C.3. Page 37 Date: October 14,2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. Provision C.3. However, plans to restore a creek reach may reintroduce the applicability of HM controls, and would need to be addressed in the HMP; (b) A thorough technical description of the methods project proponents may use to meet the HM Standard. Vallejo Permittees shall use the same methodologies, or similar methodologies, to those already in use in the Bay Area to meet the HM Standard. Contra Costa sizing charts may be used on projects up to ten acres after any necessary modifications are made to the sizes to control runoff rates and durations from ten percent of the pre-project 2-year peak flow to the pre-project 1 O-year peak flow, and adjustments are made for local rainfall and soil types; (c) A description of any land use planning measures the City of Vallejo will take (e.g., stream buffers and stream restoration activities, including restoration-in-advance of floodplains, revegetation, and use of less-impacting facilities at points of discharge) to allow expected changes in stream channel cross sections, stream vegetation, and discharge rates, velocities, and/or durations without adverse impacts on stream beneficial uses; (d) A description of how the Vallejo Permittees will incorporate these requirements into their local approval processes, and a schedule for doing so; and (e) Guidance for City of Vallejo project proponents explaining how to meet the HM Standard. (3) Vallejo Permittees shall complete the HMP according to the schedule below. All required documents shall be submitted acceptable to the Executive Officer, except the HMP, which shall be submitted to the Water Board for approval. Vallejo Permittees shall report on the status of HMP development and implementation in each Annual Report and shall also provide a summary of projects incorporating measures to address Provision C.3.g and the measures used. • By April 1, 2011, submit a detailed workplan and schedule for completion of the information required in Provision C.3.g.v.(2). • By December 1,2011, submit the map required in Provision C.3.g.v.(2)(a). • By April 1, 2012, submit a draft HMP. • By December 1,2012, provide responses to Water Board comments on the draft HMP so that the final HMP is submitted for Water Board approval by July 1,2013. • Upon adoption by the Water Board, implement the HMP, which shall include the requirements of this measure. Before approval of the HMP by the Water Board, Vallejo Permittees shall encourage early implementation of measures likely to be included in the HMP. Page 38 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. C.3.h. Operation and Maintenance of Stormwater Treatment Systems i. Task Description -Each Permittee shall implement an Operation and Maintenance (O&M) Verification Program. ii. Implementation Level-At a minimum, the O&M Verification Program shall include the following elements: Provision C.3. (1) Conditions of approval or other legally enforceable agreements or mechanisms for all Regulated Projects that, at a minimum, require at least one ofthefollowing from all project proponents and their successors in control of the Project or successors in fee title: (a) The project proponent's signed statement accepting responsibility for the O&M of the installed onsite,joint, and/or offsite stormwater treatment system(s) and HM control(s) (if any) until such responsibility is legally transferred to another entity; (b) Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the O&M of the onsite, joint, and/or offsite installed stormwater treatment system(s) and HM control(s) (if any) until such responsibility is legally transferred to another entity; (c) Written text in project deeds, or conditions, covenants and restrictions (CCRs) for multi-unit residential projects that require the homeowners association or, ifthere is no association, each individual owner to assume responsibility for the O&M of the installed onsite, joint, and/or offsite stormwater treatment system(s) and HM control(s) (if any) until sllch responsibility is legally transferred to another entity; or (d) Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the O&M responsibility for the installed onsite, joint, and/or offsite treatment system(s) and HM control(s) (if any) to the project owner(s) or the Permittee. (2) Coordination with the appropriate mosquito and vector control agency with jurisdiction to establish a protocol for notification of installed stormwater treatment systems and HM controls. (3) Conditions of approval or other legally enforceable agreements or mechanisms for all Regulated Projects that require the granting of site access to all representatives of the Permittee, local mosquito and vector control agency staff, and Water Board staff, for the sole purpose of performing O&M inspections of the installed stormwater treatment system(s) and HM control(s) (if any). (4) A written plan and implementation of the plan that describes O&M (including inspection) of all Regional Projects and regional HM controls that are Permittee-owned and/or operated. (5) A database or equivalent tabular format of all Regulated Projects (public and private) that have installed onsite, joint, and/or offsite stormwater Page 39 Date: October 14,2009 Municipal Regional Stormwater Permit Order No. R2~2009-0074 NPDES No. CAS612008 Provision C.3. treatment systems. This database or equivalent tabular format shall include the following information for each Regulated Project: (a) Name and address of the Regulated Project; (b) Specific description of the location (or a map showing the location) of the installed stormwater treatment system(s) and HM control(s) (if any); (c) Date(s) that the treatment system(s) and HM controls (if any) is/are installed; (d) Description of the type and size of the treatment system(s) and HM control(s) (if any) installed; ( e) Responsible operator( s) of each treatment system and HM control (if any); (f) Dates and findings of inspections (routine and follow-up) of the treatment system(s) and HM control(s) (if any) by the Permittee; and (g) Any problems and corrective or enforcement actions taken. (6) A prioritized plan for inspecting all installed stormwater treatment systems .-~~ -anu-HM controls. At a minimum, this prioritized plan must specify the following for each fiscal year: (a) Inspection by the Permittee of all newly installed stormwater treatment systems and HM controls within 45 days of installation to ensure approved plans have been followed; (b) Inspection by the Permittee of at least 20 percent of the total number (at the end of the preceding fiscal year) of installed stormwater treatment systems and HM controls; ( c) Inspection by the Permittee of at least 20 percent of the total number (at the end of the preceding fiscal year) of installed vault-based systems; and (d) Inspection by the Permittee of all installed stormwater treatment systems subject to Provision C.3, at least once every five years. iii. Maintenance Approvals: The Permittees shall ensure that onsite, joint, and offsite stormwater treatment systems and HM controls installed by Regulated Projects are properly operated and maintained for the life of the projects. In cases where the responsible party for a stormwater treatment system or HM control has worked diligently and in good faith with the appropriate State and federal agencies to obtain approvals necessary to complete maintenance activities for the treatment system or HM control, but these approvals are not granted, the Permittees shall be deemed to be in compliance with this Provision. Permittees shall ensure that constructed wetlands installed by Regulated Projects and used for urban runoff treatment shall abide by the Water Board's Resolution No. 94-102: Policy on the Use of Constructed Wetlands for Urban Runoff Pollution Control and the O&M requirements contained therein. Provision C.3. Due Date for Full Implementation: Immediate for Provisions C.3.h.i, C.3.h.ii.(1), and C.3.h.iii, and December 1,2010, for Provisions C.3.h.ii.(2)-(6). For Vallejo Permittees: December 1,2010, for Provisions C.3.h.i-iii. . Page 40 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. R2-2009-0074 NPDES No. CAS612008 Provision C.3. iv. Reporting: Beginning with the 2010 Annual Report (1) For each Regulated Project inspected during the reporting period (fiscal year) the following information shall be reported to the Water Board electronically in tabular form as part of the Annual Report (as set forth in the Provision C.3.h. Sample Reporting Table attached): • Name of facility/site inspected. • Location (street address) of facility/site inspected. • Name of responsible operator for installed stormwater treatment systems and HM controls. • For each inspection: • Date of inspection. • Type of inspection (e.g., initial, annual, follow-up, spot). • Type( s) of stormwater treatment systems inspected (e. g., swale, bioretention unit, tree well, etc.) and an indication of whether the treatment system is an onsite, joint, or offsite system. • Type of HM controls inspected. • Inspection findings or results (e.g., proper installation, proper operation and maintenance, system not operating properly because of plugging, bypass of stormwater because of improper installation, maintenance required immediately, etc.). • Enforcement action(s) taken, if any (e.g., verbal warning, notice of violation, administrative citation, administrative order). (2) On an annual basis, before the wet season, provide a list of newly installed (installed within the reporting period) stormwater treatment systems and HM controls to the local mosquito and vector control agency and the Water Board. This list shall include the facility locations and a description of the stormwater treatment measures and HM controls installed. (3) Each Permittee shall report the following information in the Annual Report each year: (a) A discussion of the inspection findings for the year and any common problems encountered with various types of treatment systems andlor HM controls. This discussion should include a general comparison to the inspection findings from the previous year. (b) A discussion of the effectiveness of the Permittee's O&M Program and any proposed changes to improve the O&M Program (e.g., changes in prioritization plan or frequency of O&M inspections, other changes to improve effectiveness of program). C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects i. Task Description -The Permittees shall require all development projects, which create and/or replace ~ 2500 ft2 to < 10,000 ft2 of impervious surface, and Provision C.3. Page 41 Date: October 14, 2009 Municipal Regional Stormwater Permit Order No. Rl-2009-0074 NPDES No. CAS612008 Provision C.3. detached single-family home projects, 10 which create and/or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures: • Direct roof runoff into cisterns or rain barrels for reuse. • Direct roof runoff onto vegetated areas. • Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways andlor uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, andlor patios with penneable surfaces? • Construct bike lanes, driveways, andlor uncovered parking lots with penneable surfaces.3 This provision applies to all development projects that require approvals andlor pennits issued under the Pennittee's' planning, building, or other comparable authority. ii. Implementation Level-All elements of this task shall be fully implemented by December 1,2012. iii. Reporting -On an annual basis, discuss the implementation of the requirements of Provision C.3.i, including ordinance revisions, pennit conditions, development of standard specifications andlor guidance materials, and staff training. iv. Task Description -The Pennittees shall develop standard specifications for lot- scale site design and treatment measures (e.g., for roof runoff and paved areas) as a resource for single-family homes and small development projects. v. Implementation Level-This task may be fulfilled by the Pennittees cooperating on a countywide or regional basis. Due Date for Full Implementation -December 1,2012. vi. Reporting -A report containing the standard specifications for lot-scale treatment BMPs shall be submitted by December 1,2012. 10 Detached single-family home project -The building of one single new house or the addition and/or replacement of impervious surface to one single existing house, which is not part ofa larger plan of development. Provision C.3. Page 42 Date: October 14,2009 Attachment A Not Yet Approved Resolution No. Resolution of the Council of the City of Palo Alto Re- Naming a Public Street in the Vicinity of the 700 Block of Matadero Road as "Packard Court" WHEREAS, a Parcel Map for a four lot subdivision in the vicinity of the 700 block of Matadero Road was approved by the Director of Planning and Community Environment on May 13,2008; WHEREAS, the street name identified by the subdivision applicant "Emma Court" was recorded with the parcel map; WHEREAS, Policy and Procedures 1-16 governs street naming and requires the City Council, upon recommendation by the Palo Alto Historical Association ("Association") to review new street names; WHEREAS, in accordance with Policy and Procedures 1-16, the Palo Alto Historical Association reviewed names for the subdivision; WHEREAS, on May 9,2009, the Association reconlIDended the use of "Packard Court" as a name for the new street created by the parcel map; and WHEREAS, this name was selected to honor David Packard and the Packard Family· co-founder of Hewlett Packard, former residents of the· Barron Park neighborhood, and known for many technological and philanthropic endeavors. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council hereby names the street created by the four lot subdivision, more particularly described in Exhibit A, located in the vicinity of the 700 Block of Matadero Road, as "Packard Court," in recognition of David Packard, co- founder of Hewlett Packard and known for many technological and philanthropic endeavors; and II II II II II 101l30jb 0130645 Not Yet Approved SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act and the CEQA Guidelines and, therefore, no environment assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: APPROVED: ATTEST: . City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney 101130 jb 0130645 APPROVED: Mayor City Manager Director of Planning and Community Environment LEGAL DESCRIPTION Real property in the City of PALO ALTO, County of SANTA CLARA, State of CAUFORNIA, described as follows: LOT 1, 2, 3 AND 4 AS SHOWN ON THE PARCEL MAP, LANDS OF MIGDAL, FILED MAY 18, 2006 IN BOOK 824 OF MAPS, PAGE 53, IN THE OFFICE OF THE SANTA CLARA COUNTY RECORDER. APN: 137-38-001; 137-38-002; 137-38~003; 137~38-004 ACTION NO. 2010-__ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTiON FOR 661 BRYANT STREET: HISTORIC REVIEW APPLICATION, 10PLN-00349, (BLAKE REINHARDT, APPLICANT) On December 13, 2010, the Council of the City of Palo Alto approved a request for a minor revision to the previously approved on-site use of 1,146 square feet of a 5,668 square-foot Combined Historic and Seismic Rehabilitation Floor Area Bonus from a proposed historic rehabilitation and seismic retrofit to increase the floor area of a property listed on the Palo Alto Historic Inventory as a Category II historic resource and on the Seismic Structures Inventory as a Seismic Category II building, making the following findings, determination and declarations: SECTION 1. Background. The Council of the City of Palo Al to ("C ty Council") finds, determines, and declares as, fOI;Lows: A. On May 27, 2009, Blake Reinhardt, in behalf of ECI Three Bryant, LLC, applied for major Historic Review, minor Architectural Review, and a Combined Historic and Seismic Rehabilitation Floor Area Bonus ("Combined Bonus") regarding a project for historic and seismic rehabilitation and adaptive office reuse, including a 1,146 square-foot interior addition utilizing a portion of the Combined Bonus, of the former First Church of Christ, Scientist. B. On January 11, 2010, the Council of the City of Palo Alto approved a request for on-site use of 1,146 square feet of a 5,668 square-foot Combined Historic and Seismic Rehabilitation Floor Area Bonus from a proposed historic rehabilitation and seismic retrofit to increase the floor area of a property listed on the Palo Alto Historic Inventory as a Category II historic resource and on the Seismic Structures Inventory as a Seismic Category II building, making the findings, determination and declarations in Record of Land Use Action 2010-01, contained in Exhibit A. C. On October 8, 2010, Blake Reinhardt, in behalf of Embarcadero Capital Partners, LLC, applied for a minor change to the amount of Historic and Seismic Rehabilitation bonus floor area to be used on-site. The request included the use of approximately 380 square feet of additional floor area, which would be used to expand the previously approved interior mezzanine (the "Project") . The total floor area to be utilized on-site would increase from 1,146 square feet to 1,526 square feet. The use of this floor area on-si te would reduce the bonus square footage that could be transferred off-site consistent with the Transfer of Development Rights program contained in Palo Al to Municipal Code, Section 18.18.080. 1 The Project proposes to utilize a por-tion of the Combined Bonus on site which requires that the City Council approve the Project by making two findings cited in Municipal Code section 18.18.070 (b) (8) (A) : 1. "The exterior modifications for the entire proj ect comply wi th the U. S. Secretary of the Interior's 'Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings' (36CFR Section 67,7); and 2. The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site." C. Following staff review, the Historic Resources Board (HRB) , at a duly noticed hearing on November 11, 2010, reviewed the interior design of the Project and recommended approval based on the Findings cited in Section 3 of this Record and subject to the historic Conditions cited in Section 4. SECTION 2. Environmental Review. The project is exempt from the California Environmental Quality Act ("CEQA") Guidelines, per section 15301. SECTION 3. Findings for Approval Historic Review The action of the Historic Resources Board on November 11, 2010 includes the recommended Findings of Project approval: 1. The proposed expansion of the previously approved mezzanine as presented in the applicant's "Written Project Description" document, dated October 8, 2010 [Attachment A of HRB staff report, will comply with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as conditioned, and 2 . The proposed expansion of the previously approved mezzanine will comply with respect to preservation of character defining features and with respect to the compatibility of new features, as conditioned. SECTION 4. Conditions of Approval. Planning Division 2 1. The project shall be constructed in substantial conformance with the plans received on October 8, 2010 except as modified to incorporate these conditions of approval. The plans are on file with the City of Palo Alto Planning Division. 2. A copy of this letter shall be printed on any plans that are submitted to the City for a building permit, if required. 3. Upon determining that the project has been completed as approved, the applicant shall secure a written certification from the city which shall state the total floor area bonus utilized at the site and the amount of remaining floor area bonus which is eligible for transfer to another site. This certification shall be recorded in the office of the County Recorder. 4. The 2007 California Historical Building Code shall be applied to all eligible aspects of the historic rehabilitation of the site and the building exterior and interior when needed to preserve character-defining features. 5. The revision to the previously approved project at 661 Bryant Street shall be based on the Secretary of the Interior's Standards and Guidelines for Rehabilitation and on a consideration of recommendations provided in the Department of the Interior's "Preservation Briefs" including, but not limited to, #18 ("Rehabilitating Interiors in Historic Buildings: Identifying and Preserving Character-Defining Elements"), #41 ("The Seismic Retrofit of Historic Buildings: Keeping Preservation in the Forefront"), and "Preservation Tech Note: Specifying Temporary Protection of Historic Interiors During Construction and Repair~" 6. The final design, materials, finishes, and colors of the proposed auditorium mezzanine, including the supporting columns and the glass railing around the perimeter of the central opening of the mezzanine (shown on Sheet A2.02 of the plan set as 17'-2" in diameter), shall be submitted for review by the Historic Preservation Planner. 7. All other conditions included in the City Council Record of Land Use Action 2010-01/ approved on January 11/ 2010/ and contained in Exhibit A, shall continue to apply to the project. 3 PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Deputy City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: Director of Planning and Community Environment 1. Those plans prepared by Lundberg Design titled "661 Bryant Avenue Palo Alto, CA", consisting of five pages, received October 8, 2010. 4 October 8, 2010 661 Bryant Street Project Description plan for the area under the mezzanine and improves the view of one of the opalescent windows that was previously behind the staircase. The dimension of the gap between the existing auditorium wall and the exterior wall of the approved mezzanine was originally set based on code requirements for a stair width. Now that the staircase is being relocated out of the auditorium space the gap size can be reduced. Additionally, the approved design includes a bridge between the mezzanine and the fonner organ loft that with a bridge size driven by symmetry around the organ loft opening. We did not propose to widen the bridge in the original design because we would only be able to do so on one site (opposite the stair) resulting in an asymmetrical design. Now that the stair has been relocated we are proposing to widen the bridge but limit the widening to the area just in front of the organ loft. FLOOR AREA RATIO The maximum Floor Area Ratio (FAR) on this property is 1.0 to 1. Existing gross square footage of the property equals 16,869sf. The usable square footage of the original building was 11,336 square feet. With the addition of the 1,146 square feet of bonus area approved for onsite use the total approved square footage of the building equals 12,482 square feet or an FAR equal to 0.74. With the proposed addition of 380 square feet the total building square footage would equal 12,862 square feet or a Floor Area Ratio equal to 0.76. In conclusion, we believe the proposed increase in mezzanine and bridge width is consistent with the previously approved design concept, meets the Secretary of Interiors Standards for Rehabilitation and can presumably be handled as a staff level HRB approval and as a consent calendar item at the next available City Council meeting. Note, we are requesting a 3% increase in the building square footage. For this reason we hope the city will consider this as an insignificant increase that can be handled administratively. 2 of recommendations provided in the Department of the Interior's "Preservation Briefs" including, but not limited to, # 18 ("Rehabilitating Interiors in Historic Buildings: Identifying and Preserving Character-Defining Elements"), #41 ("The Seismic Retrofit of Histori~ Buildings: Keeping Preservation in the Forefront"), and "Preservation Tech Note: Specifying Temporary Protection of Historic Interiors During Construction and Repair." 3. The final design, materials, finishes, and colors of the proposed auditorium mezzanine, including the supporting columns and the glass railing around the perimeter of the central opening of the mezzanine (shown on Sheet A2.02 of the plan set as 17'-2" in diameter), shall be submitted for review by the Historic Preservation Planner. 4. All other conditions included in the City Council Record of Land Use Action 2010-01, approved on January 11,2010, shall continue to apply to the project. COMMENTS ON THE CONDITIONS OF APPROVAL Staff requests that the HRB detemiine if any of the recommended Conditions of Approval need to be modified for adequate compliance with the Secretary's Standards for Rehabilitation; or if additional Conditions of Approval should be provided. As the HRB reviews the revision, staff recommends that the Board consider the statement in the Introduction to the Secretary's Guidelines for Rehabilitating Historic Buildings that loss of a building's character can often be caused "by the cumulative effect of a series of actions that would seem to be minor interventions." PROJECT DESCRIPTION The revisions to the previously approved project, as shown in the attached project plans, include: • Expansion of mezzanine floor area. The project applicant has requested a revision that would expand the area of the mezzanine by approximately 380 square feet. This would be accomplished by increasing the diameter of the circular mezzanine by approximately 5'4" and increasing the area of the "bridge" connecting the mezzanine to upper level lounge. The distance between the edge of the mezzanine and the existing rotunda walls would be reduced as a result of the expansion. In the previously approved project, the distance between the mezzanine and rotunda walls was in the range of 4-feet to 6-feet, 9-inches. The revised project would reduce this distance to a range of 2-feet to 4-feet, I-inch. There would be no change to the diameter of the open area in the center of the rotunda, which is approximately 17-feet. • Revised stairway location. The stairway from the main floor to the mezzanine is proposed to be relocated to a room adjacent to the rotunda area. 661 Bryant Street: Project Revision Page 2 of5 The following revision is provided to the HRB as information only. No recommendation of acceptance from the HRB is required. • Reduced height of mezzanine above the first finished floor. Two changes arose after the original project approval. The first change included a revision to the height of the re-built first finished floor in order to create a consistent floor height throughout the building. The second change included revision to the "thickness" of the mezzanine to accommodate air conditioning apparatus for the mezzanine. The result is a reduction in height between the first finished floor and the bottom of the mezzanIne. DISCUSSION Previous HRB Review The HRB reviewed the original project at their meeting on September 2, 2009. The original project included a request for a historic and seismic rehabilitation of the Category 2 building, which would result in the City granting bonus floor area as described in Palo Alto Municipal Code (P AMC), Section 18.18.070. The project was eligible for 5,668 square feet of bonus floor area, of which 1,146 square feet was to be used on-site for the construction of the nlezzanine. The remaining 4,522 square feet of bonus area would be transferred of-site via the Transfer of Development Rights (TDR) program as described in PAMC 18.18.080. A copy of the staff report is available on the City's website and at the Planning Division upon request. The staff report described the issues related to the nlezzanine: Interior Issues-The Proposed Mezzanine The most significant new construction issue in the interior is the proposed circular mezzanine and associated new. staircase in the auditorium's rotunda. This proposal must be found to comply with the Secretary's Standards for Rehabilitation (a) by preserving an adequate sense of the rotunda's historic volume, and (b) by achieving a high level of compatibility in massing, size, scale, railing and supporting column d~sign, materials, finishes, and colors with the historic character of the church rotunda and the auditorium in general. The presentation of the mezzanine floor plan on Sheet A2.02 of the project plan set suggests that the central opening in the floor of the mezzanine cannot be larger than the proposed 17 feet, 2 inches. However, this dimension must be evaluated as to whether it will provide the required visual sense of the rotunda's historic volume as seen through the opening from the ground floor (see Attachment L). Condition of Approval # 20 requires that the final details of the mezzanine be submitted for review by the Historic Preservation Planner. Staff requests HRB comment on Condition # 20. 661 Bryant Street: Project Revision Page 3 of5 At the Septen1ber 2, 2009 n1eeting the HRB discussed various aspects of the project, including the mezzanine. HRB questions regarding the mezzanine focused on the construction of the finished surfaces of the mezzanine, the construction type, materials, and height of the perimeter walls of the mezzanine. The applicant acknowledged that that the mezzanine would obscure a great deal of the dome as seen from the main floor. The applicant also stated that the dome would still be visible from the perimeter of the main floor, but view would disappear at this angle towards the center of the dome. The HRB recommended approval of the original project, based upon the definition of "historic rehabilitation" and consistency with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings with respect to preservation of character-defining features and with respect to the historic compatibility of new features, subject to the stated conditions of approval. This recommendation was forwarded to the City Council for their consideration. The City Council reviewed the proposed project, including the HRB recommendation on January 11, 2010. City Council review was required based upon the applicant's request for bonus floor area and the transf~r of 4,522 square feet of development rights. The City Council approved the project, subject to conditions. Project Revisions Expansion of mezzanine area. The additional floor area would increase the floor area of the mezzanine and reduce the distance between the edge of the mezzanine and the walls of the rotunda. This revision would reduce the views of the rotunda as seen from the main floor area, especially at the perimeter of the main floor area under the rotunda. Staff's opinion is that the reduced views do not represent a substantial change from the previously approved project. The views of the rotunda from the center of the main floor would not be reduced, in that there would be no change to the size of the center open area in the mezzanine. Revised stairway location. Staff's opinion is that the relocation of the stair to a "back of house" location is a substantial improvement as compared to the previously approved project. The previously approved stairway obstructed a window at the northeast wall of the rotunda room. Relocation of the stairway will remove this obstruction and will result in a "cleaner" and more open room below the mezzanine. NEXT STEPS City Council Review 661 Bryant Street: Project Revision Page 4 of5 October 8, 2010 661 Bryant Street Project Description ATTACHMENT A PROPERTY DESCRIPTION 661 Bryant Street is located on the northwest comer of the intersection between Bryant Street and F o rest Avenue. The original building was designed by Elmer Grey in the Mission Revival Style for the First Church of Christ Scientist as a place of worship and was built in 1916. A second-story wing along Bryant was added in 1929 along with three (3) one-story wings forming a central courtyard in the rear of the property. The central courtyard was enclosed during a later phase in 1947. The structure consists primarily of a wood frame structure with exterior white stucco walls over wood lath, wood framed windows and doors and a clay tile roof. The property is zoned CD-P, is listed as a Category 2 "major building" on the Palo Alto Historic Inventory and is a Category 2 Seismic building. On November 12,2009, the Architectural Review Board application 09PLN-00116 was conditionally approved by planning staff as.it was found to meet the applicable findings set forth in the Palo Alto Municipal Code (PAMC) Section 18.76.020(d) as well as having been found by the Historic Resources Board to comply with the U.S. Secretary of Interior's Standards for Rehabilitation and Guideline for Rehabilitating Historic Buildings. On January 11, 2010 the Palo Alto City Council conditionally approved the same application. With these approvals the property is now eligible to receive 5,668 square feet of bonus square footage ("Bonus") and eligible for onsite use of 1,146 square feet of the Bonus once seismic retrofit and historic preservation scopes of work are certified as complete. These scopes of work are currently underway. PROJECT DESCRIPTION We are requesting an increase in the amount of bonus density square footage to be used on site. Currently the project is eligible for onsite use of 1,146 square feet. We are requesting that an additional 380 square feet of the 5,668 square feet of eligible bonus be used on site. This additional square footage would be added to the mezzanine perimeter and to the existing bridge area connecting the mezzanine to the former organ loft in a manner that carries the design intend approved by the HRB, ARB and City Council earlier this year. After several meetings with Historic Preservation Planner Dennis Backlund regarding the proposed change it is our understanding that he is in agreement that the change would not be a deviation from the design intend and would still comply with the Secretary of Interiors Standards. The proposed design change is the result of the relocation of the mezzanine staircase from the main a!!ditorium to the "back-of-house." Relocation of the staircase provides a more open floor October 8, 2010 661 Bryant Street Project Description plan for the area under the mezzanine and improves the view of one of the opalescent windows that was previously behind the staircase. The dimension of the gap between the existing auditorium wall and the exterior wall of the approved mezzanine was originally set based on code requirements for a stair width. Now that the staircase is being relocated out of the auditorium space the gap size can be reduced. Additionally, the approved design includes a bridge between the mezzanine and the former organ loft that with a bridge size driven by symmetry around the organ loft opening. We did not propose to widen the bridge in the original design because we would only be able to do so on one site (opposite the stair) resulting in an asymmetrical design. N ow that the stair has been relocated we are proposing to widen the bridge but limit the widening to the area just in front of the organ loft. FLOOR AREA RATIO The maximum Floor Area Ratio (FAR) on this property is 1.0 to 1. Existing gross square footage of the property equals 16,869sf. The usable square footage of the original building was 11,336 square feet. With the addition of the 1,146 square feet of bonus area approved for onsite use the total approved square footage of the building equals 12,482 square feet or an FAR equal to 0.74. With the proposed addition of 380 square feet the total building square footage would equal 12,862 square feet or a Floor Area Ratio equal to 0.76. In conclusion, we believe the proposed increase in mezzanine and bridge width is consistent with . the previously approved design concept, meets the Secretary of Interiors Standards for Rehabilitation and can presumably be handled as a staff level HRB approval and as a consent calendar item at the next available City Council meeting. Note, we are requesting a 3% increase in the building square footage. For this reason we hope the city will consider this as an insignificant increase that can be handled administratively. 2 1 Mr. Steven Turner, Advance Planning Manager: Yes there is, thank you Board Member Kohler. 2 Staff is recommending that the Historic Resources Board recommend to the City Council that the 3 proposed expansion of the previously approved mezzanine, as presented in the project's 4 application project description, dated October 9, 2010, and as described in the project plans is 5 acceptable and consistent with the findings for approval that were previously made by the 6 Historic Resources Board, and also subject to the Conditions of Approval that are contained 7 within your Staff Report. 8 9 Board Members, as Board Member Kohler indicated, this is a minor historic review of a revision 10 to a previously approved project. That project involved an historic and seismic rehabilitation of 11 the building that was previously known as the Christian Science Church. As you may remember 12 that project involved extensive interior renovations throughout the building. All of the exterior 13 features of the building would remain. There would be minor changes to the courtyard at the 14 comer of Forest and Bryant. The biggest interior change was the construction of a mezzanine up 15 in the rotunda of the previous church. On September 2, 2009 the Board reviewed that project 16 and recommended approval of the project in that the Board felt that the interior and exterior 17 changes were consistent with the Secretary of the Interior's Standards, and the HRB 18 recommended an extensive list of Conditions of Approval to ensure that the project would retain 19 its consistency with the Secretary's Standards throughout construction and after construction as 20 well. 21 22 The applicant received approval from the City Council for that project earlier this year, in 23 January, and has since applied and received a building permit, and is now under construction for 24 the renovations. I have a feeling you might see some progress reports in the photos that the 25 applicant will present a little bit later. 