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HomeMy WebLinkAbout2011-02-07 City Council Agenda PacketThis Agenda/Notice is Posted in Accordance with Government Code Section 549.2(A) or Section 54956 02/07/2011 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 February 07, 2011 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, 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, 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,Sandra Blanch, Marcie Scott, Darrell Murray) Unrepresented Employee Group: Management, Professional and Confidential Employees Authority: Government Code Section 54957.6(a) 2 02/07/2011 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, Sandra Blanch, Marcie Scott, Roger Bloom, Darrell Murray) Employee Organization: International Association of Fire Fighters, Local 1319 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, 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, Sandra Blanch, Marcie Scott, Darrell Murray) Employee Organization: Service Employees International Union, Local 521 Authority: Government Code Section 54957.6(a) 7:30 p.m. or as soon as possible thereafter 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. SPECIAL ORDERS OF THE DAY 2. Presentation by Palo Alto Art Center Foundation 3. Appointments for the Library Advisory Committee for Three Terms Ending January 31, 2014 ATTACHMENT 3 02/07/2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. CITY MANAGER COMMENTS APPROVAL OF MINUTES December 13, 2010 January 04, 2011 January 10, 2011 CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 4. Resolution Setting the Council Vacation for 2011 ATTACHMENT 5. Finance Committee Recommendation to Adopt an Ordinance Authorizing the Closing of the Budget for the 2010 Fiscal Year; Approval of 2010 Comprehensive Annual Financial Report (CAFR) ID#1274 6. Finance Committee Recommendation to Accept the Maze & Associate Audit of Financial Statements as of June 30, 2010 and Management Letter ATTACHMENT 7. Finance Committee Recommendation to Adopt a Resolution Amending Utility Rate Schedules G10 and G3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Gas Rates ID#1309 4 02/07/2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 8. Approval of Construction Funding Agreement Between the City of Palo Alto and the Palo Alto Center Foundation for Upgrades to the Palo Alto Art Center Renovation Project and Date Extension of MCA Design Contract ID#1301 9. Approve and Authorize the City Manager or His Designee to Execute the Attached Amendment to Contract S09128287 with Northgate Environmental Management, Inc., for an Additional Amount of $89,619 for Phase II Environmental Site Assessment Work at the Palo Alto Airport ID#1296 10. Approval of a Utilities Advisory Commission Recommendation to Approve a Resolution Adopting a New Water Shortage Implementation Plan to Replace the Previous Plan that Expired in June 2009 ID#1308 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. STUDY SESSIONS 11. Staff Report from the City Manager Fire Department Services, Resources & Utilization StudyPresentation Of Findings By International City/County Management Association and Systems Planning/Tri Data Consultants ID#1334 12. Urban Forest Master Plan ID#1332 5 02/07/2011 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. 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. RESOLUTION NO. _____ RESOLUTION OF THE CITY OF PALO ALTO SCHEDULING THE CITY COUNCIL VACATION AND WINTER CLOSURE FOR CALENDAR YEAR 2011 WHEREAS, pursuant to Section 2.04.010 of the Municipal Code, the City Council must schedule its annual vacation for each calendar year no later than the third meeting in February; and WHEREAS, the City Council desires to set its annual vacation for 2011. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: The City Council sets their vacation for calendar year 2011, from Tuesday August 9, 2011 through Friday September 9, 2011 and winter closure from Monday, December 26, 2011 through Friday, January 6, 2012.. INTRODUCED AND PASSED: February 07, 2011 AYES: BURT, ESPINOSA, HOLMAN, KLEIN, PRICE, SCHARFF, SCHMID, SHEPHERD, YEH NOES: ABSENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney City Manager City of Palo Alto (ID # 1274) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/7/2011 February 07, 2011 Page 1 of 2 (ID # 1274) Title: Ordinance Close of Budget 2010 & Approve CAFR Subject: Finance Committee Recommendation to Adopt an Ordinance Authorizing the Closing of the Budget for the 2010 Fiscal Year; Approval of 2010 Comprehensive Annual Financial Report (CAFR) From: City Manager Lead Department: Administrative Services RECOMMENDATION The Finance Committee and Staff recommend that Council adopt the attached Ordinance authorizing closing of the Budget for the Fiscal Year ending June 30, 2010 and authorize re- appropriation of 2010 funds into the 2011 budget; close completed capital improvement projects; and transfer remaining Capital Improvement Project balances to the appropriate reserves. Attachment A (CMR 453:10) includes an overview of the City’s financial condition. In addition, the Finance Committee recommended approval of the City’s 2010 Comprehensive Annual Financial Report (CAFR) (Attachment B to CMR 453:10; electronic copy available at www.cityofpaloalto.org/depts/asd/financial_reporting.asp and hard copies are available at the Administrative Services Office upon request). BACKGROUND As customary, the City Council is required to close out its financials each fiscal year. At its December 21, 2010 meeting, the Finance Committee unanimously approved the closing of the 2010 fiscal year. ATTACHMENTS: Attachment A:CMR:453:10 Recommendation Regarding Adoption of Ordinance Authorizing Closing of the Budget for the FY Ending June 30, 2010, Including Reappropriation Requests, Closing Completed Cap (PDF) Attachment B: Excerpt Minutes from the Finance Committee meeting of December 21, 2010 (PDF) Prepared By:Trudy Eikenberry, Manager of Accounting February 07, 2011 Page 2 of 2 (ID # 1274) Department Head:Lalo Perez, Director City Manager Approval: James Keene, City Manager TO: HONOUABLE CITY COUNCIl, ATTENTION: FINANCE COMMITTEE FROM: CITY MANAGER DATE: DECEMBER 21, 2010 REPORT TYPE: ACTION DEP ARTMENT: ADMINISTUA TIVE SERVICES CMR: 453:10 SUBJECf: Recommendation Regarding Adoption of Ordinance Authorizing Closing of the Budget for the Fiscal Year Ending Junc 30, 2010, Including Reappropriation Requests, Closing Completed Capital Improvement Projects, Authorizing Transfers to Reserves and Approval of Comprehensive Annual Financial Report (CAFR) RECOMMF~NDATION Staff recommends that the Finance Committee review, provide input, and forward the attuched ordinance (Attachment A) und associated exhibits to the City Council for its approval to: close the Fiscal Year (FY) 20 10 Budget; authorize re-appropriation of FY 20 I 0 funds into the FY 20 II Budget (Exhibits A & B); close completed capital improvement projects (Exhibit C); and transfer remaining balances to the appropriate reserves (Table I for General Fund and Exhibits E & F for Enterprise Funds), In addition, staff recommends the Finance Committee review and forward to the City Council for its approval the City'S Comprehensive Annual Financial Report (CAFR) (Attachment B), BACKGROUND At the conclusion of each fiscal year (July-June) the City must close the financial system for the year and produce year-end financial reports, The reports along with financial data are reviewed by Maze & Associates, an audit firm hired by the City Auditor. Maze & Associates, produces a written assessment of the C'ity's year-end fiscal condition and this, together with other financial information, are what form the City's Comprehensive Annual Financial Report. For FY 2010 staff gave the Finance Committee a high-level, preliminary FY 2010 year-end update of fiscal condition on October 5, 2010 (Attachment C CMR: 369: 10). There are no major differences between the preliminary report and this report. CMR:45J:IO Puge I 0[11 The attachments to this report provide the necessary documents for closing the FY 2010 Budget and reauthorizing FY 2010 funds for the current FY 2011. In addition, they provide detailed information on the City's financial activities for FY 2010. This CMR highlights key liscal issues affecting the City of Palo Alto. The Management Discussion and Analysis (MD&A) chapter of the CAFR (Attachment B) also provides a discussion and analysis of the City's current fiscal health and includes financial statements, and performance information that is compared to the prior year, and capital asset and debt administration data. DISCUSSION Economy Like other cities throughout the country, the "Great Recession" adversely affected the City's General Fund resources. High wlemployment, the housing crisis, and low consumer spending have hit City revenues hard. Although there are preliminary signs of stabilization in some revenue categories such as transient occupancy taxes, the City continues to face declines or uncertain revenue streams in its property, sales, and property transfer tax receipts. Challenges on the expense side include: rising pension and medical costs; a signilicant retiree medical liability; and a substantial infrastructure backlog. The City continues to be proactive as it struggles to align revenues and expenses through service and program cuts, revenue enhancements, and reducing expenditures through employee compensation and benefit changes. In 2010, the City's General Fund reduced scrvices, deleted full-time positions, pared bcncf.its and drew modestly on reserves to balance its budget. For FY 2011, the City c10seda $7.3 million GF budget gap. At the end ofFY 2010, the City had $27.4 million or 19.7 percent orits budgeted expenditures and operating transfers for FY 20 II, in its General Flmd Budget Stabilization Reserve. A detailed discussion of the economy and FY 2010 revenues also is included in the CAFR MD&A page 3- 4. In addition, staff will present the 10 year Long Range Financial Forecast to the Finance Committee in February 20 II. Results by Fund General Fund The final FY 2010 result for the General Fund is a net loss of$1.8 million, which represents the difference between revenues and expenditures for one liscal year. The difference between revenues and expenditures, either a gain or loss changes the Budget Stabilization Reserve (BSR), a component of the fund balance. FY 2010 revenues were $4 million less than prior year primarily from reduced sales tax revenue. Other financial transactions impact a fund's balance sheet, which report the fund's assets, liabilities and fund balance. The General Fund balance consists of a number of reserves; the BSR, encumbrances, notes and loans, inventory, and prepaid items, uruealized gain on investment, and reappropriations. The $1.8 million loss, results in a draw on the BSR. In addition to the $1.8 million draw on the BSR, the BSR balance will increase ot' decrease as the balances in the other reserves change. The net effect of the draw on the BSR of $1.8 million and transfers in from other l'eserves 0£$4.4 million is an increase of$2.6 million resulting in an ending BSR balance of $27.4 million or 19.7 percent of budgeted expenditures and operating transfers for FY 20 II. This percentage is within the Council approved guidelines of 15 to 20 percent of budgeted expenditures. CMR: 453:10 P.ge2 of II At fiscal yearend, the fund balance for the General Fund totaled $41.5 million. This IS comprised of reserves for: Table 1 GENERAL FUND RESERVE SUMMARY ($OOOs) FISCAL YEAR 2010 Receivable Reserve IStr>r"~ Inventory Reserve I Pn90aid Reserve JnrElali;ted Investment Gain/Loss Reserve IReserl,e For Equity Transfer Stablization I~trrl"nt for Stores On"r~,tinr'~ CMR: 453:10 Balance 24,747 1,528 3,173 1,775 2,441 3,636 Net From 2,649 (98) 488 (285) 1,076 (3,636) Balance 06/30/10 27,396 1,430 3,661 1,490 3,517 o Page30fll The following graph provides a snapshot of the General Fund BSR balance and percentage of budgeted expenditures for the last ten years: Graph 1 ------------------------------------------------- General Fund BSR & Percent of Budgeted Expenditures FY 2001-2010 (in millions) $30r-------------------------------------------------------------------------------, $26 $20 $15 $10 $5 2001 2002 2003 2004 2005 2006 Fiscal Year 2007 2008 2009 2010 l $0 ------------------------------------------------------------- CMR: 453:10 Page40fll The following graph provides a five-year comparison of major General Fuhd tax revenues, Graph 2 Major General Fund Tax Revenues Fiscal Years 2006-2010 (in thousands) $31,000 1---------".--".------------- $26,000 $21,000 $16,000 $11,000 . $6,000 $1,000 CMR: 453:10 Page 5 of 11 The following graph provides a five-year comparison of General Fund department expenditures, 3 $35,000 . General Fund Department Expenditures Rscal Years 2006-2010 (in thousands) $30,000 I~~····~ .. -~~·~·· .. ·~ $25,000 $13.243 $1.3.469 $13.405 I I (I) FY 2009 postponed a budgeted $4.8 million transfer to the Teehnology Fund. This one-lime deferral was the General Fund share of technology cosl Bllocations and it will be addl'csr;cd in tl four year funding plan for till departments except Fire. FY 2010 Fire Department expenditures Include $1.2 million cost alloe.lions to the Technology Fund tbr FY 2009. Details of the Genera{ Fund are discussed in the MD&A pp. 15-19. The FY 2010 yearend Budget Amendment Ordinance (BAO) includes transfers of unencumbered appropriation balances between General Fund Departments, These reallocations (I) distribute non-departmental offsetting expense for the achieved $1.5 million in salary and benefit savings that resulted from the SEW contract imposed in October 2009; (2) distribute $1.7 million in attrition savings that was adopted in the midyear budget (CMR 150:10); (3) and reallocate remaining unencumbered appropriations to various departments that fell short after (I) and (2) were complete. '{be table below depicts a before and after view of these General Fund adjustments. Details of these reallocations can be found ill the Detailed Changes to the Adjusted Budget (Attachment A, Exhibit A). CMR; 453:10 Page 6 of t I Table 2 General Fund Reallocation of Unencumbered Appropriations (in thousands) Budset Remaining BeforeAdj Chanse After Ad) Actual Budllet City Attorney $3,383 ($127) $3,256 $3,216 $40 City Auditor 1,095 (20) 1,075 1,057 18 City Clerk 1,608 (65) 1,543 1,474 69 City Council 335 335 319 16 City Manager 2,654 (268) 2,386 2,327 59 Administrative Services 8,859 (807) 8,052 8,048 4 Community Services 22,216 (1,265) 20,951 20,846 105 Fire 26,621 1,576 28,197 28,180 17 Human Resources 2,906 (79) 2,827 2,778 49 Library 6,649 107 6,756 6,623 133 Planning 10,457 (336) 10,121 10,058 63 Police 30,219 (1,066) 29,153 29,090 63 Public Works 14,018 (523) 13,495 13,405 90 Non-Departmental 5,935 2,873 8,808 8,798 10 Transfers out 14,565 14,565 14,637 (72) Total $151,520 $0 $151,520 $150,856 $664 Capital Projects Fund For FY 2010, the Capital Projects Fund reported $25.9 million in expenditures and odler uses, an increase of $1.9 million from prior year. This level of expenditures is consistent with the City's effort to rehabilitate and maintain its existing infrastructure. The Capital Projects Fund balance totaled $83.8 million, an increase of $47.8 million. This increase is primarily from receipt of funds from General Obligation Bonds, issued in June 20 I O. The bond proceeds will finance costs for constructing a new Mitchell Park Library and Community Center, as well as improvements to the Main Library and the Downtown Library. The City is proud to report that it received an AAA credit rating from Standard and Poor's and Moody's. The true interest cost on these bonds was 4.2 percent, which is 1.22 percent lower than originally projected ip 2008 and is an indication of how well the bonds were received in the market. As of June 30, 20 I 0, the Infrastructure Reserve (lR) balance was $8.6 million, an increase of $1.6 million from prior year. The Encumbrance Reserve is $5.9 million, $5.4 million Icss than the prior year. Reappropriation Reserve balance decreased by $2.5 million from prior year Ibr a total of $15.2 million. A new reserve, Library Bond Project, has a balance of $53.5 million that represents the unused portion of bond proceeds. Bond proceeds are maintained by a fiscal agent and the Library Oversight Committee makes quarterly presentations to the City Council. A number of completed and closed projects with remaining balances at the end of FY 2010 totaling $108 thousand have been returned to the Infrastructure Reserve. This provides an additional source of revenues to the IR. CMR: 453:10 Page70fll Overall, the following summarizes changes to the City's General and Capital Fund reserves: • The General Fund BSR is 19.7 percent of budgeted expenditurcs and operating transfers for FY 20 II. This percentage is within the Council approved guidelines of 15 to 20 percent and shows a closing balance of $27.4 million, an increase of $2.6 million from the prior year. • Budget transactions included in the attached ordinance decreased General Fund reserves by $7 thousand. • The Infrastructure Reserve has a final balance of $8.6 million at the end of FY 20 I O. Since there is an infrastructure backlog and need totaling over $500 million, additional steps will be needed to address infrastructure needs in the near future. Enterprise Funds: The Rate Stabilization Reserves (RSR) for the combined Enterprise Funds increased by a net of $28.7 million for an ending balance of $87.9 million. Major changes include an $11.6 million increase in the Water Fund, $6.6 million increase in the Electric Fund, and $5.4 million increase in the Gus Fund. Exhibit F provides the balance changes for all reserve categories for the Enterprise Funds. The City faces ongoing fiscal challenges in the Refuse Fund and they are discussed further in the repoli. At the end of FY 20 I 0, a number of Enterprise Fund CIP proj ects were completed and closed (ExhibiLC). The remaining balanceLof these projects reverted to their respective reserves. Waler Fund The Water Fund ended the year with a net income of $7 million, an increase of $2.1 million from the prior year. At fiscal yearend, unrestricted net assets for the Water Fund totaled $28.7 million, which include $17.0 miJlion for RSR. The Water Fund also has restricted cash and investments of $27.9 million for the Emergency Water Supply project, funded by a bond issuance. Electric Fund For FY 2010 the Electric Fund had a net income of $9.4 million compared to a net loss of $7.2 million in the prior year. The increase is mainly due to lower utility purchase cost of $11.8 million. The RSR balance is $54.3 million an increase of$6.6 million from the prior year. Gas Fund The Gas Fund ended the year with a net income of $7.9 million, a decrease of $2.6 million from prior year. The decrease is primarily due to aiD percent rate decrease effective July I, 2009 and an increase in other linancing activities of $2.2 million. Tbe RSR has an ending balance of$18.5 million, an increase of $5.4 million from the prior year. Fiber Optics Fund 'The Fiber Optics Fund had a net income of $2.1 million, a decrease of $300 thousand from the prior year. 'The ending RS R is $8.3 million an increase of $1.9 miUion from prior year. CMR: 453:10 Page8o!'l) Wastewater Collection Fund The Wastewater Collection Fund had a net income of $4.7 million compared to a net loss of $63 thousand in the prior year. 'Ille RSR ended the year with a balance of $6,8 million, compared to $6 million for the prior year. Wastewater Treatment Fund Wastewater Treatment Fund ended the year with a net loss of $1.2 million compared to a net loss of $3,2 million in FY 2009. The net loss is a draw on the RSR, resulting in a negative balance of $12.4 million, compared to a negative $15,6 million for the prior year. A t fiscal yearend, unrestricted net assets for the Wastewater Treatment Fund totaled $11.8 million. This was comprised of reserves for: Table 3 Rate Stabilization Reserve ($12.4) million Reappropriations -Disinfection Facility Improvement Program $14,6 million Reappropriations.-other projects $2.6 million Emergency plant replacement $2.1 million Commitments $4.9 million The negative RSR balance is due to required accounting reserves of $14.6 million for the $20.3 million Disinfection Facility Improvement Program. As the Disinfection Facility Improvement Program progresses, the City will be reimbursed with grant and partner revenue and the RSR will move toward a positive position. Refuse Fund For FY 20 I 0 the Refuse Fund had a net loss of $2.7 million, resulting in a draw on the RSR. The prior year had a net loss of $5.4 million. FY 2010 saw a decrease in disposal fee income of $1.1 million, and increased refuse collection costs. The prior year included $3.1 million of additional costs due to an updated forecasted clo~ure costs lor the landfill. The ending balance of the RSR as of June 30, 2010 is a negative $4.9 million compared to the prior year negative balance of $2.1 million, 111e June 30, 2010 cash balance is $8 million, which satisties the State requirement of $6.7 million for post-closure liabilities. Council and stalf are working together to implement changes to the operations and rate structure to bring the Refuse Fund to a positive reserve position and to maintain the required cash position to satisfy the State requirement and ongoing operations. Storm Drainage Fund The Storm Drainage Fund ended the year with a net income of $2.5 million, a decrease of $900 thousand from the prior year. The RSR had an ending balance of a positive $286 thousand compared to a negative $1.1 million in the prior year. CMR: 453;10 rage 9 01' 1 J General Benefits and Insurance Internal Service Funds As requested by the Finance Committee in Dec. 2009, the FY 2010 CAFR presents the General Benefits Fund, Workers' Compensation Insurance Program, and General Liabilities Insurance Program as separate funds. Prior to FY 20 I 0, these funds were reported as the General Benefits and Insurance Fund. Retiree Medical Fund and Trust Fund For FY 20 I 0 the City's annual required contribution (ARC) for retiree medical costs is $9.8 million. During FY 2010, the City made direct contributions to CalPERS of $5.5 million in current year retiree premiums, which covered 795 retirees. The City also contributed $1.7 million during FY 2010 toward the California Employers' Retirees Benefit Trust (CERBT), and $1.8 million in early FY 2011 which was accrued for in FY 2010. As ofJune 30, 2010 the balance of the trust, including the contribution made in August 2010 since it relates to the FY 2010 ARC, is $34 million. The balance as of Sept. 30, 2010 reflects improvements in investment earnings. Total contributions from inception of the trust are $38.1 million, investments loss is $188 thousand and administrative cost is $65 thousand for an ending balance as of Sept. 30, 2010 of $37.8 million. The retiree medical liability per the January I, 2009 actuarial valuation was $129.7 million, less the value of the trust, $37.8 million, and direct contributions to CalPERS of $5.5 million leaves a net liability of $86.4 million. The next actuarial valuation of January I, 20 II will be presented to Council in early summer 20 II. RESOURCE IMP ACT Adoption of the attached budget-closing ordinance (Attachment A) allows for the re- appropriation and carryover of funding from the FY 20 I 0 budget so that specific operating programs and capital projects can be completed in the current fiscal year (Exhibit B). In addition, by closing completed capital improvement projects, balances (Exhibit C) are returned to the original funding source for future appropriation. Exhibits D and E summarize financial results for the General Fund and Enterprise Funds, respectively, by providing an analysis of the performance of these funds in comparison to the budget as adopted and adjusted by Council. Exhibit E reflects the changes to and status of major reserves. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. ENVIRONMENTAL REVIEW The action recommended is not a project for the purposes of the California Environmental Quality Act. PREPARED BY: J~ <7~ TRUD EIKENBERRY Accounting Manager, Administrative Services CMR: 453:10 Page 100fll DEPARTMENT HEAD APPROVAL: LALOP Director, Administrative Services CITY MANAGER APPROVAL: ATIACHMENTS Attachment A: Budget Closing Ordinance Exhibit A -Detailed Changes to the Adjusted Budget Exhibit B -Fiscal Year 2009 Re-Appropriation Requests Exhibit C -Capital Improvement Projects Completed and Closed in FY 2010 Exhibit D -.. General Fund Summary Exhibit E -Enterprise Summaries Exhibit F -Enterprise Reserve Summary Attachmcnt B: CAFR Attachment C: CMR: 369: I 0 Fiscal Year 2010 Financial Update as of June 30, 2010 CMR: 453:10 Pogellofll ATTACHMENT A ORDINANCE NO. xxxx ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING CLOSING OF THE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010 The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto and as set forth in Section 2.28.070 of the Palo Alto Municipal Code, the Council on June 15, 2009 did adopt a budget for fiscal year 2010; and B. Fiscal year 2010 has ended and the financial results, although subject to post-audit adjustment, are now available and are herewith reported in summarized financial Exhibits "A", "B" I "CII I "DII, "Elf, \\F" I and "GO prepared by the Director, Administrative Services, which are .attached hereto, and by reference made a part hereof. SECTION 2. Pursuant to Section 2.28.080 of the Palo Alto Municipal Code, the City Manager during fiscal year 2010 did amend the budgetarY accounts of the City of palo Alto to reflect: A. Additional appropriations authorized by ordinance of the City Council. B. Amendments to employee compensation plans adopted by the City council. C. Transfers of appropriations from the contingent account as authorized by the City Manager. D. Redistribution of appropriations between divisions, cost centers, and obj ects within various departments as authorized by the City Manager. E. Fiscal Year 2010 appropriations which on July 1, 2009 were encumbered by properly executed, but uncompleted, purchase orders or contracts. Page lof 5 ATTACHMENT A SECTION 3. The Council hereby approves adjustments to the fiscal year 2010 budget for Fund Balancing Entries as shown on attached Exhibit" "Au. SECTION 4. The Council hereby re-appropriates fiscal year 2010 appropriations in certain departments and categories, as shown on the at tached Exhibit "B", which were not encumbered by purchase order or contract, at year end into the fiscal year 2011 budget. ! SECTION 5. The fiscal year 2010 encumbered balances for the departments and categories shown on Exhibit "D" shall be carried forward and re-appropriated to those same departments and categories in the fiscal year 2011 budget. SECTION 6. directed: The City Manager is authorized and A. To close the fiscal year 2010 budget accounts in all funds and departments and, as required by the Charter of the City of Palo Alto, to make such interdepartmental transfers in the ,2010 budget as adopted or amended by ordinance of the Council; and B. To close various completed Capital Improvement Projects (CIP) as shown in "Exhibit "CN and move all completed CIP to their respective reserve funds indicated in Exhibit "Gil; and C. To establish reserves as shown, in Exhibits "E", "F" and "G" for all Funds as necessary to provide for: (1) A reserve for encumbrances and re- appropriations in the various funds, the purpose of which is to carry forward into the fiscal year 2011 bUdget and continue, in effect, the unexpended balance of appropriations for fiscal year 2010 departmental expenditures as shown in Exhibits "E" and "F"; and (2 ) Reserves for Advances to Stores Inventory, and other accordance with ordinance guidelines as shown in Exhibit Page 2 of 5 Other Funds, reserves in and policy "Etlr and --_ ....... _- ATTACHMENT A (3) A reserve for general contingencies of such amount that the City Council has approved; and (4 ) Reserves for utilities plant other rate stabilization, and accordance with Charter guidelines as shown Exhibit "G U • replacement, reserves in and policy D. To fund the Budget Stabilization Reserve in accordance with the General Fund Reserves Policy adopted by the City Council. SECTION 7. The Public Services Donation Fund is hereby decreased by Twenty Two Thousand Three Hundred Seven Dollars ($22,307) as described in Exhibit "AU. This transaction will change the Public Services Donation Fund Balance to $784,320. SECTION 8. The Child Care Fund is hereby decreased by Seven Thousand Two Hundred Eighty One Dollars ($7,281) as described in Exhibit "Au. This transaction will change the Child Care Fund Balance to $328,987. SECTION 9. The Street Improvement Fund is hereby decreased by Five Hundred Sixty Four Thousand Six Hundred Twenty Eight Dollars ($564,628) as described in Exhibit "Au. This transaction will change the Street Improvement Fund Balance to $530,000. SECTION 10. The Uni versi ty Avenue Parking Permit Fund is hereby decreased by One Hundred Six Thousand Six Hundred Forty Eight Dollars ($106,648) as described in Exhibit "AU. This transaction will change the University Avenue Parking Permit Fund Balance to $608,202. SECTION 11. The California Avenue Parking Permit Fund is hereby decreased by Ten Thousand Three Hundred Seventy Three Dollars ($10,373) as described in Exhibit "AU. This transaction will change the California Avenue parking Permit Fund to $336,344. SECTION 12. The College Terrace Parking Permit Fund is hereby decreased by Three Thousand Three Hundred Sixty Seven Dollars ($3,367) as described in Exhibit "Au. This transaction will change the College Terrace Parking Permit Page 3 of 5 ATTACHMENT A Fund to $51,694. SECTION 13. The Local Law Enforcement Block Grant Fund is hereby decreased by Fifty Two Thousand Seven Hundred Twenty Eight Dollars ($52,728) as described in Exhibit "Au. This transaction will change the Local Law Enforcement Block Grant Fund Balance to $180,213. SECTION 14. The Recovery Act JAG Fund is hereby decreased by Eight Thousand Eight Hundred Twenty Dollars ($8,820) as described in Exhibit "Au. This transaction will change the Recovery Act JAG Fund Balance to $15,650. SECTION 15. The Capital project Fund is hereby increased by the sum of Nine Hundred Ninety Two Thousand Five Hundred Forty Two Dollars ($,992,542) as described in Exhibit "A". This transaction will increase the Infrastructure Reserve Balance to $8,648,354. SECTION 16. The Electric Distribution Rate Stabilization Reserve is hereby increased by the sum of One Million Four Hundred Seventy Eight Thousand Eleven Dollars ($1,478,011) as described in Exhibit "A". This transaction will change the Electric Distribution Rate Stabilization Reserve to $9,484,000. SECTION 17. The Gas Distribution Rate Stabilization Reserve is hereby increased by the sum of Forty Four Thousand Six Hundred Twenty Dollars ($44,620) as described in Exhibit "AU. This transaction will change the Gas Distribution Rate Stabilization Reserve to $6,209,000. SECTION 18. The Water Rate Stabilization Reserve is hereby increased by the sum of Twenty Four Thousand Seven Hundred Six Dollars ($24,706) as described in Exhibit "Au. This transaction will change the Water Rate Stabilization Reserve to $17,036,000. SECTION 19. The Refuse Rate Stabilization Reserve is hereby increased by the sum of One Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars ($178,770) as described in Exhibit "Au. This transaction will change the Refuse Rate Stabilization Reserve to negative $4,935,000. SECTION 20. Upon completion of the independent audit, detailed financial statements reflecting the changes made by the Sections 7 through 18 of this ordinance shall be Page 4 of 5 ATTACHMENT A published as part of the annual financial report of the City as required by Article III, Section 16, of the Charter of the city of Palo Alto and in accordance with generally accepted accounting principles. SECTION 21. As specified in Section 2.28.080 (a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECT~gl:'l 22. The Counc il of the Ci ty of Palo Alto hereby finds that the enactment of this ordinance is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 23. As provided in Palo Alto Municipal Code, this effective upon adoption. Section 2.04.330 of the ordinance shall become INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM; City Attorney Mayor APPROVED; City Manager Director of Administrative Services Page 5 of 5 GENERAL FUND CIIy _mey city Auditor' Use Cnl;!ngas CIIyCler' Use Changes Citty Manager Use Changes Adrnlnlatratlve Services Uille Changes Community Servicea U.e Changes Fire Use CIlangas Human SsrvIeu Llbr"'l' I!KHIBIT A CITY OF PALO At TO FISCAL YEAR ENDING JUNE 30, 1010 I!UDGET SUMMARY DETAil CHANGES TO TfiE ADJUSTED BUDGET Commitment llom F¥ 2010 VeBrEndAd NOll SalalY (55.126) R~allocarlolllo Firs SoIaJ)< __ -;:(~7",I,~a~60~) MIoy .. r Vacancy S ... ng. !121,(l14) Non SBlary (1S.ZiO-) Realfocetion 10 Fire: Solary (15,3311 Imp""od SEIU Terms S.IOry __ -,(!;:3~O,,,,OI,,,i~) Midy •• r V.cancy S."ng. (&5,1661 Non SalsfY (87 ,625) R~alloca1jon to flrl;) Salary (1 SE1U Term. sajary::::::::::::j~~~Mj,jyaar "ac,""y Savings Non Salary (609,529) Reallocation \0 Fire/Library Salary (90,700) Impo.od SEIU Term. Salary __ -,:1'(9,,8;:;,S;;I:;:3f.) MldyearVscancy Savings (&06,742) Non Solary Sa'ary Sa'iJry (IS8,38S) Re.lI.callon to Fir. (376,621» lmpo.odSEIU Term, ... J!2.o,?~l.. Mldy •• r Vacancy S"'ngs (1,265,1.9.6). Salary 64,266 ReaUocelion from PoI1c6 Oeserl tion Salary 1,53-1,514 Raa\\ocatlon from varlooe: departmenls SalaJ)< __ -;-:1!:;1;;9'C;34",O:c1 Imposed SE'U Term. 1,1i18,46il SswI)' 318,571 H€HiIloonllo!1 from Polica B!1d ASO S.'.ry (lee,SIS) lmp"""d SEIU Term_ Salary __ ----:("'45?,~26;;;3;CJ Midyolll V_nov SaYing_ 1D5r393 Pltlflfllfl9 and Community environment Salary NonSa!ary 5.1"", 192,357 Remlocalionlrom Poli::e (20,000) Reallocationlo FJre. (229,150) lmpoeod SEIU T arm. 5.1''' __ ~ fI.'fidygar Vacanc)' Savirtgs F'agc1of4 12/14/2010 Fund Police Use Changes Public Works Use Changes Non Departmental Use Changes Net Changes To (From) Reeervee Fund Balancing Entries Public Services Donations Fund Use Changes Net Changes To (From) Reserves Fund Balancing Entries Child Care Fund I Use Changes Net Changes To (From) Reserves Fund Balancing Entries CAPITAL PROJECT FUND Source Changes Use Changes Net Changes To (From) Reserves EXHIBIT A CITY OF PALO ALTO FISCAL YEAR ENDING JUNE 30, 2010 BUDGET SUMMARY DETAIL CHANGES TO THE ADJUSTED BUDGET Commitment Item Salary Non Salary Salary Non Salary Salary Salary Salary Non Non Non Non Non Non Salary Salary Salary Salary Salary Salary Salary Salery Salary Oeseri tlon (587,000) Reallocation to Fire, Library, Planning and Public Works (155.680) Reallocation to Fire (322,872) Imposed SEIU Terms (1,065,552) (143,970) Reallocation to Fire 64,286 Reallocation from Police (253.533) Imposed SEIU Terms (189,703) Midyear Vacancy Savings (522,920) (325,000) Reallocalion to Fire end Library 1,494,096 Imposed SEIU Terms 1,704,000 Midyear Vecancy Savings 2,673,096 ____ --'-_ Changes in Budgel Stebilizalion Reserve 1,615 Transfer to fund training 3,966 Trensfer 10 fund olher supplies and materials 4,340 Transfer to fund training and safety 4,550 Transfer to fund recrealion and housekeeping supplies 1,189 Transfer 10 fund printing end mailing services ___ """"",6""6,,4,,,7_Transfer 10 fund olher conlract services 22,307 (22,307) Reserve Belance ___ ,,(2,,2"',3,,0"-7L) Decrease changes in Olher Fund Balence Non Salary Non Salary Non Salary Non Salary Non Salary 3,954 Transfer 10 fund programs and projects 1,506 Transfer 10 fund advertising and publishing 388 Transfer to fund other contract services 51 Transfer 10 fund travels and meelings ___ ~I,",3,,6C'2_Transfer to fund printing and mailing services 7,281 (7,261) Reserve Belance ____ ("7-",2,,6,,IL) Decrease changes in Other Fund Balance Operating Trensfer 564,628 Transfer from Sireel Imrpovement Fund for street maintenance 564,626 Non Salary (107,719) To close various completed projects and return balance to reserve To return excess budget for salaries and benefits to reserve Salary __ -!' 992,542 Page 2 of 4 12114/2010 Fund Fund Bamnelng Entrlee SPECIAL REVENUE FUNDS sj.",,( (mpi.""m.r\t~(lnd . Use Changes Net Char1gea: To {From) Reserves fund Balancing cl1trieS N91 Changes To (From) Re-serv9il Fund Balancing Enn/as Callfaml. J\V.n~. P •• ~lng Permit Fund: . Use Changes Net Changes To (From) ~eserveB Fund Balancing Entries CQlleQ'tt it.rrace Parking Pell'nlt fund Use Changes Net Changes To {Fr~m) Reserves Fund Balancing £ntrio5 Us-eChanges Net Changes To (From) R.eserves Fund Balancing Entries Use Chang08 Fund BalancIng Entrlos ENTERPRISE FUNDS ElaC\rlcFund' . U80 changes ElGIlBITA CITY OF PALO ALTO FISCAL YEAR ENDING JUNE 30, 2010 BUDGET SUMMARY DETAIL CHANGES TO THE ADJUSTED BUDGET Commitment Ilttm FY ZOIO YearEnd A Reserve Salance---"m=,54=2:-1nueaee In lntra&tructure Reserve Operating TfBl1Ster ___ ~ TraO$fer tQ capital Proje¢t FuM (564,626) R eeerve BRiante (564,628) DecreMe cttatl$jt.re in Other Fund Ba's11oo Operating Transfer ___ .;:10o;6?,.6"4,,,B,-Trsns~r to RerUlile Fund 106,843 110M'S) Opora!lng Trans-fer ____ 1~G"',327~3~Transfer to Raruse Fund W,373 Reeerve Balance ___ .I.(1~0,,!3:.!7:.3L) OacrlJase Changes in Other Fund Balance Non fTlembenlhlp ___ -"=::..<.D"""'''. Changes In Daher Fund 8a1fP,1OS Non Salmy 40,500 Transfer to fund program and computet expeMe Non ___ ~~;-TranafS( 10 nCf'.cBpltallao!s and e:qulpment Reserve 6alance ___ .I!