26 27 What the applicant is now requesting during their construction is an expansion of the size of the 28 mezzanine up in the rotunda area by approximately 380 square feet. What is also being 29 requested is that as part of the seismic and historic rehabilitation that was performed on the 30 building the applicant received bonus square footage. They had requested previously that they 31 wanted to use approximately 1,400 square feet of that bonus floor area to construct the 32 mezzanine. That was approved. Council approved that as well. However, the Council approved· 33 a very specific amount of floor area. Since the applicant is requesting to add more floor area, to 34 use more of that bonus floor area onsite, we have to go through the process again of historic 35 review and City Council review so that Council can approve the use of those 380 additional 36 square feet to be used in the mezzanine. So that is the process that we are starting today. 37 38 As I mentioned in terms of increasing the size of the mezzanine the diameter of the mezzanine 39 essentially would be increasing as part of this project by approximately two feet around the 40 mezzanine area. As a result the distance between the edge of the mezzanine and the dome walls 41 would be reduced. The distance would be reduced so that the distance is between anywhere 42 from about two feet to approximately four feet, eight inches. There was an acknowledgement in 43 the previous review that the mezzanine would obstruct the view of the donle. The previous HRB 44 comments also questioned kind of the use of the materials and the finishes of the mezzanine 45 materials. There wasn't a lot of significant discussion with regards to the views of the donle. 46 Although it was acknowledged that the dome would be obscured. As you also remember, there City of Palo Alto November 17, 2010 Page 2 of 12 1 is essentially a center area of the dome that may be referred to as the donut hole that would be 2 open whereby if you stand in the center of the ground floor you could look up through the 3 mezzanine and see the dome. That size of the donut hole would not be changed as a result of 4 this. That is not getting any smaller it is simply the distance between the edge of the mezzanine 5 and the dome around it is being reduced. 6 7 Staff feels that that reduction in distance does not appreciably change the views from the ground 8 floor up above to the dome. Although it would be a smaller distance you could still see the dome 9 standing around the perimeter of the room below, and still see features of the dome. Certainly 10 you would be able to the dome looking up through the center of the mezzanine as well. 11 12 As part of the revisions that have been taking place since the project was approved, the applicant 13 has revised the location of the stairway to get up to that dome. Staff has reviewed that at a Staff 14 level with the Historic Preservation Planner and we think that that is a very good revision. It 15 takes the stairway out of the rotunda and essentially puts it at the back of the house so that the 16 mezzanine is accessed at a rear stairway. The bridge to the mezzanine from the stairway is also 17 increasing as part of this project, and the plans reflect that change. That essentially describes all 18 of the changes that are happening as part of this project. That does conclude the Staff Report. 19 20 The applicant, represented by'Blake Reinhardt, is here to make a presentation and show you 21 photographs of the proposed project. Thank you, and with that I open the presentation to Blake. 22 23 Mr. Blake Reinhardt, Embarcadero Capital Partners: Good morning Board Members. Thank 24 you for your time this morning. This is a project that. 25 26 Board Member Kohler: Could you state your name for the record. 27 28 Mr. Reinhardt: My name is Blake Reinhardt. I am with Embarcadero Capital Partners. We are 29 the property owners and the project sponsor. 30 31 This is a project that we brought before you, as Steven mentioned, last year. We are really 32 excited about it. We think it is going to be a tremendous property. It is already a tremendous 33 property and we think the changes we are in the process of making are really making it that much 34 more fantastic. 35 36 I am joined here today by Olle Lundberg the project architect who is also here to answer any 37 questions you might have. 38 39 I thought I would just flip through a few images for you to hopefully illustrate what it is that is 40 that Steven summarized in his Staff Report. Presenting to you the changes that we are proposing 41 and hopefully demonstrating that they are fairly straightforward and not significant changes to 42 what we have previously had approved by the HRB. 43 44 So last year the HRB approved, I will highlight the mezzanine here. This is the image that was 45 in th~ package that was approved by the HRB, as well as by the ARB, and City Council. As you 46 can see there is a curved stair that exists in that approved set of plans. You will also note that City of Palo Alto November 17,2010 Page 3 of 12 1 there is an offset from the sort of --this angular wall here is the existing, if you can see the 2 mouse here that is the existing structure of the former church. There is a gap between the 3 mezzanine, the curved what we call the donut, fondly named the donut edge, and the existing 4 structure. That is the size of the staircase. Essentially what I want to highlight is the space 5 between the mezzanine and the existing structure was driven, the size of it was driven, by code 6 requirements for a staircase. The original concept that we presented to you last year and that was 7 approved was the idea of a floating donut, this floating mezzanine that has, and if you go back 8 and look through the Staff Report or the presentation to HRB, the concept that Ole presented was 9 that along the edge of the mezzanine you would see the rotunda disappearing up above. So you 10 would look up and you would see it curving and disappearing above. 11 12 I will flip to the next slide. What has been approved through the building permit process is a 13 relocation of that curved staircase, as Steven mentioned, to the back of house, which is an area 14 that is currently the restroom area. Essentially what that does is it frees up underneath the 15 mezzanine to be an open space that is really more consistent with the rest of main auditorium 16 space. We feel it is just a tremendous improvement to the flow and t6 the space plan for the area 1 7 underneath that mezzanine. 18 19 What happened when we relocated the staircase is we were left with an illogical gap. A gap that 20 has no relevance to anything other than the shadow of the former staircase So what we are 21 proposing is that we maintain that gap around the perimeter of the mezzanine but reduce it to a 22 point that is still allowing us the same amount of light that is coming through, the same idea of 23 having the ability to stand on the edge and look up. to the dome above, but giving us a little more 24 square footage, and making it not having this irrelevant gap size anymore that was really just 25 referencing the old approved staircase. 26 27 Here is a section of the same HRB approval. What I will point out here is if you note when we 28 had the HRB hearing the gap dimension actually on this side is quite small. It is not actually the 29 size of the staircase. Over here it is a little bit larger. The reason I point that out is just to 30 suggest that when we brought this to the HRB the dimensions were not specific. It was real I y 3 1 this unclear -we were still working through the design. We were working on --the construction 32 drawings still needed to be developed and ~e were working through the actual design of the 33 mezzanine, and that gap was really not defined. . 34 35 Once we got to the building permit process you will see that the gap, I will go back to the HRB 36 drawing there the gap is small, here on the building permit process the gap is larger than it was 37 on the HRB section. It actually grew. The reason it grew was because through the process of the 38 building permitting, developing those plans, the construction drawings, we wanted to keep the 39 size of it a consistent circle, and we had to increase the gap size to make it consistent all the way 40 around. 41 42 So all we are asking for, this is the proposed mezzanine, to go .back to a gap that is essentially if 43 you look at the section, is consistent with and very similar to the gap that is shown on the section 44 presented to the HRB a year ago. I will just flip back one more time. That is the proposed 45 section. That is the approved building plan permit revision. That is the HRB approval. So it just 46 sort of gives you the comparison. City of Palo Alto November 17,2010 Page 4 oj 12 1 2 The HRB approval, here is a close-up section of what was approved. You can see the silhouette 3 of the ramp below, which actually is below the staircase, and it mirrors that dimension. The 4 staircase on the other side of what we refer to as the bridge here with the cursor is driving the 5 dimension of that gap. The approved building permit revision actually defined for the first time 6 the radius of the mezzanine. We didn't have a radius defined on the HRB plans. So what we are 7 asking for is a radius change from 21 feet, four inches to 23 feet, four inches still maintaining a 8 gap on the perimeter. 9 10 The other thing I would like to highlight is the bridge that we have referred to was not something 11 that was discussed at all in the prior HRB presentations. So this, where my cursor is, is the edge 12 of what we refer to as the bridge. What we are requesting is a modest increase in that bridge 13 dimension to give us a little bit of extra square footage while still maintaining the design 14 integrity of a floating mezzanine. 15 16 Very quickly I will show you a progress photo from the former organ loft. This building is really 17 an exciting project. You can see this is the level of the floor. We have actually installed 100 18 percent of all of seismic retrofit steel. This is serving as the seismic retrofit steel as well as the 19 mezzanine floor structure. 20 21 Then this is from below. You can kind of get a sense of what these big -what was required in 22 order to do this seismic retrofit work. The gap you will see is a two-foot gap instead of a four- 23 foot gap. So you will have in areas where you have a wall it is two-foot gap. Then in areas 24 where the two walls meet, because the donut is obviously curved the gap at these comers is four 25 feet. So as you stand in there and look up you still have these four-foot gaps where you can see 26 up inside of the dome space. That's it. 27 28 Actually, the one last thing I will mention is that if you recall, one of the things that we did was 29 remove a skylight that was obstructing the lantern above. I will tell you that was an amazing 30 decision. It was an incredibly positive decision. This is a view up into the structure that has not 31 yet been finished out. It just creates so much volume and improves the space of the auditorium 32 tremendously. It was just a great decision. I applaud you for recommending the approval on that 33 decision. So thank you very much. I will take any questions you have. 34 35 Board Member Kohler: I have a quick question. I just wanted to point out that all those years 36 ago when Edward Durell Stone designed this building, and he designed this countertop, he knew 37 you were coming because this desktop is two feet. So from the edge of your circle upstairs to the 38 wall is this width right here. So if anyone needs a visual aid we have it right here. So this is it. 39 So the edge of the upstairs circular area wall. Martin. 40 41 Board Member Bernstein: Thank you Chair Kohler. Thanks for your presentation. Steven 42 mentioned something about there were some minor changes on the exterior. Would you explain 43 what those would be? 44 45 Mr. Reinhardt: I am sorry. On the exterior? 46 City oj Palo Alto November 17,2010 Page 5 of 12 1 Board Member Bernstein: Steven mentioned that there were some changes on the exterior. 2 3 Mr. Turner: Well, there are no changes proposed as part of this project. 4 5 Board Mernber Bernstein: Okay. 6 7 Mr. Turner: The changes that I described were for the previously approved project. 8 9 Board Member Bernstein: Okay, fine, no problem. Very good. Blake, also in your building 10 section sheet A-4.01 it says 'remove existing frame and screen, finish edge of wall to match 11 adjacent plaster.' Is there perhaps any photograph of-what that existing frame and screen? 12 13 Mr. Reinhardt: You are referring to --let me get to that sheet. This was in the plan view? 14 15 Board Member Bernstein: It is the section where that note is. 16 17 Mr. Reinhardt: Right, the organ loft. 18 19 Board Member Bernstein: Is that an interior feature? 20 21 Mr. Reinhardt: It is an interior feature, yes. 22 23 Board Member Bernstein: That addresses my question. Thartks. 24 25 Board Member Kohler: Anybody else? 26 27 Board Member Bunnenberg: Yes, I had several kinds of questions. First of all, just a quick 28 review. Is there no elevator in this building? 29 30 Mr. Reinhardt: There is no elevator. 31 32 Board Member Bunnenberg: Because the same functions could be performed on the ground 33 floor. Is that correct? 34 35 Mr. Reinhardt: Correct. 36 37 Board Member Bunnenberg: Okay. Now then I am wondering it talked a little bit about a less 38 then distance on the height of the first floor and an inclusion of air conditioning in the floor of 39 the donut. 40 41 Mr. Reinhardt: Correct. 42 43 Board Member Bunnenberg: Does this increase the size of the donut floor? 44 45 Mr. Reinhardt: It does. It increases the thickness of the actual mezzanine structure. So when we 46 were here with the HRB this was really a conceptual thickness. We didn't have a sense of what City of Palo Alto November 17, 2010 Page 6 of 12 1 was actually going to be in the interior of this mezzanine. So when we actually got the approval 2 from City Council we very quickly engaged a MEP consultant to help us design an HV AC 3 system for these open offices in the mezzanine. One of the options was to run visible ductwork 4 above the top of the mezzanine, floating kind of similar to the track lighting here, which we were 5 not really crazy about. We love the volume. So the alternate option was to actually put it in the 6 mezzanine structure and run it under floor, and come up underneath the floor. So in doing so the 7 mezzanine thickness grew because it just needed to accommodate that ductwork. 8 9 Board Member Bunnenberg: So we have the issue of the view of the dome. Do we have any 10 [hank] on one of these as to how much of the dome might actually be visible from the ground 11 floor? I know we looked when we went in and viewed what the donut would be, but it is two 12 feet that you are looking up through rather than in some places four or more. 13 14 Mr. Reinhardt: Yes, I think the experience of the view of the dome is really and has always been 15 about the oculus. It has always been about the center of the donut hole as opposed to the 16 perimeter, which is really an opportunity to flood light down below. It is also an opportunity to 17 at moments as you walk through the space to have glances up through and seeing the dome 18 above, but it is not to see the whole dome. It was never to see the whole dome,Land you really 19 could never see the whole dome either in prior design or in the current design. So that is really 20 what I would differentiate as far as the view opportunity. It is really about. .. 21 22 Board Member Bunnenberg: From the outside walls. 23 24 Mr. Reinhardt: Yes, looking up into the center, experiencing the lantern, seeing the volume of 25 the dome, and then belowit is really the light that comes down, and really providing a floating 26 a floating nature is really provided by that gap. 27 28 Board Men1ber Bunnenberg: Is the design concept to make the mezzanine as transparent and 29 lightweight in terms of materials? What is your design concept in terms of .... ? 30 31 Mr. Reinhardt: Well, I think the intention is to have it look like a floating structure. There are 32 also some practical matters to consider. It is a structure to be used by people in an office 3 3 environment. So to the extent we could make it that way that would be fantastic, but offices are 34 made of hard materials. 35 36 Board Member Bunnenberg: Yes, and that is part of my question. In terms of the support 37 columns, have you thought any at all about what those might look like? 38 39 Mr. Reinhardt: So we have actually designed this so that there are no columns. There are no 40 columns. 41 42 Board Member Bunnenberg: It is totally supported from the outside? 43 44 Mr. Reinhardt: It pins into the existing structure. So when you walk in it looks like a floating 45 structure. 46 City of Palo Alto November 17,2010 Page 7 of 12 1 Board Member Bunnenberg: Okay. 2 3 Mr. Turner: Mr. Reinhardt might also want to comment on the above the floor of the mezzanine, 4 the construction of say the walls around the mezzanine itself. 5 6 Board Member Bunnenberg: Yes. 7 8 Mr. Reinhardt: The exterior? 9 10 Mr. Turner: Yes. 11 12 Mr. Reinhardt: Okay. The walls that we have in our approved building permit set, again it is a 13 combination of a glazed element on the exterior, and hard wall below it. So you have a four foot 14 curved structure with a sectional glass structure on the top of it. So that provides a total of an 15 eight foot barrier for the office environment, which is sort of typical well, it is actually lower 16 than a typical office height wall, but we have a big open volume above it so that works out. 17 18 On the interior of the mezzanine, in the oculus itself, we have a curved glass railing the full 19 perimeter of that interior of the oculus. The railing actually extends from three foot, six all the 20 way down to the bottom of the mezzanine structure. So it is roughly six feet high or something. 21 A six-foot high piece of curved glass. So I guess to answer your question about the feeling of 22 light and airy that is really helping to accomplish that. It is sort of lining the inside of the oculus 23 with this piece of glass all the way around it. 24 25 Board Member Bunnenberg: If there are partitions inside would they be like sections of an 26 orange kind of thing or is it designed to be mainly open? 27 28 Mr. Reinhardt: Well, you know again if we go back to what the HRB approved the idea was 29 sections of an orange. Let me see if I can find the image. Here we go. So this is what the HRB 30 approved. The idea was you would have these private offices, orange sections, and then you 31 would have glass door front here. In reality we are not going to build any of this out until we 32 have a tenant, and the tenant is really going to drive how they use that space. There have been 33 some folks who have expressed interest that we are talking to that have sort of a creative bent, 34 and they want to use that space as an open space without walls, so a lot of sort of communal 35 dialogue. Some folks are interested in having private offices or conference rooms. So it is really 36 going to be -we have designed this in a way so that it is flexible, a flexible use for the tenant to 37 really decide how they want to use it. 38 39 Board Member Bunnenberg: Thank you. 40 41 Board Member Kohler: Anybody else have any questions or comments? 42 43 Board Member Makinen: Just a general question. That annular space right there is it serving 44 any purpose in your design? 45 46 Mr. Reinhardt: I am sorry, which? City of Palo Alto November 17,2010 Page 8 of 12 1 2 Board Member Makinen: The annulus. 3 4 Mr. Reinhardt: You mean this oculus area here, the circle? 5 6 Board Member Makinen: No, around the perimeter. 7 8 Mr. Reinhardt: Oh, this here? 9 10 Board Member Makinen: Yes. 11 12 Mr. Reinhardt: Well, it is an open space. So it is just a volume. It is a volume. 13 14 Board Member Makinen: I got you. It is floating from the inside. 15 16 Mr. Reinhardt: Yes, so it is a volume. There is no floor, and it is open to the floor above and 17 below. Does that make sense? 18 19 Board Member Kohler: Did you have more comments or questions? 20 21 Board Member Bernstein: Yes. I do appreciate Blake. I know you have a special connection to 22 Italy. I am glad to hear you using classical terms like 'oculus.' Instead of a donut we could also 23 use the word 'torus' for a shape. 24 25 I think this is a superb revision. I would like to move that the .... 26 27 Board Member Kohler: Martin, we have to have public comment first and our discussion. 28 29 Board Member Bunnenberg: I have a question of Staff at one point. 30 31 Board Member Kohler: Okay. We will now go to public comment. Is there anyone here or do 32 we have any cards? I guess not. So then we will go to applicant closing comments if you have 33 any comments. Okay. 34 35 Mr. Reinhardt: I don't know if this is something that we can introduce into this conversation or 36 ifit is something that we have to handle separately, but one of the things that we are now 37 working on is the finish of the wood paneling that goes back into the space. So our request 38 would be to make it consistent with the interior of what we are doing is to paint it. I wanted to 39 talk to you about that and whether that is something that we can address in this forum, or how 40 best do we go about that? Our request would be to make it more consistent with the 41 contemporary look of the space while being respectful of the old in painting it. We want to paint 42 it white is what we want to do. 43 44 Board Member Kohler: Steven has a comment about that. 45 City of Paio Alto November 17,2010 Page 9 of 12 1 Mr. Turner: It sounds like that might be kind of a minor change. You could do a couple of 2 things. You could recommend that the Historic Preservation Planner work with the applicant to 3 review that request for finishes of the wood paneling material. You could also designate one or 4 two members of the HRB as a subcommittee to review the proposal with the applicant offline or 5 perhaps at a subcommittee type of meeting. So there are a couple of ways that you could do it. I 6 don't think that we could introduce anything new here today for the HRB to make a comment on. 7 8 Board Member Kohler: It has not been noticed as part of our discussions. 9 10 Mr. Turner: Right. It sounds like it is a minor project or revision that either the Historic 11 Preservation Planner could review or that one or two members of the Board could review as 12 well. 13 14 Board Member Kohler: Martin. 15 16 Board Member Bernstein: It is a great topic of a small debate. I have done several historic 17 structures where the interior wood is beautiful but it doesn't work with the interior design intent 18 of the owner, homeowner in my case. We went back and forth and our conclusion was to ,paint it 19 because it made it consistent. That wood is of a certain history. HRB doesn't usually get 20 involved in any interior issues. So I am open to having it .... 21 22 Board Member Kohler: I am a little uncomfortable making a decision on that when it hasn't 23 been noticed. I think that a small committee or working with the Historic Planner would be fine. 24 Beth. 25 26 Board Member Bunnenberg: I have one very small question. The Palo Alto History Museum 27 would like to send a letter of thanks for the little booth that was one of the conditions. Should it 28 be sent to your office, attention you? 29 30 Mr. Reinhardt: That's fine, yes. 31 32 Board Member Bunnenberg: Thank you very much from that History Museunl. 33 34 Mr. Reinhardt: No problem, you are welcome. I guess one sort of clarification is that I believe 35 in our Conditions of Approval it does identify the paneling review process. I think essentially 36 what it says is that the final finishes are to be reviewed by the Historic Preservation Planner I 37 think is what it says. So really more than anything we were hoping to get an opinion or render 38 an opinion if possible from the HRB, 'but also we leaning on our Conditions of Approval 39 anyway. The wainscoting that is what I mean, yes. 40 41 Board Member Kohler: Okay, if there are no other questions or people we will bring it back to 42 the Board for discussion and decision. I think basically thisjs okay. When I sit here and look at 43 the two foot depth I am somewhat uncomfortable that it is so close. I would prefer, this is two 44 foot, nine because to me it is taking away from the floating donut aspect that it is getting so close 45 like it was shoehorned in there. But I will go along with whatever the Board tends to feel like. I 46 think two foot, six or two foot, nine just something like that, a little bit more would make it feel City of Palo Alto November 17, 2010 Page 10 0[12 1 more floating than it would with just two feet. That is a little close. So that is my only 2 suggestion. 3 4 Board Member Bunnenberg: I had a question of Staff. Now then when we look at Conditions of 5 Approval on a project that has TDRs is it true that those conditions must be met? 6 7 Mr. Turner: Absolutely. 8 9 Board Member Bunnenberg: Even though this is interior they were conditions of approval and 10 they must be met in order to get the TDRs among other things. 11 12 Mr. Turner: That is correct. 13 14 Board Member Bunnenberg: It is possible to even have a stop work order if things are not going 15 appropriately. 16 17 Mr. Turner: Yes. If the construction is not following plan then there can be an intervention by 18 the City to essentially correct any sort of deficiencies. 19 20 Board Member Bunnenberg: Alright. So that just to then throw into the discussion here with the 21 Board, I looked and there are eight Conditions of Approval and this may be a ninth or there may 22 be a ninth one involved in some of our discussion today. So that is a huge number of interior 23 changes that need to be followed closely. I think our experience with Children's Library and an 24 inappropriate material getting ordered and installed then causes huge problems down the road. 25 So I would lik~ to propose thinking about recommending that the Historic Preservation Planner 26 be allowed to make periodic visits to the site because it is almost all interior, and it is not where 27 the public would see it going on. So that just to make sure there are not any misunderstandings. 28 29 Mr. Turner: I might have a comment on that. Informally, we are in a way already doing that. 30 The City feels that we have a very good working relationship with the applicant. It helps that 31 they are right across the street, and often times when there have been questions that come up 32 from the applicant side or fronl the City side it has been very easy to contact the applicant, 33 arrange a site visit, take a look at the issue, and see what resolution can be done. So in a way we 34 are already doing that on an informal basis. Certainly, if the HRB wanted to recommend that 35 that continue on a more formal basis that the Historic Preservation Planner be allowed to conduct 36 regular site visits to determine the consistency with the approved plans and the Secretary's 37 Standards that would be appropriate. 38 39 Board Member Loukianoff: I think on that one if the City is okay with the level that they are 40 seeing that really we don't need to put another condition on this applicant. 41 42 Board Member Bunnenberg: Well, it is actually just making certain that things are going well. 43 44 Board Member Loukianoff: I know, and I understand the concern. If this were an applicant that 45 were being unresponsive I would definitely feel the need to do this, but with the applicant being 46 so responsive and responsible. City of Palo A Ito November 17,2010 Page 11 of 12 1 2 Board Member Kohler: I think we are fine with this. You are welcome to, Beth, stop by. 3 4 Mr. Turner: Board Members, the fact that this a TDR program means that at the end of the day if 5 it is found that they have not met the Secretary of the Interior's Standards they are in jeopardy of 6 losing their TDR square footage and bonus. So the applicant has a very strong interest in making 7 sure that they are doing the project the right way. 8 9 Board Member Kohler: Sounds good to me. Shall we move onto a motion and vote? 10 11 MOTION 12 13 Board Member Bernstein: Thank you Board Member Kohler. I would like to move that the 14 Board approve this project as presenting including the conditions. One of those conditions 15 discusses the final design, material, finishes, and colors are reviewed by Historic Preservation 16 Planner. 17 18 Board Member Kohler: Is there a second? 19 20 SECOND 21 22 Board Member Loukianoff: I will second. 23 24 Board Member Kohler: That has been seconded. Any discussion? 25 26 Board Member Bernstein: The reason I proposed this motion is that there would be no changes 27 from what the HRB approved for the exterior. 28 29 MOTION PASSED (5-0-0-2, with Board Members DiCicco and Bower absent) 30 31 Board Member Kohler: Okay. All those in favor? (ayes) All opposed? That passes with a 32 five-vote majority and two members absent. Thank you very much. Good luck and it is going to 33 be a fun proj ect. 34 35 This is item number three, Public Hearing, 405 Lincoln. A request by Michelle Arden and Allen 36 Akin for Historic Resources Board review of plans for a new single-family house in the 37 Professorville Historic District for consistency with the mitigation measure described in the Final 38 Environmental Impact Report for the project. Is there a Staff Report? 39 40 41 42 43 44 45 46 City of Palo Alto November 17,2010 Page 12 of 12 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 13, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING& COMMUNITY ENVIRONMENT CMR: 442:10 SUBJECT: Adoption of Resolution Supporting the California Air Resources Board's Leadership in Promoting Clean and Energy Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California RECOMMENDATION Staff recommends that the Council adopt the attached resolution supporting the California Air Resources Board's Leadership in Promoting Clean and Energy Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California. BACKGROUND The California Air Resource Board is responsible for monitoring and implementing state's Low Emission Vehicles program adopted in 1990. The Low Emission Vehicles program includes the development of standards aimed at incrementally reducing the amount of greenhouse gases emitted by new vehicles produced or sold in California. One of the programmatic elements of the Low Emission Vehicles program is an Advanced Clean Car program that consists of two main components, Low Emission Vehicle and Zero Emission Vehicle policies. The Low Emission Vehicles policy provides emission standards for new vehicles to help reduce emissions from fossil-fuel use vehicles. The Zero Emission Vehicle (ZEV) policy promotes the development of technology for electric and hydrogen fuel cell cars and the deployment of Clean Fuel Cell outlets throughout the state. The Air Resource Board's Clean Car Program policies are consistent with the City's Comprehensive Plan in helping to sustain the quality of life of the community and support the development of technologies that help to foster economic development activities in the City. The American Lung Association has requested in emails to the Mayor, that the City of Palo Alto register its support for the Air Resources Board's Clean Car Program with the attached resolution and letter. CMR: 442:01 Page 1 of2 RESOURCE IMPACT There is no immediate resource impact in submitting a resolution supporting the Air Resource Board's Advanced Clean Car program. POLICY IMPLICATIONS Supporting the development and use of progranls and technologies that reduce vehicle emissions and that help to sustain the community's quality of life are consistent with the goals of the City's Comprehensive Plan. ENVIRONMENTAL REVIEW Adoption of this resolution is not a project under the California Environmental Quality Action (CEQA). PREPARED BY: ' , DEPARTMENT HEAD: CIJRTIS WILLIAMS Director of Planning and Community Development CITY MANAGER APPROVAL: ATTACHMENTS JAMES KEENE City Manager A. Resolution Supporting the CARB's Leadership and Clean Car Program B. Letter from Mayor to California Air Resources Board C. Air Resource Board's Clean Car Campaign Fact Sheet COURTESY COPIES: Jenny Bard, American Lung Association, 115 Talbot Avenue, Santa Rosa, CA 95404 CMR: 442:01 Page 2 of2 ** NOT YET APPROVED ** ATTACHMENT A Resolution No. -----Resolution of the Council of the City of Palo Alto Supporting the California Air Resources Board's Leadership in Promoting Clean and Energy Efficient Motor Vehicles, Energy Independence, Zero Emission Technologies and Improved Quality of Life in California WHEREAS, California is experiencing a public health crisis due to poor air quality, with over 90% of Californians living in areas that exceed federal health-based ozone standards; and WHEREAS, exposure to elevated levels of ozone and other pollutants such as particulate matter annually contributes to hundreds of thousands of asthma attacks and tens of thousands of hospitalizations and premature deaths due to heart and lung disease; and WHEREAS, recent research conducted by the RAND Corporation found that hospital care related to elevated pollution levels in' California cost nearly $200 million from 2005 to 2007; and WHEREAS, the impacts of global climate change are projected to compound this air quality and public health crisis; and WHEREAS, motor vehicles are significant emitters of ozone precursors, particulates and air toxics, and the single largest anthropogenic source of global warming causing greenhouse gas emissions in California; and WHEREAS, California's dependence on petroleum for 97 percent of its transportation needs and its reliance on imported oil leaves California susceptible to volatile pricing and supply disruptions; and WHEREAS, California has been a national leader in advancing cleaner vehicle technologies by developing and implementing motor vehicle regulations under its federal Clean Air Act authority; and WHEREAS, the California Legislature enacted AB 1493 (Pavley, 2002) directing the California Air Resources Board to adopt regulations to achieve the maximum feasible and cost-effective reduction in greenhouse gases from passenger vehicles; and the California Air Resources Board adopted clean vehicle regulations in 2004; and WHEREAS, thirteen other states and Washington D.C. have adopted California's regulations; and WHEREAS, in coordination with the Obama Administration and America's automobile manufacturers, the United States Environmental Protection Agency and the United States Department of Transportation have based new national standards on California's clean car regulations; and 101129 sh 8261483 ** NOT YET APPROVED ** WHEREAS, in 2010, the California Air Resources Board plans to develop and adopt new regulations to reduce vehicle enlissions of criteria air pollutants and greenhouse gases and to promote the development and deployment of clean fuel infrastructure and zero emission vehicle technology options for consumers; and WHEREAS, strengthening California's motor vehicle programs will improve California's air quality, promote energy independence, support new jobs and investments in clean technology, help California achieve its goal of reducing global warming emissions, and will continue California's long history of national leadership on air quality and environmental policy. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. That the City of Palo Alto urges the State of California and the California Air Resources Board to continue its national and international leadership role in reducing greenhouse gases and promoting clean vehicle technologies by moving forward quickly to develop and adopt expanded Low Emission Vehicle (LEV III) standards to r~duce criteria air pollutants and greenhouse gases and to strengthen the state's Zero Emission Vehicle (ZEV) and Clean Fuels Outlet (CFO) infrastructure programs to protect the health of California's economy, environment and its people. SECTION 2. The Council finds that this resolution is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Sr. Deputy City Attorney City Manager Director of Planning & Comm. Environment 101129 sh 8261483 ** NOT YET APPROVED ** WHEREAS, in 2010, the California Air Resources Board plans to develop and adopt new regulations to reduce vehicle emissions of criteria air pollutants and greenhouse gases and to promote the development and deployment of clean fuel infrastructure and zero emission vehicle technology options for consumers; and WHEREAS, strengthening California's motor vehicle programs will improve California's air quality, promote energy independence, support new jobs and investments in clean technology, help California achieve its goal of reducing global warming emissions, and will continue California's long history of national leadership on air quality and environmental policy .. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. That the City of Palo Alto urges the State of California and the California Air Resources Board to continue its national and international leadership role in reducing greenhouse gases and promoting clean vehicle technologies by moving forward quickly to develop and adopt expanded Low Emission Vehicle (LEV III) standards to reduce criteria air pollutants and greenhouse gases and to strengthen the state's Zero Emission Vehicle (ZEV) and Clean Fuels Outlet (CFO) infrastructure programs to protect the health of California's economy, environment and its people. SECTION 2. The Council finds that this resolution is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Sr. Deputy City Attorney City Manager Director of Planning & Comm. Environment 101129 sh 8261483 Mary Nichols, Chairman California Air Resources Board 1001 I Street Sacramento, CA 95812 Re: Strong Clean Cars Standards Dear Chairman Nichols, All ACHMENl B The City of Palo Alto applauds the California Air Resources Board (CARB) for its national leadership in the development of motor vehicle regulations that have reduced air pollution and improved public health in California and across the United States. Although our state has made progress in combating air pollution over the past 30 years, the fact remains that the vast majority of California residents still breathe unhealthy air, exposing them to an increased risk of respiratory illnesses and even premature death. Air pollution is particularly harmful to our most vulnerable populations, such as infants and children, the elderly, those living in low-income communities or those suffenng with chronic illnesses like asthma or heart disease. Unfortunately, global warming is expected to compound these problems by further threatening the quality of the air we breathe and increasing our public health ,burdens. As transportation represents the leading source of air pollutants and greenhouse gases in California, reducing passenger vehicle emissions is a key component in our fight against air pollution, global warming and a variety of chronic illnesses. Our State's commitment to leading the nation in vehicle emission standards has played a critical role in helping protect the health of our environment and of our citizens. These regulations also incentivize the development of new vehicle technologies and fueling infrastructure, which helps to create jobs, reduce our dependence on oil and save California families and businesses on transportation costs. These standards are critical to achieving California's air pollution and greenhouse gas reduction goals, which are both issues of concern in our community. For these reasons, as the State of California develops rules to support the next generation of clean passenger vehicles, the City of Palo Alto urges CARB to push forward in 2010 to develop and adopt expanded Low Emission Vehicle (LEV III) standards to reduce criteria air pollutants and greenhouse gases, and to strengthen the state's Zero Emission Vehicle (ZEV) and Clean Fuels Outlet (CFO) programs to ensure that the cleanest advanced vehicles and fuels are available to consumers. Sincerely, Patrick Burt Mayor of City of Palo Alto ATTACHMENT C , .&. ' CQt~,OY~ Clean Cars Camp • lin California's Clean Cars Program FACT SHEET California's Clean Cars Program is set to bring the next generation of clean, low-polluting cars and light trucks into the driveways of California's families. The California Air Resources Board will be voting on important updates to the Clean Cars Program in early 2011. Advanced Clean Cars Will Dramatically Cut Our Oil Dependence and Leave Us Less Vulnerable to Volatile Oil Prices. • 97% of California's transportation relies on oil.i • Just before the recent financial collapse, oil spiked to $147 a barrel.ii o Huge spikes in oil prices preceded four of the last five global recessions.iii o Oil prices con'tinue to rise.iV • The price of gasoline has increased 60% over the last year. • Every day, Californians spend $82 million on gasoline and diesel.v • New automotive fuel efficiency standards would save Californians more than $13 billion in 2030.vi Advanced Clean Cars Will Reduce Dangerous Air Pollutants, Improving California's Air Quality. • Largely due to traffic pollution, California is home to some of the worst air pollu'tion in the nation.vii • Every year, at least 9,200 premature deaths can be attributed to California's air Four Different Standards Make Up The Clean Cars Program 1. Vehicle Global Warming Standards [LEV III-GHG): This program will make sure new cars and light trucks produce fewer emissions that contribute to global warming. [The updated rules will apply to vehicles starting in 2017.) 2. Low Emission Vehicle Program (LEV III-,Criteria Pollutant): This program will make sure new cars and light trucks produce fewer harmful emissions that contribute to smog and hurt public health. (The updated rules will apply to vehicles starting in 2014.) . 3. Zero Emission Vehicle Program (ZEV): This program will make sure that the newest, gasoline-free, ultra-clean vehicle technologies - such as electric and hydrogen fuel cell cars -are brought to California. (The updated rules will apply to vehicles starting in 2015.) 4. Clean Fuels Outlet: This program will make sure we have the infrastructure -Including hydrogen for fuel cells and public charging for electric vehicles -in place to support clean, alternative fuel pollution.viii cars. • ChildreniX and low-income familiesx are especially vulnerable to health problems caused by poor air quality. • Hospital care costs related to bad air quality cost California nearly $200 nlillion from 2005 to 2007.xi California Clean Cars Campaign I www.calcleancars.org October 2010 Strong Advanced Clean Car Standards Will Stimulate the Economy and Bring New Jobs to California. • New data shows that employment in California's green economy grew 36% from 1995 to 2008 while total jobs in California expanded only 13%.Xii o As the economy slowed between 2007 and 2008, total employment fell 1 %, but green jobs continued to grow 5%.xiii • Many clean, green car companies, such as Tesla, are based in California. o Their suppliers of high-tech components, such as Quantum Technologies and Coulomb Technologies, are also based here. Advanced Clean Cars Will Reduce C02 Pollution and Help Mitigate the Worst Effects of Climate Change. • Passenger cars and light trucks represent 40% of California's greenhouse gas pollution.xiv • Climate change is happening now as evident by sea level rise, reduced Sierra snowpack, increasing wildfires and worsening air quality.xv California is a Pioneer in Bringing Advanced Clean Car Standards to the Nation. • Thirteen other states adopted California's previous Clean Cars Program. • Our standards formed the basis for the national vehicle program that President Obama announced in May 2009 and that became law in April 2010. • New advanced clean car standards will establish another rung in the ladder for states and the federal government to reach. California Must Remain Competitive in the Global Economy and Lead the Nation in the Advanced Clean Car Technology Industry. • China is spending $12 million an hour on clean technology investment.xvi • California has attracted more clean technology venture capital than any other state.xvii The California Energy Commission: http://energyalmanac.ca.gov/petroleum/index.html. New York Times: ~.t.:.l-I..~"!"w'!"=~~~~~.l-' iii ClMB World Market: http://research.cibcwm.com/economic public/download/soctOB.pdf iv Bloomberg: http://www.bloomberg.com/apps/news?pid=2060 1 OB7 &sid=a ERkSvnAUV U. v California Energy Commission: http://www.energy.ca.gov Ire ports/l 00-03-0 19F .PDF. ~ G060mpg.orgCoaIiHon:~~~~~~~~~~~~~~~~~~~~~~~~m vii Los Angeles Times: D..!JJJd1ill.!!~WQJl.l.!l.li;~..QilllU!,!UJllSJ.!JlI.L§;;.WQ!;'&u'J.Sdjl.DSt:.Q!!::.QQJll1W!;m::.£\ll~~ viii California Air Resources Board: http://www.arb.ca.gov/research/health/pm-mort/pm-report 201O.pdf. ix The New England journal of Medicine: http://contenLneim.orq/cgilcontent/short/35111111057. x American Lung Association in California. State of the Air 2010: www.stateoftheair.org. xi Rand Corporation: http://www.rand.org/pubs/technical reports/TR777/. xii Next 10: http://www.nextlO.org/next]O/publications/greenjobs.html. xiii ibid xiv Climate Change FAQ: http://climatechange.ca.gov/publications/faqs.html. xv ibid xvi American Progress: http://www.americanproqress.orq/issuesI2009/06/pdflpodesta germanyl.pdf. xvii Clean tech Group LLC: http://cleantech.com/newsI5755/cleantech-thrivinq-AB32-data. California Clean Cars Campaign I www.calcleancars.org October 201 0 TO: HONORABLE' CITY COUNCIL FROM: CITY MANAGER DATE: DECEMBER 13, 2010 REPORT: CONSENT DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 446:10 SUBJECT: Second Reading for the Adoption of two Ordinances: (1) Amending Title 16 of the PAMC to Add a New Chapter 16.14 (CA Green Building Standards Code), and (2) Amending Certain Sections of Title 5 (Health and Sanitation), Title 12 (Public Works and Utilities), Title 16 (Building Regulations), and Title 18 (Zoning), and Repealing Chapter 9.06 (Wood Burning Fireplaces and Appliances), To Promote Consistency With State Green Building Standards and Add Criteria For Sustainable Neighborhood Development. RECOMMENDATION Staff recommends that the City Council adopt the attached Ordinances (Attachments A and B), which are redlined to reflect the revisions made by the Council on November 8, 2010. BACKGROUND On November 8,2010 the City Council adopted two ordinances relating to sustainable, green development in Palo Alto with revisions. The Council also requested that when the ordinances returned for second reading, staff provide an assessment of the resource impacts associated with the amendments. The revisions Council directed are shown in the redlined ordinances and as described below. DISCUSSION The revised ordinances are provided as Attachments A and B. Attachment A The first ordinance (Attac1nnent A) adopts the California Green Building Code (CALGreen) and local amendments, with the revisions provided by the Council at the first reading on November 8, 2010, which were to: 1) Ensure the existing PAMC language related to salvage and diversion requirements is consistent with the language in the California Green Building Code; 2) Require that 15 points from the Residential GreenPoint Rated checklist come from a combination of indoor and outdoor water efficiency strategies (rather than from outdoor water efficiency alone); and CMR:446:10 Page 1 of4 3) Alter the Energy Performance Review (EPR) pilot program for reviews of existing buildings over 10,000 square feet (sf) to: (1) establish a two-year EPR program applying to all projects approved from January 1, 2009 forward, (2) ensure that perfonnance reviews shall not occur on less than 1/3 ofprojects captured, and (3) require that projects subject to EPRs take corrective actions if they fail; and (4) require staff to provide Council a report in the first half of 2013 with recommendations for a permanent EPR plan to be effective in 2014. Item #1 has been addressed in Attachment A, as the CALGreen definition for Salvage has been amended in Section 16.14.220. Staff reviewed the entirety of the existing Construction and Demolition Debris Ordinance to ensure that the rest of the intent was carried out in CALGreen or the City's local amendments. Itenl #2 has been included in the ordinance (Attachment A) per Council's direction, allowing the 15 point residential requirement to be derived from either indoor or outdoor water saving strategies, rather than from outdoor strategies alone, as City staff had initially recommended. Staff notes that, as amended, the City's water efficiency requirements will most likely be less stringent than surrounding cites, and lead to somewhat less water savings. During the past year, the Bay Area Water Supply and Conservation Agency (BA WSCA) worked with its member agencies, including Palo Alto, on setting minimum water efficiency requirements for outdoor landscapes. These standards include a requirement that for landscapes greater than 2,500 sf, turf grass must be limited to 25% of the landscaped area, or the landscape must meet a water budget using a 70% evapotranspiration rate, in addition to meeting other efficiency requirements for irrigation equipment (controllers and emitters) and water features (fountains). Staffs initial proposal created an equivalent requirement using GreenPoint Rated criteria, a performance based systenl familiar to the building community, as opposed to introducing another layer of requirements and paperwork. Item #3 will return to Council in early 2011 as a Resolution to implement the Energy Performance Review (EPR) Pilot Program. Attachment A in relation to Item No. 1 establishes the statutory authority for the City to conduct energy performance reviews. The Council's revisions relate to the administrative details and requirements for implementing the EPR pilot program, such as how and when City staff will monitor and enforce the guidelines. Staff proposes that these administrative details be adopted by resolution rather than as part of the City's local amendments to the State Building Standards Commission. Since the City's local amendments and any changes have to be approved by the California Building Standards Commission, a resolution establishing how the City chooses to enforce the program can be established more easily and will provide more flexibility. The Resolution will be forwarded with a staff report providing discussion related to resource impacts and other outstanding issues. The Resolution will include but 'will not be limited to: (a) Administrative regulations for a two-year energy performance review pilot program from CY2012-CY2013; (b) Specification that one-third of the number of projects over 10,000 sf submitted for building permit after January 1, 2009 would be subject to the performance review program. CMR: 446:10 Page 2 of4 (c) Provision that a staff report on the pilot program outcomes will be presented to Council in June of 2013, and will include a recommendation on whether or not to make the program mandatory in 2014; and Staff is working to identify, obtain and analyze data to address relevent issues, which include: (a) The respective roles of the Utilities and Planning and Community Environment Departments. (b) What is considered an eligible project and how the sample size will be selected. (c) What level of staff resources (FTE) will be required to: 1) establish metrics for the energy performance reviews and acceptable deviations from designed to actual energy use, 2) conduct outreach necessary to create an understanding with, and to encourage cooperative responses from building applicants, 3) work with applicants undergoing energy performance reviews, 4) assist applicants to take corrective actions if performance reviews demonstrate unsatisfactory results, and 5) establish appropriate code enforcement procedures for non compliance. The Resolution to be returned to Council may be accompanied by discussion and decisions on how to provide time and staffing resources funding to accomplish the program. Attachment B The second ordinance (Attachment B) anlends existing PAMC provisions to promote consistency and eliminate redundancies between CALGreen and the PAMC, and amend PAMC Chapter 18.44 to: 1) refer to the new green building requirements, as relocated into Chapter 16.14, 2) provide detail on necessary documentation for planning review, and 3) establish a pilot program for review of certain developments in reference to Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND). Council revisions to this ordinance at the first reading on Novelnber 8th were focused on the LEED-ND pilot program, to: (a) Exempt all single family residences from the LEED-ND pilot program, including historic homes that may not be categorically exempt from CEQA, (b) Revise the parcel size that triggers LEED-ND requirements to ~ acre or 3 or more dwelling units, and (c) Revise the LEED-ND minimum point requirement to 30 points. These changes were made to the Ordinance (Attachment B). RESOURCE IMPACT Staff has determined that the resource impacts associated with the Council's amendments to the LEED-ND pilot program would be minimal. The additional projects captured by decreasing the parcel size trigger point is expected to be less than substantial (5-10) based on a review of planning applications from the 2009-2010 Fiscal Year. Impacts and potential added resources may be needed for the Energy Performance Review Pilot Program (returning to Council in January 2011). NEXT STEPS After the second reading the CALGreen Ordinance (Attachment A) will be sent to the California Building Standards Commission for approval and filing. Both Ordinances will become effective CMR: 446:10 Page 3 of4 ATTACHMENT A ***NOT YET APPROVED*** Ordinance No. --- Ordinance of the Council of the City of Palo Alto Adopting a New Chapter 16.14 of the Palo Alto Municipal Code, California Green Building Standards Code, 2010 Edition, and Local Amendments and Related Findings WHEREAS, the City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; and WHEREAS, the City Council of the City of Palo Alto has identified Environmental Protection as one of its top five goals, and green building is a key component of Environmental Protection; and WHEREAS, green building design, construction, restoration, operation, and maintenance can have a significant positive effect on energy, water, and resource conservation, waste management and pollution reduction, and the health and productivity of a property's residents, workers, and visitors over the life of a building and/or site; and WHEREAS, green building regulations comprise an important component of a whole systems approach to the City's sustainability program related to building and land development, other components of which include but are not limited to requirements for: disposal of construction and demolition debris, storm water quality and flood protection, tree protection, water conservation, recyclable materials storage, parking lot landscaping, and transportation demand management; and WHEREAS, the City has already adopted several ordinances to promote green building, sustainability, and environmental protection, including a green building ordinance (adopted 2008), a construction and demolition debris recycling ordinance (adopted 2004, amended 2009), a recycled water ordinance (adopted 2008), a storm water pollution prevention ordinance (adopted 2003, amended 2005 & 2006) and water use regulations (adopted 1989, amended 1990, 1991, 1993); and ' WHEREAS, the State of California has adopted new mandatory green building regulations, known as the California Green Building Standards Code "CALGreen" that will take effect on January 1, 2011 for all new construction in the state and covers many of the same matters contained in the City's green building and sustainability ordinances; and WHEREAS, adoption of the California Green Building Standards Code promotes statewide consistency and predictability for building professionals; and WHEREAS, to maintain the City'S existing level of green building requirements and to harmonize the City's various sustainability standards and regulations with the provisions of CAL Green, the City intends to adopt local amendments to CAL Green, make certain enhanced measures of CAL Green mandatory, and repeal and amend existing provisions of the City's green 101129 sh 8261465 ***NOT YET APPROVED*** building and sustainability ordinances, with the goal of providing a comprehensive, yet straightforward approach to green building in the City. Now, therefore the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Title 16 of the Palo Alto Municipal Code is amended to adopt a new Chapter 16.14 to read as follows: 16.14.010 2010 California Green Building Standards Code adopted. The California Green Building Standards Code, 2010 Edition, Title 24, Part 11 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto, is adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein. One copy of the California Green Building Standards Code, 2010 Edition, has been filed for use and examination of the public in the Office of the Building Official of the City of Palo Alto. Whenever the phrases "California Green Building Standards Code," "California Green Building Code," or "CALGreen" appear in this code or in any ordinance of the City, such phrases shall be deemed and construed to refer and apply to the "2010 California Green Building Standards Code" as adopted in the California Code of Regulations, Title 24, Part 11 and this chapter. 16.14.020 2010 California Green Building Standards Code Appendix Chapters adopted. The following Appendix Chapters of the California Green Building Standards Code, 2010 Edition, are adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein: A. B. 16.14.030 Appendix A4 -Residential Voluntary Measures Appendix A5 -Nonresidential Voluntary Measures Cross -References to California Green Building Standards Code. The provisions of this Chapter contain cross-references to the provisions of the California Green Building Standards Code, 2010 Edition, in order to facilitate reference and comparison to those provisions. 16.14.040 Enforcement --Citation authority. The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) chief building official; (2) assistant building official; (3) building inspection supervisor; (4) director of planning and community environment, and (5) code enforcement officer. 101129 sh 8261465 2 ***NOT YET APPROVED*** 16.14.050 Local Amendments. The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Green Building Standards Code, 2010 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. 16.14.060 Section 101.3 amended -Scope. Section 101.3 of the California Green Building Standards Code is amended to read: 101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every building or structure unless otherwise indicated in this code, throughout the City of Palo Alto. 16.14.070 Section 101.3.1 amended -State-regulated buildings, structures and applications. Section 101.3.1 of the California Green Building Standards Code is amended to read: 101.3.1 State-rel(ulated buildings, structures and applications. Provisions of this code shall apply to the following buildings, structures, and applications regulated by state agencies as referenced in the Matrix Adoption Tables and as specified in Sections 103 through 106, except where modified by local ordinance pursuant to Section 101.7. When adopted by a state agency, the provisions of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by statute. 1. State-owned buildings, including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California and regulated by the Building Standards Commission. See Section 103 for additional scoping provisions. 2. Energy efficiency standards regulated by the California Energy Commission 3. Residential buildings, whether low-rise or high-rise, constructed throughout the City of Palo Alto, including but not limited to, hotels, motels, lodging houses, apartment houses, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities regulated by the Department of Housing and Community Development. See Section 104 for additional scoping provisions. 4. Public and private elementary and secondary schools, and community college buildings, whether or not regulated by the Division of the State Architect. See Section 105 for additional scope provisions. 5. Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Safety Board within the Division of the State Architect. 101129 sh 8261465 3 ***NOT YET APPROVED*** 6. General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 106 for additional scoping provisions. 7. Graywater systems regulated by the Department of Water Resources and the Department of Housing and Community Development. 16.14.080 Section 101.4 amended -Appendices. Section 101.4 of the California Green Building Standards Code is amended to read: 101.4 Appendices. Certain voluntary measures contained in the appendices of this code are mandatory in the City of Palo Alto pursuant to Palo Alto Municipal Code section 16.14.020. Refer to Sections 101.10, 304, Chapters 4, 5 and Appendix A5. 16.14.090 Section 101.10 amended -Mandatory requirements. Section 101.100fthe California Green Building Standards Code is amended to read: 101.10 Mandatory requirements. This code contains both mandatory and voluntary green bUilding measures. Mandatory and voluntary measures are identified at the beginning of Chapters 4 and 5 and in the appropriate application checklists contained in this code, when modified and applied to specific projects. 16.14.100 Section 202 amended Defmitions added. Section 202 of the California Green Building Standards Code is amended to add the following definitions: ADDITION. For application of green building requirements, this term means new floor area added to an existing building or structure. BUILD IT GREEN, GREENPOINT RATED. Build It Green means a non-profit organization that administers the GreenPoint Rated program for the design and construction of environmentally responsive and healthy homes. The program includes a rating system that is third-party verified and includes recognition. ENERGY STAR PORFOLIO MANAGER. Energy STAR Portfolio Manager (Portfolio Manager) shall mean the program managed by the u.s. Environmental Protection Agency that offers an energy management tool allowing applicants to track and assess energy and water consumption of a building project. Tracked projects receive an energy performance rating on a scale of 1-100 relative to similar buildings nationwide. Applicants are is not required to achieve a set rating. 101129 sh 8261465 4 ***NOT YET APPROVED*** HERS IL HERS shall mean the California Home Energy Rating System, a statewide program for residential dwellings administered by the California Energy Commission and defined in the 2008 California Building Energy Efficiency Standards. HERS Phase I provides field verification and diagnostic testing to show compliance with Title 24, Part 6, of the 2008 California Building Energy Efficiency Standards. HERS Phase II includes whole-house home energy efficiency ratings for existing and newly constructed homes. Applicants are not required to achieve a set rating. HIGH-RISE RESIDENTIAL BUILDING. A building that is of Occupancy Group R and is not a low-rise residential building. MULTI-FAMILY RESIDENTIAL. Any low-or high-rise residential building or structure with three or more attached units. INVASIVE PLANTS. Invasive plants are both indigenous and non-indigenous species with growth habits that are characteristically aggressive. Invasive plants that are of concern and may be prohibited by this code are defined as such by WUCOLS (UCCE). http://ucce.ucdavis.edulfileslfilelibrary/1726/15359.pdf. REB UILD. For application of green building requirements, this term means any remodeled building or structure where the remodel includes exposure of insulation, or the removal of exterior sheathing on 25% or more of the exterior walls for a residential project, or 50% or more of the exterior walls for a nonresidential project. RENOVATION. Means any rehabilitation, repair, remodel, change, or modification to an existing building, where changes to floor area and the footprint of the building are negligible. The valuation of renovation improvements shall be determined by the Director of Planning and Community Environment, upon recommendation of the Building Official. The Building Official may exclude from such valuation the cost of (a) seismic upgrades, (b) accessibility upgrades, or (c) photovoltaic panels or other solar energy or similar devices exterior to the building. Renovation valuation thresholds identified in Chapters 4 and 5 shall be adjusted to reflect changes in the City's valuation per square foot for new construction, using valuations in effect as of July 1, 2008, as the base index. RESIDENTIAL BUILDING. (See "low-rise residential building" and "high-rise residential building. '') SQUARE FOOTAGE. For application of green building requirements, square footage means all new and replacement square footage, including basement areas (7 feet or greater in height) and garages, except that unconditioned garage space shall only count as 50%. Areas demolished shall not be deducted from the total new construction square footage. Square footage may also apply to landscapes, in 101129 sh 8261465 5 ***NOT YET APPROVED*** which case it is the total surface area of the site not covered by impervious surfaces. 16.14.110 Section 303.1.2 added -Cumulative construction. Section 303.1.2 is added to the California Green Building Standards Code to read: 303.1.2 Cumulative construction. Cumulative construction over any two-year period, or a project completed in phases, shall be considered as a single project, subject to the highest level of green building requirements for that project, unless exempted by the Building Official as impractical for compliance. 16.14.120 Section 304 amended -Voluntary Tiers. Section 304 of the California Green Building Standards Code is amended to read: II II II 304.1 Purpose. Voluntary tiers are intended to further encourage building practices that improve public health, safety and general welfare by promoting the use of building concepts which minimize the building's impact on the environment and promote a more sustainable design. Use of the voluntary tiers is required in the City of Palo Alto for certain non-residential projects (see Chapter 5 for specific requirements). 304.1.1 Tiers. The provisions of Appendices A4 and A5 outline means of achieving enhanced construction levels by incorporating additional measures. Buildings complying with tiers specified for each occupancy contain additional prerequisite and elective green building measures necessary to meet the threshold of each tier. Where there are practical difficulties involved in complying with the threshold levels of a tier, the enforcing agency may grant modifications for individual cases. The enforcing agency shall first find that a special individual reason makes the strict letter of the tier impractical and that modification is in conformance with the intent and purpose of the measure. The details of any action granting modification shall be recorded and entered in the files of the enforcing agency. Projects with an unusual scope or with unique circumstances may qualify for an exemption to the requirements either in whole or in part. Examples of such projects include cemeteries, ecological restoration projects, community gardens, commercial cultivation of agricultural products, and antenna installations. 101129 sh 8261465 6 ***NOT YET APPROVED*** 16.14.130 Chapter 4 Preface added Green Building Requirements for Project Type and Scope. A Preface is added to Chapter 4 of the California Green Building Standards Code to read: II II II II II II II II II II II II II II II II Preface -Green Building Requirements for Project Type and Scope The City of Palo Alto has expanded the types and scopes of projects covered by this code and established mandatory compliance requirements to address all aspects of a building's life cycle. For design and construction of residential projects, the City requires use of the Build It Green, GreenPoint Rated program to comply with the mandatory measures of Chapter 4 and Appendix A 4. The following table prescribes the mandatory green building compliance requirements for residential projects: 101129 sh 8261465 7 ***NOT YET APPROVED*** Design and 3. Any project not • Compliance with the following CALGreen non- Construction covered under project. residential mandatory and voluntary measures is of All scopes 1 and 2 above > required based on project scope: Residential $25,000 valuation AND • 5.106.2 Local storm water pollution physical site changes prevention. that require major or minor Architectural • 5.303.5.1 Recycled water infrastructure. Review. • 5.304 OUTDOOR WATER USE when a landscape area greater than 1,000 SF is included in the project scope, and A5.304.4 Potable Water Reduction when a landscaped area greater than 1,500 SF is included in the project scope. • A5.408.3.1Enhanced construction waste reduction. 80% required for all projects regardless of scope. • If the project is over $100,000 in valuation: • Complete an existing home green remodeling checklist. • Complete a HERS II Rating . Operations 4. Buildings over 10,000 • The City reserves the right to conduct a SF performance review, no more frequently than *effective only for those once every five years unless a project fails review, to evaluate the building's energy use to projects for which a ensure that resources used at the building and/or building permit is issued site do not exceed the maximum allowance set after 0110112009. forth in the rehabilitation or new construction design. Energy use reviews may be initiated by the Building Division or as a coordinated effort between the City's Utilities Department andlor its designated contractors. Following the findings and recommendations of the review, the City may require a4justments to the energy usage or energy-using equipment or systems if the building is no longer compliant with the original design. Renovation or rehabilitation resultingfrom such audit activity shall be considered a project, and shall be subject to applicable documentation submittal requirements of the City. 101129 sh 8261465 9 ***NOT YET APPROVED*** 5. Sites greater than one • The City reserves the right to conduct acre performance reviews, no more frequently than once every jive years unless a project fails review, to evaluate water use to ensure that resources used at the building and/or site do not exceed a maximum allowance set forth in the rehabilitation or new construction design. Water use reviews may be initiated by the Building Division, or as a coordinated effort between the City's Utilities Department and the Santa Clara Valley Water District (SCVWD), or as part of SCVWD 's established water conservation programs. Following the jindings and recommendations of the review, the City may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce consumption and improve efficiency. Renovation or rehabilitation resulting from such audit activity shall be considered a project, and shall be subject to applicable documentation submittal requirements of the City. Demolitions 6. Demolitions • Compliance with the following CALGreen non- residential voluntary measures is required based on project scope: • A5.l05.1.3 Salvage. • A5.40B.3.l Enhanced Construction Waste Reduction. 80%. 16.14.140 Chapter 5 Preface added -Green Building Requirements for Project Type and Scope. A Preface is added to Chapter 5 of the California Green Building Standards Code to read: II Preface -Green Building Requirements for Project Type and Scope The City of Palo Alto has expanded the types and scopes of projects covered by this code and established mandatory compliance requirements to address all aspects of a building's life cycle. For design and construction of non-residential projects, the City requires compliance with the mandatory measures of Chapter 5 and Appendix A5, in addition to use of the Voluntary Tiers as prescribed in the following table: 101129 sh 8261465 10 ***NOT YET APPROVED*** k Pr(Jject Type 1_ Projeot Scope './ Design and Construction 101129 sh 8261465 1. All new construction and rebuilds > 1, 000 SF, and additions > 1, 000 SF that include a new HVAC system. 2. Tenant improvements, renovations, or alterations > 5, 000 SF that include replacement or alteration of at least two of the following: HVA C system, building envelope, hot water system, or lighting system. 3. Any project not covered under project scopes 1 and 2 above > $25, 000 valuation AND physical site changes that require major or minor Architectural Review. Green Building Requirements ,,~. • CALGreen Mandatory Measures. • CALGreen Tier 2. • CALGreen Mandatory Measures as applicable to project scope. • CALGreen Tier 1 as applicable to project scope. • Compliance with the following CALGreen non- residential mandatory and voluntary measures is required based on project scope: • 5.106.2 Local storm water pollution prevention. • 5.303.5.1 Recycled water infrastructure. • 5.304 OUTDOOR WATER USE when a landscape area greater than 1, 000 SF is included in the project scope, and A5.304.4 Potable Water Reduction when a landscaped area greater than 1,500 SF is included in the project scope. • A5.408.3.1Enhanced construction waste reduction. 80% required for all projects regardless of scope. • If the project is over $100, 000 in valuation: • Energy STAR Portfolio Manager Rating 11 . ***NOT YET APPROVED*** Operations 4. Buildings > 10,000 • The City reserves the right to conduct a SF performance review, no more frequently than *effective only for those once every jive years unless a project fails review, to evaluate the building's energy use to ensure projects for which a that resources used at the building and/or site do building permit is issued not exceed the maximum allowance set forth in after 0110112009. the rehabilitation or new construction design. Energy use reviews may be initiated by the Building Division or as a coordinated effort between the City's Utilities Department and/or its designated contractors. Following the jindings and recommendations of the review, the City may require adjustments to the energy usage or energy-using equipment or systems if the building is no longer compliant with the original design. Renovation or rehabilitation resultingfrom such audit activity shall be considered a project, and shall be subject to applicable documentation submittal requirements of the City . 5. Sites greater than one • The City reserves the right to conduct acre performance reviews, no more frequently than once every jive years unless a project fails review, to evaluate water use to ensure that resources used at the bUilding and/or site do not exceed a maximum allowance set forth in the rehabilitation or new construction design. Water use reviews may be initiated by the Building Division, or as a coordinated effort between the City's Utilities Department and the Santa Clara Valley Water District (SCVWD), or as part of SCVWD 's established water conservation programs. Following the jindings and recommendations of the review, the City may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce consumption and improve efficiency. Renovation or rehabilitation resulting from such audit activity shall be considered a project, and shall be subject to applicable documentation submittal requirements of the City. 101129 sh 8261465 12 Demolitions ***NOT YET APPROVED*** 6. Demolitions • Compliance with the following CALGreen non- residential voluntary measures is required based on project scope: • AS. 105.1.3 Salvage. • AS.40B.3.1 Enhanced Construction Waste Reduction. 80%. 16.14.150 Section 5.106.2 added -Local storm water pollution prevention. Section 5.106.2 is added to the California Green Building Standards Code to read: 5.106.2 Local storm water pollution prevention. Comply with additional storm water pollution prevention measures as applicable. (See Chapter 16.11, Stormwater Pollution Prevention, of the Palo Alto Municipal Code.) 16.14.160 Section 5.302 amended -Definitions added. Section 5.302 of the California Green Building Standards Code is amended to include the following definitions: DEDICATED IRRIGATION METER. A dedicated irrigation meter is a water meter that exclusively meters water used for outdoor watering and irrigation, and is completely independent from the meter used for indoor water use. PROCESS WATER. Process water means untreated wastewater, uncontaminated by toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful processing, manufacturing or operating wastes. SUBMETER. A meter installed subordinate to a site mete, usually used to measure water intended for one purpose, such as landscape irrigation. For the purposes of this section, a Dedicated Meter may be considered a submeter, however a submeter may not be considered a Dedicated Meter. 16.14.170 Section 5.303.5.1 added -Recycled Water Infrastructure. Section 5.303.5.1 is added to the California Green Building Standards Code to read: II II 5.303.5.1 Recycled Water Infrastructure. Install irifrastructure for and/or use recycled water for irrigation and/or interior plumbing, as applicable. (See Recycled Water Ordinance No. 5002, Chapter 16.12 of the Palo Alto Municipal Code.) 101129 sh 8261465 13 ***NOT YET APPROVED*** 16.14.180 Section 5.304.2 amended -Outdoor water use. Section 5.304.2 of the California Green Building Standards Code is amended to read: 5.304.2 Outdoor water use. For new water service for landscaped areas greater than 1,000 square feet, separate meters or submeters shall be installed for indoor water use, and a dedicated meter shall be installed for outdoor water use. Bacliflow prevention devices shall be installed on each water line serving the property as required. 16.14.190 Section 5.304.3 amended -Irrigation design. Section 5.304.3 of the California Green Building Standards Code is amended to read: 5.304.3 Irrigation design. In new non-residential construction with greater than 1,000 square feet of landscaped area, design the system and install irrigation hardware (i.e. controllers and sensors) which include the following criteria, and meet manufacturer's recommendations. 16.14.200 Section 5.304.3.2 added -Irrigation efficiency. Section 5.304.3.3 added Water waste. Sections 5.304.3.2 and 5.304.3.3 are added to the California Green Building Standards Code to read: 5.304.3.2 Irrigation efficiency. The irrigation system must meet an efficiency level of 70%, and subsurface and/or low volume irrigation must be used in all areas that exhibit any of these characteristics: less than 8 feet in width, with a slope greater than 25%, setback area within 24 inches of a non-permeable surface. 5.304.3.3 Water waste. The irrigation system must be designed and installed to prevent water waste due to overspray, low head drainage, or other conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. 16.14.210 recycling. Section 5.408 amended -Construction waste reduction, disposal and Section 5.408 (Sections 5.408.1 through 5.408.4) of the California Green Building Standards Code is amended to read: 5.408.1 Construction waste diversion. Establish a construction waste management plan for the diverted material:.8-;-All debris generated by a project that is-are not salvaged for reuse must be delivered to an Approved Facility as defined in Chapter 5.24 of the Palo Alto Municipal Code. 101129 sh 8261465 14 ***NOT YET APPROVED*** 5.408.2 Construction waste management plan. Where a local jurisdiction does not have a construction and demolition waste management ordinance, submit a construction waste management plan for approval by the enforcement agency that: 1. Identifies the materials to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale. 2. Determines if materials will be sorted on-site or mixed 3. Identifies approved diversion facilities where material collected will be taken. 4. Identifies waste hauling company. Hauling of debris is subject to provisions of Chapter 5.20 of the Palo Alto Municipal Code. 5. Specifies that the amount of materials diverted shall be calculated by weight. 5.408.2.1 Documentation. Documentation shall be provided to the enforcing agency which demonstrates compliance with Section 5.408.2 items 1 thru 5. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency, and upon completion of the project shall be revised to show actual debris tonnage diverted Supporting documentation shall be provided, consisting of original receipts and weight tags or other records of measurement from the approved facility, which document the address of the project or project permit number and documentation of how the material was processed Photocopies will be accepted if the permit number and/or project address is recorded on the receipts provided by an approved facility. In the case of reuse or salvage of material, a description of reused or salvaged materials and an estimate of the weight or volume of material reused or salvaged shall be provided Exception: Jobsites in areas where there is no mixed construction and demolition debris (C&D) processor or recycling facilities within a feasible haul distance shall meet the requirements as follows: 1. The enforcement agency having jurisdiction shall at its discretion, enforce the waste management plan and make exceptions as deemed necessary. Exception: Jobsites where immediate or emergency demolition is required to protect the public health, safety, or welfare, as determined by the chief building official; or on the ground of impracticability or impossibility, including but not limited to, where the scope of the covered project is unusual (i.e. large mechanical equipment installation), and/or the amount of reusable material or recyclable debris is negligible. 5.408.2.2 Isolated jobsites. The enforcing agency may make exceptions to the requirements of this section when jobsites are located in areas beyond the haul boundaries of the diversion facility. 101129 sh 8261465 15 ***NOT YET APPROVED*** . I A5.105.1.3 Salvage. Salvage structural and non-structural-l items in good condition such as wood, light fixtures, plumbing fixtures, and doors as follows. Document the weight and number of the items salvaged. 1. Salvage for reuse on the project items that conform to other provisions of Title 24 in an onsite storage area. 2. Nonconforming items may be salvaged in dedicated collection bins for exempt projects or other uses. 16.14.230 Section AS.203.1.2 amended -Tier 2 Energy efficiency -15% above Title 24, Part 6. . SectionAS.203.l.2 of the California Green Building Standards Code is amended to read: A5.203.1.2 Tier 2 Energy efficiency 15% above Title 24, Part 6 [DSA-SSJ Exceed California Energy Code requirements, based on the 2008 Energy Efficiency Standards, by 15% and meet the requirements of Division A5. 6. 16.14.240 Section AS.302 amended Definitions. The following definitions in Section AS.302 of the California Green Building Standards Code are amended to read: . MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California ordinance regulating landscape design, installation and maintenance practices that will ensure commercial, multifamily and other developer installed landscapes greater than 2,500 square feet meet an irrigation water budget developed based on landscaped area, and climatological parameters. The City of Palo Alto has adopted more stringent requirements in this code than the Model Water Efficient Landscape Ordinance, however the Model Ordinance is referenced as the method for determining the water budget associated with a project. SUBMETER. Refer to Section 5.302. 16.14.250 Section A5.304.4 amended -Potable water reduction. Section AS.304.4 of the California Green Building Standards Code is amended to read: A5.304.4 Potable water reduction. Provide water efficient landscape irrigation design that reduces the use of potable water beyond the initial requirements for plant installation and establishment in accordance with Section A5.304.4.1 or A5. 304.4.2. Calculations for the reduction shall be based on the water budget developed pursuant to section 5.304.1. Do not install invasive plant species. 16.14.260 Section A5.40S.3.1 amended -Enhanced construction waste reduction. 101129 sh 8261465 17 ***NOT YET APPROVED*** Section AS.408.3.1.1 amended -Verification of compliance. Sections AS.408.3.1 andAS.408.3.1.1 of the California Green Building Standards Code are amended to read: AS.40B.3.1 Enhanced construction waste reduction. Divert to recycle or salvage non-hazardous construction and demolition debris generated at the site in compliance with one of the following: Tier 1. At least an BO% reduction. Tier 2. At least an BO% reduction. AS.40B.3.1.1 Verification of compliance. A copy of the completed waste management report shall be provided, and upon completion of the project shall be revised to show actual debris tonnage diverted. Supporting documentation shall be provided, consisting of original receipts and weight tags or other records of measurement from the approved facility, which document the address of the project or project permit number and documentation of how the material was processed. Photocopies will be accepted if the permit number and/or project address is recorded on the receipts provided by an approved facility. In the case of reuse or salvage of material, a description of reused or salvaged materials and an estimate of the weight or volume of material reused or salvaged shall be provided. 16.14.270 Section AS.601.2.4 amended Voluntary measures for CAL Green Tier 1. Sub-section 3 of Section AS.6012.4 of the California Green Building Standards Code is amended to read: 3. From Division A5. 4, a) Comply with recycled content of 10% of materials based on estimated total cost in Section A5. 405. 4. b) Comply with the BO% reduction in construction waste in Section A5.40B.3.1 c) Comply with one elective measure selected from this division. 16.14.280 Section AS.601.3.3 amended -Tier 2. SectionAS.601.3.3 of the California Green Building Standards Code is amended to read: AS.601.3.3 Tier 2. Exceed California Energy Code requirements, based on the 200B Energy Efficiency Standards, by 15%. Field verify and document the measures and calculations used to reach the desired level of efficiency following the requirements specified in the Title 24 Nonresidential Alternative Calculation Method Manual. For each additional 5% the California Energy Code is exceeded beyond the 15% minimum required, the project can decrease one elective 101129 sh 8261465 18 ***NOT YET APPROVED*** measure required under any section under A5.601.3.4 below (e.g. a project that exceeds the California Energy Code by 25% can decrease the required elective measures by two). 16.14.290 Section A5.601.3.4 amended -Voluntary measures for CAL Green Tier 2. Sub-section 4 of Section A5.601.3.4 of the California Green Building Standards Code is amended to read: 4. From Division A5. 5, a) Comply with resilient flooring systems for 90% of resilient flooring in Section A5. 504.4. 7.1. b) Comply with thermal insulation meeting 2009 CHPS low-emitting materials list and no addedformaldehyde in Section A5.504.4.B.1. c) Comply with four elective measures selected from this division. SECTION 2. The Council adopts the findings for local amendments to the California Green Building Standards Code, 2010 Edition, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment. SECTION 4. date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk 101129 sh 8261465 This ordinance shall be effective on the thirty-first day after the Mayor 19 ***NOT YET APPROVED*** APPROVED AS TO FORM: Senior Deputy City Attorney 101129 sh 8261465 20 APPROVED: City Manager Director of Planning & Community Environment ***NOT YET APPROVED*** EXHIBIT "A" Findings Adoption of California Green Building Standards Code and Related Amendments In adopting the ordinance adding Chapter 16.14 to the Palo Alto Municipal Code, the City Council finds as follows: Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions of the California Building Standards Code, including green building standards, which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. A. General Findings Related to Green Building and Sustain ability Requirements in City of Palo Alto 1. Green building enhances the public health and welfare by promoting the environmental and economic health of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites by incorporating green practices into all development. The green provisions in this Chapter are designed to achieve the following goals: (a) Increase energy efficiency in buildings; (b) Increase water and resource conservation; ( c) Reduce waste generated by construction and demolition projects; (d) Provide durable buildings that are efficient and economical to own and operate; (e) Promote the health and productivity of residents, workers, and visitors to the city; (t) Recognize and conserve the energy etnbodied in existing buildings; (g) Encourage alternative transportation; and (h) Reduce disturbance of natural ecosystems. 2. The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; 3. The Council identified Environmental Protection as one of its top five goals and green building is a key component of environmental protection; 4. Green building design, construction, restoration, operation, and maintenance can have a significant positive effect on energy, water, and resource conservation, waste management and pollution generation, and the health and productivity of a property's residents, workers, and visitors over the life of a building and/or site; 101129 sh 8261465 21 ***NOT YET APPROVED*** 5. Green building regulations comprise an inlportant component of a whole systems approach to the City's sustainability program related to building and land development, other components of which include but are not limited to requirements for: disposal of construction and demolition debris, storm water quality and flood protection, tree protection, water conservation, recyclable materials storage, parking lot landscaping, and transportation demand management. B. Findings for Local Amendments to 2010 California Green Building Standards Code (PAMC 16.14.020) 1. The City Council adopted a local Green Building Ordinance in 2008. In adopting that Ordinance, the Council recognized that a green building program supports the following principles important to the City of Palo Alto and found that: (a) The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; (b) The Council identified Environmental Protection as one of its top four goals for 2008, and green building is a key component of environmental protection; (c) Green building design, construction, restoration, operation, and maintenance can have a significant positive effect on energy, water, and resource conservation, waste management and pollution generation, and the health and productivity of a property's residents, workers, and visitors over the life of a building and/or site; (d) The provisions of California Assembly Bill 32 (Global Warming Solutions Act) require actions on the part of State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels; (e) Failure to address and significantly reduce greenhouse gas emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood Hazard areas of the City; (f) Green building regulations comprise an important component of a whole systems approach to the City's sustainability program related to building and land development, other components of which include but are not limited to requirements for: disposal of construction and demolition debris, storm water quality and flood protection, tree protection, water conservation, recyclable materials storage, parking lot landscaping, and transportation demand management; (g) The City's Climate Protection Plan (CPP), adopted by the City Council on December 3, 2007, identifies green building as an important approach to reducing greenhouse gases generated in the Palo Alto community. The CPP notes that building construction and maintenance accounts 10 1129 sh 8261465 22 ***NOT YET APPROVED*** for approximately 38% of U.S. greenhouse gas emissions (U.S. Department of Energy) and approximately 40% of the energy use in the Palo Alto community. Buildings also account for much of the 14% of emissions that are generated by waste materials; (h) Green building and landscape design, construction, operations and maintenance techniques are increasingly widespread in residential and commercial building construction, and green building benefits can be spread throughout the systems and features of a building such that green buildings can include: the use of certified sustainable wood products and high-recycled content products; reuse of existing facilities and recycling and salvage; reduced demands on heating and cooling systems; increased energy efficiency; enhancement of indoor air quality; reduced per capita demand on water resources and infrastructure; and the installation of alternative and renewable energy systems; (i) At the state level, Build It Green has taken the lead in promoting and defining residential green building by developing the GreenPoint Rated Rating System TM; and 0) Because the design, restoration, construction, and maintenance of buildings and structures within the City can have a significant impact on the City's environment, greenhouse gas emissions, resource usage, energy efficiency, waste management and the health and productivity of residents, workers and visitors over the life of the building, requiring commercial and residential projects to incorporate green building measures is necessary and appropriate to achieve the public health and welfare benefits of green building. 2. The local amendments to the California Green Building Standards Code make that code consistent with the City's previously adopted Green Building Ordinance and are reasonably necessary because of the following local climatic, geological, topographical or environmental conditions: (a) The principles articulated and restated in Section 1 of this exhibit remain as relevant to the City today as they were when the City's original Green Building Ordinance was adopted in 2008; (b) Green building and landscape design, construction, operations and maintenance techniques are increasingly widespread in residential and commercial building construction in Palo Alto, and green building benefits can be spread throughout the systems and features of a building, such that green buildings can include: the use of certified sustainable wood products and high- recycled content products; reuse of existing facilities and recycling and salvage; reduced demands on heating and cooling systems; increased energy efficiency; enhancement of indoor air quality; reduced per capita demand on water resources and infrastructure; and the installation of alternative and renewable energy systems; ( c) The design, restoration, construction, and maintenance of buildings and structures within the City can have a significant positive impact on the City's environment by reducing greenhouse gas emissions and resource usage, and promoting energy efficiency and sustainable waste management. These impacts improve the health and productivity of residents, workers, and visitors over the life of a green building. As such, requiring commercial and residential projects 101129 sh 8261465 23 ***NOT YET APPROVED*** to incorporate green building measures is necessary and appropriate to achieve the public health and welfare benefits of green building; (d) The City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; (e) Energy efficiency is a key component in reducing GHG emissions, and construction of more energy efficient buildings can help Palo Alto reduce its share of the GHG emissions that contribute to climate change; (f) The City of Palo Alto Utilities (CPAU) is the only municipal utility in California that operates City-owned-utility services including electric, fiber optic, natural gas, water and wastewater services, and as such, the City Council is uniquely concerned that CPAU be able to provide reliable power to Palo Alto residents and businesses, especially in periods of peak energy demand; (g) Summer ambient temperatures in the City during the months of June, July and August can reach over 100 degrees, creating peak energy load demands that can cause power outages, affecting public safety and causing adverse local economic impacts; (h) The total square footage of conditioned habitable space within residential and nonresidential buildings in the City is increasing and using more energy and resources than in the past; (i) The burning of fossil fuels used in the generation of electric power and heating of buildings contributes to climate change, which could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101; 0) Reduction of total and peak energy use as a result of incremental energy efficiency measures will have local and regional benefits in the cost-effective reduction of energy costs for building owners, additional available system energy capacity, and a reduction in greenhouse gas emissions; (k) The provisions of California Assembly Bill 32 (Global Warming Solutions Act) require actions on the part of State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 1990 levels; Failure to address and significantly reduce greenhouse gas emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk Palo Alto homes and businesses, public facilities, and Highway 101 (Bayshore Freeway); (1) The City's local Green Building Ordinance has already resulted in considerable local environmental benefits to the City, including but not limited to, benefits to the local environmental conditions addressed in the CPP. Specifically, for calendar year 2009, staff calculated that the Green Building Ordinance resulted in the following benefits to the City: 101129 sh 8261465 24 ***NOT YET APPROVED*** (i) 74,021 square feet of green construction; (ii) More than 900 City residents or employees now housed in green facilities; (iii) Energy efficiency savings beyond the requirements of the California State Energy Code averaging twenty one percent; (iv) Annual electricity savings of21,526 kwh; (v) Annual natural gas savings of 535 therms; (vi) Annual indoor water use savings of 286,389 gallons; (vii) Annual outdoor water use savings of 50,000 gallons; (viii) 16,122 tons of waste diverted from landfills; and (ix) Avoidance of 5,800 metric tons of greenhouse gas emissions (from energy, water and waste). (m) At the state level, Build It Green has taken the lead in promoting and defining residential green building by developing the GreenPoint Rated Rating System™, and the City of Palo Alto finds that meeting the minimum requirements of Build It Green, GreenPoint Rated system to be equivalent to the mandatory provisions of the California Green Building Standards Code. C. Findings Related to Enhanced Green Building Measures (P AMC§§ 16.14.080- .140, 16.14.270-.290): 1. The California Green Building Standards Code appendices include voluntary tiers to provide cities, counties, building professionals, and the general public with a range of prerequisite and elective green building measures for builders to choose from when constructing homes in California. 2. The California Green Building Standards Code appendices benefited from extensive input from cities, counties, building professionals, state agencies, and recognized green building professionals, and the practices contained in these guidelines were selected for their viability in today's market and their ability to promote sustainable buildings and communities. 3. Adoption of the California Green Building Standards Code appendices promotes statewide consistency and predictability for building professionals, while ensuring that the level of green building standards established by the City of Palo Alto in its 2008 Green Building Ordinance is not diminished. D. Findings Related to Construction and Demolition Debris Amendments (P AMC §§ 16.14.210-.220): 1. The State of California through its California Integrated Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50% of discarded materials (base year 1990) from landfills. 2. The City Council adopted a Zero Waste Strategic Plan in 2005 that sets a goal of zero waste by 2021 and provides that 90% or more of waste materials should be diverted from landfills through waste reduction, reuse, and recycling efforts. l01129 sh 8261465 25 ***NOT YET APPROVED*** 3. There are facilities both within the City and in nearby surrounding areas that can effectively reuse, recycle or otherwise recover the constituent elements of the waste materials generated by construction and demolition activity and thereby divert such materials from landfills. 4. Construction and demolition debris recovery programs reduce the amount of materials generated and hauled to landfills. E. Findings Related to Water Efficiency Amendments (PAMC § 16.14.160-.200; 16.14.240-.260): 1. The outdoor water use requirements set forth in the California Green Building Standards Code (CALGreen) meet or exceed the minimum requirements of the Department of Water Resources' (DWR) Model Water Efficient Landscape Ordinance, mandated .by state law (AB 1881 (2006), and are at least as effective in reducing landscape water use as the DWR Model Ordinance, for the following reasons: (a) CALGreen applies to more projects than the DWR Model Ordinance; (b) CALGreen is linked to projects requiring building permits, which undergo review through the City's Planning and Community Environment Department, whereas the DWR Ordinance applies only to projects that require landscape permits. Because the City does not issue landscape permits, more projects will be captured by the CALGreen requirements and subjected to the landscape water use standards contained therein; (c) CALGreen sets forth maximum limits for evapotranspiration, an important element in water use calculations, which are more effective in reducing landscape water use than what is required in the DWR Model Ordinance; (d) Planting specifications under CAL Green reduce the area and amount of high water use plants allowed for landscape projects, which exceed DWR requirements; (e) Under CALGreen, landscape submetering is required for both residential and nonresidential projects with landscape areas smaller than what is recommended in the DWR Model Ordinance. Landscape submetering has been shown in many cases to reduce overall site water use. 101129 sh 8261465 26 ATTACHMENT B ** NOT YET APPROVED ** Ordinance No. ---Ordinance of the City Council of the City of Palo Alto Amending Certain Sections of Title 5 (Health and Sanitation), Title 12 (Public Works and Utilities), Title 16 (Building Regulations), and Title 18 (Zoning), and Repealing Chapter 9.06 to Promote Consistency with State Green Building Standards and Add Criteria for Sustainable Neighborhood Development WHEREAS, the City of Palo Alto's (City) Comprehensive Plan sets forth goals for preserving and improving the City's natural and built environment, protecting the health of its residents and visitors, conserving water and energy, and fostering its economy; and WHEREAS, the City Council of the City of Palo Alto has identified Environmental Protection as one of its top five goals, and green building is a key component of Environmental Protection; and WHEREAS, sustainable neighborhoods can have a significant positive effect on energy, water, and resource conservation, waste management and pollution generation, and the health and productivity of a property's residents, workers, and visitors over the life of the site and surrounding community; and WHEREAS, the State of California has adopted new mandatory green building regulations, known as the "CALGREEN Code," that will take effect on January 1, 2011 for all new construction in the State, which the City is adopting with local amendments; and WHEREAS, the City has already adopted several ordinances to promote green building, sustainability, and environmental protection, including a green building ordinance (adopted 2008), a construction and demolition debris recycling ordinance (adopted 2004, amended 2009), a recycled water ordinance (adopted 2008), a stormwater pollution prevention ordinance (adopted 2003, amended 2005 & 2006) and water use regulations (adopted 1989, amended 1990,1991, 1993), and many of the City's local requirements overlap with the requirements of CAL GREEN ; and WHEREAS, adoption of CALGREEN promotes statewide consistency and predictability for building professionals; and WHEREAS, as part of providing a comprehensive, easy-to-use approach to green building in the City with CALGREEN, the City'S local green building and sustainability ordinances must be amended and/or repealed in order harmonize the City's various existing rules with the provisions of CAL GREEN. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: 1 101101 sh8261448 ** NOT YET APPROVED ** (3) "Construction and demolition debris" means (1) discarded materials generally considered to be non-water soluble and non-hazardous in nature (as defined by California Code of Regulations, Title 22, § 66261.3 et seq.), including but not limited to metal, glass, brick, concrete, porcelain, ceramics, asphalt, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soil, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; (2) remnants of new materials, including but not linlited to: cardboard, paper, plastic, wood, glass and metal from any construction and/or landscape project. (4) "Covered project" means any project that is required to comply with the standards of Chapter 16.14 (California Green Building Code). (5) "Reuse" means further or repeated use of construction or demolition debris, including sale or donation of items. (6) "Salvage" means the controlled removal of construction or demolition debris/material from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. Examples include air conditioning and heating systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood fencing, lumber and plywood. 5.24.030 Applicability and Standards for Compliance. Covered Projects shall comply with construction and demolition debris diversion rates and other requirements established in Chapter 16.14 (California Green Building Code). In addition, all debris generated by a covered project must haul 100% of the debris not salvaged for reuse to an approved facility as set forth in this chapter. 5.24.040 Debris Collection and Approved Facilities. Applicants using a debris box provided by the City's collector pursuant to the provisions of Chapter 5.20 shall be deemed to have complied with the requirement to take construction and demolition debris to an approved facility. Applicants using any other method of disposal shall dispose of such debris at an approved facility in accordance with the following requirements: (a) The City shall make available to each applicant a current list of approved facilities. (b) A facility not on the approved facilities list may apply to be listed by submitting the name and address of the person who owns the facility, the name and address of the person who operates the facility, a statement that the owner or operator has all permits, authorizations or licenses required by any local, state or federal agency to operate the facility, and all 3 101129 sh 8261448 ** NOT YET APPROVED ** necessary insurance, and a description from the facility of the debris accepted for reuse, recycling, compo sting, biomass conversion, and/or alternative daily cover (ADC) for landfills, and overall facility recovery rates for the previous year by material type. (c) To be approved, a facility must have an overall minimum recovery rate for inert solids of ninety percent, and an overall minimum recovery rate of seventy-five percent for all other construction and demolition debris. The recovery rate may include materials used as ADC (alternative daily cover for landfills) or bio-mass conversion, provided that the facility can demonstrate that the use as ADC or bio-mass conversion is the highest and best use. The recovery rate will be determined by the total quantity of materials delivered to established recycling and compo sting markets divided by the total quantity received by the registered facility. Highest and best use for ADC does not include ADC which is generated by intentional crushing or grinding of construction and demolition debris that has not been processed to remove wood, metal, wallboard, glass and other materials for which markets or uses other than ADC are available. It also does not include ADC use for recovered unpainted or untreated wood, unpainted or untreated drywall, metal, landscape de bris, asphalt, concrete or other materials that have adequate markets. Highest and best use of bio- mass conversion does not include materials that have reuse,composting or other recycling markets unless the facility can demonstrate that these markets are not an adequate or feasible alternative to the bio-mass conversion market. (d) All approved facilities must: 101129 sh 8261448 (1) Maintain mInImum overall recovery rates as listed under Section 5.24.040(c). (2) Submit an annual report outlining the recovery rate, recovery type (reuse, recycling markets, bio-mass conversion, composting or ADC) by material type. (3) Implement and maintain a hazardous waste load checking program. (4) Issue a uniquely numbered receipt to transporter of each truckload of incoming materials received including quantity of materials, name of facility and facility recovery rate. (5) Allow for on-site visits to verify application and report information. (6) Notify the City within thirty days of any change in registration or application information. (7) Notify the City within twenty-four hours of the time a permit, authorization or license required by local, state or federal agency to operate the facility expires, or is revoked or suspended. 4 ** NOT YET APPROVED ** (e) The compliance official may approve facilities equivalent in spirit and stringency to the requirements of this chapter that have been listed on another city, county or state reuse and recovery list. SECTION 2. Amendments to Chapter 12.32-Water Efficient Landscaping. Section 12.32.040 (Water efficient landscape ordinance) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code is hereby repealed, and a new section 12.32.040 is added to read as follows: 12.32.040 Indoor and Outdoor Water Efficiency. Pursuant to the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance, Government Code Section 65591, et seq. as amended, a City is required to adopt the State Landscape Model Ordinance or equivalent local landscape water efficiency requirements that are "at least as effective" as the State ordinance in conserving water. The Council has adopted requirements that are at least as effective in reducing landscaping water use, also known as outdoor water use, as well as additional requirements for existing landscapes and indoor water use in Chapter 16.14 (California Green Building Code). SECTION 3. Amendments to Chapter 16.11-Storm Water Pollution Prevention. Section 16.11.030 of the Palo Alto Municipal Code is amended to add a new subsection (f) to read as follows: 16.11.030 required. Permanent storm water pollution prevention measures (f) A development project, or other project type of any size or impact, may have to comply with additional storm water pollution prevention requirements during and after construction relating to both quality and quantity as set forth in Chapter 16.14 (California Green Building Code). SECTION 4. Amendments to Chapter 16.12-Recycled Water. Section 16.12.015 is amended to add at the end to read as follows: All users of recycled water shall comply with the California Department of Public Health regulations contained in Title 17 and Title 22 of the California Code of Regulations, and with the Palo Alto Water Reuse Rules and Regulations for the use of recycled water. Additional opportunities and/or requirements for adding recycled water infrastructure or nonresidential and multifamily new construction and major renovation projects are described in Chapter 16.14 (California Green Building Code). 