{5~2;C!7.!26!!)LOecteBae chlinges in Olher Fund Balance Non Salary ___ -':8'>;,9~20~ . Transfer \0 ioatruction and training 8,8i) Resorve Balance ____ (8~,B~2!!O)LDecreaae changes 1" Olhef Fuf'd 8alance Nen SSIw)' 1211412010 Nat CltangO's To (From) Reflerwtl fund Bajancing Entftes UsaChangea Nat Changes To (From) ReaelV8fi Fund Balancing Entrios Ole Changee Net ChMgee To (From) Rs80'lVU Fund Balancing Entrl06 RofUlo Fund Source Changos Use Changetl Nel CbangeB To (From) Reserve-a Fund Balanclng Entrle. EXHIl3IT A CITY OF PALO ALTO FISCAL YeAR ENDING JUNE 30, 2010 BUDGET ~UMMARY DETAIL CHANGES TO THE ADJUSTED BUDGET Commltment Illl .. Deser! tion onmpleled projects snd rSlwn balanc9 10 fa95IVa Ros£<rva Belance ___ c:44~,6"2,,,o_lncreasa In Dis!nbullon RSR~ Gas No. dose com¢eled pro~Clli and return balance to resel\la Reserve Balance ___ -'2,,4"',7IJ""'6_1ncraaa6 Rate Stabibzalloo Re&9f'f1il Operating Trensfer 106,646' Tranerer from University Avenue Parking Pamllt Fund Operating __ -::+;~:;...Transr6r from California Avenue Par~lng Pe~mll Fund (61, 749) To close compleled projects and return balance to reserve (61,749) Page 4 of4 12/14i201Q EXHIBITB FY 2010 REAPPROPRIATION no.",,,,,,, $ COMMENTS/REASONS AMOUNT INTENDED USE FOR NOT COMPLETING IN FY 2010 STATUS City Manager's Office $55,000. High Speed Rail Project 'fhis reappropriation i. being requested fur Recommended $55,000. There is staffing coSls relaled to the IJigh Speed Rail sufticlenl balance in the Fiscal Year Project. Per CMR 261: 10, Council approved • 20 I 0 budget that can be the appropriation oUSS,OOO from the FY 2010 reappropriated. Council wn!ingen<;y In fund these costil. Planning Department $40,000 . High Speed Rail This reappropnation is being requested for Recommended $40,000, There is I'rojec! contract services related In the High Speed Rail .umclent balance in the Fiscal Year Project which is a multi·year project that does 2010 budget that can be not have an identified source oHunding, In reappropriated, FY 2010, this project Was fundoo by the Council contingency and was also absorbed by the Planning Department budget. There is remaining budget from the Destination Palo Alto contract in FY 20 I O. Part of this remaining amount is being prupoRed 10 be • reaoorouriated to the HiJlll Speed Rail Proiect $4(},000 Development Cenlnr This reappropriation is being requested for Recommended $40,000. There is Restructuring Project eOlllract services related to the restructuring at suftident balonce in the Fiscal Year tbe Development Center, Although it was 20 I 0 budget that can be mandated by the City Council, this project does reappropriated, nol have a designated budge!. There is remaining budget from the Denination Palo Alto contract in FY 20 10. Pa,t of this remaining amount is being proposed to be reoppropriated to help complete this project Page lof4 12114.'2010 $ COMMENTS/REASONS AMOUNT INTENDED USE FOR NOT COMPLETING IN FY 2010 STATUS Administf<ltive Servicel' $50,000 Special Studies This reappropriation is being requested for the Recommended $50,000. There is funding of special studies that arise related to sufficient balance in the FiscolNear the Stanford Expansion, Palo Alto Airport, 2010 budgephat can be Cable Franchising, or other projects as reappropriated. necessary, The budget for contract services in FY 20 II is entirely comprised offumling [or specific identified contracts, leaving no room for unanticipated contracts. This reappropriation allows for funding f01' assistance on special projects related to the City's finances, Utilities Department-Efectric Fllnd $2,000,000 Electric Efficiency This reappropriation is being requested to fund Recommended $2,000,000. There is Financing Program an electric efficiency financing progrum for sufficient balance in the Piscal Year nonresidential customers through a third party 20 I 0 budget that can be contractor. On December 7, 2009, Council reappropriated, approved using up to $2,000,000 from tile Calaveras Reserve to develop this four-year pilot program (CMR 430:09), It was Council's intent that these funds be used for a four-year program and rolled over throughout the length of the program. The contract is expected to be signed by June 30, 20 I 0, The program will begin in Fall 20 I O. $459,700 Cuslomer rebates for This reappropriation is being requested to fund Recommended $459,700. There is energy efficiency customer rebates for completion of energy sufficient balance in the Fiscal Year projects effieiency projects, A very I.rge number of 20 I 0 budget that cnn be energy efficiency projects are either committed reappropriated, or projected to be completed. while only a small percentage of projects have been completed 10 date, Actual payment of rebates will occur as the projects are completed in FY 201 L These energy efficiency projects support Council's environmental .ustainability objectives, Page 2 of4 12/1412010 $ COMMENTS/REASONS AMOUNT INTENDED USE FOR NOT COMPLETING IN FY 201 0 STATUS $300,000 Customer rebates for This reappropriation is being requcs\1:d (0 fund ReeoD\mendad $3110,000. TI.ere is solar electric customer rebates for the installation of sufficient balance in tn\) Fiscal Year (photovoltaic) systems pholClvaltaic systems. S6 I requires California 2010 budget (Il.t can be electric utilities to offer inoon(ives for solar reappropriated. electric systems installed on customer facilities after January I, 2007. Because there is uncertainty in knowing when a customer will complete the solar installation, it is difficult to match the rebate payments to each year's program budget. The reason for this , reappropriation request is to carry forward fllnds from FY 2010 to FY 20 II to help cover the large arnount of pending rebates. Each year $1,300,000 is budgeted for this program. Between January 1.2007 andMa)' 19,2010, over $3,600,000 in rebates has been paid. Tbe program has reserved an additional $2,700,000 I for pending !l)lplicntions. Utilities Dl!!partment-Water Flind $54,000 Customer rebate This reappropriation is being requested for (he I Recommended $54,000. There is program for cu~tomer rebate program for water/energy sufficient balance in the Fiscal Year waterlenerb'Y reduction reduction projects. The Santa Clara Valley 20 I 0 budget that can be projects Water District (SCVWD) currently otTers reappropriated. rebates for innovative water/energy reduction projects through the existing Water Efficiency Technology program. The goal of the prograIll is to encourage individuals 1.0 implement innovative projects that will result in cos(,- effective waterlenergy savings, Thi, reapprorpriation is being requested to expand the program In Palo Alto in coordination witb SCYWD. ; Public Works Department-Storm DraifJllge Fund $629,718 Storm Drain Innovative This rellppropriaUon is being requested fIJI' Recommended $629,118, There is Improvements innovative stonm drain improvements. These sufficient balance in the Fiscal Year funds must be reappropriated because they 20 I 0 budget that can ba have been specifically eanmarked for reappropriated. Innovative .tonm drain Improvements per the 2005 Storm Drainage ballot measure approved by the Palo A Ito property owners, These fu1Id. have been budgeted for a storrnwater rebate program that offers incentives to residents nnd buslncsses to reduce stotmwater runoff. However, the rebate prograrn has not genemted sufficient demand In .pend the funds, Staff plalls to utilize the unused funds ill FY 2011 for an innovative storm drnin improvement project in the Southgate neighborhood, , Page 3 of4 12I14/201Q $ COMMENTS/REASONS AMOUNT INTENDED USE FOR NOT COMPLETING IN FY 2010 STATUS Admilll.ftrntive Services Department-TechllofrllIJl Fund $94,000 Update of the City's This reappropriation Is being requested for Recommended $94,000. There is [n[oml.tion contraci services related 10 the update Qf the sufficient bolanee in the Fiscal Yeur Technology Strntogic CilY'slnformation Technology Strategic Plan. 2010 budget thai eM be Plan This reappropriation is needed ro supplement reappropriated. the cost ofthe full project, which is to be I . comoleted in FY 20 II . $100,000 Infrastructure This reappropriation is being requested for Recommended $100,000. There is Replacement Infrastructure server equipment purchases and sufficient balance in the Fiscal Year computer purchases. Not all of the 20 I 0 budget that can be infrastruclllrc server equipment could be reappropriated. purchased in FY 2010. The FY 2011 budget is nut adequate to cover the cost of all the necessary servers to adequllIely serve the organization. In FY 2011, purchases will be usell for planned system upgrades of existing server •. We plan on purchasing and implementing HP Service Guard which will allow us to enable our enterprise servers with recovery capability. Page 4 of4 12/14/2010 NUMBER General Fund FD-09001 PD-03003 PD-04010 PD-O·IOt1 Po-050t 0 PD-93012 PE-05002 PE-95030 PL-02005 PL-07000 PL-07003 EI§Qtrlc Fund EL-05001 EL-03001' Ec-03005' EL-03013' EL-05003' Gas Fund GS-07000' Water Fund WS-Ol0l0' WS-Ol014' Refuse Fund RF-OSOO2' EXHIBITC City of Palo Alto CAPITAL IMPROVEMENT PROGRAM PROJECTS Compleled and Oosodln FY 2()1() TITLE Fire Apparatus Equipment Replacement Additional Fire Frequency Fire Portable Radio Replacement Civic Center Parking Securily Upgrade Police Vehicle Mounted Video Recording Fjre Communications Computer System Main Library Reconfiguration Downtown Garage Parking Structure EI Camino 1 Venlura Traffic Signel Downtown North Traffic Circle Hardscape Cal Train Station Connectlvily Improvemenls Colorado Sw Stalion 115Kv UndergrDUnd Dialrict 39 Underground Districl41 Utilities Estimating System Relocation -Alma Subs!alion Elwell Court Tenant Improvements Reservoir Booster Slation Reservoir Pump Slation Byxbee Park Gas System Upgrade " Projects are closed. No expenditures were incurred in the current fiscal year. Page 1 011 724 418 3,931 1,644 11,001 60,000 30,000 Total 107,718 1,143,983 54,987 261,880 15,094 2,067 Total $1,47B,011 44,620 Total $44,820 24,644 62 Total $24,706 61,749 Total $61,749 12/1412010 Taxe.s Oceupallcy Tax Fines & Penalties lor Services onln .... eslmcnt Other Ageneies to Other FundS' [IY 2010 Adoptod Budget 19,650 25,752 7,000 11,250 5,633 20,238 5,056 1,900 13,655 92 10,643 1,605 FY 2010 Adjusted Budget 17,313 25,778 6,639 11,417 .1,584 18,932 4,596 1,662 13,786 323 10,546 1,739 EXHIBITD FY 2010 CAI<[( U •• i. RevlJo:.p 17,991 25,982 6,858 11,2% 5,754 19,732 4,577 2,682 14,397 332 2,439 FY20W Allocated Charges. 11,02B 117 [lY 2010 Ellcum+ Jteupprop ni. lila .1. 01, .i, nl, p//l ni, .1, .i, ni. nia nla 5.9'20 nIl'! 2,569 999 1,512 296 2,395 Services 6,761 Sen"icGs 21,B76 2.j, 166 2,B37 6,3B.1 9,858 29,998 13,484 Site (D) 6,925 CAFR ReconciliatIon: 3,256 2,50B 75 1,075 927 31 1,543 1,387 67 335 2B7 I 2,386 2,196 86 8,052 7,50B 364 20,951 16,454 4,052 28,197 24,292 3,441 2,B27 2,540 167 6,756 5,902 4B6 10,/21 B,557 793 29,153 26,620 2,239 13,495 9,793 2,740 8,808 8,742 CUI'rent year cneumbrancc/rcappropritl.1ions Prior Year ellcumbranceslrcuppropriolions CAFR Net Income (A) .$3.636 Equity Tmnsrer Su~b-iliza[ioll Reserve tmnsfer 10 GAS and Eleetric FUlIds. (0) $5.9M Adjusted Budget includes. $3.9M sfliluy and bcncfi( savings co be neg.oliflted and achieved Page 1 of 1 633 99 20 31 45 176 340 447 71 235 70B 231 Bn 55 FY2010 FY2010 Budgetary Variance Rn/K"p Adj Dudger 17,991 25,982 6,858 11,296 5,754 19,732 4,577 2,682 14,397 332 11,028 2,556 3,216 1,057 1,474 319 2,327 8,048 20,846 28,IBO 2,778 6,623 1O,05B 29,090 13,405 8,798 3,965 (5,920) (1,767) 678 204 219 (121 170 800 1,020 611 9 4B2 817 41 19 70 17 60 5 105 17 49 133 63 62 90 10 12/14/2010 EXHIBITS WATER fUNO ($OOQ) FY2COl1 FY 2010 py 2010 fVarfancu ActuallE"e Ad]ua11l:d ActualJEnc Favorable: """ Reapprop a •• get RO·PProp (Unfavor,l REVENUE Water sales 26,686 28,016 25,841 (3,075) Other revenues 2,788 2,389 3,113 744 Bond Proceeds 35,000 34,958 (42) Reappropriations I Ene 11,673 20,113 20,113 " , EXPENSES Purchases 8,413 10,354 9.081 1,293 OtharExpensas 14,679 12,487 13,810 (1,323) TOTilL OPERM;NG EXPENSES 22,982 22,841 22.871 (30) Capital Expenses 26,110 48,655 49,155 (501)) Principal Payments 351 362 362 " l'l'QtAj,;jliil(ji![Iil!e~ "" :;0'-;;:;:;',_ ___ J';~t; '.';,.,;'~'~'~.~ )t<liI(fflf,!!I!)'Rllilli:RVIiS' -,~ :"""" .;:.:q8~l"Om ELECTRIC FUND FY 1009 FY 2010 FY 2010 $ VarfanlCu AcluallEne Adjusted Aotual/Em: Favorablu """",}~!,~1!!~ ____ SudgoL Rl)a~p.~2p (Un,.vor,1 REVENUE ~1.oIri<; ,.,.iI •• Ie. 106,463 112,624 111,140 (1,464) Electric wholesale sales " " " " Olher revenues 24,462 20,735 19,535 (1,200) Bond Proceeds " " " Rel'Ppropriations f Ene 7,551 10,900 10,900 " r,:XPEN8ES Purchases 82,348 77 ,719 63,713 9,006 NCPA & TANe Debl Svo 8,086 7,759 7,819 (60) Other Expenses 43,453 49,011 44,870 4,141 TOTAL DPERAnNG EXPENSES 133,881 134,489 121,402 13,OB7 C""ltl!l E 'po ...... 16,743 16.483 18,550 (67) Principal Paymenl. 100 100 100 " i Pagiil1 of" 1:211412010 eXHIBIT e ------~~~~-~~ ~ -~~ ~FiBER OPTICS FUNO-~ -~~ ~ ~ ---~---~ HZOO9 FY Z{ltO FY 201{1 $ VarJanc!I Ac:luallenc AdJlJsted Ac:tuiltfEnc Favorable Roapprop B!.!~i!i Ro".W"p (Unfavo'.1 REVENUE Revenues. 3,790 2,990 3,593 603 Renpproprialions I Ene 182 607 607 ~ EXPENSES Operating E>cpanses 1,710 1,387 1,510 (123) TOTAL OPERATING EXPENSES 1,710 I 1,387 1,510 (123) CB~ilBl Expenses 691 811 856 (45) 1!'t'~)(ER:IAMt'l!!~~t$\i.+~Il$fsllg'il$;Hil&i?'HI"fIlmJ' '"--'" , ·,hH __ ., __ -__ '" _____ JgV~-j.lr"'~"-""" __ -L w/'1_/. ~ _,) _._ I GAS FUND FY 2009 FY 2010 FY 2010 $ VarIance AcluilllErte: AdjueteCl ,Aelu.VEru; Favorabls Reapprop Budget R .. pp,op IUnfavor,i REVENUE Gas retail sales 47,425 44,517 43.502 (1,015) Gns wholesale sales ---~ Other revenues 21062 2,417 3,248 831 Re1tppropr(ations I Ene 8,287 12,063 12,063 - EXPENSES Purchases 25,091 26,891 22,529 4,362 Other Expenses 13,580 16,457 16,191 266 TOTAL OPERATING EXPENSES 38,671 43,348 38,720 4,028 Capital Expenses 17,953 14,329 14,284 45 Principal Payments 443 443 - Page2.af4 1:<'/14/201(1 . EXHIBIT E WASTEWATER COLLECTioN FUND ~ ~~-~ REVENUE Revern.res ReappmpriaJions I Ene FY~oe ActuelfEnc Rttapp;rop 15,466 6,545 FYn1~ AcijustOO eu~~ ____ 15,955 7,122 FY 1U111 $\'arhmce ~hla:11e1\C FavCl'lltlI9 R •• iV_.r, 15,914 (74) 7,122 lrI:~'tA.~ilU\l1llilillJ!i'i:iifi'(U;::::ii;i:: :i:i':~i~'f~ ,§1lliSii:"~'tt\i" :~ft:g3:jl3i~ . .::;i'flt'lfj, EXPENSES Sewer Treatment E;;:p. OperaUng Expens6s TOTAL OPERATING EXPENSES Capital Expens •• Pnoolpal Paymenl!i 6,131 • 4,785 . 10,916 11,246 58 7,933 4,623 12,556 10,906 61 WASTEWATER TR5ATMENT FUNO REVENUE Operating Revenuos Restricted Bond Proceeds Loan Proceeds Reappropriatlons/ EnG Bonded RoapprofEncum EXPENSES Operating Expen.ses TOTAL OPERATING EXPENSES Capital Expenses Prindpal Payments FY 2008 Actu2lLfE;~ R •• pprop 23,614 2,210 ! 15,733 : 17 15,510 1MI0 34,577 ~61 FY 2010 Adjusted; SUdgit 21,987 26,298 19.572 19,572 28,890 364 6,519 4,244 10,763 11,441 61 FY 2!.i1!.i Actual/Ene R~pprop ·.i,D. 11,550 4,528 28,298 lB,I22 18,122 26,654 364 1,414 319 1.793 (535) $: Vananc(t FavQrllb1e IUofavor.) (4,437) 4,528 1,450 1,450 236 EXHIBITE ~.~~---~-~ -----~-~----~~--~-~ ~~ ~ REFUSE FUND FY ZOOB FY 2,010 FY 2010 $ VarIance AclU_flEnc AdJuflt>ed Acll.l'allEnc Fa\lOrBble- Reapprop Budi<n Ro.,pprop IUnfavor.l REVENUE Revenues 30,022 37,323 29,163 (8,160) Reappropriations J Ene 1,874 3,021 3,021 . EXPENSES Payments to GreenWaste 9,504 15,070 12,478 2,592 Other Expenses 26,334 22,256 19,582 2,674 TOTAL OPERATING EXPENSES 35,838 • 37,326 32,060 5,266 Capital Expenses 2,72() I 3,890 2.207 1,683 lilII'\111(liiOCQtlJl"!!s.V~$"'ti""il':"'~';:'Xil";";;:X~'~~2) )(~ '< •. " ) -,L _ _ -__ :N:h"-<,-",,n,/\\j&>_i!' ,,;, _ ~ ,'_ '" STORM DRAINAGE FUND FY 2009 FY2010 FY .1C10 $ Varlanc:e Actual/Ene Adjusted AC~QIJEm: F~vor.abJe Reapprop Budget Reapprop (~!?!~ REVENUE Revenues 5,824 5,651 5,815 164 Reappropljal~ns f Ene 4,683 2,305 2,305 - EXPENSES Operaling Expenses 2,418 3,913 3,292 621 TOTAL OPERATING EXPENSES 2,418 3,913 3,292 621 CapitlllExpenses 7,418 3,748 3,039 709 Principal Payments 385 405 405 Page 4 of 4 12/1412010 "ISCAL YEAR 2OlO : Rate stabilization Geooral RSR SupplV RSR DistributiOn RSR Total RSR , Emergency Plant Replace jColave,as 'Underground loan COnservation loan Landfill COrrective Action Shasta rewind loan Central V •• ey Project Public Benellt Program ij~~!rilI;~ty~~c,;"i . fISCAL YEAR 2010 5,883 307% Water $17,037 17,037 1,000 EXHIBIT F 13,022 6,738 (1,147) 95% 150% 115% 892% -116% -21% RESERVe: DETAIL Electric Flb.tO "" Ga. WWC WWT RefMSe Storm Total $B,2l0 $6,772 ($12,386) ($4,935) $2136 $15,044 44,855 12,339 57,194 9,484 6,209 15,693 54,339 6,270 16,546 6,772 (12,386) (4,935) 286 87,931 1,000 1,000 1,000 1,000 2,160 7,160 59,665 59,865 731 731 65B 656 305 306 3 750 3,750 ;t¥'i'll'03""~'·'",,;;>Ii:f.Dt;)j':1:;O:!!'lIij"'""~"!l»:i"~1~~!'i:~~':·;r"ftK'lij~*±:;;~~'l?;;i:lr;il'iii''''~;n~'!J'~tiiO''~''!'!I -~-,-',,~<_ 1 ... _""",,~,~·_ ,1!'t:~",.. _ '" A _ ,\,JIi;'lflfl:1f\4',H _ ~_ vv •• S ¥S;f,'f'lff; ,_ L-__ "-_-'Yl"A'~Z"'i,_10f1,_v_~_jl+//:,r7!9.:~t~P}Lj"i,;,~,~",f!t'!.iliji; RATE STABILIZATION RESERVE Water Electric Fiber Optla Gas wwc WWT Refu"" Storm Total Beginning RSR $5,400 $47,763 $6,436 $13,182 $6,001 ($15,602) ($2,844) ($1,096) $59,258 To(from) RSR 11,637 6,556 1,834 5,366 771 3,216 (2,091) 1,364 28,673 ~1rdl!it:J[iijil]1?;~~; I'i:hll~r'11i.f)i)~R$[~~~~~~JJ'QI!~[~1i~1!;!OO!ll~fl!