5 101129 sh 8261448 ** NOT YET APPROVED ** SECTION 5. Amendments to Chapter 18.44-Green Building Requirements and Zoning Code. Chapter 18.44 (Green Building Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby repealed and a new Chapter 18.44 is added to read as follows: Chapter 18.44 GREEN DEVELOPMENT REGULATIONS 18.44.010 Development Standards for Sustainable Neighborhoods All new planning applications that fall under any of the thresholds below submitted between January 1, 2011 and December 31, 2011 shall participate in a pilot program utilizing the Leadership in Energy and Environmental Design ("LEED") for Neighborhood Development rating system. 1: bl 1 LEED ND pOI t P a e --10 rogram R equlremen t Th h Id res 0 s Threshold Fixed R~il (University, Traffic Corridor Neighborhood All Other Sites California Ave., and San El Camino Real Center Antonio) Type All new construction. All new All new All projects including an construction. construction. application for one of the following: • rezoning • planned community • site and design review for a mixed use project • conditional use permit for change of use from commercial to residential Location within Y2 mile within 1i4 mile n/a n/a Parcel Size Yt acre or three or more '/4 acre or three or V4 acre or three or V4 acre or three or more dowelling units~ lTIOre dwelling more dwelling dwel1ing units;6 aefes ffi i fl i ffHHl:=t units~ units~ minilfmm .. ffHRlffi tUB: IHHHHUI fft Compliance All pre-requisites, and achieve ~30 points in the Smart Location and Linkage (SLL) and Level for Neighborhood Pattern and Design (NPD) sections ofLEED-ND. Projects retaining and Evaluation rehabilitating an existing historic building(s) shall receive a 5 point credit towards the minimum ~30_points required. Special Considerations: If a project includes more than one parcel that are adjacent to one another, and have the same owner or developer, they will be considered together under LEED-ND review. The requirements apply to cumulative or phased projects under review within a five year period. Single family residences in R 1 and R ;6 distriets that fall be.Je.w-within the thresholds above, including historic h0111es~ and are not included in a planned community zone project, are exempt. 6 101129 sh 8261448 ** NOT YET APPROVED ** During the pilot year applicants will be required to submit LEED-ND documentation for informational purposes only. A complete planning application shall include materials showing how the project could meet the referenced compliance levels. At the end of the pilot year staff will return to PT &C and Council to review if the thresholds of compliance were appropriate, to make any necessary adjustments, and to consider for mandatory adoption. 18.44.020 Compliance with California Green Building Standards Code Required. All development projects may be subject to additional requirements under the green development regulations outlined in Chapter 16.14 (California Green Building Code) of Title 16 (Building Regulations) of the Palo Alto Municipal Code. A complete application as described under Chapter 18.77.020 (Applications) and Chapter 18.77.030 (Determination of Completeness) shall include appropriate documentation showing compliance with Chapter 16.14 and this Chapter, as applicable. SECTION 6. Repeal of Chapter 9.06-Woodburning Fireplaces and Appliances. Chapter 9.06 (Woodburning Fireplaces and Appliances) of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code is hereby repealed. II II II II II II II II II II II II 101129 sh 8261448 7 ** NOT YET APPROVED ** SECTION 7. Environmental Review. The Council hereby finds this ordinance is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the' CEQA Guidelines because it is an action taken by a regulatory agency for the protection of the environment. SECTION 8. Effective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Deputy City Attorney 101129 sh 8261448 8 APPROVED: Mayor City Manager Director of Planning and Community Environment * NOT YET APPROVED * Resolution No. ---Resolution of the Council of the City of Palo Alto Dechiring the Results of the Special Municipal Election Held on Tuesday, November 2,2010 WHEREAS, on November 2, 2010, a special election was consolidated with the Gubernatorial General Election and duly held in the City of Palo Alto pursuant to Government Code Section 53724 and Election Code Section 9222, for the purpose of submitting Measure R to the voters of the City, in the form set forth below: Shall the Charter be amended to require the City to continuously maintain in all budgetary years at least the number of Fire Department Personnel authorized in the. 2009-10 Annual Budget, and to prohibit the City from implementing any proposal to reduce fIre staffIng levels or close or relocate a fIre station unless the City Council holds two public hearings, submits the measure to voters, and a majority of voters approve the proposal? WHEREAS, on November 2, 2010, a special election was consolidated with the Gubernatorial General Election and duly held in the City of Palo Alto pursuant to Government, Code Section 53724 and Election Code Section 9222, for the purpose of submitting Measure S to the voters of the City, in the form set forth below: To consolidate with county and State elections and help reduce the City'S election costs, shall Article III, section 3 of the Palo Alto City Charter be amended to change the City's general municipal elections to each even- numbered year, with the next election scheduled for 2012, and to extend the terms of all current council members by one year in order to complete the transition to even-numbered year elections? WHEREAS, due and legal notice of the special municipal election was given as required by law; and WHEREAS, on the 2nd day of November 2010, at 7:00 a.m., the polls were duly and regularly opened for the special municipal election and the polls were continuously kept open until 8:00 p.m.; and WHEREAS, the Registrar of Voters of Santa Clara County has conducted a complete and offIcial canvass of the returns of the election; and WHEREAS, Article III, Section 4 of the Charter of the City of Palo Alto requires the Council to act as the canvassing board to canvass the results of such elections; and 101206 sh 8261491 1 * NOT YET APPROVED * WHEREAS, on December 13, 2010, the Council of the City of Palo Alto met at its usual place of meeting, canvassed the returns of the special municipal election and declared the results thereof. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council finds and declares that: (a) A special election consolidated with the Gubernatorial General Election was duly and regularly held on November 2,2010, pursuant to the Government Code Section 53724, Elections Code Section 9222, and the election laws of the State of California for the purpose of considering Measure R. (b) The total number of votes cast in the City at said Special Election, including votes cast upon absentee ballots, was 26,473 on 28,463 ballots (77.5% turnout). (c) The total number of votes given and cast for Measure R at said election, including votes cast upon absentee ballots, was as follows: NO YES TOTAL 19,906 6,567 26,473 (d) The results have a majority of votes against the Charter Amendment for Measure R; therefore the Charter is not amended. SECTION 2. The Council finds and declares that: (a) A special election consolidated with the Gubernatorial General Election was duly and regularly held on November 2,2010, pursuant to the Government Code Section 53724, Elections Code Section 9222, and the election laws of the State of California for the purpose of considering Measure S. (b ) The total number of votes cast in the City at said Special Election, including votes cast upon absentee ballots, was 25,580 on 28,463 ballots (77.5% turnout). (c) The total number of votes given and cast for Measure S at said election, including votes cast upon absentee ballots, was as follows: 101206 sh 8261491 YES NO TOTAL 19,509 6,071 25,580 2 / / * NOT YET APPROVED * (d) The results have a majority of votes for the Charter Amendment; therefore the Charter is amended. SECTION 3. Attached hereto as Exhibit "A" and incorporated herein by this reference is the statement of the results as required by Section 10264 of the California Elections Code. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: Sr. Deputy City Attorney 101206 sh 8261491 3 EXHIBIT A CERTIFICATE OF ELECTION RE5UL T5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) I, Jesse Durazo, Registrar of Voters of the County of Santa Clara, State of California, hereby declare: 1. A Gubernatorial General Election was held in the County of Santa Clara, in the City of Palo Alto, on November 2, 2010 for the purpose of submitting the following measure to the voters: R Shall the Charter be amended to require the City to continuously maintain in all budgetary years at least the number of Fire Department Personnel authorized in the 2009-10 Annual Budget, and to prohibit· the City from implementing any proposal to reduce fire staffing levels or close or relocate a fire station unless the City Council holds two public hearings, submits the measure to voters, and a majority of voters approve the proposal? . 2. The official canvass of the returns of the election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California. 3. The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure R in each of the precincts and the total shown is true and correct. WITNESS my hand and Official Seal this 30th day of November, 2010. CERTIFICATE OF ELECTION RE5UL T5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) I, Jesse Durazo, Registrar of Voters of the County of Santa Clara, State of California, hereby declare: 1. A Gubernatorial General Election was held in the County of Santa Clara, in the City of Palo Alto, on November 2, 2010 for the purpose of submitting the following measure to the voters: S To consolidate with county and State elections and help reduce the City's election costs, shall Article III, section 3 of the Palo Alto City Charter be amended to .change the City's general municipal elections to each even-numbered year, with the next election scheduled for 2012, and to extend the terms of all current council members by one .. year in order to complete· the transition to even-numbered year elections? 2. The· official canvass of the returns of the el.ection was conducted by the . Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California. 3. The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure 5 in each of the precincts and the total shown is true and correct. WITNESS my hand and Official Seal this 30th day of November, 2010. Santa Clara County Measure Q -Zoning, City of Saratoga Completed Precincts 31 of 31 YES 6.939 49.28% ~easure R -Amendment, City of Palo Alto Completed Precincts 53 of 53 , , " .......... , .. FOR THE AMENDMENT 6567 24.81° Measure S-Election Date Change, City of Palo Alto , Completed Precincts 53 of 53 1Il1lIL~1I_~ IAGAINST THE AMENDMENT 6 071 23.730/. Measure T -Utility Users Tax, City of Mt. View Completed Precincts 42 of 42 ~~ NO 6393 29.89% Measure U -Marijuana Business Tax, City of SJ Completed Precincts 582 of 582 _ " 9 NO 50.992 21.67% Run Daterrime: 11/23/103:40:13 PM FINAL RESULTS Cumulative Totals Measure V -Binding Arbitration, City of SJ ,., Completed Precincts 582 of 582 ..... " .•.. . -....... .. :,,"' .. : NO 75 038 33.59% Measure W -Pension Reform, City of SJ Completed Precincts 582 of 582 ,.. ... ,"';" ., ., .... " -. -NO 62710 27.86% SCC _201011 02_E November 2, 2010 Page 10 of 10 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: UTILITIES DATE: DECEMBER 6, 2010 CMR: 443.10 REPORT TYPE: CONSENT SUBJECT: Approval of the Agreement for the Transfer of Renewabie Energy Certificates Associated with Project Capacity and Energy of Geothermal Generating Project Number 3 to the Turlock Irrigation District RECOMMENDATION Staff recommends that the City Council approve the Agreement for the Transfer of Renewable Energy Certificates Associated with Project Capacity and Energy of Geothermal Generating Project Number 3 to the Turlock Irrigation District for the Renewable Energy Certificates that accrued during 2010 and delegate to the City Manager the authority to sign the Agreement. EXECUTIVE SUMMARY Palo Alto, along with other members of the Northern California Power Agency ("NCP A"), was a project participant under the "Agreement for Construction, Operation and Financing of Geothermal Generating Project Number Three" dated July 1, 1983. In 1984 and 1985 Palo Alto permanently transferred Palo Alto's rights to capacity and energy from the project to the Turlock Irrigation . District ("TID"). At the time of the transfers, the term "Renewable Energy Certificates" ("RECs") was not defined, but since then, RECs have become associated with the production of electricity from renewable energy resources, such as the geothermal projects. Because NCPA, as the Joint Powers Authority, is the project owner, NCPA also registers and holds the RECs associated with the geothermal projects. To facilitate the ability of project participants to avail themselves of the use of their share of the RECs, NCPA is developing a policy for the transfer of the RECs from NCP A to the NCPA project participants. This policy will take several months to develop so, to facilitate the timely sale of RECs generated in 2010, NCPA has developed an interim agreement. The NCP A Commission approved the interim agreement at its October 28, 2010 meeting. NCPA has asked Palo Alto and TID to execute an additional agreement to authorize NCPA to transfer the RECs associated with Palo Alto's original project participation to TID. BACKGROUND By 1984, staff analysis had found that the round-the-clock generation from the geothermal project was not a good fit for the City's newly forecasted small summer daytime peaking needs. CMR: 443.10 Page 1 of3 So in 1984, Palo Alto entered into a multi-party contract with other geothermal project participants to transfer their rights to capacity and energy from the project to TID who did have the need for the output. Under the "Agreement for Transfer of Rights to Capacity and Energy of Geothermal Generating Project Number 3", dated October 1,1984, (the "Transfer Agreement"), TID acquired 8.964% of Palo Alto's entitlement percentage of capacity and energy from the NCPA Geothermal Generating Project Number 3 ("Project No.3"). The following year, ina separate two-party agreement, the "Agreement Between the Turlock Irrigation District and the City of Palo Alto", dated December 30,1985, (the "1985 Agreement"), TID agreed to acquire all of Palo Alto's remaining 3.352% entitlement percentage of the capacity and energy of Project No.3. Under the Transfer Agreement and the 1985 Agreement, Palo Alto is deemed to have transferred to TID a permanent entitlement percentage of 12.316%, which represents Palo Alto's entire interest in Project No.3. The term .RECs refers to the environmental attributes that were not recognized at the time that Palo Alto entered into the Transfer Agreement and the 1985 Agreement, but that now are associated with the production of electricity from a renewable energy resource, such as the· NCPA geothermal projects. Because NCPA, as the Joint Powers Authority, is the project owner, NCPA also registers and holds the RECs associated with the geothermal projects. NCPA, on behalf of its members is developing a policy that will govern the protocol applicable to the transfer of RECs associated with the projects from NCPA to the NCPA project participants. Several proj ect participants want the ability to sell RECs accrued during 2010 (the "2010 RECs") now held by NCP A and, to support those projects participants who are in active negotiations to execute sales, NCP A has approved an interim mechanism to allow for the transfer of a limited number of 20 1 0 RECs. DISCUSSION The Agreement for the Transfer of Renewable Energy Certificates Associated with Project Capacity and Energy of Geothermal Generating Project Number 3 to the Turlock Irrigation District (the "Agreement") would be made solely for the purpose of facilitating the transfer of the 2010 RECs associated with the transferred entitlement percentages, which N CPA will transfer to TID. By executing the Agreement, Palo Alto acknowledges that TID has disclosed its intention to sell the Project No. 3's 2010 RECs, and Palo Alto agrees not to take action that will block, restrain, or otherwise impair the transfer of these 2010 RECs from NCP A to TID, or take action that will prevent the sale of these 2010 RECs by TID to any third party. Two other NCPA members, the City of Gridley and the Plumas-Sierra Rural Electric Cooperative, who also permanently transferred their entitlement percentages to TID in 1984, have also been requested to execute this new Agreement. RESOURCE IMPACT Palo Alto has not counted or had plans to include the value of the RECs from Geothermal Generating Project Number 3 in its portfolio, as it has been the custom and practice to treat the transfer agreements as transferring all rights, costs and liabilities of the project. Therefore, this Agreement is not expected to have any material resource impact on Palo Alto. POLICY IMPLICATIONS Approval of this resolution does not change existing polity or constitute any new policy. CMR: 443.10 Page 20f3 ENVIRONMENTAL REVIEW Execution of the Agreement would not result in a direct or reasonably foreseeable indirect change in the physical environment and therefore does not meet the definition of a project, pursuant to section 21065 of the California Environmental Quality Act (CEQA). ATTACHMENTS A: Agreement for the Transfer of Renewable Energy Certificates Associated with Project Capacity and Energy of Geothermal Generating Project Number 3 B: NCP A Staff Report for October 28th NCP A Commission Meeting C: Agreement for Transfer of Rights to Capacity and Energy of Geothermal Generating Project Number 3, dated as of October 1, 1984 D: Agreement Between the Turlock Irrigation District and the City of Palo Alto, dated December 30, 1985 PREPARED BY: DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: DEBRA LLOYD \) L Acting Assistant Director, Utilities Resource Management -_. ---------~ ---------------------- CMR: 443.10 Page 3 of3 ;) Agreement for the Transfer of Renewable Energy Certificates Associated with Project Capacity and Energy Of Geothermal Generating Project Number 3 ATTACHMENT A This Agreement for the Transfer of Renewable Energy Credits (the "Agreement"), dated as of , 2010 (the "Effective Date") is entered into by and among the Turlock Irrigation District ("TID"), the City of Gridley ("Gridley"), the City of Palo Alto ("Palo Alto"), and the Plumas-Sierra Rural Electric Cooperative ("PSREC") (individually, "Party" and, collectively, "Parties"), with reference to the following facts: Recitals: A. Under the "Agreement for Transfer of Rights to Capacity and Energy of Geothermal Generating Project Number 3", dated as of October 1, 1984, (the "Transfer Agreement"), TID acquired "Transferred East Block Entitlement Percentages" (as such term is defined in Section 1 (f) of the Transfer Agreement) of capacity and energy of the NCPA Geothermal Generating Project Number 3 ("Project No.3") from Gridley, Palo Alto, and PSREC in the following percentages: Gridley, 0.118%; Palo Alto, 8.964%; and PSREC, 0.227%, or the sum total of 9.309%. B. By the "Agreement Between the Turlock Irrigation District and the City of Palo Alto", dated December 30, 1985 (the "1985 Agreement"), TID agreed to purchase a portion of Palo Alto's rights to capacity and energy under the "Agreement for Construction, Operation, and Financing of Geothermal Generating Project NO.3" ("Third Phase Agreement") between the Northern California Power Agency ("NCPA") and several members of NCPA, including Palo Alto. Under section 2 of the 1985 Agreement, TID agreed to acquire "all of Palo Alto's remaining 3.352% in the East Block Entitlement Percentage of the capacity and energy of the Project to which Palo Alto is entitled under the Third Phase Agreement on the terms and conditions equivalent to the Transfer Agreement." Under the Transfer Agreement and the 1985 Agreement, Palo Alto is deemed to have transferred to TID a "Permanent Transferred East Block Entitlement Percentage" of 12.316%, which represents Palo Alto's entire interest in the East Block and in Project NO.3. C. The Parties acknowledge that the sum total of the "Permanent Transferred East Block Entitlement Percentages" of Gridley, Palo Alto, and PSREC is 12.661%, they intend to clarify the ownership of RECs associated with Project No.3, and they do not intend to modify any provision of the Transfer Agreement or the 1985 Agreement or establish any firm understanding of any term or condition of either agreement by entering into this Agreement. Agreement: NOW, THEREFORE, the Parties agree, as follows: 1 1. The term "Renewable Energy Certificates" ("RECs") refers to all environmental attributes associated with the production of electricity from a renewable energy resource. Such a resource, to which this Agreement applies, includes both Project No.3 and NCPA Geothermal Project No.2, which are operated as a shared resource (collectively, the "Projects"). 2. NCPA, on behalf of its members, including the Parties to this Agreement, is developing a policy that will govern the protocol applicable to the transfer of RECs associated with the Projects from NCPA to the NCPA project participants. In furtherance of this policy, this Agreement is made solely for the purpose of facilitating the transfer of the RECs that are attributable to the "Permanent Transferred East Block Entitlement Percentages" of Gridley, Palo Alto and PSREC transferred to TID, accruing during 2010 (the "2010 RECs"), which NCPA will transfer to TID. Gridley, Palo Alto and PSREC acknowledge that TID has disclosed its intention to sell all or a portion of the 2010 RECs, and they, Gridley, Palo Alto and PSREC, agree not to take action that will block, restrain, or otherwise impair the transfer of the 2010 RECs from NCPA to TID or take action that will prevent the sale of the 2010 RECs by TID to any third party. 3. This Agreement shall apply only to the 2010 RECs that are being transferred pursuant to Section 2 hereof. Nothing in this Agreement shall be deemed or construed by the Parties to establish the terms and conditions of a binding agreement or understanding between NCPA and its members, including the Parties hereto, with respect to any RECs arising under the Transfer Agreement or the 1985 Agreement for any period after 2010, .or to constitute a waiver of any right or claim of right under the Transfer Agreement or the 1985 Agreement to suchRECs accruing after 2010. 4. TID shall indemnify and hold harmless Gridley, Palo Alto and PSREC, individually and jointly, from any and all claims, suits, liabilities, losses and damages that may arise in connection with the transfer of the 2010 RECs from NCPA to TID or in connection with the sale of such 2010 RECs by TID to any third party. 5. The Parties agree that this Agreement shall not be binding on any Party, unless and until this Agreement is approved by any such Party's governing board to the extent such approval is required by law, custom or practice or by any such Party's otherwise authorized representative. 6. The Parties agree that the normal rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be employed in the interpretation of this Agreement. 7. In the event that an action is brought in connection with any right or obligation arising, directly or indirectly, under this Agreement, the Parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Sacramento, State of California. 2 8. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties by their duly authorized representatives have signed this Agreement as of the Effective Date. Approved as to form TURLOCK IRRIGATION DISTRICT General Counsel . Approved as to form CITY OF GRIDLEY City Attorney I . Approved as to form CITY OF PALO ALTO Senior Asst. City Attorney Approved as to form General Counsel City Manager PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE 3 ATTACHMENT B 651 Commerce Drive Roseville, CA 95678 phone (916) 781-3636 fax (916) 783-7693 web www.ncpa.com Commission Staff Report AGENDA ITEM NO.: I ~ Date: October 21, 2010 To: NCPA Commission Subject: WREGIS Renewable Energy Certificates (REC's) Transfers Background The Western Renewable Energy Information System (WREGIS) is an independent and automated web-based renewable energy registry and tracking system that receives data on renewable energy generation and creates merchantable Renewable Energy Certificates referred to as REC's. NCPA registered to become an account holder with WREGIS on May 13, 2009 and has been registering eligible NCPA generation projects with WREGIS since June 2, 2009. The REC's associated with the output from registered units have been accumulating in NCPA's accounts from the date each generation unit was accepted for registration by WREGIS. NCPA began receiving requests from project participants to transfer WREGIS REC's from NCPA's accounts to a project participant's account beginning around March of 2010. The purpose for a project participant requesting a transfer of a REC from NCPA's account to the project participants account has been to enable a sale of the REC by the project participant to a third party. Prior to receiving a REC transfer from NCPA, project participants must register with . WREGIS to be able to accept the transfer. In order for a project participant to sell a REC to a third party, the project participant must have control or ownership of the REC. This control or ownership of NCPA project REC's is obtained through the process of NCPA electronically transferring a REC from an NCPA WREGIS account to a project participants WREGIS account. To date, NCPA has transferred REC's to only one project participant, SVP. NCPA has received transfer requests from other project participants, however, those requests were subsequently rescinded, either because the anticipated sale of the transferred REC fell through, or the project participant had not yet registered with WREGIS to be able to accept the transfer. In July of 2010, as NCPA was completing its review of the contracts associated withTID's potential exit from the agency, staff became aware of a potential ambiguity as to which project participant was entitled to REC's from the geothermal project and after reviewing the informal process being used for transferring REC's generally, put a hold on all further REC transfers until . entitlement/ownership to a REC was conclusively established and a more formalized process, buttressed with policies, procedures and agreements could be put in place to govern the REC transfers. Subsequent to NCPA placing a hold on all further transfers of REC's, TID sent a letter demanding that NCPA transfer the REC's that TID believes it is entitled to uoder the transfer agreement that it has with certain NCPAmembers in the geothermal project. NCPA is working with TID and the affected geothermal project participants to resolve any ambiguities associated with the question of who is entitled to the REC's under the transfer agreement. Separately, SVP entered into an SR: 214:10 WREGIS Renewable Energy Certificates (REC's) Transfers October 21, 2010 Page 2 agreement for sale of August 2010 REC's prior to the hold being placed on any further transfers of REC's from NCPA to a project participant's account and will need a transfer by December to support the sale that was made prior to the hold being put in place. Issue Several project participants want the ability to sell WREGIS REC's now held by NCPA on project participants behalves; one project participant has sold WREGIS REC's and requires a transfer to . support the sale and at least one project participant is in active negotiations for a sale, and will require a transfer to consummate the sales transaction if executed. To support the project participants that have either entered into a sale, or are in active negotiations to consummate a sale, NCPA is proposing to establish an interim mechanism to allow for the transfer of a limited number of 2010 WREGIS REC's and to develop a permanent mechanism in parallel with the interim mechanism, with approvals for the permanent mechanism occurring at most, two to three months after the interim mechanism. . The interim transfer mechanism would 1) ensure that NCPA is authorized to transfer REC's to the requesting participant, 2) protect the tax exempt status of the project bonds from which the REC is generated, and 3) will incorporate prOVisions to ensure that errors of any kind and adjustments to meter data that will affect entitlements to REC are addressed. The permanent transfer mechanism will build upon the interim agreement and 1) address and resolve all ambiguities associated with the question of which member is entitled to the REC, 2) address right of first refusal issues, 3) ensure that bond counsel recommendations to protect the tax exempt status of the bonds are incorporated into any sales transactions, and 4) will continue to incorporate provisions to ensure that errors of any kind and adjustments to meter data that will affect entitlements to REC are addressed. Discussion A draft Interim REC Transfer Letter Agreement is attached for the commission's approval. A separate agreement between TID and geothermal transfer participants confirming TID's rights to the geothermal REC's will be used for the pu~poses of authorizing NCPA to transfer REC's from an NCPA WREGIS account to a member's WREGIS account only. Any sales of REC's to a third party would be handled exclusively by the member receiving the transfer with no further involvement of NCPA in the commercial terms, conditions or obligations of the sale. If project participants want NCPA to sell REC's on a project participant's behalf, NCPA at some future date, will develop a program (similar to the market purchase program) to provide for this service, but views the development of the interim and permanent transfer mechanisms as the critical path items required to enable immediate REC sales as requested by the memberShip. Fiscal Impact The costs of developing the REC transfer procedures and agreements will be absorbed within the Power Management budget and allocated in accordance with the Power Management cost allocation methodology. The cost of registering eligible generating units has been included in plant budgets and will be allocated based on project participation shares. The transaction costs of effectuating a transfer through WREGIS will be allocated directly to the project participant requesting the transfer. SR: 214:10 "' . WREGIS Renewable Energy Certificates (REC's) Transfers October21,2010 Page 3 Environmental Analysis This activity would not result in a direct or reasonably foreseeable indirect change in the physical environment and is therefore not a "project" for purposes of Section 21065 the California Environmental Quality Act. No environmental review is necessary. Recommendation It is recommended that the Commission, by resolution: 1. Approve the Interim REC transfer Agreement with minor modifications as provided in item 3 below. 2. Authorize NCPA staff to transfer REC's in accordance with project participant requests and direction for the time frame specified in the Interim REC Transfer Agreement. 3. Authorize the General Manager to execute the Interim REC Transfer Agreement with minor modifications as reviewed and deemed acceptable by general counsel. Respectfully submitted, ~&ul~1VlP.. JAMES H. POPE ~ General Manager Attachments (2) \, SR: 214:10 DAVID DOCKHAM .Assistant General Manager, Power Management RESOLUTION 10-94 RESOLUTION OF THE NORTHERN CALIFORNIA POWER AGENCY APPROVING THE WREGIS RENEWABLE ENERGY CERTIFICATES TRANSFERS (reference Staff Report #214:10) WHEREAS, The Western Renewable Energy Information System (WREGIS) is an independent and automated web-:-based renewable energy registry and tracking system that receives data on renewable energy generation and creates merchantable Renewable Energy Certificates (REC's), and WHEREAS, NCPA registered to become an account holder with WREGIS on May 13, 2009 and has been registering generation units with WREGIS since June 2, 2009, and WHEREAS, NCPA has been requested to transfer REC's currently held in NCPA accounts to project participant accounts in order that project participants can retire, transfer, sell or hold the REC's to which they are entitled, and WHEREAS, NCPA is in the process of developing a permanent procedure and transfer agreement that will govern the details associated with transfer of REC's from NCPA to project participants, and WHEREAS, project participants have requested a limited transfer of REe's from NCPA to project participants in order to facilitate a possible sale of REC's before certain anticipated REC values expire, and/or to support a previously executed sale of REC's, prior to the permanent procedure and transfer agreements being finalized, and . WHEREAS, NCPA' and project participants jointly agree that an interim transfer of REC's in accordance with the Interim REC Transfer Agreement is in the mutual best interest of all project participants, and ' , WHEREAS,theenvironmental impact is addressed in Staff Report #214:10; and NOW, THEREFORE BE IT RESOLVED, that the Commission of the Northern California Power Agency; 1. Approves the Interim REC transfer Agreement with minor modifications as provided in item 3 below 2. Authorizes NCPA staff to transfer REC's in accordance with project participant requests and direction for the time frame specified in the Interim REC Transfer Agreement ,3. Authorizes the General Manager to execute the Interim REC Transfer Agreement with minor modifications as reviewed and deemed acceptable by general counsel. PASSED, ADOPTED and APPROVED this 28th day of October 2010, by the following vote on roll call: GARYW. PLASS CHAIRMAN Alameda BART Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Port of Oakland Redding Roseville Santa Clara TID Truckee Donner Ukiah Plumas-Sierra -2- Abstained Absent ATTEST: DENISE DOW ASSISTANT SECRETARY INTERIM AGREEMENT FOR NCPA GEOTHERMAL PROJECTS NUMBERS 2 AND 3 TRANSFERS OF RENEWABLE ENERGY CERTIFICATES Participant: [Insert Participant Name] Period: Entire months of August through December 2010 1. NCPA is in the process of developing a permanent policy regarding the transfer of Renewable Energy Certificates ("RECs") from NCPA projects to project participants. Participant and NCPA agree that the terms and conditions of this interim letter agreement CAgreemenf'} are made solely for the purpose of facilitating the transfer of a limited set of RECs prior to the adoption of a permanent policy and associated 'Permanent Transfer Agreement" regarding the transfer of RECs from NCPA to project participants. The terms and conditions of this Agreement are specific to this Agreement and have no precedential value as to the development of the terms or conditions that are ultimately included in the permanent policy or associated "Permanent Transfer Agreemenf'. , 2. Participant hasa Project Entitlement Percentage of [6.3305%] of the Project Capacity and Energy from NCPA Geothermal Projects Numbers 2 and 3 ("Project"). Project Capacity and Energy includes, butis not limited to, all renewable and environmental attributes associated with the production of electricity from a renewable energy resource, commonly referred to as Renewable Energy Certificates ('HECs"). , 3. Participant hereby requests NCPA and NCPA agrees to electronically transfer into Participant's Western Renewable Energy Generation Information System ("WREGIS") account its pro-rata share, in whole megawatts, based on Project Entitlement Percentage, of the WREGIS certificates attributable to the generation of the Project for the time period specified above. \ 4. Such transfer shall be evidenced by the transfer of the Project RECs as electronically recorded in NCPA'~ "WREGIS" account to the WREGIS account of the Participant. NCPA acknowledges that Participant has provided NCPA with documentation of the Participant's WREGIS account. Should any regulatory or other entity require additional or alternate means to evidence the transfer of the Project RECs to the Participant, NCPA will cooperate to meet that entity's requirements. 5. NCPA agrees that the Participant owns all rights and title to its pro-rata share of Project RECs based on its Project Entitlement Percentage, and such rights and title are transferable and available for resale by the Participant. NCPA further agrees that, unless directed by the Participant in writing, it will not sell to third parties the Participant's pro-rata share of the Project RECs. 6. Participant agrees to pay for its proportionate share of NCPA's costs to carry out NCPA's REC transfer process for the Project (including WREGIS registration fees and certificate transfer costs) for the above time period. 7, Participant agrees to reimburse NCPA for NCPA's reasonable costs to respond to any investigation by WREGIS, CPUC, or any other regulatory or enforcement agency having jurisdiction as to the validity of any transferred Project REC under this letter agreement by NCPA to Participant. If more than J ~ I • r the Participant's Project REC transfers are being investigated, NCPA agrees that all such costs shall be proportionately allocated among the Project REC transfer participants based upon the total number of Project RECs under investigation. 8. Participant agrees to reimburse NCPA for NCPA's reasonable costs of responding to any claim brought by a non-regulatory/non-enforcement third party concerning the Project RECs transferred under this letter agreement from NCPA to Participant. NCPA agrees that the Participant shall be in charge of the defense of any such claim if the Participant so elects. 9. If any Project REC transferred by NCPA to the Participant is. later determined by WREGIS, CPUC, or any other regulatory or enforceable agency having jurisdiction to be invalid or inaccurate for any reason, including, but not limited to, revised meter data, Qualified Reporting Entity ("QRE") errors or WREGIS errors, Participant agrees to remedy the problem at Participant's expense. NCPA agrees that the Participant shall be in charge of remedying the problem if the Participant so elects unless the problem also involves other participants, in which case,the affected participants shall be responsible for remedying the problem. If the invalidity or inaccuracy was caused by an error by NCPA, then NCPA agrees to remedy the problem at NCPA's expense as a Project cost. Costs and losses caused by any error committed by NCPA, net of allY applicable insurance, may be allocated by NCPAto all participants in NCPA's REC transfer process for the Project in the same manner as the costs are allocated to all participants pursuant to Section 6 above. 10. Participant agrees not to transfer, assign, sell or exchange any Project RECs, directly or indirectly, in any manner, and shall not take or permit to be taken any other action or actions, which would result in any of the Project Bonds being treated as an obligation not described in Section 103(a) of the Internal Revenue Code of 1954, as amended, by reason of classification of such Bond as an "industrial development bond" within the meaning of Section 103(b) of said Code. 11. NCPA makes no representations as to whether the Project RECs qualify for or meet any renewable portfolio standards, renewable energy standards, or any other renewable type standard. NCPA is making the Project RECs available AS IS. It is the Participant's responsibility to verify whether the Project RECs will qualify for California, Federal, or other renewable requirements. [end of letter agreement] Interim Agreement for NCPA Geothermal Projects Nos. 2 and 3 For Transfers of Renewable Energy Certificates 10/2010 Page2of2 . 'I ( AGREEHENT FOR IRANSFER OF RIGHTS TO CAPACITY AND ENERGY OF GEOTHER~ll>.L GENERATING PROJECT NUMBER 3 Dated as of October 1, 1984 By and Among City of Biggs City of Gridley City of Healdsburg City of LodL City of Palo Alto City of Roseville City of Ukiah. Plumas-Sierra Rural Electric Cooperative and Turlock Irrigation District section 1. 2. 3. 4. 5. 6. 7. a. . TABLE OF CONTENTS .Title Definitions • • • • • • • II • • • • • • • • • 2 Purpose . . . , . . . . . . . . . . . . • • • 4 Construction and Operation of Proj ect •••• 4 Transfer of Rights to Capacity and Energy of the Proj ect •••••••••••••••• 4 Rates and Charges • .• • • • • • • • • • Annual Budget and Bill in g Statement •• Obligations in the Event of Default under t his Agreement ••••••• •• • • • • Obligations in Event of Default 'under the Third Phase Agreement ••••••••• • • • 5 .' . • 6 • • • 7 • • • 8 9. Transfers, Sales and Assignments of Transferred East Block Entitlement Percentages ••••••••••••••••• 9 Surplus Transferred East Block Entitlement Percentages •••••••••••••••• .10 Direction and Review ••••••••••••• 11 Insurance and Indemnification •••••••• 11 Intention to Amend Third Phase Agreement • •• 11 Term .................. • • • •• 12 Termination and Amendments ••••••••• ..12 Miscellaneous • • • • • • • • • • • • • APPENDIX A -Schedule of Transferring Participants and Transferred East Block • •• 12 Entitlement Percentages •••••••• 1 APPENDIX B -Form of Opinion of Counsel ••••••• 1 -i- AGREEMENT FOR lRANSFER OF RIGHTS 10 CAPACITY AND ENERGY OF GEOTHER!f!AL GENERATING PROJECT NUMBER 3 This Agreement, dated a s of October I!' 1984, by and among the Transferring Participants (capitalized terms used herein shall have the meanings given such terms in Section 1 hereof) and the Turlock Irrigation District, WITNESSETH: WHEREAS, each of the Transferring Participants has entered in t 0 th e Third Phase Agreement with NCPA pursuant to which NCPA' has agreed to provide, and each of the Transferring Participants has agreed to take or cause to be taken, their respective East Block Entitlement Percentages of the capacity and energy of the Project; and, \VHERFAS, the Transferring Participants have determined to tr a nsf era p 0 r t ion 0 f the i r res p e c t i veE as t B I 0 ekE n tit I e men t Percen tages of the capacity and energy of the Proj ect to the District on the tenns and conditions herein contained; and \VHERFAS, NCPA has financed the cost of the Project through the issuance of the following Bonds: $230,000 ,000 aggregate princi- pal amount of its Geothermal Project Number 3 Revenue Bonds, 1983 Series A, $90,00D,OOO aggregate principal amount of its Geothermal Project Number 3 Short Term Commercial Paper Notes, Series A, and $400,000,000 aggregate principal amount of its Geothermal Project Number 3 Revenue Bonds, 1984 Series A, a portion of the proceeds of which were applied to the payment of such Notes; and WHEREAS, the Third Phase Agreement provides that the Transferring Participants are required to make the payments relating to their respective East Block Entitlement Percentages of the capac- it y and energy of the Proj ect specified in the Third Phase Agreement, including payments with respect to Bonds, whether or not the Project is completed, operable, operating or retired and notwithstanding the suspension, interruption, interference, reduction or curtailment of Project output or the capacity and energy contracted for in whole or in part-for any reason whatsoever; and WHEREAS, the District has agreed to acquire the Permanent Transferred East Block Entitlement Percentages of the capacity and· energy of the Proj ect on the terms and condit~ons contained herein, inc Iud i n g the 0 b I i gat ion tom a k epa y m ents wit h res p e c t t 0 s u c h permanent Transferred East Block Entitlement Percentages to the extent that the Transferring Participants are obligated to make -1- . " payments for such rights to capacity and energy of the Project undar the Thi rd Phase Agreement; and WHEREAS, the District has agreed to acquire the Transferred East Block Entitlement Percentages of the capacity and energy of the Proj ect in excess of the Permanent Transferred East Block Entitlement Percentages on the terms and conditions contained herein, including the obligation to make payments with respect to such Transferred East Block Entitlement Percentages to the extent th a t the Transferring Participants are obligated to make payments for such rights to capac- ity and energy of the Project under the Third Phase Agreement; pro- vided that NCPA is able to contractually arran~e for delivery of such capacity and energy to the District on a fum basis, subject to normal transmission emergency outages and curtailment;. and WHEREAS, the transfer to the District of the Transferred East Block Entitlement Percentages of the capacity and energy of the· Proj ect is authorized under the Third Phase Agreement and under the existing Bond Resolutions; NOW THEREFORE, the parties hereto do agree as follows: 1. Definitions. Terms used herein which are defined in the Third Phase Agreement shall have the Same meanings herein as are given such terms in the Third Phase Agreement. In addition, the fol- lowing terms shall, for all purposes of th i s Agreement, have the fol- lowing meanings: (a) "District" means the Turlock Irrigation District. (b) "District Electric System" means all properties and assets, real and personal, tangible and intangible, of the District now or hereafter existing, used or pertaining to the generation, transmission, transformation, distribution and sale of electric capacity and energy, including all additions, extensions, expansions, improvements and betterments thereto and equippings thereof; pro- vided, however, that to the extent the District is not the sole owner of an asset or property or to the extent that an asset or property is used in part for the above described electric purposes, only the District's ownership interest in such asset or property or only the p art of the asset or property. so used for electric purposes shall be considefed to be part of the District Electric System. (c) "District Revenues" means all income, rents, rates, fees, charges, and other moneys derived by the District from the ownership or' operation of the District Electric System, including, without limiting the generality. of the foregoing, (i) all income, rents, rates, fees, charges or other moneys derived from the sal.e, furnishing, and supplying of the electric capacity and energy and -2- other services, facilities, and commodities sold, furnished, or supplied through the facilities of the District Electric System, (Ii) the earnings on and income derived from the investment of such income, rents, rates, fees, charges or other moneys to the extent that the use of such earnings and income is limited by or pursuant to law to the District Electric System and (iii) the proceeds derived by the District directly or indirectly from the sale, lease or other disposition of all or a part of the District Electric System as per- mitted by this Agreement, but the term "District Revenues" shall not inc Iud e (y) c us tom e rs ' d e p 0 sit s 0 r an y 0 the r d e p 0 sit s sub j e c t t 0 refund until such deposits have become the property of the District, or (z) contributions from customers for the payment of costs of con- struction of facilities to serve them. (d) "Permanent Transferred East Block Entitlement Percentage" means, as of any date of determination and with respect to each Transferring Participant, such Transferring Participant's East Block Entitlement Percentage of the capacity and energy of the Project identified in Appendix A, as being the permanently trans- ferred portion of such Transferring Participant's East Block Entitlement Percentage, as such Appendix A shall be amended from time tot i m e ina c cor dan c e wit h Sec t ion s 8 {a ) an d 1 3 her e 0 f. (e) 'Third Phase Agreement" means the "Agreement for Construction, Operation and Financing of Geothermal Generating Project Number 3" dated as of July I" 1983, by and among NCPA and the Project Participants, as amended and supplemented. (f) "Transferred East Block Entitlement Percentages" means, as of any date of determination and with respect to each Transferring P arti cip an t, such Trans ferring P arti c i p an t' s East Block Entitlement Percentage of the capacity and energy of the Project identified and set forth opposite the name of such Transferring Participant in Appendix A hereto, as such Appendix A shall be amended from time to time in accordance with Sections 8 (a) and 13 hereof; provided, how- ever, that, except for increases pursuant to Section 8(a) of this Agreement, the term "Transferred E as t Block Entitlement Percentages" s hall not include any capacity and energy of the Proj ect in excess of 9.309 percent if NCPA is unable to contractually arrange fo r delivery of such capacity and energy to the District on a firm basis subject to norm al tr an s m iss ion emergency outages and c urtailmen t. The Transfe'rring Participants shall direct NCPA to provide support ser- vices at cost to the District at the District's request during any such outages or curtailment. If the Transferred East Block Entitlement Percentages are less than that set forth in Appendix A hereto because of NCPA's inability to contractually arrange for transmission service, each of the Transferring Participants' . Transferred East Block Entitlement Percentages shall be reduced .PX..Q. .r..a.t.a. or a s otherwise agreed by the Trans ferring P arti c ip ants. -3- (g) "Transferring Participants" means those Project Participants executing th i s Agreement. 2. Purpose. The purpose of t his Agreement is to provide 'for the transfer of a portion of the Transferring Participants" East Block Entitlement Percentages of the capacity and energy of the Project to the District and to establish the terms and conditions of such transfer. 3. Construction and Operation of Project. The District acknowledges that, pursuant to the Third Phase Agreement,' NCPA has agreed to use its best efforts to cause or accomplish the construc- tion, operation and financing of the Project, the obtaining of all necessary authority and rights, and the performance of all things necessary and convenient therefor. The District will cooperate wit h NCPA to that end. The District hereby consents to the pledge and assignment to NCPA, and to any Trustee for any Bonds, of all of each Transferring Participant's right, title and interest in, to and under th i s Agreement, including a 11 or any portion of the payments received or to be received hereunder from the District. Upon notice from a Transferring Participant, NCPA or any Trustee who is an assignee of such rights, the District shall make payments due by it hereunder directly to any such Trustee. Such pledge and assignment shall be made effective for such time as the assigning Trensferring Participant shall determine and provide or as to assignments made by NCPA, as NCPA s hall determ ine and provide. 4. Transfer of Rights to Capacity and Energy of the Proj ect. (a) Subject to the terms and conditions of this Agreement, each Transferring Participant hereby sells, transfers, assigns and conveys, and the District hereby accepts and agrees to take, or cause to be taken, each Transferring Participant's Transferred East Block Entitlement Percentage to the capacity and energy of the Project. (b) Each Transferring Participant shall direct NCPA to deliver such Transferring Participant's Transferred East Block Entitlement Percentage to or for the District, subject to the terms of this",Agreement and the Third Phase Agreement. Such delivery shall be at points mutually agreed upon by NCPA and the District. Such agreement shall not be unreasonably withheld by the District and each Transferring Participant wi II direct that such agreement is not unreasonably. withheld by NCPA. The Transferring Participants shall direct NCPA to remain available to make or cause to be made all necessary and possible arrangements for transmission and support of the Transferred East Block Entitlement Percentages to such points -4- over the lines of NCPA or others. Wheeling or delivery services provided by NCPA for the District with respect to capacity and energy sales related to the Transferred East Block Entitlement Percentages shall be as provided in service schedules as provided in Article III of the Hember Service Agreement with respect to the Transferring Participants and each Transferring Participant wi Ii direct NCPA to remain available to make or cause to be made all necessary and possi.,.. ble arrangements for transmission and support to the District of its Transferred East Block Entitlement Percentages relating to such capacity and energy sal e s. 5.. Rates and Charges. (a) The District shall pay for the Transferred East Block Entitlement Percentages acquired by it pursu- ant tot his Agreement, in accordance with the provisions of Section 6 hereof, such amounts as the Transferring Participants are obligated to pay with respect to the Transferred East Block Entitlement Percentages under the Third Phase Agreement. In the event any Transferring Participant pays any amount under the Third Phase Agreement with respect to the Transferred East Block Entitlement Percentages, the District shall repay such amounts to the Transferring Participant, together with interest thereon from the date of payment, to the extent permitted by law, at an annual rate to be established by the Commission of NCPA at the time of the adoption of the then most recent annual budget. (b) The District shall make payments under this Agreement solely from the District Revenues and asan operating expense of the District Electric System. Nothing herein shall be construed as pro- hi biting th e District from using any other funds and revenues fo r purposes of satisfying any provisions of this Agreement. , (c) The District shall make payments under this Agreement whether or not the Project is completed, operable, operating or retired and notwithstanding the suspension, interruption, interfer- ence, reduction or curtailment of Project output or the capacity and energy contracted for in whole or in part for any reason whatsoever. Such payments are not subject to any reduction, whether by offset or otherwise, and are not conditioned upon performance by NCPA or any Project Participant, including any Transferring Participant, under this Agreement, the Third Phase Agreement or any other agreement. .. (d) The District covenants and agrees to establish and col- lect fees and charges for electric capacity and energy furnished through facilities of the District Electric System sufficient to pro- vide District Revenues adequate to meet its obligations under this· Agreement and to pay any and a 11 other mounts payable from or con- stituting a charge or lien upon any Or all the District Revenues. (e) The District covenants and agrees that it shall, at all times, operate the properties of the District Electric System, and the business in connection therewith, in an efficient manner and at -5- reasonable co st and s hall maintain the Dis tric t Electric System in good repair, working order and condition. (f) With regard to any capacity and energy of the Project in excess of the Permanent Transferred East Block Entitlement Percentages, notwithstanding the District's obligation under Section 5 (a) hereof, the District shall not be required to pay the costs of any capital additions to the Project which are not necessary to pro- .vide such capacity and energy to the District. To the extent not included in amounts due under Section 5 (a) hereof, the District agrees to pay an equitable share of the costs of any capital addi- tions to the Project which are necessary to provide capacity and energy in excess of the Permanent Transferred East Block Entitlement Percentages to the District. 6. Annual Budget and Billing Statement. The Transferring Participants and the District acknowledge that the Third Phase Agreement provides that, prior to the beginning of each NCPA . fiscal year, the Commission of NCPA will adopt an annual budget for such fiscal year €or costs and expenses relating to the Project and shall promptly give notice to each Project Participant of its projected share of such costs and expenses. E a c h T ran s fer r i n g Par tic i pan t w i I I d ire c t N CP A tog i v e notice to the District of the projected share of such costs and expenses related to the Transferred East Block Entitlement Percentages and to prepare a bill in g statement, based on estimates, to be sent to the District not later than the fifteenth (15th) day of each calendar month showing the amount payable by the District of costs payable under Section Sea) of this Agreement by the District for the second succeeding calendar month, and the amount of any cred- its or debits as a result of any appropriate adjustments. Amounts shown on the billing statement are due and payable thirty (30) days after the date of the billing statement. Any amount due and not paid by th e District within th i rty (30) days after the date of the bill i ng statement shall bear interest from the due date until paid a t an annual rate to be established by the Commission of NCPA at the time of adoption of the then most recent annual budget. 01 or before the day five (5) calendar months after the end of each NCPA fiscal year, the Transferring Participants shall direct NCPA to"submit to the District a statement of the aggregate monthly costs of the Transferred East Block Entitlement Percentages for such fi s c al year. If the actual aggregate monthly costs and other amounts payable for any fiscal year with respect to the Transferred East Block En titlemen t Percentages exceed the bill in g s to the District, the deficiency shall be added to the District's immediately succeed- ing billing statement. If the actual aggregate monthly costs and the District!s obligations with respect to the Transferred East Block Entitlement Percentages, and any adjustment of or credit to the District!s obligations with respect to the Transferred East Block -6- , .. Entitlement Percentages or other amounts payable for any fiscal year, are less than the billings to the District, such excess shall be credited~to the District's billing statement for such period (not to exceed the immediately succeeding six months) and in such amounts as shall be determined by NCPA. If the District questions or disputes the correctness of any billing statement by NCPA, it shall pay the amount claimed when due and shall within thirty (30) days of the receipt of such billing statement request an explanation from NCPA. If the bill is deter- mined to be incorrect, the Transferring Participants shall direct NCPA to issue a corrected bill and refund any amount which may be due the District, which refund shall bear interest from the date NCPA received payment until the date of the refund a t an annual rate to be established by the Commission of NCPA a t the time of adoption of the then most recent annual budget. If NCPA and the District fa i Ito agree on the correctness of a bill within thirty (30) days after the District has requested an explanation, the District agrees to, and the'Transferring Participants shall cause NCPA to, promptly submit the di s pu te to arb i tr at ion under section 1280 .e.t..aeg. of the Code of Civil Procedure. 7. Obligations in the Event of Default under this Agreement. (a) Upon fa i 1 u r e of the District to make any payment in full when due under this Agreement, NCPA or a Transferring Participant shall make written demand upon the District, and if said failure is not remedied within thirty (30), days from the date of such demand, such fa i 1 u res hall constitute a defaul ta t the exp ira tion of such period. Notice of such demand shall be provided to NCPA and to each other Transferring Participant by the Transferring Participant making such written demand. (b) Upon the failure of the District to make any payment, which failure constitutes a default under this Agreement, the Transferring Participants shall cause NCPA to sell and transfer for the District's account all or a portion of the District's rights to the Transferred East Block Entitlement Percentages for all or a por- tion of the remainder of the term of this Agreement, including, if so directed by the Transferring participants, such a sale to any or a II of the Transferring' Participants .. The Transferring Participants shall not permit NCPA to sell such rights to the Transferred East Block Entitlement Percentages, directly or indirectly, in any manner, and s h a II not take or permit to be taken any other action or actions, which would result in any of the Bonds being treated as an obligation not described in Section 103 (a) of the Internal Revenue Code of' 1954, as amended, by reason of classification of such Bond as an "industrial developnent bond" within the meaning of Section 103(b) of said Code. Notwithstanding that all or any portion of the District's. rights to the Transferred East Block Entitlement Percentages is so sold or transferred, the District shall remain liable to pay the full amount of its obligations under Section 5 hereof as if such sale or -7- \ . [ ~ transfer had not been made, except that such liability shall be discharged to the extent that NCPA shall receive payment from the purchaser or transferee thereof. (c) Upon the failure of the District to make any payment which failure constitutes a default under this Agreement and causes NCPA to be in default under the Steam Sales Agreement, the Project No. 2 Steam Sales Agreement or any Bond Resolution, the Transferring Participants may (in addition to the remedy provided by subsection tb) of this Section 7) terminate the provisions of this Agreement ins 0 far a s the sam e e n t i t1 e the Dis t ric t t 0 its ri g h t s tot h e Transferred E as t Block Entitlement Percentages. Irrespective of I such termination, the obligations of the District under this Agreement shall continue in full force and effect. (d) If NCPA fails to act in accordance with the direction of the Transferring Participants, the Transferring Participants shall con sen t tot h e Dis t ri c tin i t i at i n g an d m a i n t a i n in gas u it d ire c t1 y agains t NCPA to enforce t his Agreement. 8. Obligations in Event of Default u:x1Er the Tbird Phase Agreement. (a) To the extent that any Transferring Participant's East Block En ti tlem ent Percentage is increased pursuant to Section 7 (d) of the Third Phase Agreement, such Transferring Participant's Permanent Transferred East Block Entitlement Percentage transferred to the Dis tri c thereunder s hall be increased by the amount of each increase in th e Transferring Part i c ip an t' sEa s t Block Entitlement Percentage multiplied by a fraction the numerator of which is such Transferring P artic ip an t' s Permanent Transferred East Block Entitlement Percentage and the denominator of which is the Transferring Participant's East Block Entitlement Percentage each determined as of the time immedi- ately prior to such increase; provided, however, that the sum of such increases for the District shall not exceed, without written consent of the Dis t ric t, an accumulated maximum of 25% of th e aggre ga te amount of the Permanent Transferred East Block Entitlement Percentages transferred hereby, as initially set forth in Appendix A. (b) The Third Phase Agreement provides that if a Project Participant shall fail or refuse to pay any amounts due to NPPA, the fact that the other Project Participants have increased their obliga- tion to NCPA pursuant to Section 7 of the Third Phase Agreement shall not relieve the defaulting Project Participant of its liability under the Third Phase Agreement and that the nondefaulting Project participants may recover from such defaulting Project Participant any increased obligations resulting from such default. Each Transferring participant hereby assigns to the District all of its right of recovery from a defaulting Project Participant with respect to its Transferred East Block Entitlement Percentage to the extent of any · , increase in the District's obligations hereunder caused by the defaulting Project Participant. (c) If the Transferring Participants' rights under this Agreement are assigned to NCPA or a Trustee for any Bonds, NCPA, or to the extent provided in the related Bond Resolution, such Trustee, shall have the right to initiate and maintain suit to enforce this Agreement. 9. Transfers, Sales and Assignments of Transferred East Block Entitlement Percentages. The District has fu 11 and unfet- tered rights to make sales, transfers and exchanges (collectively "assignm ents") of its r i gh t s to Tran s ferred East B lock Entitlement Percentages except as expressly provided otherwise in th i s Agreement. (a) The District shall not assign ownership of all or sub- stantially all of the District Electric System to another entity until it has first complied with the provisions of this subsection (a). A consolidation with another governmental entity or change in governmental form is not deemed a transfer of ownership. (1) Such disposition or assignment shall be under terms and conditions that provide assurance that the obli- gations of the Dis tr i c t under this Agreement, and that the Transferring Participants' obligations under the Third Phase Agreement and under other agreements made or-to be made by the Transferring Participants to carry out the Proj ect, as the same relate to the Transferred East Block Entitlement Percentages will be promptly and adequately met. The Transferring Participants or NCPA may require that sufficient moneys of the District to discharge such obligations be irrevocably set aside and maintained. in a trust account, as a condition to the transfer of the District Electric System, if no other adequate assurance is avai lable. (2) The District shall give ninety (90) days advance written notice to the Transferring Participants and NCPA of any proposed transfer pursuant to this subsection (a). Appendix A tot his Agreement shall be amended as appropri- ate'to reflect any transaction pursuant to this subsection (a) • (b) Notwithstanding any other provision of this Agreement, the District shall not assign, sellr transfer or exchange any portion of its rights to Transferred East Block Entitlement Percentages, directly or indirectly, in any manner, 'and shall not take or permit to be taken any other action or actions, which would result in any of the Bon d s b e i n g t rea ted a s a.n 0 b 1 i gat ion not des c rib e din Section l03(a) of the Internal Revenue Code of 1954, as amended, by -9- reason of classification of such Bond as an "industrial developnent bond" within the meaning of Section 103 (b) of said Code. 1 O. Surplus Transferred East Block Entitlement Percentages. (a) When NCPA offers surplus capacity and energy of the Project to the Transferring Participants as provided in the Third Phase Agreement, the Transferring Participants shall, if directed by the District to do so, take and sell to the District such surplus capacity and energy. In the event there are ~more requests for sur- plus than there is surplus available, each Transferring Participant shall offer the District a portion of such surplus capacity and energy equal to the surplus capacity and energy offered to such Transferring Participant multiplied by a fraction the numerator of which is such Transferring Participant's Transferred East Block Entitlement Percentage and the denominator of which is the Transferring Participant's East Block Entitlement Percentage each determined as of the time such offer of surplus capacity and energy is made. . (b) When the District has surplus rights to capacity and energy of the Project, the Transferring Participants shall direct NCPA, if requested by the District to do so, to sell such surplus rights to Transferred East Block Entitlement Percentages on behalf of the District in the following manner: (Ii NCPA shall use its best efforts to sell such surplus rights to Transferred East Block Entitlement Percentages at a price at least equal to the District's cost therefor. (2) Transferring Participants shall have a right of first refusal, other Project Participants shall have the right of second refusal, and other NCPA members shall have the right of third refusal, at the sales prices set forth in subsections (c) and (d) of this Section 10. (3) If NCPA can purchase equivalent capacity and/or energy from other sources for less than the District's cost for ,capacity and/or energy from the Project, as the case may' be, the sales price of such capacity and/or energy to a Transferring Participant, Project Participant orNCPA member shall be equal to the cost of purchasing the capac- i ty and/or energy from such other source. (4) If the alternative cost of purchasing capacity and/or energy for Transferring Participants, Project Participants or members of NCPA is more than the District's cost for capacity and/or energy from the Project, then the sales price shall be the District's cost from the Project . -10- plus one-half the difference between the District's cost from the Proj ect and the cost of capacity andlor energy from such alternative source. ( 5 ) N CPA s h a II not s e I I s u c h rig h t s toT ran s fer red East Block Entitlement Percentages, directly or indirectly, in any manner, and shall not take or pemit to be taken any other action or actions, which would result in any of the Bonds being treated as an obligation not described in Section 103 (a) of the Internal Revenue Code of 1954, as amended, by reason of classification of such Bond as an "industrial development bond" within the meaning of Section 103 (b) of said Code. 11. Direction and Review. A II directions to NCPA with respect to the Proj ect and all meetings of NCPA in connection there- with s h a II be as provided in Section 11 of the Third Phase Agreement and for such purposes, the Transferring Participants agree that the District may vote at meetings of the Project Participants pursuant to Section 11 of the Third Phase Agreement as if it had the East Block Entitlement Percentage equal to the Transferred East Block Entitlement Percentages, and the voting rights of the Transferring Participants shall be reduced accordingly, unless the Project Participants agree at such meeting that voting will be on a one member one vote basis, with a majority vote· of those present required for action, in which case the District shall be entitled to one vote; provided that the Transferring Participants shall not agree that voting shall be on a one member one vote basis unless the District directs the Transferring Participants to do so. 12. Ins u ran c e and In d e m n i fi c at ion. The T ran s fer r i n g P arti cip an ts s h a II indemnify and hold harmless the District from any liability for personal injury or property damage resulting from any accident or occurrence arising out of or in any way related to the construction or operation o£ the Project, provided, however, that such liability of the Transferring Participants shall be limited to the extent the proceeds of insurance and other moneys available to the Transferring Participants under Section 10 of the Third Phase Agreement are available therefor. 13. Intention to Amend Third Phase Agreement. It i s the intention of the parties to this Agreement that the Third Phase Agreement shall be amended to include the District as a Project Participant and to amend the East Bock Entitlement Percentages to grant the District an East Block Entitlement Percentage equal to the Permanent Transferred East Block Entitlement Percentages, if and to the extent permitted thereunder and under any Bond Resolution. In the event of such amendment of the Third Phase Agreement, unless oth- erwise agreed to among the parties hereto, this Agreement shall remain in full force and effect but shall be construed to apply only to the Transferred East Block Entitlement Percentages in excess of -11- the Permanent Transferred East Block Entitlement Percentages from the effective date of such amendment of the Third Phase Agreement. 14. Term. (a) This Agreement shall become effective for a 11 purposes upon the ex ecuti on hereof by the Dis tdc t and th e Transferring Participants and delivery to the Transferring Participants of an opinion of an attorney or firm of attorneys acting as counsel to the District in substantially the form attached hereto as Appendix B. (b) The term of this Agreement shall continue until the termination of th e Third Phase Agreement. 15. Termination and Amendments. This Agreement shall not be subject to termination by any party under any circumstances, whether based upon the default of any other party under this Agreement, or any other instrument, or otherwise, except as specifi- c ally provided herein. 16. Miscellaneous. The headings of the sections hereof are inserted for convenience only and shall not be deemed a part of t his Agreement. If anyone or more of the covenants or agreements prwided in this Agreement to be perfontled should be determined to be invalid or contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. " -12- IN WITNESS h~EREDF each Transferring Participant has ex-- cuteo t his Agteenent bS its duly authorized officers, a..'id caused its official seal to be affixed hereto, and the District has executed this ]:.greernent in accoroance with the authorization of its Board as of the cate fi r s t above written. CITY OF BIGGS By An~d-.------~------------- [SEAL] CITY OF GRIDLEY By ... _ }~d_. ____________________ __ [SEAL) HEALDSBURG By~ __________________ _ And __ ..--__ ~--__ ---------- {SEAL] CITY OF LOPI BY~ __ . __ .~ _______ ~ ______ __ ArdJ __ ~ ATTEST: +:-~~. L 4/1£!1.