~~i:~~_l~~~.f.'Wm:;;:~~~~··XiHljjii:li;tift! RSRMlnlmum RSR Maximum RSR % of MaXI mum 4,317 6,63~ 197% 91,442 59% 547 1,367 605% 9,399 18,798 99% Page 1 of 1 2,151 4,303 157% 3,199 6,397 -19'1% 3,242 6,463 -76% N/A N/A NiA 68,576, 137,424 64r)/-u 12114/2010 FILENAME 1 Excerpt from the minutes of December 21, 2010 FINANCE COMMITTEE Special Meeting Tuesday, December 21, 2010 Chairperson Schmid called the meeting to order at 6:06 p.m. in the Council Conference Room, 250 Hamilton Avenue, Palo Alto, California. Present: Schmid (Chair), Espinosa, Klein, Scharff Absent: 3. Recommendation Regarding Adoption of Ordinance Authorizing Closing of the Budget for the Fiscal Year Ending June 30, 2010, Including Reappropriations Requests, Closing Completed Capital Improvement Projects, Authorizing Transfers to Reserves, and Approval of Comprehensive Annual Financial Report (CAFR) David Ramberg, Assistant Director Administrative Services Division spoke regarding the Staff’s recommendation for the Finance Committee to approve the CAFR. He said this was a required step and it was what carried over the funds from one year to the next. In October Staff presented the Committee with a preview stating there should be no major surprises; he said that things seemed to be on track. He said Staff tracked the salary savings from mid-year adjustments, and they were successful. The 2011 budget had no adverse affects from the 2010 budget. The General Fund Reserve was healthy Trudy Eikenberry, Accounting Manager discussed the changes to the CAFR as requested by the Finance Committee. The 2012 budget would contain the same changes. She said the Benefit Fund ended the year with $200,000 and the General Liability and Workers’ Compensation Funds were $100,000 each creating a situation where there was not a lot of room for fluctuation. Council Member Klein disagreed saying there was room for fluctuation. FILENAME 2 Mr. Perez clarified that if there was a negative impact they would have to draw money from the other funds and fix the gap. Ms. Eikenberry discussed the General Fund. She stated the balance for the General Fund ended at a net loss of $1.8 million ending with a fund balance of $41.4 million. The Budget Stabilization reserve was impacted by the loss but it still increased $2.6 million because the other reserves did not require as much funding. The percentage for the Budge Stabilization Reserve was 19.7 % of Fiscal Year 2011 (FY11) expenditures and operating transfers and was within the Council guidelines. Mr. Ramberg said the encumbrance amount was carried forward to satisfy commitments in 2011. Ms. Eikenberry said the CIP Fund ended the year with $25.9 million in expenditures including operating transfers out of 3.9 million. The fund balance ended the year at $83.8 million an increase of $47 million over the previous year because of Library Bonds. The CIP Fund commitments were $21.1 million. She spoke about five years of expenditures in all major categories for CIP projects. The Enterprise Funds ended on a positive note with a gain as well as a positive RSR. She said the Wastewater Treatment Fund had a negative RSR of $12.4 million. She said the Refuse Fund ended the year with a negative $4.9 million in RSR. It had a cash balance of $8 million which was sufficient to fund the state mandated funding for the closure. She said that a post closure liability of $5.1 million was from future revenues and did not have to be in the fund at this time. It did have to be budgeted for going forward. The BSR should be structured so that revenues exceed expenditures, which had not happened in recent years. The RSR was a combination of gains and losses along with other commitments. She discussed a graph of the major enterprise funds and all were within the minimum and maximum amounts except the wastewater treatment and refuse funds. Council Member Klein said that he did not see the sales tax revenue comment supported by the chart on page five of the Staff Report. Mr. Perez said it would be in the fees and permits information. Council Member Klein said the community should understand where the reductions were and the report should be made clearer. FILENAME 3 Mr. Perez said they may provide a table that shows that information on the next report. Council member Klein said regarding the Retiree Medical Trust Fund he didn’t understand the liability per January with direct contributions to Cal Pers. Ms. Eikenberry said there were two ways to pay one was direct and one goes into the trust fund both reduce the liability. Council Member Klein said he was concerned they were double counting. It seemed the contributions made in August 2010 would have included the 5.5 million in contributions. Ms. Eikenberry said that even though the trust was at CalPers it was separate from making payments directly to Cal Pers. The trust was just for current employees not for current retirees. Mr. Perez said that was what the $5.5 million was only for current retirees. Ms. Eikenberry said the next valuation would use a January 1st date and would be brought forward in April and the liability would be high again. Mr. Perez said they had to be concerned about this number. The cost factors for the increases of the health care were different. The trust fund and assets were different from the pension fund. Vice Mayor Espinosa asked about future updates. Mr. Perez said they currently bring the updates to the Finance Committee quarterly by policy. The mid year report would be in March. Adjustments were usually made to revenues at that point versus on the first quarter report. They would also request any increases in the budget expenditures. Vice Mayor Espinosa said he wanted to know what would be coming in the first half of the year that might be adjustment surprises. Mr. Perez said Staff recommended budgets for Staff overtime to be kept at the same levels, and that could be an issue. If they felt it was trending differently than budget they would report it. He talked about various revenues including positive trends in sales tax. There were some commercial property tax concerns as well as a potential issue with the Utility Users Tax that Staff needed to analyze prior to reporting. FILENAME 4 Chair Schmid asked about the adopted and adjusted budget which indicated that the balance was achieved by a remarkable increase in revenues. The increase in revenues was particularly due to return on investment. Ms. Eikenberry said an unrealized gain they also book a reserve so that it would not add to the BSR. Chair Schmid asked if the 800 charge for services were fees that were imposed over the last year. Mr. Perez said this could include the Stanford reimbursement changes. It would include paramedic fees, class programs, checking fees, and golf related fees. He said this was changed due to IT and the Fire Departments share. Chair Schmid asked about reserve balances and about some investments that were allotted for. Council member Klein said he thought they zeroed out the reserve. Ms. Eikenberry said the equity transfer stabilization was zeroed out. Council Member Klein said that unrealized gain could not increase as a result of the equity stability being zeroed out. Ms. Eikenberry said that any change would impact the BSR the there was only a set fund balance. Council Member Klein so it did increase it. Ms. Eikenberry said it decreased due to the unrealized gain that went up. Reappropriations dropped by almost $2 million. Council member Klein asked for clarification. Ms. Eikenberry pointed to the chart on page four of the slides. She said that the reserves except Budget Stabilization were a specific number and were funded first. Any difference goes into the Budget Stabilization. Council Member Klein asked about the automatic procedure if it grew over 20%. FILENAME 5 Mr. Perez said the excess goes to the Infrastructure Reserve Fund. If it happened it would happen at the end of the fiscal year. Chair Schmid commented on the Library Bond proceeds reporting. Mr. Perez said Staff was following the Motion made by the Finance Committee. Chair Schmid said the Utility Fund seemed to be very successful at generating substantial profits. He suggested reserves should not be built when the rates were 30% higher than other companies. Mr. Perez suggested Staff should bring the audited information that demonstrates the reserves that were needed. They did need to be reviewed with the Committee to determine if the minimum and maximums were still what was needed. Chair Schmid asked where the total reserves were. Mr. Ramberg said they were listed on a different part of the CAFR. Ms. Eikenberry clarified they were unrestricted reserves. MOTION: Council Member Espinosa moved, seconded by Council Member Scharff that the Finance Committee recommends to the City Council approval of the CAFR as stated in the staff report. MOTION PASSED 4-0. CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR  February 7, 2011  The Honorable City Council  Palo Alto, California  Finance Committee Recommendation to Accept Maze & Associates’  Audit of the City of Palo Alto’s Financial Statements as of June 30,  2010 and Management Letter  Recommendation    On December 21, 2010, the Finance Committee unanimously recommended that Council accept the  attached Maze & Associates’ Audit of the City of Palo Alto’s Financial Statements as of June 30, 2010 and  Management Letter.    Respectfully submitted,    Mike Edmonds  Acting City Auditor  ATTACHMENTS:   Attachments A‐G Financial Statements and Management Letter (PDF)   Attachment 1 Minutes from the Finance Committee Meeting of December 21, 2010 (PDF)    ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT C ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT D ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT F ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT G FILENAME 1 FINANCE COMMITTEE Special Meeting Tuesday, December 21, 2010 Chairperson Schmid called the meeting to order at 6:06 p.m. in the Council Conference Room, 250 Hamilton Avenue, Palo Alto, California. Present: Schmid (Chair), Espinosa, Klein, Scharff Absent: 1. Oral Communications None. 2. Maze & Associates’ Audit of the City of Palo Alto’s Financial Statements as of June 30, 2010 and Management Letter Michael Edmonds, Acting City Auditor, provided a brief overview of the City’s Financial Audit conducted by the firm of Maze and Associates for the fiscal year ending June 30, 2010. He noted that the Auditor’s Opinion Letter and the Single Audit work were in the Comprehensive Annual Financial Report (CAFR) and the Management Letter and other Financial Statements and required reports were included as attachments A-G under the City Auditor’s cover letter. Cory Biggs, with Maze & Associates, stated that the purpose of the audit was to express an opinion on the City’s Financial Statements. He reported that the audit results included a clean opinion on the Financial Statements. He also discussed the Single Audit, which was an audit of all the federal awards that the City received and these awards were subject to additional compliance requirements. The auditors review federal awards of major programs and rotate tests on programs each year. He noted that this year that Governmental Accounting Standards Board (GASB) had two new pronouncements, one on Intangibles and another on Derivatives. The City had no material activity related to either of these pronouncements; thus, no changes to the financial statements were required to implement the new pronouncements. In regards FILENAME 2 to the financial statement audit, he discussed the Memorandum on Internal Control which included one significant deficiency, a billing problem between the Electrical Fund and the Gas Fund. The Gas Fund did not bill the Electric Fund for three years of natural gas used to power the Cooperatively Owned Back Up Generator (COBUG). This issue had been corrected and the Electric Fund had paid the Gas Fund for the last three year’s billings. On compliance issues, he reported on an issue related to the Library Bond audit which was a new audit this year required by Measure N. He said that Measure N required the City to file an annual report with the Council no later than November 1, and the report had not by filed at the time the Audit was completed. He stated that he was not concerned with the issue because the City Council was receiving the information on a quarterly basis from the Library Bond Oversight Committee. In regards to the Single Audit report, he noted that the Single Audit report included three findings, which was unusual for Palo Alto. Two of the findings were related to agreement maintenance. He reported that the City was complying with the grant agreements but the internal controls were not adequate because the City did not have two grant agreements in place. This raised concern about future compliance. He discussed the third finding on the Single Audit work which he referred to as a significant deficiency. He said the City did not provide several sub-recipients with all the information that the Federal Government required. He stated that overall Staff was prepared for the audit which allowed the Auditors to proceed efficiently. He also noted a reduction in the number of post-closing adjustments, which was an indicator of accuracy in closing the books. During the previous year, the Auditors noted that approximately three dozen post-closing adjustments were made; however, this year, only about a dozen post-closing adjustments were needed. Lalo Perez, Administrative Services Director, stated that Staff was already working in response to the recommendations. He said that they were creating a checklist to address the grant issue. The billing error was also being addressed. Chair Schmid asked for clarification about information on page 85 of the CAFR that states “The City does not have a net pension obligation since it pays these actuarially determined contributions monthly.” He was concerned that this term was contradictory to his understanding that the City would be liable if CalPers could not make required pension payments. Mr. Biggs clarified that the term net pension obligation was a technical term in GASB 25 that refers to whether an organization funds its retirement contributions actuarially. It was a different measure than the unfunded actuarial liability. He said the key to pension accounting was to make sure that an FILENAME 3 actuary determines a sound funding practice for annual pension contributions. As long as the City paid the annual actuarially determined contribution, it would not be required to report any other liabilities on its balance sheet. Chair Schmid raised questions about of GASB 25. He cited the Securities Exchange Commission (SEC) interactions with the City of San Diego regarding the accuracy of reporting on their pension liability. He also noted that the American Academy of Actuaries was concerned with the reporting of pension liabilities and were working toward revising standards to clarify actuarial assumptions. He also noted that CalPers was reviewing the way it did business and had pending lawsuits to be more open with disclosures. Mr. Biggs stated that GASB 25 was the standard measure for financial reporting and that was the measure that the auditors were required to use for financial reporting purposes... Chair Schmid asked if there was anything the actuaries could do to help the City make accurate pension payments in the future. Mr. Biggs suggested meeting with an actuary to provide clarity regarding the impact from changing assumptions. He then reviewed trends on rates of return to determine if they were reasonable. Recently, the rates of return had been negative and volatile. He said the pension plans would need to recognize that volatility in the future. Chair Schmid raised a concern whether the financial reporting, which was based on the actuarial value and does not include the market value, provides the citizens of Palo Alto with the full knowledge of the risks associated with the City’s pension liability. Mr. Biggs stated that the City had made all the required disclosures. The actuarial value was used to make the annual pension contributions. The City could opt to include additional disclosures if deemed necessary. Mr. Perez commented on GASB 25. He stated that they should discuss what additional information Council might want to add. For example, CMR 455-10 includes the actuarial value of the assets for Safety and the Miscellaneous Plans. This report included the actuarial and market value of the assets, demographic information, and employee information. Staff needed to provide information regarding the impact of the changes and rates that CalPers had provided. For example, the City’s rate for the Miscellaneous Plan was 17.5% for FY 2011. The City’s share of the employee contribution varies from 2.25% FILENAME 4 to 6%. Thus, the total City contribution was a total of 19.7% to 23%. If the higher rates go into effect, the City’s total contribution would increase to 28.4% to 32%. He said the City’s long term financial forecasts would have to consider the financial impacts of these changes. The City would also have to consider how to address these cost increases. Chair Schmid stated that he was concerned that the City had satisfied the legal reporting requirements but the assumed rate of return was unrealistic without taking significant risks. Mr. Perez stated that CalPers was considering revising its assumed rate of return from 7.75% to 7.5%. If this change was implemented, CalPers estimated that these changes would increase Miscellaneous Plan contributions by 1.5% to 3% and Safety contributions would increase by 3% to 5%. Overall, these changes would increase Miscellaneous Plan contributions to about 33% to 35%. For Safety, these contributions would increase to 49% to 53%. Chair Schmid noted that the adjustments would take place at the board level of CalPers, who did not have to make the payments. MOTION: Council Member Klein moved, seconded by Espinosa that the Finance Committee recommends to the City Council acceptance of the External Audited Financial Statements and Management Letter. MOTION PASSED 4-0. 3. Recommendation Regarding Adoption of Ordinance Authorizing Closing of the Budget for the Fiscal Year Ending June 30, 2010, Including Reappropriations Requests, Closing Completed Capital Improvement Projects, Authorizing Transfers to Reserves, and Approval of Comprehensive Annual Financial Report (CAFR) David Ramberg, Assistant Director Administrative Services Division spoke regarding the Staff’s recommendation for the Finance Committee to approve the CAFR. He said this was a required step and it was what carried over the funds from one year to the next. In October Staff presented the Committee with a preview stating there should be no major surprises; he said that things seemed to be on track. He said Staff tracked the salary savings from mid-year adjustments, and they were successful. The 2011 budget had no adverse affects from the 2010 budget. The General Fund Reserve was healthy City of Palo Alto (ID # 1309) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/7/2011 February 07, 2011 Page 1 of 2 (ID # 1309) Title: Gas Utility Rate Schedules G-10 and G-3 Subject: Finance Committee Recommendation to Adopt a Resolution Amending Utility Rate Schedules G-10 and G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Gas Rates From: City Manager Lead Department: Utilities RECOMMENDATION The Utilities Advisory Commission (UAC), the Finance Committee and staff recommend that the City Council adopt changes to Gas Utility Rate Schedule G-10 (Compressed Natural Gas Service) and Gas Utility Rate Schedule G-3 (Large Commercial Gas Service) as attached. The rate schedules, if approved, would become effective March 1, 2011. EXECUTIVE SUMMARY The current G-10 schedule is open to all compressed natural gas (CNG) sales, potentially including members of the public. The proposed changes: 1) convert G-10 to a rate schedule only applicable to Utilities department sales of natural gas to the City’s CNG facility at the Municipal Service Center (MSC), operated by the Public Works department; and 2) base the G-10 commodity charge on market rates rather than the City’s average cost to purchase gas. The City’s Public Works Department, as the station’s operator, will subsequently develop a new rate schedule based on their operating costs of the CNG facility. The changes proposed to the G-3 rate schedule are to correct the language describing the calculation of the commodity charge and do not represent any change to actual rates charged under the existing rate schedule. At its November 3, 2010 meeting the UAC, and at its December 7, 2010 meeting the Finance Committee unanimously accepted staff’s recommendation. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The Finance Committee considered staff’s recommendation at its December 7, 2010 meeting. The Committee had a brief discussion about the difference between the two schedules and clarified that Schedule G-10 was only available to the CNG facility and was not an option for large commercial customers. The Committee voted unanimously February 07, 2011 Page 2 of 2 (ID # 1309) to recommend that the City Council adopt the resolution amending Gas Utility Rate Schedule G-10 (Compressed Natural Gas Service) and Gas Utility Rate Schedule G-3 (Large Commercial Gas Service). Draft notes from the Finance Committee’s December 7 2010 meeting are provided as Attachment F. RESOURCE IMPACT The change in pricing from a fixed annual price to a variable monthly price is not expected to have a significant impact on the Gas Utility’s net revenues. Due to the volatility that is inherent in market gas purchases the exact impact is difficult to quantify but due to the low level of sales at the CNG station, it is not expected to be significant. POLICY IMPLICATIONS This recommendation does not represent a change to current City policies. ENVIRONMENTAL REVIEW Adoption of this resolution does not meet the California Environmental Quality Act’s definition of a project, pursuant to California Public Resources Code Section 21065, therefore no environmental assessment is required. ATTACHMENTS: Att A Resolution Amending Utility Rate Schedules G-10 and G3 (PDF) Att B CMR 429:10 - To Finance Committee - Amending Utility Rate Schedules G-10 and G-3 (PDF) Att C Gas Rate Schedule G-10 -redline version (DOC) Att D Gas Rate Schedule G-3 -redline version (DOC) Att E Excerpted Draft Minutes from the UAC Nov 3, 2010 meeting (DOCX) Att F Excerpted Draft Minutes form the Finance Committee Dec 7, 2010 meeting (DOC) Prepared By:Ipek Connolly, Sr. Resource Planner Department Head:Valerie Fong, Director City Manager Approval: James Keene, City Manager NOT YET APPROVED Resolution No. ---Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules G-IO and G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Gas Rates The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-lO (Compressed Natural Gas Service) is hereby amended to read in accordance with sheets G-10-1 and G-10-2, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective February 1, 2011. SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-3 (Large Commercial Gas Service) is hereby amended to read in accordance with sheets G-3-1 and G-3-2, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective February 1,2011. SECTION 3. The Council fmds that the revenue derived from the authorized adoption enumerated herein shall be used only for the purpose set forth in Article VII, Section 2, of the charter of the City of Palo Alto. SECTION 4. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, California Public Resources Code §21080, subdivision (b) (8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Sr. Assistant City Attorney City Manager Director of Utilities Director of Administrative Services 101118 dm 0073459 TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: UTILITIES ATTENTION: FINANCE COMMITTEE DATE: DECEMBER 7, 2010 CMR: 429:10 SUBJECT: Adoption of a Resolution Amending Utility Rate Schedules G-10 and G- 3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Gas Rates REQUEST The Utilities Advisory Commission (UAC) and staff recommend that the Finance Committee recommend that the City Council adopt changes to Gas Utility Rate Schedule G-10 (Compressed Natural Gas Service) and Gas Utility Rate Schedule G-3 (Large Commercial Gas Service) as attached. The rate schedules, if approved, would become effective February 1, 2011. EXECUTIVE SUMMARY The current G-10 schedule is open to all compressed natural gas (CNG) sales, potentially including members of the public. The proposed changes: 1) convert G-10 to a rate schedule only applicable to Utilities department sales of natural gas to the City’s CNG facility at the Municipal Service Center (MSC), operated by the Public Works department; and 2) base the G-10 commodity charge on market rates rather than the City’s average cost to purchase gas. The City’s Public Works Department, as the station’s operator, will subsequently develop a new rate schedule based on their operating costs of the CNG facility. The changes proposed to the G-3 rate schedule are to correct the language describing the calculation of the commodity charge and do not represent any change to actual rates charged under the existing rate schedule. At its November 3, 2010 meeting, the UAC unanimously accepted staff’s recommendation. BACKGROUND The City of Palo Alto’s Compressed Natural Gas fueling station was put into operation in 1997, with the first rate schedule for Compressed Natural Gas Service (G-10) becoming effective April 1, 1997 (CMR 150:97). The project was intended both to improve air quality and to promote the use of natural gas in vehicles. The Gas Utility Fund provided the capital funds to complete the project. The Public Works Department operates and maintains the high-pressure, high-volume natural gas compressor and fueling station. In addition to fueling the City’s fleet of natural gas vehicles, the Palo Alto Unified School District and the Ravenswood School District were allowed to fuel their buses under the existing fuel permit. No other customers were allowed to fuel at the CNG station. CMR: 429:10 Page 1 of 3 With the improvement and expansion of the CNG facility starting in 2006 (CMR 263:06), the new direction for this facility is to offer CNG to members of the public who own natural gas- fueled vehicles. As such, a change to the pricing method used and a clarification to the applicability of the G-10 rate schedule are required at this time. DISCUSSION Applicability The current schedule is technically open for “the sale of compressed natural gas (CNG) at the City-owned natural gas fueling stations to customer (sic) who use CNG for fueling CNG vehicles.” In practice, the only customers able to utilize this facility have been City of Palo Alto vehicles and buses operated by the Palo Alto Unified and Ravenswood School Districts. UAC and staff recommend changing the applicability to be ‘the sale of natural gas to the City- owned compressed natural gas (CNG) fueling station.’ The purpose of the G-10 schedule should be to sell gas to the CNG station at the MSC as a customer of the Utilities Department. Pricing of compressed natural gas to the public should be determined based on operating costs as determined by the station’s operator, the Public Works Department. A new rate schedule will be developed by the City’s Public Works Department accordingly. Pricing The Gas Fund’s existing rate schedule for CNG service is an average rate based on the City’s cost to purchase gas, computed annually during the budget process. This method had the advantage of providing Public Works with a stable rate for computing fleet related fueling costs for budgeting purposes. While stable prices are desirable, as a public facility open to both internal and transient customers, staff recommends that the pricing be more aligned with market costs similar to a commercial service station. Therefore, instead of an average rate computed annually, the revised schedule will determine charges based on the same method currently utilized by large commercial gas customers under rate schedule G-3. The proposed commodity charge for the G- 10 rate would be equal to the monthly natural gas bidweek price index for delivery at PG&E Citygate, accounting for delivery losses to the customer’s meter. The commodity charge would only be allowed to fluctuate within the minimum/maximum range currently approved by Council similar to the G-3 rate ($0.10 to $2.00 per therm). Staff also recommends that the revised G-10 rate schedule exclude the local distribution charge that is included in the G-3 rate schedule. The reason for this exclusion is that natural gas is delivered directly to the fueling station over the PG&E system and does not utilize the local distribution system. However, there will be a nominal monthly customer charge component of the revised G-10 rate schedule, consistent with all other utility rate schedules, representing costs associated with billing and account management. Staff has discovered an incorrect statement on the existing G-3 Rate Schedule in the language describing the calculation of the applicable commodity charges and recommends edits to the G-3 Rate Schedule. These edits, shown in Attachment C, clarify that the commodity charge is based on the monthly natural gas bidweek price index for delivery at PG&E Citygate. These CMR: 429:10 Page 2 of 3 recommended revisions do not represent any change to actual rates charged under the existing rate schedule. BOARD/COMMISSION REVIEW AND RECOMMENDATIONS The UAC considered staffs recommendation at its November 3, 2010 meeting. The Commission discussed the range included in the G-IO rate and clarified that the large range is given to allow for the range in gas market prices that ",ill be passed through in the rate, as it is in the G-3 rate. The Commission also discussed the involvement of twodepar1ments in setting the retail rate for CNG sales at the MSC. The commission voted unanimously to recommend that the City Council adopt staft's reconunended changes to the Gas UtiliTy Rate Schedule G-I0 (Compressed Natural Gas Service) and Gas UtiliTy Rate Schedule G-3 (Large Commercial Gas Service). Draft notes from the UAC's November 5, 2010 meeting are provided as Attachment D. RESOVRCEIMPACT The change in pricing from a fixed annual price to a variable monthly price is not expected to have a significant impact on the Gas Utility's net revenues. Due to the volatility that is inherent in market gas purchases the exact impact is difficult to quantify but due to the low level of sales at the eNG station, it is not expected to be significant. POLICY IMPLICATIONS This recommendation does not represent a change to current City policies. ENVIRONMENTAL REVIEW Adoption of this resolution does not meet the California Environmental Quality Act's definition of a project, pursuant to California Public Resources Code Section 21065, therefore no environmental aqsessment is required. ATTACHMENTS A. Resolution Amending Utility Rate Schedules G-l 0 And G-3 B. Gas Rate Schedule G-IO C. Gas Rate Schedule G-3 D. Excerpted Draft Minutes from the UAC November 3, 2010 meeting PREPARED BY: IPEK CONNOLLY \ C/ Sr. Resource Planner ..- REVIEWED BY: DEBRA LLOYD Acting Assistant Director, Resource Management DEPARTMENT APPROVAL: VALE EO. NG ~ ofUtiliti~ CITY MANAGER APPROVAL:~lJJ 7ArL::..p ~c.J ESKEENE '\ ~ City Manager CMR: 429:10 Page 3 of 3 NOT YET APPROVED Resolution No. ---Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules G-IO and G-3 of the City of Palo Alto Utilities Rates and Charges Pertaining to Gas Rates The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-lO (Compressed Natural Gas Service) is hereby amended to read in accordance with sheets G-10-1 and G-10-2, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective February 1, 2011. SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-3 (Large Commercial Gas Service) is hereby amended to read in accordance with sheets G-3-1 and G-3-2, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective February 1,2011. SECTION 3. The Council fmds that the revenue derived from the authorized adoption enumerated herein shall be used only for the purpose set forth in Article VII, Section 2, of the charter of the City of Palo Alto. SECTION 4. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, California Public Resources Code §21080, subdivision (b) (8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Sr. Assistant City Attorney City Manager Director of Utilities Director of Administrative Services 101118 dm 0073459 COMPRESSED NATURAL GAS SERVICE UTILITY RATE SCHEDULE G-10 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective x7-1x-200910 Supersedes Sheet No. G-10-1 dated 7-1-20089 Sheet No.G-10-11 A. APPLICABILITY: This schedule applies to the sale of compressed natural gas (CNG) to at the City-owned compressed natural gas (CNG) fueling stations to customer who use CNG for fueling CNG vehicles. at the Municipal Service Center in Palo Alto B. TERRITORY: Applies to locations within the service area of the at the Municipal Service Center in City of Palo Alto. C. RATES: Per Service Monthly Customer Charge: $55.25 Per Therm Charges (To be added to Customer Charge) Per Therm Commodity Charge (Monthly Market Based)...................................................$0.10-$2.00 Administrative Fee ...................................................................................................$0.0227 PG&E Local Transportation.....................................................................................$0.0212 Per Gasoline Per Therm Gallon Equivalent Commodity Charge $1.08 $1.25 For billing purposes, the number of gallons will be complied from a Summary of Transactions recorded by the dispensing unit for the customer during the month. D. SPECIAL CONDITIONS 1. 1. Service under this schedule is subject to discontinuance in whole or in part in case of actual or anticipated shortage of natural gas resulting from insufficient supply, inadequate transmission or delivery capacity of facilities. 2. Service under this schedule is provided only from a designated City fueling station which will deliver CNG at approximately 3,000 pounds per square inch (PSI). 1. 2. The actual bill amount is calculated based on the applicable rates in Section C above and adjusted COMPRESSED NATURAL GAS SERVICE UTILITY RATE SCHEDULE G-10 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective x7-1x-200910 Supersedes Sheet No. G-10-1 dated 7-1-20089 Sheet No.G-10-21 for any applicable discounts, surcharges and/or taxes. On a customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C. (A) Commodity Charges The commodity charge is based on the monthly natural gas bidweek price index for delivery at PG&E Citygate, accounting for delivery losses to the customer’s meter. The commodity charge will fall within the minimum/maximum range set forth in Section C. The commodity charge is equal to the City's weighted average cost of gas calculated at the PG&E City Gate for gas purchased by the City at first of the month and daily market prices for that month. The commodity charge will fall within the minimum/maximum range set forth in Section C and include the cost of transporting the gas to the PG&E City Gate. (B) Administrative fee The Administrative fee is equal to the allocable administrative and overhead costs incurred by the City in providing the gas service. (C) PG&E Local Transportation PG&E Local transportation charge is equal to the cost of transporting gas from the PG&E’s City Gate to the Palo Alto City Gate. 3. Individuals responsible for fueling a Natural Gas Vehicle shall be required to complete training sessions to be certified to fuel a vehicle. Each individual must sign and date the Certificate of Instruction for Fueling Natural Gas Vehicle. 4. Customers requesting to take service under this rate schedule are required to sign a Compressed Natural Gas Agreement before commencing service. 5. If required by local or federal law, assessed applicable taxes shall be added to charges shown in this rate schedule. {End} LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7x-1-20092010 Supersedes Sheet No G-3-1 dated 117-1-2008 2009 Sheet No G-3-1 A. APPLICABILITY: This schedule applies to service for large commercial customers who use at least 250,000 therms per year at one site and have retained gas direct access eligibility. This schedule also applies to City owned generation facilities. B. TERRITORY: This schedule applies anywhere the City of Palo Alto provides natural gas service. C. UNBUNDLED RATES: Per Service Monthly Customer Charge: $311.00 Commodity Rate: (To be added to Customer Charge) Per Therm Supply Charges: 1. Commodity Charge (Monthly Market Based).......................................$0.10-$2.00 2. Administrative Fee .......................................................................................$0.0227 3. PG&E Local Transportation.........................................................................$0.0212 Distribution Charge: 1. Palo Alto Local Distribution.........................................................................$0.2884 D. SPECIAL NOTES: 1. Calculation of Cost Components The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or taxes. On a customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C. LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7x-1-20092010 Supersedes Sheet No G-3-2 dated 117-1-2008 2009 Sheet No G-3-2 (A) Commodity Charges The commodity charge is based on the monthly natural gas bidweek price index for delivery at PG&E Citygate, accounting for delivery losses to the customer’s meter.The commodity charge is equal to the City's weighted average cost of gas calculated at the PG&E City Gate for gas purchased by the City at first of the month and daily market prices for that month. The commodity charge will fall within the minimum/maximum range set forth in Section C. and include the cost of tr ansporting the gas to the PG&E City Gate. (B) Administrative fee The Administrative fee is equal to the allocable administrative and overhead costs incurred by the City in providing the gas service. (C) PG&E Local Transportation PG&E Local transportation charge is equal to the cost of transporting gas from the PG&E’s City Gate to the Palo Alto City Gate. 2. Special Conditions Service under this schedule is subject to discontinuance in whole or in part, for operational reasons, or if the City experiences supply or capacity shortages. The City will exercise reasonable diligence and care to furnish and deliver continuous service and a sufficient quantity of gas to customers, but does not guarantee continuity of service or sufficiency of quantity. The City shall not be liable for any damage caused by interruption of service, if the interruption of service is caused by an act of God, Fire, Strikes, riots, war, or any other cause that is beyond the City’s control. 3. Request for Service A qualifying customer may request service under this schedule for more than one account or meter if the accounts are located on one site. A site shall be defined as one or more utility accounts serving contiguous parcels of land with no intervening public right-of- ways (e.g. streets) and have a common billing address. 4. Changing Rate Schedules Customers may request a rate schedule change at any time to any applicable City of Palo Alto full-service rate schedule. Customers served under this rate schedule may elect Gas LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7x-1-20092010 Supersedes Sheet No G-3-3 dated 117-1-2008 2009 Sheet No G-3-3 Direct Access at any time. {End} CITYOF PALO ALTO UTILITIES EXCERPTED DRAFT MINUTES OF UTILITIES ADVISORY COMMISSION Meeting of November 3, 2010 ITEM 2: ACTION: Proposed Change to Compressed Natural Gas Rate Schedule G-10 and G-3 Effective February 1, 2010 Senior Resource Planner Ipek Connolly was present to take questions from the Commissioners. Commissioner Keller asked for an explanation of the range of $0.10 to $2.00/therm for the commodity charge in Rate Schedule G-10. Connolly explained that the range is given to cover the large range of potential future gas market prices that are passed through to the customer. Commissioner Melton questioned the need to involve two departments in setting a rate for the public. Director Fong explained that Public Works department is the owner/operator of the Compressed Natural Gas (CNG) facility, and the Utilities Department charge is to ensure that the CNG facility has natural gas and that the Utility Department recovers the costs of the natural gas. Commissioner Cook expressed concern that the requirement for training sessions to be certified to fuel a vehicle was removed from the revised G-10 rate schedule. Connolly explained that it was removed because it does not belong with the rate schedule. ACTION: Commissioner Melton made a motion to recommend Council approval of the changed rate schedules. Commissioner Cook seconded the motion. The motion carried unanimously (7-0). COMPRESSED NATURAL GAS SERVICE UTILITY RATE SCHEDULE G-10 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 73-1-20092011 Supersedes Sheet No. G-10-1 dated 7-1-20082009 Sheet No.G-10-11 A.APPLICABILITY: This schedule applies to the sale of natural gas to the City-owned compressed natural gas (CNG) at the City-owned natural gas fueling stations to customer who use CNG for fueling CNG vehicles.. at the Municipal Service Center in Palo Alto B.TERRITORY: Applies to locations withinlocation at the service area of theMunicipal Service Center in City of Palo Alto. C.RATES: Per GasolineService Per Therm Gallon Equivalent Monthly Customer Charge:$55.25 Per Therm Charges (To be added to Customer Charge)Per Therm Commodity Charge $1.08 $1.25 (Monthly Market Based)$0.10-$2.00 For billing purposes, the number of gallons will be complied from a Summary of Transactions recorded by the dispensing unit for the customer during the month. Administrative Fee ...................................................................................................$0.0227 PG&E Local Transportation .....................................................................................$0.0212 D.SPECIAL CONDITIONS 1.Service under this schedule is subject to discontinuance in whole or in part in case of actual or anticipated shortage of natural gas resulting from insufficient supply, inadequate transmission or delivery capacity of facilities. 2.Service under this schedule is provided only from a designated City fueling station which will deliver CNG at approximately 3,000 pounds per square inch (PSI).The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or taxes. COMPRESSED NATURAL GAS SERVICE UTILITY RATE SCHEDULE G-10 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 73-1-20092011 Supersedes Sheet No. G-10-1 dated 7-1-20082009 Sheet No.G-10-12 3.Individuals responsible for fueling a Natural Gas Vehicle shall be required to complete training sessions to be certified to fuel a vehicle. Each individual must sign and date the Certificate of Instruction for Fueling Natural Gas Vehicle. 4.Customers requesting to take service under this rate schedule are required to sign a Compressed Natural Gas Agreement before commencing service. 5.If required by local or federal law, assessed applicable taxes shall be added to charges shown in this rate schedule. (A)Commodity Charges The commodity charge is based on the monthly natural gas bidweek price index for delivery at PG&E Citygate, accounting for delivery losses to the customer’s meter. The commodity charge will fall within the minimum/maximum range set forth in Section C. (B)Administrative fee The Administrative fee is equal to the allocable administrative and overhead costs incurred by the City in providing the gas service. (C)PG&E Local Transportation PG&E Local transportation charge is equal to the cost of transporting gas from the PG&E’s City Gate to the Palo Alto City Gate. {End} LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 73-1-20092011 Supersedes Sheet No G-3-1 dated 117-1-20082009 Sheet No G-3-1 A.APPLICABILITY: This schedule applies to service for large commercial customers who use at least 250,000 therms per year at one site and have retained gas direct access eligibility. This schedule also applies to City owned generation facilities. B.TERRITORY: This schedule applies anywhere the City of Palo Alto provides natural gas service. C.UNBUNDLED RATES:Per Service Monthly Customer Charge:$311.00 Commodity Rate: (To be added to Customer Charge) Per Therm Supply Charges: 1.Commodity Charge (Monthly Market Based)........................................$0.10-$2.00 2.Administrative Fee .......................................................................................$0.0227 3.PG&E Local Transportation .........................................................................$0.0212 Distribution Charge: 1.Palo Alto Local Distribution .........................................................................$0.2884 D.SPECIAL NOTES: 1.Calculation of Cost Components The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or taxes. On a customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C. (A)Commodity Charges LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 73-1-20092011 Supersedes Sheet No G-3-2 dated 117-1-20082009 Sheet No G-3-2 The commodity charge is equal to the City's weighted average cost of gas calculated at the PG&E City Gate for gas purchased by the City at first of the month and daily market prices for that month. The commodity charge is based on the monthly natural gas bidweek price index for delivery at PG&E Citygate, accounting for delivery losses to the customer’s meter. The commodity charge will fall within the minimum/maximum range set forth in Section C and include the cost of transporting the gas to the PG&E City Gate.. (B)Administrative fee The Administrative fee is equal to the allocable administrative and overhead costs incurred by the City in providing the gas service. (C)PG&E Local Transportation PG&E Local transportation charge is equal to the cost of transporting gas from the PG&E’s City Gate to the Palo Alto City Gate. 2.Special Conditions Service under this schedule is subject to discontinuance in whole or in part, for operational reasons, or if the City experiences supply or capacity shortages. The City will exercise reasonable diligence and care to furnish and deliver continuous service and a sufficient quantity of gas to customers, but does not guarantee continuity of service or sufficiency of quantity. The City shall not be liable for any damage caused by interruption of service, if the interruption of service is caused by an act of God, Fire, Strikes, riots, war, or any other cause that is beyond the City’s control. 3.Request for Service A qualifying customer may request service under this schedule for more than one account or meter if the accounts are located on one site. A site shall be defined as one or more utility accounts serving contiguous parcels of land with no intervening public right-of- ways (e.g. streets) and have a common billing address. 4.Changing Rate Schedules Customers may request a rate schedule change at any time to any applicable City of Palo Alto full-service rate schedule. Customers served under this rate schedule may elect Gas Direct Access at any time. {End} EXCERPTED DRAFT MINUTES OF UTILITIES ADVISORY COMMISSION Meeting of November 3, 2010 ITEM 2: ACTION: Proposed Change to Compressed Natural Gas Rate Schedule G-10 and G-3 Effective February 1, 2010 Senior Resource Planner Ipek Connolly was present to take questions from the Commissioners. Commissioner Keller asked for an explanation of the range of $0.10 to $2.00/therm for the commodity charge in Rate Schedule G-10. Connolly explained that the range is given to cover the large range of potential future gas market prices that are passed through to the customer. Commissioner Melton questioned the need to involve two departments in setting a rate for the public. Director Fong explained that Public Works department is the owner/operator of the Compressed Natural Gas (CNG)facility,and the Utilities Department charge is to ensure that the CNG facility has natural gas and that the Utility Department recovers the costs of the natural gas. Commissioner Cook expressed concern that the requirement for training sessions to be certified to fuel a vehicle was removed from the revised G-10 rate schedule. Connolly explained that it was removed because it does not belong with the rate schedule. ACTION:Commissioner Melton made a motion to recommend Council approval of the changed rate schedules. Commissioner Cook seconded the motion. The motion carried unanimously (7-0). ATTACHMENT F FINANCE COMMITTEE – MEETING EXCERPTED DRAFT MINUTES OF DECEMBER 7, 2010 ITEM 2: ACTION: Adoption of a Resolution Adopting Changes to Utility Rate Schedules G- 10 and G-3 of the City of Palo Alto Utilities Rates and Changes Pertaining to Gas Rates Valerie Fong, Utilities Director said that there was no formal presentation but that she and Ipek Connolly, Senior Resource Planner, were both available to answer any questions the Committee may have. Chair Schmid asked if the rate schedule was for both the City itself and private customers. Ipek Connolly, Senior Resource Planner said it was not. It was a change from a retail rate schedule to one applicable to sales from the Utilities Department to the Public Works Department. Ms. Fong said there was one compressed gas facility at the Municipal Service Center used by various City crews. Palo Alto Unified School District also has access to it. Public Works is the purchaser and passes on the retail rate to the users. Chair Schmid said that a citizen had reminded him that the City said they would open the facility up to public use. Ms. Fong said Public Works Staff would be better qualified to that question. Chair Schmid said there were two rates, G10 & G3. He asked what the difference was to the customers. Ms. Connolly said G3 was the custom rate for large customers. The G3 rate schedule was coming forward because the commodity cost definition has a slight incorrect statement. This was a language correction, otherwise no change. Chair Schmid asked why a customer would use the G3 schedule instead of the G10 schedule. Ms. Connolly said they are large customers. G10 was for Compressed Natural Gas. Ms. Fong said larger more sophisticated customers are usually G-3. MOTION: Council Member Scharff moved, seconded by Espinosa, that the Finance Committee adopt a Resolution amending the Utilities Rate Schedules G10 and G3 of the City of Palo Alto Utilities rates and charges pertaining to gas rates. MOTION PASSED: 3-0, Klein absent. City of Palo Alto (ID # 1301) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/7/2011 February 07, 2011 Page 1 of 8 (ID # 1301) Title: Approval of Art Center Renovation Agreements Subject: Approval of a Construction Funding Agreement in an Amount Up to $2 Million between the City of Palo Alto and the Palo Alto Art Center Foundation For Upgrades to the Palo Alto Art Center Renovation Project (PF-07000, Art Center Electrical and Mechanical Upgrades); Approval of Amendment No. Three to Contract No. C08126592 between the City of Palo Alto and the Palo Alto Art Center Foundation to extend the term of the agreement and increase the scope of work to Permit Reimbursement in an Amount Not to Exceed $142,432 From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council: 1.Approve and authorize the City Manager or designee to execute a construction funding agreement between the City of Palo Alto and the Palo Alto Art Center Foundation in substantially the form of Attachment A that establishes the financial responsibilities of both parties as related to capital improvements of the Palo Alto Art Center. 2.Approve and authorize the City Manager or designee to execute Amendment No. Three to Contract No. C08126592 with the Palo Alto Art Center Foundation in substantially the same form as Attachment B to extend the term of the agreement from March 31, 2010 to June 1, 2011 and to increase the scope of work to include design for Deferred Maintenance Improvements and bid services in an amount not to exceed $142,432. Background The Palo Alto Art Center Foundation (Foundation) has played an integral role in the support and operation of the Palo Alto Art Center (PAAC) since its inception in 1973. On October 4, 2010, this longstanding relationship was reinforced through the adoption of a public/private partnership agreement (CMR:350:10). This construction funding agreement represents more than a decade worth of work, discussion, and Council action toward the goal of a renovated Palo Alto Art Center facility. Beginning with a January 19, 1999 letter to the Council, the Foundation confirmed its intent to initiate discussions on the subject of a public/private partnership to renovate and expand the Palo Alto Art Center in order to leverage the City’s deferred maintenance funds February 07, 2011 Page 2 of 8 (ID # 1301) The 28,000 square foot Art Center facility and its building infrastructure and systems have not been significantly upgraded since the facility was constructed in 1951 as Palo Alto’s City Hall. The only major repairs made to the facility have been seismic improvements in 1987. In 1999, the Palo Alto Art Center Foundation began to address the need for renovations proactively by focusing on two programmatic concerns and facility challenges: 1) the need for upgrades to the gallery spaces of the Art Center to support the popular exhibition program, and 2) the need for additional children’s art classrooms and program space to meet the demand in the community. In March, 1999, the Palo Alto City Council approved a proposal from the Palo Alto Art Center Foundation to explore the development of a public/private partnership that would make possible a capital campaign to expand and renovate the Art Center. Master Planning Process In March 2000, the Foundation received $50,000 from the David and Lucile Packard Foundation and the Non-Profit Facilities Fund to conduct a facility master planning process that was matched by $50,000 from the City. The resulting Palo Alto Art Center Programming Report was completed in 2001 (CMR:438:01) by architect David Robinson. This programming report detailed the use of Art Center spaces as defined by current program needs and outlined an improvement plan addressing the Art Center’s most critical facility requirements. In August 2001, a Joint Site Planning Committee was convened with the goal of developing a site design that would allow the Main Library and the Art Center to expand while addressing the limitations and opportunities offered by the site, neighborhood considerations, and the desires of community stakeholders. In September 2001, the Art Center Foundation received a second $50,000 grant request from the David and Lucile Packard Foundation that was matched by the City (CMR:226:02). Using these funds, the Foundation contracted with the Mark Cavagnero Associates in association with SWA Group to develop the joint site plan. The resulting Site Planning Study for the Palo Alto Main Library and Art Center was completed on February 8, 2002. A Public Draft EIR of the site was prepared for the City of Palo Alto by Thomas Reid Associates and completed on April 17, 2002. In 2002, Mark Cavagnero Associates continued work on the master plan and conceptual design for the Palo Alto Art Center and site. All plans, reports, and surveys were reviewed and approved by City boards and commissions. The plan was completed on June 14, 2002 and approved by Council. A Memorandum of Understanding was approved unanimously by Council at its July 15, 2002 meeting (CMR:340:02), describing the City’s commitment to contribute $5M to fund a fund set up through a public/private partnership over five years. This MOU was intended to go into effect upon successful passage of a library bond measure in November, 2002. However, the bond measure was ultimately unsuccessful. In the spring of 2003, the Foundation Board unanimously voted to commit to the implementation of the master plan for the Art Center. Supported by a $10,000 grant from the Non-Profit Finance Fund, the Foundation worked with fundraising and organizational development consultants to prepare for the possibility of a future capital campaign. February 07, 2011 Page 3 of 8 (ID # 1301) In 2005, the Foundation contracted with Mark Cavagnero Associates to develop a phased approach to complete the master plan. The first phase of building renovations included creation of a Children’s Wing, improvements to the existing gallery space, and the replacement of mechanical and electrical systems. Based on cost estimates developed by Mack 5, the Infrastructure Management Plan allocation for the Art Center Electrical & Mechanical Upgrade (Capital Improvement Program Project PF-07000) was readjusted. Foundation’s Capital Campaign and Letter of Intent In 2006, the Foundation Board gave final approval to move forward with a capital campaign to raise funds for the Foundation portion of the project. In June 2006, the Foundation contracted with Netzel Associates to conduct a capital development feasibility study. Netzel presented its report to the Foundation Board on October 16 and the Board voted to accept Netzel’s recommendation to move forward with the capital campaign for the Art Center renovation. The Foundation Board then hired Netzel as its capital campaign counsel. At its December 13, 2006 meeting, the Foundation Board voted to conduct a 26-month capital campaign to raise the necessary funds. On April 10, 2006, a colleague’s memo was approved by the City Council directing City staff to work with the Art Center Foundation in drafting a Memorandum of Understanding to expand and renovate the Art Center as a public/private partnership, committing $1.74M from the City’s Infrastructure Improvement program. On July 9, 2007, the Foundation formally approached the City to create a public/private partnership for the renovation of the Art Center with a Letter of Intent that was approved by Council (CMR:288:07). This Letter outlined mutually acceptable terms and conditions for the collaboration between the City and the Foundation for construction of improvements and alterations to the Art Center. In September 2007, the Foundation entered into an agreement with Mark Cavagnero Associates to: design the project through schematic design and design development, submit preliminary estimates of construction costs based on schematic design, prepare construction documents, and assist in the awarding and preparation of contracts for construction. Design Agreement In March 2008, the Council approved a Design Agreement with the Foundation, in the amount of $290,000, allowing for the City’s payment to the Foundation of the City’s portion of the schematic design, design development, construction documents, bid, and construction phases of the project (CMR:107:08). The City’s financial responsibility, as specified in Capital Improvement Project PF-07000 (Art Center Electrical and Mechanical Upgrades), is to replace original mechanical and electrical equipment and systems to meet current occupancy need, provide code compliance, and optimize operation and energy efficiency. On December 15, 2008, Council approved