+<~ of at i'T¥ies / [SEAL] CITY OF R'SEVILLE Bv __________ . __ And _____________________ _ [SEAL] CITY OF UXIAH By ____________________ _ And~ __________________ _ {SEAL] PLUMAS-SIERRA RURAL ELECTIU C 'COOPERATIVE By-..,. ____________________ _ Arid ..... _____ -_____ _ APPENOIX A SCHF.')ULE Or TRA"ISF!;::l!UHG PARTICIPANTS AND TR~NSFE~REO ~AST ~l~CK !NTlrLEHENT PERCENTAGES (From 1985 to End of Prolect Llfl!~. 2001 TO 1?3S 1986 1987 19S5 1981 19QO 1991· 1992 1993 1994 1~95 1996 1997 1998 1999 2000 LIFE' He"3!~ _1:1 __ .IZ1. __ ,;1. __ i~l ___ ill. _.JI1 .•• 111 ___ lll. __ 1~1 __ .lX1 ___ Ill. __ ill. __ 1Xl ••. 111_ ~_111 ___ lI1 ___ '~1. ALAHEOA 0.000 0.330 O.(lIJO 0.000 0.300 '0.000 0.000 0.000 0.000 0.000 0.0'00 0.000 0.000 0.000 0.000 0.000 0.000 atGGS 0.:>0:) 0.111 o.l1a ;).llS 0.118 0.236 0.236 O.ZH 0.236 0.236 0.236 0.209 0.209 0.20.9 0.209 0.209 0.000 GRIDl!l.Y 0.113 0.221 :>.221 u.227 5.227 c.ns 0.345 0.34$ 0.30\5 O.H5 O.H5 0.318 0.316 0.318 0.3[8 Q.31S 0.118 HEAL:lSaUl'!Q 0 • .:l00 0.321 0.327 ').827 0.827 1.5~S 1.H5 1.645 1.645 1.6~5 1.645 1.455 1.455 1045$ 1.455 1.455 0.000 LOot 0.000 0.173 0.773 ;i. 773 0.773 1.555 1.555 1.555 1.555 1.SSS 1.SSS 0.b36 0.636 0.636 0.636 0.636 0.006 t. Ol1Pt)~ 0.00;) 0.353 a .010 0.000 O. 000 0.009 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.1) on PALO ALTJ 8.?64 1.12:7 9dH 7.127 9.127 12.316 12.316 12.:310 12.316 12.316 12.316 12.J16 12.3H 12.316 12.31/0 12.316 a.9.H PLUMAS-SZE:"aA Ihl21 (l.4H 0.464 :J.46~ 0.·H,4 0.700 0.700 0.700 0,700 0.700 0.700 0.645 0.645 0.1>45 0.645 0.645 0.221 .R1lSaVlU.= O.:lO~ ~.127 5.727 5.727 5.721 B.421 8.421 ~.421 11''''27 S.H7 !104'Z7 T.aO'/' 7.809 7.509 7.809 7.B090.000 UKIAH ~~Jgn .1&JSS _l~J~5 _1.355 _l~JSS _Z&lJO _Z~I~n _z.ZGn _Z~IQQ ~Z~!Qn _~.raQ .'LiUG _'L~QO _Z~iQQ _Z~iQU _Z~~QU Q~gUQ TOTAL AT ?LlNT • Tr .. "sferr~:t tu tr.~ District 'h309 1'1.61818.61& is.f;1S Uh61B 27 .• 921. 27.924 27.924 27.924-27.924 27.92425.788 ZS.788 25.78825.788 25.78B 9.309 RESOLUTION NO. 6353 RESOLUTION OF 1HE COUNCIL OF THE CITY OF PALO AL10 APPROVING AGREEMENT FOR 1RANSFER OF RIGHTS 10 CAPACITY AND ENERGY 0 F GEOTHERMAL GENERATING PROJECT NUMBER 3 TO TURLOCK IRRIGATION DISTRICT WHER.eAS, the City of Palo Alto is a party to the "Agreement for Constriction, Operation and Financing of Geothermal Generating Project Number 3, dated as of July I, 198311 ( by and among NCPA and various Project Participants, as amended and supplemented, hereinafter referred to as the "Third Phase Agreement"; and WHE.REAS, Palo A I to desires to transfer a portion of its East Block Entitlement Percentage of the capacity and energy of the Project under the Third Phase Agreement to the Turlock Irrigation District; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The "Agreement for Transfer of Rights to Capacity and Energy of Geothermal Generating Project Number 3, dated as of October 1,1984, By and Among the City of Biggs, City of Gridley, City of H~aldsburg, City of Lodi, City of Palo Alto, City of Roseville, City of Ukiah, Plumas-Sierra Rural Electric Cooperative, and Turlock Irrigation District" is hereby approved. SECTION 2. The Mayor and City Manager are hereby authorized to execute t e same on behalf of the City of Palo Alto. SECTION 3. The Council ±inds and determines that none of the provisions of this resolution will have any significant environmental effect. INTRODUCED AND PASSED: February 25, 1985 AYES': Bechtel, Cobb, Fl etcher, Klein, Levy, Renzel, Sutorius, Witherspoon, 1.40011 ey NOES: None ABS1ENTIONS: None ABSENT: None City Attorney '-. ~'7 ___ 'f .... . -' Dlr~ctor of ''Finance THE FOREGOING DOCUMEN'I' " tmlFIf1J ro BE ;i.' cotmEcr CJ:P{ OF ntE ,ORIG11W: N FILElN THIS OFFICE. ' , . 'I:. HN J. TANNER ;...lTV CL~R lTV OF .W ~\ ~ I BY ,~ ........ • "I • DATED: ,'~ . ~. ~ r .... , \ . /f .' I .<; ,J " 1;1 E' C!;'" I v ATTACHMENT n A G R E E MEN T ." ,.... ... /):,,/",...1 : J J" 2 .:;-~:. . ," ~ . :'; ....... ~ ~ '" '" I _" I~ .. / :r: . MCDONOUGH' L:1 \ f.,./ BETWEEN THE TURLOCK IRRIGATION D1 AND THE CITY OF PALO ALTO ... " 1\ . \ ''';JAr'l 2 2 198~ \.~ This Ag~eement is made and entered into this 30th day of December, 1985, between the Turlock Irrigation District and the City H.A. FONTES of Palo A 1 to. ",,/ '. ( 11 ...; • / .. //. '-'-!.. i·' WHERSAS, the City of Palo Alto (PALO ALTO) and the Turlock I":'~i'-' Irrigation District (TURLOCK) are parties to that certain agreement i,!,:..:.J dated as of October 1, 1984, entitled "Agreement for Transfer of ~.,r Rights to Capacity and Energy of Geothermal Generating Project No. 3," ~-'" "" hereafter referred to as the uTransfer Agreement'·; and (,i .. '':'':/'i' WHE~EAS, pursuant to said agreement, TURLOCK has agreed to pur-/1 chase a portion of the rights of Paio Alto to capacity and energy under the "~gr2ement for Constru~tion, Operation, and Financing of Geothermal Generating Project No.3," dated as of July 1, 1983, by and among the Northern California Power Agency (NC?A) and the project par- ticipants, one of '~hom;s PALO ALTO, as such Agreei:'lent may be amended and supplemented, hereinafter reiar'l"ea to as the "Third Phasa Agree- ment"; and WHE~:AS, TUR~OCK desires to acquire and PALO ALTO wishes to transfer its remaining 3.352% interest in the East Block Entitlement Percentage of Project capacity and energy under said Third Phase Agreen:ent; and NOW, THEREFCRE, the parties hereto agree as follows: S~CTION 1. Terms used herein which are defined in the Transfer Agreement or the Third Phase Agreement shall have the same meanings herein as are given such terms in those agreements. SECTION 2. TURLOCK hereby offers to acquire from PALO ALTO all of PALO ALTOls remaining 3.352% interest in the East Block Entitlement Percentage of the capacity and energy of the Project to which PALO ALTO is entitled under the Third Phase Agreement on terms and condi- tiar.s aquiva1 cnt to the Transfer Agreement. SECTION 3. Subject to acceptance by PALO ALTO the parties intend that or. January i, 1986,01'" the com.l1ercial operation date of the first unit of Geothermal Generati~g Project No.3, whichever is sooner, TURLOCK will be de~med to have a Permanent iransfarred East aloc~ Entitlement Percentage from PALO'ALTO of an additional 3.352% I~hich together with the prior transfer to TURLOCK by PALO ALTO of 8.964% shall constitute a transfer to TUR~OCK of PALO ALTO's entire original East Block Entitlement "?ercentage. \ . '. ' ... ;. .. ::., .. -.......... _----------.---------.-------...-,-.--..... .,..."....,....~----.... ... ----.--~....., ............. """":"'".....,........ -~ ~.' " .,. , . SECTION 4. The parties agree to undertake w.hatever steps and to execute whatever documents, including but not limited to an amendment to the Transfer Agreement, they deem legally necessary and advisable to perfect the transfer of East BlocK Entitlement Percentage in a manner which is mutually agreeable. 'This Agreement shall not increase or decrease the Transferred East Block Entitlement Percentage of any Transferring Participant other than PALO ALTO as set forth in Appendix A to the Transfer Agreement • . SECTION 5. In the interimt after January 1, 1986 or the cammer .. cial operation date of the first unit of Geothermal Generating Project No.3, whichever' is sooner, NCPA is directed by both TURLOCK and PALO ALTO to treat, schedu1e, budget and prepare billings for PALO ALTO's remaining East Slock Entitlement ?ercentage of 3.352% as though it were a Permanent Transferred East Block Entitlement Percentage of TURLOCK pursuant to the Transfer Agreement, provided that NC?A is not required to do anything inconsistent with its obligations pursuant to the definition of "Transferred East Block Entitlement Percentages" contained in the Transfer Agreement. SECTION 5. This offer shall remain open until its acceptance by PALO ALTO or its prior written revocation by TURLOCK actually received by PALO ALTO. TURLOCK IRRIGATION DISTRICT ". 4 .. ." This offer is hereby acc2?ted by the City Gf Pa10 Alto and shall be deemed effective as of the date and year above written. I ' , ATTESi: I , ... CITY OF PALO ALTO , . " , APPROVED AS TO FORM: Senior ;Assistant City Attorney APPROVED: tHrec tor of 'Ut iIi 1;A'es / ',' '--------, .-----....--------~---......--.... --------. ... ~ ..... -, "." ..... -..... TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: LIBRARY DATE: DECEMBER 13, 2010 CMR: 428:10 REPORT TYPE: CONSENT SUBJECT: Adoption of an Ordinance Amending the Budget for Fiscal Year 2011 to Accept a Donation in the Amount of $275,000 from the Palo Alto Library Foundation; Establish Capital Improvement Program Project Number LB-11000, Furniture and Technology for Library Measure N Projects; and Provide an Appropriation in the Amount of $275,000 to CIP Project LB-llOOO RECOMMENDATION Staff recommends City Council approve a Budget Amendment Ordinance (BAO) in the amount of $275,000, a gift from the Palo Alto Library Foundation (PALF). Staff further recommends a new CIP project be established to appropriate this amount to the purchase of furniture, equipment and technology for library Measure N building projects. This CIP project will be fully funded from gifts received by the Palo Alto Library Foundation or other donors, and, if needed, supplemented with library development impact fees and community center development impact fees. BACKGROUND On November 4,2008, Palo Alto voters passed Measure N, authorizing the issuance of up to $76 million in general obligation (GO) bonds, to fund library and community center capital improvements. The proceeds from the GO bond authorized by the measure will be used to construct a new Mitchell Park Library and Community Center, expand and renovate Main Library, and renovate Downtown Library. By state law, proceeds of a GO bond cannot be used to purchase non-capital furniture, equipment, and fixtures (FF&E) for the facilities. In 2008, Group 4 Architecture, the firm hired by the City to design the bond measure projects, estimated these costs at $4.3 million for the three improved facilities. The Palo Alto Library Foundation, a 50lc (3) nonprofit organization, was founded in 2001 to provide financial support to the Palo Alto City Library. PALF, along with the Friends of the Palo Alto Library, have been strong partners for the City, with records of success in financial CMR: 428:10. Page 1 of3 ! J I I I support of the library system. P ALF raised over $1 million in private donations to rebuild and furnish the Children's Library, which was reopened in 2007. Following the passage of Measure N, the Board of Directors of PALF agreed to undertake a campaign to fund. the needed furniture and technology for the library and community center projects. The fundraising goal is $5 million which includes Group 4's estimate plus $0.7 million for associated costs and contingencies. DISCUSSION P ALF plans to collect the donations made to its fundraising campaign and tum the proceeds over to the City in three or more gifts. The gifts will be timed to make the funds available as furniture and technology are needed for the individual building projects. The first gift of $275,000 was presented at the September 6, 2010 City Council meeting, and will be used to fully fund all required furniture and technology needs at Downtown Library. This is the first Measure N library branch to be renovated and has an anticipated completion date of June 2011. Revenue for the CIP in FY 2012 and 2013 will fund FF&E for the new Mitchell Park Library/Community Center and renovated Main Library. Revenue will be funded through gifts and, if needed, with library development impact fees and community center development impact fees. The gifts are critical to the completion of the library and community center upgrades as the City's General Fund currently does not have the capadty to support the needed furniture and technology purchases. RESOURCE IMPACT Furniture, equipment and technology purchases will be fully funded through gifts, and if necessary, supplemented with library development impact fees and community center development impact fees. As of June 30, 2010, $519,727 is available in library development fees and $258,000 in community center impact fees, which may be added as necessary to fund the CIP for appropriate expenses. If the development impact fees are used, the balances will drop in accordance with corresponding expenses. Maintenance and replacement expenses resulting from the furniture, equipment and technology purchases will have to be funded by the General Fund. Staff is working to identify funding plans for these items. POLICY IMPLICATIONS This report does not represent any change to existing City policies. ENVIRONMENTAL REVIEW . The recommendation in this report does not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Budget Amendment Ordinance Attachment B: CIP LB-ll 000 Furniture and Technology for Library Measure N Projects CMR: 428:10 Page 2 of3 PREPARED BY: DEPARTMENT HEAD APPROV AL: CITY MANAGER APPROVAL: CMR: 428:10 SUSAN BODENLOS Management Assistant DHIMMEL Interim Library Director JAME ENE City~er . 0 Page 3 of3 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2011 TO ACCEPT A DONATION IN THE AMOUNT OF $275,000 FROM THE PALO ALTO LIBRARY FOUNDATIONj ESTABLISH CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER LB- 11000, FURNITURE AND TECHNOLOGY FOR MEASURE N PROJECTS; AND PROVIDE AN APPROPRIATION IN THE AMOUNT OF $275,000 TO CIP PROJECT LB-ll000 The Council of the City of Palo Alto does ordain as follows: =======-=' The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 Article III of the Charter of the City of Palo Alto, the Council on June 28, 2010 did adopt a budget for fiscal year 2011; and B. On November 4, 2008, Palo Alto voters passed Measure N, authorizing the issuance of up to $76 million in general obligation (GO) bonds, to fund library and community center capital improvements. The proceeds from the GO bond authorized by the measure will be used to construct a new Mitchell Park Library and Community Center, expand and renovate Main Library, and renovate Downtown Library. By state law, proceeds of a GO bond cannot be used to purchase non-capital furniture, equipment, and fixtures for the facilities; and C. In 2008, Group 4 Architecture, the firm hired by the City to design the bond measure projects, estimated costs of furniture, equipment and fixtures to be at $4.3 million for the three improved facilities plus $0.7 million for associated costs and contingencies; and D. The Palo Alto Library Foundation (PALF), a 501c (3) nonprofit organization has been a strong partner for the City, with records of success in financial support of the library system. Following the passage of Measure N, the Board of Directors of PALF agreed to undertake a campaign to fund the needed furniture and technology for the library and community center projects; and E. PALF plans to collect the donations made to its fundraising campaign and turn the proceeds over to the City. The gifts will be timed to make the funds available as furniture and technology are needed for the individual building projects. The first gift of $275,000 was presented at the September 6, 2010 City Council meeting, and will be used to fully fund all required furniture and technology needs at Downtown Library; and F. A creation of a CIP Project is needed to capture all the donations of PALF, and all the expenditures related to the donations; and G. City Council authorization is needed to amend the 2011 budget as hereinafter set forth. SECTION 2. Capital Improvement Program (CIP) Project Number LB-11000, Furniture and Technology for Measure N Projects is hereby created. SECTION 3. Donation revenue from the Palo Alto Foundation of Two Hundred Seventy Five Thousand ($275,000) is hereby received and, the sum of Two Seventy Five Thousand Dollars ($275,000) is appropriated to CIP Project LB-11000. ) Library Dollars Hundred hereby SECTION 4. The transactions above will have no impact on the Capital Project Fund Infrastructure Reserve balance. SECTION 5. As specified in Section 2.2S.0S0(a) of the Palo Al to Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 7. The actions taken in this ordinance do not constitute a project requiring environmental review under the California Environmental Quality Act (CEQA). INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: ty Manager Director of Library Director of Administrati've Services ATTACHMENT B CIP Description: This project will purchase new furniture, equipment and technology for the Measure N bond projects at the new Mitchell Park Library and Community Center, the expanded and renovated Main Library and the renovated Downtown Library. Justification: In 2008, the community passed Bond Measure N, thereby authmizing the construction or renovation of three library branches. By law, general obligation bond funds cannot be used to purchase non- capital items for the facilities. This project is needed to accept gifts from the Palo Alto Library Foundation or other organizations to fund the purchase of essential furniture, equipment and technology. Supplemental Information: First year funding to purchase all needed furniture, equipment and technology for the Downtown Library renovation was provided by the Palo Alto Library Foundation. Future year revenue will be funded by gifts from the Foundation or other donors and, jf needed, supplemented by library development impact fees and community centers development impact fees. Pre-Design Costs Design Costs Construction Costs • New • Timeline: FY 2011 through FY 2014 • Overall Projed Completion: 0% • Percent Spent: 0.00% • Managing Department: Library • Comprehensive Plan: This project furthers policy C-14 • Potential BoardlCommission Review: ARB • Environmental: None • Design Elements: None • Operating: Ongoing maintenance and replacement costs • Telecommunications: None Other $275,000 $3,125,000 $1,600,000 $5,000,000 Revenues: Source of Funds: Capital Budget FY 2011 $275,000 $3,125,000 $1,600,000 $5,000,000 Grants from the Palo Alto Library Foundation or other donors and, if needed, Library Devel- opment Impact Fees and Community Center Development Impact Fees City of Palo Alto CITY OF PALO ALTO Memorandum TO: MAYOR AND CITY COUNCIL 18 FROM: CITY MANAGER DEPARTMENT: CITY MANAGER DATE: DECEMBER 13, 2010 SUBJECT: Recommendation from High Speed Rail Committee to Approve five Potential 2011 State Legislative Initiatives Related to High Speed Rail Discussion The High Speed Rail (HSR) Committee deliberated on the above item at their meetings held November 18th and December 2nd• The Committee, working with Capitol Advocates, Inc. (CAl) the City'S State Legislative Advocacy firm and staff, has developed a list of five potential state legislative initiatives related to HSR to pursue in the next legislative session. The list includes five potential bills encompassing three major topic areas: funding and environmental review, issues related to the California High Speed Rail Authority (CHSRA) and its process, and city design review and analysis of HSR. These subject areas are consistent with HSR actions taken by the City over the past several months. Item one below calls for a new or revised ridership study, which the City has consistently requested. A recent peer review report of the California HSR project called for a "thorough reassessment" of the HSR project. The news article that discussed the fmdings in that report also highlighted the CHSRA has faced "criticism of its ridership projections, used to justify expenditures and attract investment to the project." Items two and three call for CHSRA board members with technical expertise, better geographic representation, funding for an expert Peer Review Committee and propose requiring CHSRA Board members, employees and those doing professional work for the Board operate under tighter rules with respect to gifts and representing private interests before the Board after leaving the Board and or employment for the Board. Item four requires the CHSRA to comply with the City's standards with respect to undergrounding of utility lines should the CHSRA take out existing lines to build HSR in the City. Item five would require the CHSRA to reimburse communities for expenditures associated with reviewing and responding to the work done by the CHSRA and its professional consultants. Proposed HSR Legislative Initiatives for the 2011 Session Funding and Environmental Review 1. Require that Proposition lA bond funds cannot be allocated for construction ofHSR until adequate environmental impact studies are done based on a new ridership study and using an acceptable ridership evaluation methodology. Require the CHSRA to contract with Page 1 of3 the California State Legislature's Transportation Academic Arm (i.e., the University of California Berkeley Institute for Transportation Studies (DCBITS)) for transportation matters, to complete a revised high speed rail (HSR) ridership study, and use the ridership methodology of the UCBITS. Also, any new ridership study should be used as the basis for the HSR environmental process. Finally, require the CHSRA to reconsider the optimal HSR route based on both a new ridership study and use of the DCBITS HSR ridership evaluation methodology. California High Speed Rail Authority (CHSRA) and Process 2. CHSRA Board changes. (1) increase the number of current board members by an additional two to four members, (2) the Board has representatives with technical expertise (e.g., engineer), (3) the Board has broad geographic representation from throughout California, (4) individuals who serveon a local Transportation Authority, is an elected/appointed/government official of any community affected by HSR are prohibited from serving on the CHSRA.board, and (5) Senate approval is required for all CHSRA Board members. A Peer Review Committee would also be established to review all engineering and related design work done by the California High Speed Rail Authority (CHSRA) and its consultants, and ensure this information is available to the public at all times. The legislature would be required to provide adequate and sustained funding for the Peer Review Committee, and the Peer Review Committee would be subject to the Brown Act. 3. Require that all CHSRA Board members, staff, consultants, contractors, and subcontractors are prohibited from receiving· any gifts. Additionally, require that any gifts made to the CHSRA shall not be accepted without consent from the Senate, and any such gift to the Authority shall not be allocated to anyone without the advice and consent of the Senate. Require that CHSRA Board members, staff, consultants, contractors, and subcontractors shall not represent any interest before the Authority for a period of three years after leaving the employer or termination of consulting services. City Design Review and Analysis of HSR 4. Legislation would include the requirement that if things need to be moved, such as utility poles, that they should be replaced by the standards in place for that community. For instance, Palo Alto has been working for a while to underground utility lines throughout the City, if the Authority needs to take them out, new ones should go underground not above ground. 5. Require the CHSRA to reimburse communities for their costs associated with reviewing the work done by CHSRA professional consultants. Page 2 of3 CITY OF PALO ALTO Memorandum TO: MAYOR AND CITY COUNCIL 19 FROM: CITY MANAGER DEPARTMENT: CITY MANAGER DATE: DECEMBER 13, 2010 SUBJECT: Recommendation from Policy & Services Committee Regarding Process for City Council Priorities and City Council Retreat Discussion The Policy and Services Committee at their November 30th 2010 meeting discussed the above items. The Committee spent considerable time discussing these items and the Committee proposes the following recommendations outlined below for City Council consideration. Background The process discussed by the Committee suggested the following: 1. The City Council could adopt a set of Core Principles first at the annual City Council retreat to be held January 22, 2011 . .An example of a potential core principle could be the City Council Community Engagement. Another potential core principle could be Sustainability. These and other core principles could be expressed as a council priority, but continue on beyond the time frame of a priority. 2. The Core Principles would then drive the discussion around City Council priorities. The Committee would like to recommend changing the use of the word priorities to Strategic Initiatives (81). The City Council would continue with the current five priorities, now Sl's. During the First Quarter of 2011 staff would work with the Committee to identify three (3) qualitative/quantitative deliverables for each SI. For example, for the Transportation, and Land Use SI a deliverable would be Approval of the Stanford University Hospital project by x date; 3. The Deliverables then would be outlined further into a workplan for the year to execute the deliverables identified; 4. Following the adoption of the City budget for FY 2012 and at the start of the new fiscal year after July 1, the Committee would do a post mortem review of the Sl's, the deliverables, the workplan and the budget just adopted to ensure they are in alignment and to make any recommendations deemed necessary by the Committee to the City Council, including staying the course, modifying the course and or adding new SI's, new deliverables and a changed workplan. Page 1 of2 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: DECEMBER 13, 2010 CMR: 456:10 REPORT TYPE: CONSENT ITEM SUBJECT: Policy and Services Committee Recommendation to Approve the City of Palo Alto Suicide Prevention Policy; Adoption of Two Resolutions: (1) Supporting the Santa Clara County Suicide Prevention Plan; and (2) Approving the 41 Developmental Assets Framework for Youth and Teen Well-Being EXECUTIVE SUMMARY The Project Safety Net (PSN) community task force began to take shape during the summer 0[2009 in response to the tragic teen suicides our community experienced. The task force is broadly represented by parents, medical professionals, youth-serving non- profits, City Commission representatives, Palo Alto Youth Council and many others. The mission of the PSN community task force is to develop and implement an effective, comprehensive, community-based mental health plan for overall youth well-being in Palo Alto. The plan, as described in the PSN report (CMR:312:10) (www.CityofPaloAlto.orgIPSNreport), includes education, prevention and intervention strategies that together provid~ a safety net for youth and teens in Palo Alto, and defines our community's teen suicide prevention efforts. The purpose of this staff report is to follow up on the referral of the PSN report by Council on July 19,2010 to the Policy and Services Committee. The Council directed the Policy and Services Committee to consider specific policy recommendations in the PSN report that pertain to the City in support of teen suicide prevention and strategies for the social and emotional health of youth and teens in Palo Alto. Three policy recommendations emerged from the Policy and Services Committee's deliberations; they are listed below: 1. Resolution supporting the Santa Clara County (SCC) Suicide Prevention Strategic Plan (Attachment A) CMR:456:10 Page 1 of7 2. Approval of a City of Palo Alto suicide prevention policy (Exhibit A) 3. Resolution adopting the 41 Developmental Assets framework for youth and teen well-being (Attachment B) RECOMENDATION The Policy and Services Committee recommends that Council approve the following: 1. Resolution supporting the Santa Clara County (SCC) Suicide Prevention Strategic Plan (Attachment A) 2. City of Palo Alto suicide prevention policy (Exhibit A) 3. Resolution adopting the 41 Developmental Assets framework for youth and teen well-being (Attachment B) BACKGROUND In response to the five teen suicides the Palo Alto community experienced between May 2009 and January 2010, the City of Palo Alto and Palo Alto Unified School District (PAUSD) along with many community partners have taken an active and progressive role in developing short-and long-term plans in support of suicide prevention and the social and emotional health of youth and teens in Palo Alto. The PSN community task force effort is closely aligned with the 2010 Council priority of "community collaboration for youth well-being". City staff has played an important coordinating role in bringing the community together to both plan and take action in support of youth well-being. The PSN report describes the process that the Palo Alto community used to investigate, intervene and strive to prevent further teen suicides. The report delineates specific resiliency and mental health promotion strategies that have taken place, along with recommendations for future action. It is the collective recommendation of the PSN community task force that the recommendations in the PSN report be used as a foundation for a sustainable community task force for youth and teen well-being; and that policy makers, administrators and the broader community use the PSN report as a supportive document to help inform community decision making in the interest of youth and teen well-being. On July 19, 2010, staff made a presentation to the Council on Project Safety Net and asked that the PSN report be referred to the Policy and Services Committee for further review and recommendations. The Council directed staff to return to Council with specific policy recommendations from the Committee that support teen suicide prevention and strategies for the social and emotional health of youth and teens in Palo Alto. DISCUSSION The Policy and Services Committee discussed the Project Safety Net report and community task force efforts at the September 14 and October 12, 2010 meetings. At the CMR:456:10 Page 2 of7 September 14, 2010 Policy and Services Committee meeting, staff recommended that the Committee focus on those areas of the PSN report that are specific to the City and that have potential City policy implications. Below are the focus areas discussed that have City policy implications: 1. Ongoing staff support for PSN Community Task Force. 2. Approval of a City of Palo Alto suicide prevention policy. 3. Adoption of the 41 Developmental Assets framework. 4. Commitment to youth outreach and elevating the youth voice. S. Commitment to the reduction of lethal means to self harm. At the Policy and Services Committee's direction, staff brings items 2 and 3 (above) to Council for action. Discussion of potential policy recommendations for items 1, 4 and S continue, but specific action is not recommended at this time. 1. Ongoing staff support for PSN: The City's role in PSN has been one of coordinator, finding the right people and experts, bringing them together to collectively develop and implement a comprehensive community-based mental health plan for overall youth and teen well-being in Palo Alto. Staff has attempted to create the space and atmosphere that effectively harnesses the tremendous community talent, expertise and goodwill that surround youth and teens in our community. The coordinating role the City plays is a significant commitment and has added additional strain on staff, who are still adjusting to 2011 budget cuts and staff reductions, particularly in the Community Services Department. The challenge of addressing the issue of insufficient resources for the task force is still an open question. The PSN community task force remains an unfunded alliance of committed organizations and individuals focused on youth and teen well-being. An encouraging development is the quality and efficacy of the PSN efforts has. received local and national attention, sparking interest from several foundations to consider supporting the effort. Although staff does not have a recommendation for ongoing staff support for PSN at this time, we are committed to continue coordinating the PSN community task force through the end of the 2010-2011 school year in its current configuration. Over the 2011 winter/spring season the PSN committee will explore options for a sustainable model to ensure the PSN strategies expressed in the PSN report continue to be implemented. 2. Approval of a City of Palo Alto suicide prevention policy: A fundamental strategy for PSN is to have City and PAUSD adopt a policy that speaks specifically to suicide prevention (Exhibit A). In order to create a united and concerted effort to reduce suicides, a community effort must involve community leaders and decision makers. If it is clear from the top of an organization that suicide prevention is a priority, then all levels of an organization will appreciate and understand that suicide prevention is valued and necessary. Consequently, an important strategy is for elected officials to adopt policies that commit to suicide prevention and mental health support for CMR:456:1O Page 3 of7 all community members. One of the most noted and successful suicide prevention plans is the U.S. Air Force Suicide Prevention Program. One reason attributed for its success is leadership involvement from the top of the organization. The City suicide prevention policy recommendation is aligned with the Santa Clara County (SCC) Suicide Prevention Strategic Plan (Executive Summary SCC Suicide Prevention Plan -Attachment D) that was adopted by the/SCC Board of Supervisors on August 24, 2010. The City's Policy is incorporated in the Resolution as an exhibit. Staff further recommends that Council adopt a resolution (Attachment A) supporting the SCC Suicide Prevention Strategic Plan which SCC hopes all cities in the County will adopt and implement. Implementation of the City suicide prevention policy will be a collaborative effort, drawing on the expertise and resources of the many supporting partners on PSN community task force. 3. Adopt the 41 Developmental Assets framework: Resiliency is a key component to keeping youth safe and healthy. Project Safety Net and PAUSD in conjunction with Project Cornerstone, a local non-profit helping communities build "asset-rich" environments, have adopted the Search Institute's 41 Developmental Assets framework for building resiliency and other positive character traits amongst youth and teens. Staff recommends the City of Palo Alto join with P AUSD in adopting the 41 Developmental Assets (Attachment C). Developmental Assets provide a framework of 41 building blocks that enhance the health and well-being of youth and teens. They are the experiences and opportunities that all young people need to grow into healthy, responsible adults. A list of 41 Developmental Assets can be referenced in Attachment C. The Asset model is a highly regarded approach to mobilize communities with a common vision and language for what youth and teens need to thrive. Through years of research in youth development, these assets have been identified by the Search Institute, an independent research and educational organization based in Minneapolis, Minnesota. Their research has shown that when these assets are present, they help prevent negative behaviors, risk-taking, and help increase positive, thriving behaviors. Assets are cumulative: the more youth have, the better it will be. As the number of assets increases, so does a child's well-being. As a framework for healthy growth and well-being, assets give communities a set of benchmarks to measure the positive development of their youth and teens -regardless of community size, geographic region, gender, family economics, race or ethnicity. The Search Institute found that the number of assets a young person possesses affects how they respond to and maneuver through difficult life experiences. The fewer assets a youth has, the more likely they are to participate in negative behavior to cope with difficult times. Young people who have CMR:456:10 Page 4 of7 31-40 assets are more likely to bounce back from difficult situations and bounce back more quickly. PAUSD conducted a comprehensive Developmental Asset survey in fall 2010. The results of this survey will be available in early spring 2011. The survey results will be instrumental in shaping P AUSD and our community-wide plans and actions to support youth and teens in the future. 4. Commitment to youth outreach and elevating the youth voice: The City Council and staff are very committed to youth well-being as evidenced by the broad and diverse programs and services provided by the City for youth and teens. As the Policy and Services Committee discussed this item, it was agreed that encouraging and elevating the youth voice in community decision-making was very important. A commitment to continue an annual study session with the Palo Alto Youth Council and City Council, and active participation of elected officials in an annual youth forum was strongly supported. Moreover, consideration of assigning a Council member to be a Youth Council liaison, something the Parks and Recreation and Human Relations Commissions have recently done, was another idea discussed. The Community Services Department staff will continue to look for· new and creative ways to get adults and teens together to build positive relationships, problem-solve and further build a supportive community for youth and teens. Although no specific policy recommendation is being made on this item at this time, staff and the Policy and Services Committee remain committed to making positive connections with the youth and teen community through existing City programs and servIces. 