Amendment No. One to Contract Number C08126592 with the Foundation in the amount of $78,580 for the Planning and Design Phase for the Renovation and Capital Improvements to the Palo Alto Art Center, Capital Improvement Program Project PF-07000. Amendment No. One addressed scope increases to the design February 07, 2011 Page 4 of 8 (ID # 1301) development phase due to new green building requirements, accessibility and seismic code requirements, hazardous materials testing and removal, and determination of the extent of required electrical system upgrades (CMR:465:08). On March 16, 2009, Council approved Amendment No. Two to Contract Number C08126592 with the Foundation in the amount of $6,249 for a Total Not to Exceed Amount of $374,829 for the Development of Construction Documents for the Renovation and Capital Improvements to the Palo Alto Art Center, Capital Improvement Program Project PF-07000 (CMR:168:09). This Amendment requested an increase of $6,249 along with the reallocation of $72,500 previously designated for bid and construction phase services to be applied to additional services funding for completion of the construction document phase only. This brought the total City expense through the construction documents phase to $374,829. These costs were related to the increased project scope identified during the design development phase. Amendment No. Two also changed the scope of the agreement between the City of Palo Alto and the Foundation to include design services only, and exclude any payment for bid and construction phase services. In addition, the Amendment extended the term of the agreement from March 31, 2009 to March 31, 2010 to allow time for the completion of construction documents. At the time the Design Agreement between the City and the Foundation was initiated, the Foundation intended to manage the project through all phases of design and construction. The City’s portion of the consultant fees for all phases of the project included schematic design, design development, construction documents, bid and construction administration and was awarded with that agreement. During design development, the City’s portion of the project scope became a larger percentage of the overall project, and more technically involved. As a result of this change, the Foundation’s and City’s staffs recommended that, and received Council approval for, the City managing the bid and construction phases (CMR:168:09). Subsequently, City staff determined that it would be more prudent and efficient for the Foundation to maintain its agreement with the architects for the bid documentation—this would ensure that the project could continue in a timely manner, preventing unnecessary delays. The City would then initiate its own agreement with the architect for the construction administration phase of the project. Construction Funding Agreement Implicit in these decades-long actions and communications has been the development of a Construction Funding Agreement whereby the Foundation will contribute a sizable amount of money to fund a large portion of the renovations and upgrades. The terms of the Foundation’s funding and the duties and obligations of the parties during the bid and construction phases are set forth in this Construction Funding Agreement (Attachment A). Similar agreements have been developed for the Friends of Heritage Park for the design, construction and installation of playground facilities and other improvements at Heritage Park and for the Friends of Lytton Plaza Park for the design, construction, and installation of improvements at Lytton Plaza. This agreement differs from these agreements in that the City will manage the bid and construction of the project. A precedent to this agreement can be found in the agreement between the City of Palo Alto and the Palo Alto Library Foundation and the Friends of the Palo Alto Library for funding the Palo Alto Children’s Library Improvements and Expansion Project (CMR:142:04). February 07, 2011 Page 5 of 8 (ID # 1301) Discussion Art Center Facility Improvements: The City and the Foundation acknowledge each other’s needs to make various building improvements to the Art Center facility and recognize the financial and logistical benefits to coordinate and execute these building improvements together under one project. The City’s scope of work includes mechanical, electrical, and accessibility upgrades to the facility, while the Foundation’s scope of work includes the creation of a Children’s Wing and an upgrade of the exhibition galleries. While the scope of City-sponsored work differs from the Foundation- sponsored work, both Parties agree that it will be more efficient, cost-effective, and less disruptive to the community to have the work completed concurrently. In addition to the abovementioned electrical, mechanical and Children’s Wing improvements, the City will also now add deferred-maintenance items to the project such as a new roof, new gutters, new downspouts, seismic upgrade to roofing envelope, exterior painting, new carpets, additional interior painting, termite treatment and dry rot repairs, new window safety glazing, and exterior lighting improvements. While these items will increase the design and construction fees, they will result in an overall cost-savings by including them as part of a larger project and by making these repairs now, when the construction climate is favorable. It will also eliminate future construction disruption to the Art Center. The additional design costs for deferred maintenance related items are marginal enough that it can be absorbed into the original CIP project, PF-07000. The roof, which is the most costly of the deferred maintenance items, had been scheduled for replacement in FY2013-2014, shortly after completion of the Art Center rehabilitation project. Funding for the roof will be moved from CIP PF-14001 ($200,000) into PF-07000. The original funding for the roof replacement was underestimated. Roofing replacement is now estimated at $320,000. The balance of the roof replacement and funding for other, non-roofing items, would be paid from the Infrastructure Reserve. Staff plans to return to Council at the time of construction to request that these additional funds be transferred into the project, if needed. The unfunded cost is estimated at $560,000, which includes a seismic upgrade to the roof that was not originally included in the CIP PF-14001, Roofing Replacement. The seismic work is desirable in order to provide better protection for the building and its occupants and will be easier to accomplish now that the roofing is part of a larger project. In addition, the City will be adding a 1% for public art as part of the overall Art Center renovation project. The current package will be used for permitting in order to expedite timing, with the deferred maintenance items being added to the package as revisions. Temporary Main Library: The Art Center auditorium was identified as the preferred location for a temporary library during the renovation of the adjacent Main Library (CMR:435:10). The auditorium was not part of the Art Center improvement project, but will have improved lighting, carpeting and other amenities added as part of the temporary library work. Combining the library’s auditorium upgrade with the rest of the Art Center project will result in a better price for the auditorium work and will not involve the disruption of shutting off the auditorium for temporary library conversion work shortly after opening the new Art Center. Having the same electricians, painters and other trades February 07, 2011 Page 6 of 8 (ID # 1301) for both the auditorium and the Art Center work will result in a better work product and require less staff oversight than managing two separate contractors. In order to keep pace with the Art Center construction schedule, design contingency funds from the Main Library will be used to pay for the initial design of the temporary Main Library. Staff will return at a later date with a contract amendment with Group 4 Architecture to secure additional funding for the auditorium work so that the Main Library contingency fund can be reimbursed. Construction Funding Agreement The Construction Funding Agreement (Attachment A) facilitates the Foundation’s funding of a significant portion of the capital costs for the project and outlines the administrative, reporting, and financial requirements of both parties. The Construction Funding Agreement between the City and the Foundation provides that the City will pay 73.1% of the construction costs and the Foundation will pay 26.9%, modified in several ways. First, the Foundation share shall not exceed $2,000,000. Second, any change orders (additional, unforeseen work) exceeding $25,000 shall be paid by the party whose project portion to which the change order relates, with the overriding qualification that the Foundation share not exceed $2,000,000. As outlined in this Agreement, the City will manage the construction project. Construction management services have also been added to the cost-sharing agreement due to staffing shortfalls related to the Measure N Library and Community Center bond project workload. The City’s portion of the funding for the renovation was approved in the 2006-07 budget (Capital Improvement Program Budget, Art Center Electrical and Mechanical Upgrades, PF-07000) and currently has $3,856,000 of funding appropriated. The Foundation has successfully raised $1,250,000 and has a business plan to raise the additional funds required for the Foundation’s portion of the Project by the completion of construction. The Foundation currently has $2,000,000 on hand in capital and other funds. In order to ensure successful communications throughout construction, this agreement requires the Foundation to establish an Administrator to coordinate all matters related to the agreement. As the project manager, the City will provide quarterly reports to the Foundation’s Administrator outlining the work performed and the amounts paid by the City to contractors, consultants, and other third parties in conjunction with the project. As outlined in this agreement, the Foundation will participate with the City in establishing the minimum contractor qualifications for the project. Amendment No. Three to Contract No. C08126592: This Amendment (Exhibit B) extends the timeline and expands the scope of the Design Agreement between the Foundation and the City. Because Amendment No. Two expired in March 2010, extending the agreement terms to June 1, 2011 ensures the contract remains current. Construction documents for the project are currently undergoing plan check as part of the Building Permit issuance process. Scope of the design work needs to be expanded to include February 07, 2011 Page 7 of 8 (ID # 1301) design for the Deferred Maintenance aspects of the project. As outlined in the Agreement, this expense will be incurred by the City. In addition, scope of the design work needs to be expanded to include bid documentation. As outlined in the Agreement, this expense will be split between the City and the Foundation based upon the cost-sharing ratio determined in the Construction Funding Agreement. Timeline, Resource Impact, Policy Implications, Environmental Review (If Applicable) Resource Impact: Funds for this project are available in the Capital Improvement Program Project PF-07000, Art Center Electrical and Mechanical Upgrades. In addition, $200,000 in funding will be transferred into the project from PF-14001, Roofing Replacement, as part of the mid-year budget process . Staff may return to council at the time of the award of the construction contract in order to cover any increased costs due to the inclusion of deferred maintenance items into the project. Policy Implications: This agreement is consistent with and furthers the intention of Comprehensive Plan Policy C-1: Encourage the creation of partnerships within the Mid-Peninsula or the greater Bay Area to seek effective solutions to shared problems and community service needs and Program B-3: On an ongoing basis, evaluate opportunities for City involvement in public/private partnerships including public investment in infrastructure and other improvements, siting of public art, and modification of land use regulations and other development controls and L-61: Promote the use of community and cultural centers, libraries, local schools, parks, and other community facilities as gathering spaces. Ensure that they are inviting and safe places that can deliver a variety of community services during both daytime and evening hours. Adding deferred maintenance to the project is consistent with the City’s goal to reduce the infrastructure backlog. Deferred maintenance items from the Art Center will be removed from the City’s backlog list by the Infrastructure Task Force. Timeline: Staff relocation to the Lucie Stern Center basement and other locations throughout the City is expected to occur in the Spring of 2011, followed shortly thereafter by the removal of any hazardous materials. Construction on the major renovations, including the temporary library in the auditorium, is expected to begin in the summer of 2011 and be completed in the summer of 2012. Construction on the Main Library is expected to begin at the end of 2012, shortly after the opening of the new Mitchell Park Library and Community Center. Environmental Review: The proposed project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA). An Environmental Impact Report was adopted June 24, 2002 for the Newell/Embarcadero Civic Facilities Expansion Program, which includes this proposed project. ATTACHMENTS: February 07, 2011 Page 8 of 8 (ID # 1301) Attachment A Art Center Construction Funding Agreement (DOC) Attachment B Amendment No 3 to Contract with Art Center Foundation (DOC) Prepared By:Karen Kienzle, Manager Art Center Department Head:Greg Betts, Director, Community Services City Manager Approval: James Keene, City Manager 1 CONSTRUCTION FUNDING AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO ART CENTER FOUNDATION FOR UPGRADES TO THE PALO ALTO ART CENTER RENOVATION PROJECT THIS AGREEMENT (“Agreement”) dated, ______, 2011 (the “Effective Date”), is entered into by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the “City”) and the PALO ALTO ART CENTER FOUNDATION, a corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California (the “Foundation”) (individually, a “Party” and, collectively, the “Parties”), in reference to the following facts and circumstances: RECITALS A.CITY owns and operates the Palo Alto Art Center, an approximately 28,000-square foot building and surrounding premises, located at 1313 Newell Road, Palo Alto, California (collectively, the “Facility”). B. The Parties have had a long history of collaboration and partnership. The Foundation has played an integral role in the support and operation of the Palo Alto Art Center since its inception in 1973. The most recent expression of partnership is contained in the Public/Private Partnership Agreement approved by the City Council on October 4, 2010. C.The Parties mutually desire to make improvements and upgrades to the Facility with the City managing the construction project and the Foundation funding a significant portion of the Work. D.The CITY has identified needed infrastructure upgrades and renovations for the Facility including seismic upgrades; plumbing, electrical, and mechanical upgrades; improved facilities for persons with disabilities; deferred maintenance; lighting; and interior painting work (the “City-Sponsored Work”). In addition, the Foundation has identified certain improvements that would further enhance the community benefit of the Facility. This work includes renovation of the sculpture garden; modification of classrooms, kitchen and hallway to create a children’s wing; installation of specialty equipment and millwork; construction of a children’s entry courtyard, parking and outdoor classroom; lighting upgrades in galleries, lobby and meeting room; and floor finishes in various locations (collectively “Foundation-Sponsored Upgrades”). The Parties agree that it will be more cost effective and less disruptive to the community if this additional work is performed in conjunction with the City-Sponsored infrastructure work. The City-Sponsored Work proposed by the City and the Foundation- Sponsored Upgrades described in this paragraph shall be collectively identified in this Agreement as the “Project” and summarized in Exhibit A. A more detailed description of the City-Sponsored Work and Foundation-Sponsored Upgrades is contained in Exhibit F. The work to be performed and the materials to be incorporated into the Facility are referred to as the “Work.” 2 E. Capital Improvement Program Project, Art Center Electrical and Mechanical Upgrades, PF-07000, was approved with the 2006-07 budget and currently has $3,856,000 of funding appropriated. The infrastructure elements contained in the approved CIP are included in the Project. F.FOUNDATION has successfully raised One Million Two Hundred Fifty Thousand Dollars ($1,250,000) and has pledge receivables and unrestricted cash sufficient to pay the additional $750,000 required for the Foundation’s portion of the Project by April 2012. G. Pursuant to an agreement dated on or about September 27, 2007, as amended, the Foundation retained Mark Cavagnero Associates (“MCA”) to prepare, among other things, detailed construction drawings for the Project (the “Design Contract”). A copy of the Design Contract (including all amendments thereto) is attached as Exhibit B. In accordance with an agreement between City and Foundation dated March 10, 2008, the City funded a portion of the design work (the “Design Cost Sharing Agreement”); H.In accordance with Chapter 2.30 of the Palo Alto Municipal Code, the City plans to publicly bid the Project; I.CITY and FOUNDATION desire to enter into this Agreement to set forth the terms and conditions for funding and management of the construction phase of the Project. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the following covenants, terms, conditions and provisions, the Parties agree: SECTION 1.RECITALS 1.1. Incorporation. The above recitals are hereby incorporated into this Agreement. SECTION 2.TERM 2.1 Duration. This Agreement shall commence on the Effective Date and shall continue until the later of (1) the completion of the construction of the Project or (2) December 1, 2012, unless terminated earlier pursuant to Section 5 (“Termination”). 