5. Commitment to the reduction of lethal means to selfharm: A tremendous amount of empirical evidence exists to support strategies to reduce lethal means to self-harm when attempting to stem suicide contagion; a phenomenon defined by the Centers for Disease Control and Prevention (CDC) as exposure to suicide or suicidal behavior of one or more persons influence others to commit or attempt suicide. Due to the high level of impulsivity involved with suicide and the lack of impulse control inherent to the teenage years, lethal means restriction to self-harm is critical and a paramount strategy for PSN. Studies have shown that 70% of those aged 13 to 34 who attempt suicide set the interval between deciding to kill themselves and acting at less than an hour. Beginning in November 2009, the City of Palo Alto Police Department retained a private security firm to be on-site 7 days a week for the hours the Caltrain passenger line operated. The original objective was to continue this prevention effort through the end of the 2009-10 school year. This· effort has now been extended to the end of the 2010-11 CMR:456:10 . Page 5 of7 school year at the request of the PSN Community Task Force. Moreover, the Police Department continues to provide increased patrols along the rail line. The City has and continues to accept donations to offset the cost for the contracted security effort. To date, the community has contributed over $75,000 and fully funded the cost of having the security personnel present from November 2009 through June 2010. In addition, prior to the Police Department utilizing a security firm, a dedicated group of volunteers in support of this strategy began to maintain a presence at key crossings along the train tracks. This effort has come to be known as TrackWatch and continues today to supplement the work of private security guards. The City has supported the TrackWatch volunteers through providing, as follows: (1) training on procedures and safety (in cooperation with Caltrain and the San Mateo County Sheriff Transit Bureau); (2) equipment such as reflective safety vests; (3) increasing wattage of pre-existing street lighting in the area and installed new light fixtures to further illuminate the area during the evening; (4) services to clear 100 ft. of vegetation in either direction of the crossing on the east side of Alma Street, which significantly increased visibility at the crossing and, as well, Caltrain cleared and removed significant amounts of vegetation within the rail line right of way, which established a clear line of sight north and south of the crossing within the right of way; (5) Caltrain, in conjunction with the City, performed a thorough safety inspection of the fencing along the right of way surrounding the East Meadow train crossing and, as a result, significant fencing improvements were made to restrict access; and (6) Caltrain also improved the safety and suicide prevention signage at the East Meadow crossing among other crossings. RESOURCE IMPACT The· resource impacts are essentially staff time. Specifically, staff will incorporate the approval of a City suicide prevention policy (Exhibit A) in the resolution supporting the Santa Clara County (SCC) Suicide Prevention Strategic Plan (Attachment A) and the resolution adopting the 41 Developmental Assets framework for youth and teen well- being (Attachment C) into existing job descriptions and work plans. Staff will evaluate resource impacts annually to ensure we are being effective while not compromising other· City priorities as limited staff resources are allocated. If budget adjustinents or additional resources are needed to further support the suicide prevention policy or resolutions staff will bring such recommendations to Council as part of the annual budget process. Recognizing the City has limited resources, funds to implement this policy shall be provided as available, and shall be sought through private donations, grant applications and other sources of outside funding. Additional funding will also be sought through partnership with the Palo Alto Unified School District and other agencies with expertise in this area. CMR:456:10 Page 6 of7 Attachm.ent .A Not Yet Approved Resolution No. --- Resolution of the Council of the City of Palo Alto In Support of the Santa· Clara County Suicide Prevention Strategic Plan and Approval of the City of Palo Alto Suicide Prevention Policy WHEREAS, the Surgeon General, Dr. David Satcher, in his 1999 "Call to Action to Prevent Suicide," stated that suicide in the United States is a serious public health issue and the most preventable form of death; and WHEREAS, the National Strategy for Suicide Prevention: Goals and Objectives for Action promotes "increasing the proportion of family, youth and community service providers and organizations with evidence-based suicide prevention programs" (Objective 4.7); and WHEREAS, Santa Clara County has lost an average of 140 individuals in recent years to suicide, and many other County residents attempt suicide or express suicidal thoughts, making this a significant public health issue; and WHEREAS, almost all Santa Clara County cities annually have residents of all races, gender, ages, and other social characteristics either express, attempt, or die by suicide, affecting many members of our communities, making this a community matter requiring collective action; and WHEREAS, it is essential to support the Santa Clara County Suicide Prevention Strategic Plan goals to (1) reduction of deaths by suicide, (2) increase awareness and understanding of suicidal deaths and what to do,(3) improve data collection, monitoring and follow up, and (4) have residents respond to a person in need; and WHEREAS, educating people on suicide risk factors, warning signs, and protective factors and removing stigma about mental health treatment, recovery and resiliency is enlightened action; and, WHEREAS, Santa Clara County Board of Supervisors, along with the leadership and staff of the Mental Health Department, the members of the Suicide Prevention Advisory Committee (SPAC) and the many public participants, has sought to prevent suicide by holding public meetings and discussion sessions and approving a county prevention plan; and WHEREAS, the City's Policy and Services Committee has approved a Suicide Prevention Policy and Mental Health Promotion, which is attached to this Resolution as Attachment "A"; 101129 jb 0073463 Not Yet Approved NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOL VE, as follows: SECTION 1. The Council of the City of Palo Alto hereby proclaims its support for and approval of the County of Santa Clara's Suicide Prevention Strategic Plan, and it calls upon all citizens, government agencies, public and private institutions, businesses and schools to support the vision of preventing death by suicide and creating a healthier and safer community. SECTION 2. The Council hereby adopts a policy entitled "Suicide Prevention Policy and Mental Health Promotion," which policy, attached hereto as Attachment "A", is in furtherance of the County's Suicide Prevention Strategic Plan. SECTION 3. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act and no environmental assessment is required INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Director of Community Services Director of Administrative Services 101129 jb 0073463 Exhibit A Not Yet Approved CITY OF PALO ALTO POLICY STATEMENT SUICIDE PREVENTION POLICY AND MENTAL HEALTH PROMOTION The Palo Alto City Council and City Administration understand the concern that suicide poses to its residents and employees/employers. Within that framework, the City shall adopt suicide prevention strategies and intervention procedures. These policy and procedures will be compatible with the Santa Clara County Suicide Prevention Strategic Plan that was adopted by the Santa Clara County Board of Supervisors on August 24, 2010. To meet these goals, mental health care shall be promoted and supported ,for community members in need. This policy shall advance current strategies and best practices as designated by the Suicide Prevention Resource Center, a national agency promoting the National Suicide Prevention Plan, and the California Suicide Prevention Plan. This policy promotes planning, implementing, and evaluating strategies for suicide prevention and intervention and encouraging mental health care. This will be accomplished by City staff and residents gaining a better understanding about the causes of suicide and learning appropriate methods for identifying and preventing loss of life. The policy and procedures will include training in identifying those at risk (gatekeeper training) and how to report suicide threats to the appropriate parental and professional authoritie~. This policy shall provide for active collaboration on similar work by the Palo Alto Unified School district and other local and regional authorities, including Santa Clara County government. This policy shall advance current strategies, including but not limited to, parent education, youth outreach, mental health support of students, means reduction, youth mental health screenings, and grief support amongst other actions. The implementation of this policy (and related procedures), supports initiatives and actions taken by the community task force, Project Safety Net, or any future similar committee. Their activities will be agreed upon, implemented and evaluated. A strong and effective educational program to promote the healthy mental, emotional, and· social development of residents and employees/employers including, but not limited to, understanding of problem-solving skills, coping skills, and resilience. Additionally, an easily accessible list of mental health and suicide prevention resources shall be maintained. The City Manager or his/her designee shall establish a crisis intervention plan and procedures to ensure public safety and appropriate communications in the event that a 10 1129 jb 0073463 Not Yet Approved suicide occurs or an attempt is made by an individual in the City of Palo Alto. The City Manager will explore how this policy relates to the City's Emergency Crisis Plan. Funds to implement this policy shall be provided, as available, and shall be sought through private donations, grant applications and other sources of outside funding. Additional funding will also be sought through partnership with the Palo Alto Unified School District and other agencies with expertise in this area. This policy and related procedures shall be reviewed annually to confirm compliance and to make any necessary revisions. 101129 jb 0073463 Attachment B Not Yet Approved Resolution No. ---Resolution of the Council of the City of Palo Alto Adopting the 41 Developmental Assets Framework For Youth and Teen Well-Being WHEREAS, nationwide research shows a significant correlation between youth that have high numbers of assets to positive behaviors and attitudes and those with lower numbers of assets to increased high-risk behaviors; and WHEREAS, the Project Safety Net Committee (the "Committee"), a group of community members who came together to address the social and emotional health of youth and teens, has adopted the Developmental Assets (the "Assets") framework (the "Framework"), and the Palo Alto Unified School District, the YMCA, the Palo Alto Chamber of Commerce, the PTA Council and Youth Community Services also have adopted the Framework; and WHEREAS, the Committee in its July 2010 report has identified a spectrum of support that our youth needs, and the City of Palo Alto (the "City") has partnered with Project Cornerstone, a,santa Clara County-wide collaborative with a growing network of community leaders and partner organizations working together, to implement the Assets in communities; and WHEREAS, the Assets, originally pioneered by the nonprofit Search Institute of Minnesota, are defined as the positive values, relationships and experiences that help youth and teens succeed and thrive; and WHEREAS, the Council of the City acknowledges that the Assets are the essential building blocks for a healthy community and that all citizens of Palo Alto, young and old, should strive to be asset builders; and WHEREAS, the City will incorporate the Assets approach into the planning, development, implementation and evaluation of programs and services for youth and teens; and WHEREAS, the City will encourage City employees and community partners to participate in training on the 41 Developmental Assets and the Policy and Services Committee of the City Council, after review by the Palo Alto Youth Council, will be given yearly progress reports on the implementation of Assets in the City. II II II 101129 jb 0073462 Not Yet Approved NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE, as follows: SECTION 1. The Council of the City of Palo Alto hereby adopts the 41 Developmental Assets as a framework for guiding all policies and programs in the City as they relate to youth and teen well-being. SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act and no environmental assessment is required -INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Director of Community Services Director of Administrative Services 101129 jb 0073462 Santa Clara County Suicide Prevention Advisory Committee Co-Chairs Hon. Liz Kniss, Santa Clara County Supervisor, District 5 Victor Ojakian, Santa Clara County Mental Health Board Member Santa Clara County Board of Supervisors Hon. Ken Yeager, District 4, President Hon. Dave Cortese, District 3, Vice President Hon. Donald F. Gage, District 1 Hon. George Shirakawa, District 2 Hon. Liz Kniss, District 5 County Executive Dr. Jeffrey Smith Staff: Nancy Dane Pena, Ph.D., Director, Santa Clara County Mental Health Department Elena Tindall, M.Ed., Santa Clara County Mental Health Department Prevention and Early Intervention Consultant and temporary Liaison to the State Office of Suicide Prevention Ky Le, Santa Clara County Mental Health Department Mental Health Services Act Manager Jean McCorquodale, Mental Health Department Consultant Tracy Hern McGreevy, Photographer Other Acknowledgements: IInterpret for simultaneous translation EMQ for hosting meetings Christine Nguyen for assistance at the public forum CTI for Suicide Prevention Website Support MIG, Inc. for graphic design and meeting facilitation If you or someone you' know or love is in crisis, there are services, resources and help available. Please contact: Suicide and Crisis Services (SACS) Hotline (408) 279-3312 (Central County) (650) 494-8420 (North County) (408) 683-2482 (South County) National Suicide Prevention Lifeline 1-800-273-TALK (8255) For Veterans 1-800-273-TALK (8255) press 1 Additional resources also are listed on the Santa Clara County's Mental Health Department website: www.sccgov.org/spac under the Suicide Prevention and Local Resources section on the Suicide Prevention Resources page. 2009-2010 Santa Clara County Suicide Prevention Advisory Committee Members Jeff Arnold, M.D. Santa Clara Valley Medical Center Emergency Room Maryann Barry Santa Clara County Custody Health Services Dennis Burns Palo Alto Police Department Ginny Cutler EMQFF Child and Adolescent Mobile Crisis Program Robert (Bob) Garner Santa Clara County Department of Alcohol and Drug Services Mitch Gevelber, M.D. Santa Clara Valley Medical Center, Adolescent Medicine Kelly Green, Alternate San Mateo County Transit District Michael Haberecht, M.D., Ph.D. Stanford Counseling and Psychological Services Melanie Hale, M.S., lCSW Foothill College Tiffany Ho, M.D. Santa Clara County Mental Health Department Hope Holland Suicide Attempt Survivor / California Network of Mental Health Clients/ Santa Clara Chapter of National Alliance on Mental Illness Don Johnson, Member Mental Health Department's Ethnic and Cultural Community Advisory Committee Jennifer Jones Suicide Attempt Survivor / Santa Clara County Mental Health Department Consumer Affairs Sheila Mitchell Santa Clara County Probation Department Dave Newman Law Enforcement Liaison, South County Bernie (Deacon) Nojadera Interfaith Advisory Committee, Diocese of San Jose Cary Matsuoka Santa Clara County Superintendents' Association ThuHien Nguyen, Ph.D. Santa Clara County Mental Health Department, Cultural Competency Coordinator Erin O'Brien Association of Mental Health Contract Agencies Joseph O'Hara, M.D. Santa Clara County Medical Examiner-Coroner Office Mary Ojakian American Foundation for Suicide Prevention Chris Pacheco Council on Aging Silicon Valley Dan Peddycord, R.N., M.P.A./H.A. Santa Clara County Public Health Department Hon.Joe Pirzynski, Vice Mayor Town of los Gatos, Santa Clara County Cities Association Janin Rimper Suicide and Crisis Services Volunteer Amari Romero-Thomas 211 Santa Clara County, United Way Silicon Valley Mark Simon SamTrans, Caltrain, San Mateo County Transportation Authority David Sisson Suicide Attempt Survivor/ Community Member Wiggsy Sivertsen San Jose State University Kevin Skelly Palo Alto Unified School District Pamela Smith Martin Hospital Council of Northern and Central California Tasha Souter, M.D. Veterans Administration Hospital, Trauma Recovery Nicole Squires Policy Aide to Supervisor Kniss Eddie Subega Santa Clara County Suicide and Crisis Services (Hotline) Paul Taylor, Alternate Momentum Kris Wang, Alternate Santa Clara County Cities Association lorraine Zeller, Alternate Survivor and Peer Mentor LETTER OF INTRODUCTION FROM THE SUICIDE PREVENTION ADVISORY COMMITTEE CO-CHAIRS To the Residents of Santa Clara County: We are proud to present the Santa Clara County Suicide Prevention Strategic Plan, a report on the heartbreaking and unnecessary deaths by suicide along with next steps to address this tragic problem as identified by the broad-based membership of the Suicide Prevention Advisory Committee for the Santa Clara County Suicide Prevention Initiative. This Plan will serve as a valuable tool as we work cooperatively with individuals, communities, organizations and other levels of government to make our County a place where programs and services diminish severe depression and loss of hope and where understanding and outreach lessen the incidents of self- harm and loss of life. The Plan was developed by members of the Suicide Prevention Advisory Committee and many interested representatives of the public, with the support of the Santa Clara County Mental Health Department. In addition to helping us understand the causes of suicide, the goal of this report is to stimulate collaboration and active efforts to address key issues, including disparities that lead to a disproportionate incidence of suicide among certain groups of individuals. We hope this document will serve as a starting point for collective action, and we invite you to join us and our key partners in the community to improve the outcomes of people in Santa . Clara County who have been seriously affected by grief, trauma, stress, anxiety, major depression, social alienation, low self-esteem, lack of family and community support, mental illness, substance abuse, and feelings of helplessness, hopelessness and desperation. People of all ages, races, ethnicities, income and educational levels, genders, sexual orientations, and types of work are victims of circumstances that make them feel suicide is there only viable alternative. While some groups are1nlQre frequently affected, no one is exempt. We thank the members of the Board of Supervisors who supported this initiative, along with the leadership and staff of the Mental Health Department, the members of the Suicide Prevention Advisory Committee and the many public participants. We ask you to join us in furthering this vital work and in helping us to accomplish the next steps. Sincerely, Hon. Liz Kniss Supervisor, District Five Vic Ojakian Santa Clara County Mental Health Board " Sa~fi mlarr.a m~UR~~ lJ;d~iie Ire~eRfil!)rl ~Sff1l.ate{:lie; liaR • J:xee;uti~e Summa~ • uUlIle 2()~m • 'Bage S of 24 '" ~ j 1 = . . Youth and Young Adults Ages 16 through 25 identified Needs and Concerns • Sense of physical and emotional isolation from family, social network and/or peers ~ Stigma associated with mental health and substance abuse services and suicide prevention Inadequate identification of mental health issues by self and others (caregivers, medical providers, etc.) Paucity of service resources and difficulty accessing age-appropriate and linguistically available services (inadequate referrals, poor connections, barriers to qualify, difficult to afford, language barriers) m Transitioning between being dependent on others to being financially independent without an adequate support network Priority Populations Young people experiencing: • Suicide of friends; previous attempts; thoughts of suicide • Academic difficulties; immigration concerns; refugee experience; acculturation stress; linguistic and/or cultural differences • Transition from dependence to financial and personal independence, regardless of educational level or pursuits Trauma (sexual, physical, emotional, exposure to violence) • Mental illness; substance abuse; co- occurring conditions • Homelessness; alienation from family • Juvenile/adult criminal justice involvement; transitioning from incarceration to reintegrating with society Foster care system involvement • Gender identity issues-lesbian, gay, bisexual, transgender, queer, or questioning Recommended Strategies m Screening and timely intervention of those at risk of suicide " School-based, culturally relevant intervention services, including consultation for educators and parents, and peer to peer support Peer stipend program for youth to promote intervention and treatment services • Training, support and educational materials for parents, partners, and family members and educators regarding safe handling of young adult life challenges and crises (Example: educational suicide help hotline) II Accessible and comfortable spaces for adults at-risk of suicide, such as a mobile crisis unit, satellite self-help centers, and/or a community lounge space .. Age-appropriate crisis hotline " Support groups for youth dealing with teen suicide • Prevention opportunities, such as youth becoming engaged in public service; school staff to be dynamic and caring; youth centers; other ways for students to develop skills to deal with emotional challenges " Previous attempters to share their stories to encourage others to seek help and have hope for improved life satisfaction 00 Public recognition of individuals who connect people at risk of suicide to resources .. Post-incident care for individuals and families after a 5150 episode (forced admission for psychiatric observation) ff0:,~S~nt.~ Blatta ~QUFlfl8~ifJi(iJe Btt~veFlt.ion 'StfEafegic el~n _ Executive Summa~ _ UUFle 20mt (]) _ Hage:£4 at 24 , ' " = ~ ~" " Adults Ages 26 through 59 Identified Needs and Concerns Inadequate identification of mental health issues by self and others (peers, medical providers, etc.) • Paucity of service resources and peer support strategy assistance as well as difficulty accessing available services • Stress associated with life transitions, life events and trauma • Stigma associated with mental health and substance abuse services and suicide prevention Cultural perspectives on mental health challenges and suicide Lack of safe welcoming places and opportunities to ask for assistance and services Older Adults Ages 60 and Above Identified Needs and Concerns Inadequate identification of mental health issues by self and others (caregivers, medical providers, etc.) Paucity of service resources and difficulty accessing available services (inadequate referrals, poor connections, barriers to qualify, difficult to afford, lack of transportation) • Loss or diminishment of independence, role, and physical health; loss of loved ones; physical difficulty in getting to services • Stigma associated with mental health and substance abuse services and suicide prevention • Cultural perspectives on and differing definition of death and dying; cultural taboos against discussing end of life " Psycho-social stressors that may lead to increased risk not only of suicide but of homicide-suicides. Priority Populations Adults experiencing: • Decreased functioning, isolation, disabilities or poor health • Trauma (sexual, physical, emotional, exposure to violence) • Suicide of friends; suicide attempts Mental illness; substance abuse; and co-occurring conditions • Loss of income and/or a loved one • Criminal justice system involvement • Homelessness • Gender identity issues: lesbian, gay, bisexual, transgender, queer, or questioning Priority Populations Older Adults who are: Caucasian males • Over75 • Isolated or grieving (widows/widowers), experiencing a loss in relationships or other significant change • Experiencing a loss of sustainable income and/or personal resources Functioning poorly, have disabilities or poor health • Experiencing immigration concerns; refugee experience; acculturation stress; linguistic and/or cultural differences • Coping with trauma (sexual, physical, emotional, exposure to violence, veteran) • Mentally ill; abusing medication, drugs, or alcohol Recommended Strategies • Screening and assessments for risk • Support for adults at risk Tools to safely handle life challenges and manage crises, such as cognitive- behavioral therapy. • Accessible counseling and crisis services • Mobile crisis unit • Self-help centers in communities • Training, support and educational materials for friends, family members and employers regarding safe handling of personal challenges and crises, (Example, educational suicide help hotline) • Previous attempters sharing their stories to encourage others to seek help and have hope for improved life satisfaction • Work with business leaders and organizations to promote mental health awareness and education • Public recognition of individuals who connect people at risk of suicide to resources " Post-incident care for individuals and families after a 5150 episode (forced admission for psychiatric observation) Recommended Strategies " Education, informing materials, and consultation support to primary care providers ~ Depression screening, referral, linkage services through primary care provider • Accessible, age-appropriate counseling services " Accessible senior-focused crisis line; an countywide access point/telephone nu .. Home visitation follow-up services and linkage of homebound seniors to services " Senior-focused intervention for depression, death and dying issues .. Public recognition of individuals who connect people at risk of suicide to resources • Post-incident care for individuals and families after a 5150 episode (forced admission for psychiatric observation) :r~ fan~a mlatarmOUDtJ ~tfiaiae f1h0e~lfrition iSfJrstiegia 11311 _ SxeaufJive Iummat~ -Uune 2i1J~ 0 • I?a~e 3.5 :of 24 wt~ Ji, "_ ~ '* ~ What We Recommend: Five Overarching, Interconnected Prevention Strategies Strategy One -Implement Suicide Intervention Programs and Services for Targeted High Risk Populations Desired Outcomes 1. Decrease in the number of completed suicide acts. 2. Decrease in the number of attempted suicides. 3. Increase in the availability of culturally and linguistically appropriate and affordable intervention services in a variety of venues. 4. Improved and earlier identification and engagement of people dealing with mental illness. 5. Improvement in referral relationships to access appropriate care. 6. Increase in help-seeking behavior from individuals with mental illness and from those who are connected to individuals with mental illness. 7. Increase in' support services to the family members and social network of individuals with mental health issues. 8. Improvement in quality of life for individuals and their loved ones who are dealing with mental illness. 9. Increase in diversity of services and programs that are tailored to high risk populations-youth, elders, internet, face-to-face. Strategy Two -Implement a Community Education and Information Campaign to Increase Public Awareness of Suicide and Suicide Prevention Desired Outcomes The Community Education and Information Campaign will focus on achieving the following outcomes: 1. 'Increased awareness of mental health issues, including depression and suicide 2. Increased public awareness of suicide 3. Improved identification of people who are feeling suicidal 4. Improved public knowledge of how to respond to a person who is feeling suicidal 5. Increased awareness of how to engage in and access support services, grief counseling services, and postvention services 6. Decreased judgment or blame associated with suicidal thoughts and feelings J2 .Iinfa <mlatl1ti mountx Suioii1e B~e;en~ion S~l1:ate!io Blan • cXQouti~e Summal0M • ;.June 2011 0 • ~age 18 'Of 24 : r • Strategy Four -Implement Policy and Governance Advocacy to Promote Systems Change in Suicide Awareness and Prevention Desired Outcomes While specific measurable outcomes need to be developed for this strategy, in general terms, goals of this strategy are to: 1. Increase public awareness of suicide as a public health problem within an organization by promoting adoption of policies and programs that either work to prevent suicide or respond to emotional crises. 2. Promote local, state, and federal policies and programs that prevent suicide. 3. Disseminate information to individuals in the community regarding the Santa Clara County Suicide Prevention Plan and its recommended activities. 4. Build partnerships with other local suicide prevention and mental health agencies, governments, media, and other organizations with a stake in public health. 5. Help remove the stigma associated with suicide by bringing the subject out in the open and discussing what can be done to prevent it. 6. Recruit individuals and organizations to advocate for policy change and/or adoption in their workplace or community site. 7. Change laws-see Longer Term Actions below. S. Advocate for prevention funding. Strategy Five -Establish a Robust Data Collection and Monitoring System to Increase the Scope and Availability of Suicide-Related Data and to Evaluate Suicide Prevention Efforts Desired Outcomes Proving that this plan is making a difference by reducing the number of deaths by suicide can only be accomplished by collecting data and monitoring the activities of the plan and its outcomes. In order to do this the following goals must be met: 1. Expand reporting on suicide attempts and deaths; 2. Increase accuracy in reporting of data related to suicide and prevention activities; 3. Increase the convergence of data reported by various entities; 4. Increase availability of comprehensive data on suicide-related activities in Santa Clara County; and Establish and define a centralized monitoring body of suicide prevention activities and outcomes. ',','I~~;taJllat\la mountl Stdsiae Brellention St18ategis; Blan _ e~eeutjve Su'mma18~ • Dune 2110 • Page 2Q o~24 '''' ~ > -'" "''''', ~ ~ 1) Develop Formal MHSA PEl Project for Suicide Prevention. The MHO will develop a fifth Prevention and Early Intervention (PEl) Project for Suicide Prevention and hire a Suicide Prevention Coordinator. If approved by the State, "PEl Project 5" will fund approximately $800,000 in new suicide prevention activities annually .for three to four years. Funding from this project will support activities in each of the Plan's five strategies, laying the foundation for new services and resource development. The ac will devise a process to apportion available funding to each of the five strategies. 2) Implement Listening Campaigns. The Suicide Prevention Coordinator will begin implementing "Listening Campaigns" to promote mental health and suicide prevention awareness. The Listening Campaigns also will serve as an ongoing vehicle for incorporating residents' input into the Plan's implementation. 3) Make Formal Connections to Statewide Suicide Prevention Efforts. The MHO will actively coordinate with and leverage existing statewide suicide preventioQ efforts, including the activities of the California Mental Health Services Authority (CaIMHSA). The MHO's goals are to influence the development of statewide programs and to ensure that local funds- which have been assigned to support statewide PEl projects-have an impact on local efforts. 4) Implement Approved Suicide Prevention~Related PEl Plans. a) "First Break" Treatment Programs. Under PEl Project 3, the MHO will initiate services to help individuals, especially for adolescents and Transitional Age Youth (16-25), address the onset of serious psychiatric illness (with psychotic features). b) Community Education and Training. Under PEl Project 1, the MHO will increase mental health literacy and reduce stigma and discrimination within underserved cultural communities by implementing Mental Health First Aid programs. c) Integrated Behavioral Health. The MHO will implement early intervention services in community-based, primary care clinics to serve approximately 4,200 patients annually (once fully operational). d) Gatekeeper Training. The MHO will implement "gatekeeper" programs for older adults. The above concrete actions will augment current suicide prevention efforts. Modifications or expansion of the aforementioned programs will be influenced by the ac as it implements the Plan's five strategies. '110111 '" 'I ( ~ J ~ Y:: de " ,~, ,,~Ill:~ mlal"7aJ ~Gl..[nl.'~ lifliEiliile lel"7evenfion Ift'al:igi~ lelan • l11Z~eEiliQfive Sammat'~ • iJane 20~ 0 • Rage 22 of~!I t: '" ~ 'L o.l ~ ~ References i California Department of Health: Epic Data Ii Center for Health Statistics-Vital Statistics Query System. http://www.applications.dhs.ca.gov/vsg/screen4a.asp?cnty cd=43&YEAR DATA=2007&Criteria=1&Res occ=Resid ence&Birth Death=Death&stats=2&cod cd=424 Retrieved 3/4/10. iiiCalifornia Department of Public Health, County Health Status Profiles 2009, retrieved 3/9/10 iv Youth Suicide Fact Sheet. www.suicidology.org. Retrieved 4/22/10. v CDC. Suicide among children, adolescents and young adults-United States, 1980-1992. MMWR Morbidity Mortality Weekly Report 1995; 44(15):289-91 vi Behavioral Risk Factor Survey, Santa Clara County 2004 Chartbook, Santa Clara County Public Health Department, 2004 vii Santa Clara County Youth Suicide Rate 2005-2007. California Department of Public Health, Center for Health Statistics, Vital Statistics Query System. http://www.applications.dhs.ca.gov/vsg/default.asp. Retrieved 3/3/10 through kidsdata.org viii American Foundation for Suicide Prevention, http://www.afsp.org/index.cfm?fuseaction=home.viewPage&page id=E2464DF6-0397-BD56-A8E232923B04ED5C Retrieved 3/4/10 ixixix Picture This: Depression and Suicide Prevention. Prepared for the Substance Abuse and Mental Health Services Administration (SAMHSA) by the Entertainment Industries Council, Inc. http://www.eiconline.org/resources/publications/z picturethis/Disorder.pdf. Retrieved 4/14/10 x Santa Clara County Suicide Prevention Advisory Committee Basic National Data, presented by Victor Ojakian on January 13, 2010. http://www.sccmhd.org/SCC/docs/Mental Health Services (DEPlIattachments/National State Data on Suicide slides Mtg 1 13 2010.pdf. Retrieved 4/23/10. xi Ibid xli Kulkin, H., E. Chauvin, & et al. (2000). Suicide among gay and lesbian adolescents and young adults: a review of . the literature. Journal of Homosexuality, 40(1), 1-29. xiii Remafedi, G., J. A. Farrow, et al. (1991). Risk factors for attempted suicide in gay and bisexual youth. Pediatrics, 87(6),869-875. xiv Eisenberg, M. E., & Resnick, M.D. (2006). Suicidality among gay, lesbian and bisexual youth: The role of protective factors. Journal of Adolescent Health, 39(5), 662-668. xv Kessler, R., Borges, G., & Walters, E. (1999) Prevalence of and risk factors for lifetime suicide attempts in the national comorbidity survey. Archives of General Psychiatry, 56, 617-626 xvi The Archives of Pediatric and Adolescent Medicine (May 1999) xvii Court addresses causes of juvenile delinquency, San Jose Mercury News, November 23, 2002 xvIII Office of Justice Programs, Bureau of Justice Statistics. Suicide and Homicide in State Prisons and Local Jails, Christopher l Mumola, August 21,2005, NCJ 210036. http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1126 xix Ibid xx Data provided by the Santa Clara County Department of Correction, 4/5/10 xxi Ibid xxii New Navy Program Encourages Sailors to "ACT" to Prevent Suicide. Navy.mil (Official Website of the U.S. Navy) Story Number: NNS061203-09. Release Date: 12/4/20069:01:00 AM. Retrieved 4/22/10 xxiii Kaplan, M.S., Huguet, N., McFarland, B.H., & Newsom, IT. (2007), Suicide among male veterans: a prospective population-based study, Journal of Epidemiology and Community Health, 61(7), 619-24. xxiv Eli Clifton, U.S.: Suicide Rate Surged Among Veterans, Washington, Jan 13,2010 xxv Ibid xxvi Natalie Staats Reiss, Ph.D., and Mark Dombeck, Ph.D. Factors Contributing To Suicide Risk, Updated: Oct 24th 2007 xxvii Protective Factor List Published by the U.S. Public Health Service 1999 xxviii Centers for Disease Control and Prevention, Suicide Prevention Scientific Information: Prevention Strategies." http://www.cdc.gov/ncipc/dvp/Suicide/Suicide-prvt-strat.htm. Accessed 5/12/10. '·.~a~1!i ~Ia~a' ~Ql.;1nf~ lai~~le Bhevemtion If~afe~ie' ~Ian • Exeeulive SUmmaf~ • 9ane 201 D • Rage 24 of 24 '"" ~ "," '" ~~ 0 *"'" ~ ~ ~