2.2 Project Schedule. The Parties agree that the Project will proceed in accordance with the schedule of milestones set forth in Exhibit D attached to this Agreement (the “Project Schedule”). The City promptly shall notify the Foundation of any delays in meeting the Project Schedule. SECTION 3.RESPONSIBILITIES OF FOUNDATION 3.1 Assignment of Design Contract. The Parties anticipate that the Foundation shall continue to retain MCA to perform services under the existing Design Contract following the 3 execution of this Agreement. Such services would expand the existing scope of work for which the Foundation has retained MCA (i.e., completion of the construction drawings) to include the preparation of bid documentation and related services (the “Additional MCA Bid Services”) and revisions to the construction drawings to cover work that the City shall perform related to deferred maintenance of the Facility (the “Additional MCA Deferred Maintenance Services”). The Additional MCA Bid Services and the Additional MCA Deferred Maintenance Services are referred to collectively as the “Additional MCA Services.” The Parties anticipate that the City will reimburse the Foundation for the full cost of the Additional MCA Deferred Maintenance Services. The Parties will share the costs of the Additional MCA Bid Services in proportion to the Foundation’s Percentage Share and the City’s Percentage Share set forth in Section 6 of this Agreement. Upon not less than 10 days written request by the City, FOUNDATION shall assign to the City its rights to all existing plans and specifications prepared by MCA and all warranty rights and claims that it may have against MCA under the Design Contract (the “Assigned Rights”). The assignment of the Design Contract shall be in the form of Exhibit E to this Agreement. Notwithstanding such assignment, the Foundation shall continue to have the right and opportunity to participate in meetings and other communications between the City and MCA staff regarding the Project and to provide input to the City. If this Agreement is terminated in accordance with Section 5, then the City shall assign all of its rights under the Design Contract back to the Foundation. 3.2.Construction Contribution. Subject to the terms and conditions in this Agreement, FOUNDATION shall make a contribution (the “Foundation’s Contribution”) to the CITY to fund the construction costs and construction services associated with the Foundation- Sponsored Upgrades (the “Foundation’s Project Costs”) in accordance with the initial Project budget set forth on Exhibit F to this Agreement (the “Initial Project Budget”). The Foundation’s Contribution shall be in an amount not to exceed $2,000,000, and shall be paid to CITY in accordance with the Deposit Schedule set forth in Exhibit C of this Agreement. Project construction costs are all those costs incurred by the CITY in connection with the Project during the construction phase, including, but not limited to: labor, equipment and materials costs associated with demolition and construction; utility permit and inspection fees; specialized inspection and testing services and other specialized consultant services. Construction services are the construction administrative and construction management services described in Section 4.2. Construction costs shall not include the costs of CITY employees assigned to work on the Project. FOUNDATION shall be responsible for the Project construction costs related to the Foundation-Sponsored Upgrades, as set forth in the Initial Project Budget. Notwithstanding anything in this Agreement to the contrary, in no event shall the Foundation’s share of the cost of the Project exceed Two Million Dollars ($2,000,000) (the “Foundation’s Maximum Contribution”). If the Foundation’s Project Costs exceed the Foundation’s Maximum Contribution, the parties reserve the right to amend this Agreement to permit an additional contribution by the Foundation. In addition, if there are delays in completing any of the milestones set forth in the Project Schedule that were targeted to be completed prior to the date that the Foundation is required to pay any installment of the Foundation’s Contribution, then the date for such contribution shall be extended by a like number of days. 3.3. Evidence of Funds Available. No later than forty five (45) calendar days prior to the date set for CITY Council award of a construction contract for the Project, FOUNDATION 4 shall provide evidence satisfactory to the CITY Manager of the funds the organization has on hand for the Project. The Parties agree that a current bank statement stating the Foundation's funds on hand shall satisfy this requirement. 3.4 Selection of Administrator. FOUNDATION shall designate a person to serve as the organization’s administrator for purposes of this Agreement (“Administrator”). The Administrator shall be the agent of the Foundation and in such capacity shall be responsible for receipt of all notices under this Agreement, causing funds to be deposited with CITY in accordance with the Deposit Schedule, and coordinating on behalf of the Foundation all matters related to this Agreement. Upon request, the Administrator shall have the right to receive copies of all material communications by and among the City, the construction manager, the construction administrator, the contractor and other consultants and contractors retained in connection with the Project. FOUNDATION shall provide CITY in writing within fifteen (15) calendar days of the Effective Date of this Agreement, or such later date as may be agreed to in writing by all the parties, with the name and contact information for the person the organization has designated as the Administrator for purposes of this Agreement. The selection of and authority of the Administrator to act on behalf of the organization shall be evidenced by a corporate resolution or other official documentation of an action of the Board of Directors, a copy of which shall be provided to the City. The Foundation may elect to replace the Administrator by giving written notice to the City at least ten (10) days before the effective date of such replacement. Such notice shall state the name and contact information of the replacement Administrator. 3.5 Deposit of Funds with CITY. The Administrator shall deposit funds with the City for the construction costs and construction services related to the Foundation-Sponsored Upgrades as set forth in Exhibit C. The deposits shall be made in the form of a wire transfer, cashier’s check or other financial instrument acceptable to CITY. CITY shall hold the Foundation’s funds in a segregated interest-bearing account that is not commingled with other funds and shall only use such funds for construction costs associated with Foundation-Sponsored Upgrades as listed above. All interest accruing on such funds shall belong to the Foundation. CITY shall provide the Administrator with quarterly reports of the expenditures of the funds deposited pursuant to this Section as described in Section 4.4 below. Any modification to Exhibit C must be approved by the City Council. SECTION 4.RESPONSIBLITIES OF CITY 4.1 Project Initiation and Completion. CITY agrees to use commercially reasonable and good faith efforts to initiate construction of the Project by April, 2011 and to complete the Project by April, 2012 in accordance with the Project Schedule. FOUNDATION acknowledges and agrees that the Project schedule may be adversely impacted by delays related to factors outside CITY’s control, including, but not limited to design review, completion of design and construction drawings, changes in scope, and unforeseen conditions discovered while carrying out the Project. 4.2 Construction Services. 5 4.2.1 Construction Phase Services. City shall contract with Mark Cavagnero Associates (MCA) for construction services during the bid, construction and close out phases (“Construction Phase Services”). Foundation shall be responsible to pay for its share of such Construction Phase Services based in accordance with the Foundation’s allocated percentage set forth in Section 6. The City will withdraw the FOUNDATION’S share of the Construction Phase Services from the funds on Deposit. The City will pay the City’s share of Construction Phase Services based in accordance with the City’s allocated percentage as set forth in Section 6. 4.2.2 Construction Management Services. City shall contract with a qualified firm to provide construction management services during the bid, construction and close out phases for the on-going daily management and oversight of the project. The Foundation shall have the right to confer with the City and to provide input on the construction management firm that is selected, and the City shall consider such input in good faith. Foundation shall be responsible to pay for its share of construction management costs based on the percentage allocated to the Foundation in accordance with the allocation percentage set forth in Section 6. The City will withdraw the FOUNDATION’S share of the construction management services from the funds on Deposit. The City will pay the City’s share of construction management costs based in accordance with the City’s allocated percentage as set forth in Section 6. 4.3 Project Construction. 4.3.1 Contractor Qualifications. City shall compile a list of minimum contractor qualifications and bidding requirements and shall submit the list and such requirements to FOUNDATION for review and comment prior to releasing the bid. The City shall grant the Foundation a period of not less than ten (10) days after receipt of such qualifications and requirements during which time the Foundation may review and comment on the bidding qualifications and requirements. City will consider in good faith the Foundation’s requests for changes to the bidding qualifications and requirements, and shall incorporate all reasonable changes requested by the Foundation with respect to such qualifications and requirements. 4.3.2 Bidding; Selection of Bidder; Construction Contract. Following finalization of the bidding qualifications and requirements, CITY shall bid the Project in accordance with the requirements of the Palo Alto Municipal Code. FOUNDATION acknowledges and understands that the CITY is required to solicit bids for Project construction and to award the construction contract to the lowest responsive and responsible bidder. Following the closing of the period during which bids may be submitted, the City shall notify the Administrator of the names of all contractors who have submitted bids and shall provide the Foundation with copies of such bids. Thereafter, at a date and time mutually acceptable to the Parties, the City’s Project Manager and the Administrator shall meet to review the bids. The Administrator shall have the right to be accompanied at the meeting by construction, design or similar 6 representatives of the Foundation’s choice. The Administrator and such representatives shall have the right to provide input to the City with respect to the bids, including input regarding whether the bids of the bidding contractors satisfy the bidding qualifications and requirements and which of the contractor’s is the lowest responsive and responsible bidder. The City shall consider in good faith the Foundation’s input regarding the bids and shall thereafter decide which contractor will be selected as the lowest responsive and responsible bidder for the Project in accordance with the requirements of the Municipal Code. The City shall award a Construction Contract in substantially the same form as Exhibit G. The Foundation and its officers, directors, and employees shall be named as additional insured parties and indemnitees under the Construction Contract to the same extent as the City is so named. The City shall cause the Contractor to construct the Project in accordance with the approved plans and specifications and the Construction Contract. 4.3.3 Project Changes. As used in this Agreement, the term “change order” shall mean a written instrument, signed by the City and the Contractor, stating their agreement upon all of the following: (i) any change in the scope of work; (ii) the amount of the adjustment, if any, in the guaranteed maximum price (or other compensation to be paid to the Contractor), and (iii) the extent of the adjustment, if any, in the contractual time period set forth in the General Contract for completion of the work. If a change or changes in Project design or construction materials, equipment or methods are required for any reason (as reasonably determined by the City), such changes shall be documented by a written change order, and City shall review and approve (after consultation with the Foundation and receipt of the Foundation’s consent, to the extent required by this Agreement) all change orders for the Project. For all changes related to the Foundation’s scope of the Project, or any changes that will have a material effect on the program functionality or aesthetic appearance of any portion of the City-Sponsored Work, CITY shall provide the Administrator with prior written notice describing the Project change, the reason for the change, and the cost of the change. The notice shall specify the time period in which the Foundation’s input or approval is needed. The City shall use best efforts to provide at least 5 business days for Foundation response. However, the Parties acknowledge that certain change orders of an emergency nature may need immediate action and that, with respect to such changes, the City may give less than 5 business days’ notice to the Foundation. If the change is a cost increase related to the Foundation-Sponsored Work or would have an adverse effect on the program functionality or aesthetic appearance of the Project, CITY shall obtain approval from Administrator prior to authorization of work except as provided in the immediately preceding sentences of this paragraph. The Foundation’s approval right shall only apply to the program functionality and aesthetic aspects of the change order request and such approval shall not be unreasonably withheld. The Foundation shall use best efforts to respond within the time period requested by the City (which time periods shall be consistent with the preceding provisions of this Section 4.3.3) and if the Foundation does not respond within the time period specified in the notice, the City will have the right to act on the change order without Foundation authorization. In addition, the Foundation shall have the right to propose reasonable changes to the scope of the Foundation-Sponsored Upgrades if the Foundation determines during the course of construction that such changes are necessary or appropriate; the City shall consider such requests in good faith and shall endeavor to implement any such changes. 7 Subject to the terms and conditions set forth in this Agreement, the Parties’ shall bear the cost of change orders as set forth in Section 6 of this Agreement. If the cost of change orders for Foundation Sponsored Upgrades exceeds 25% of the Foundation’s Project Costs, the parties reserve the right to renegotiate the Foundation’s Maximum Contribution. The City shall establish and implement a change order control system. The City (either directly or through the Construction Manager) shall recommend necessary or desirable changes to the Work and shall manage the change order process by reviewing the requests for changes, negotiating the Contractor's and subcontractors' proposals, and if it determines that a change order is warranted, submitting recommendations to the Foundation. The City shall keep the Foundation informed of all change order requests, whether initiated by the City or the Contractor, and provide the Foundation with copies of all documentation relating to any change orders upon request. 4.4.Reporting. The City shall establish, implement and keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement and the Construction Contract. Such accounting and control systems shall be consistent with generally accepted accounting principles, consistently applied. Without limiting the foregoing, The CITY shall keep records of all funds advanced by the Administrator pursuant to this Agreement and of all expenditures of such funds. CITY shall submit quarterly reports (or more or less frequently as may be agreed to in writing by the parties) to the Administrator. The reports shall describe the work performed and amounts paid by the CITY to contractors, consultants and other third parties in connection with the construction of the Project during the previous quarter. CITY shall provide the Administrator with a reasonably detailed final report of all Project construction expenditures within sixty (60) days of completion of the Project, as evidenced by recording of a Notice of Completion for the Project, or earlier termination of this Agreement. 4.5 Refunds. If, following completion of the Project, a portion of the amount(s) advanced to CITY by the Administrator remains unexpended and unencumbered, the CITY shall return such amount to the Administrator within thirty (30) days after issuance of the final report pursuant to Section 4.4 above. If the Agreement is terminated as provided in Section 5 below, Foundation shall be entitled to a refund of their unexpended construction cost, plus a proportionate share of the balance of shared expense (calculated as provided in Section 6 below), if any, of the deposits made pursuant to Exhibit C of this Agreement. 4.6 Communications. The City shall keep the Administrator reasonably apprised of the progress of the Project and any significant events regarding the Project, including the bidding process, the drafting and negotiating of the Construction Contract, any requests for change orders, and the construction and close-out of the Project. The Administrator shall be given the opportunity to attend bi-weekly project meetings with the Contractor, Construction Manager and City. The Administrator shall communicate any Project input directly to the City and shall not direct the Contractor or Construction Manager. 4.7 Compliance with Law; Unforeseen Work. The City Sponsored Work includes the deferred maintenance items set forth in Exhibit F. In addition, the City will comply with all applicable federal, state and local laws and City department requirements that are implicated by 8 the construction of the Project. The City (and not the Foundation) shall be responsible for defects, deferred maintenance, or other problems at the Facility that are discovered during the construction of the Project and that must be addressed for any of the following reasons, all of which shall be part of the City-Sponsored Work: (a) public health and safety or (b) applicable law requires such conditions to be corrected or otherwise addressed, including without limitation any costs and expenses associated with the inspection, testing, abatement, containment, removal, transportation or remediation of hazardous materials that may be discovered during the course of construction of the Project or that otherwise exist at the Facility, and any costs associated with compliance with the Americans With Disability Act; (c) dry rot; and (d) termites or other pests. Nothing in this paragraph shall require the City to perform any work except if such work is required for the reasons set forth in Sections 4.7 (a) [public health and safety] or (b) [required by law] of this Agreement. The City will address and correct any such conditions at the City’s sole cost and expense in a timely manner in coordination with the Project’s construction. For the purposes of this Agreement, the term “hazardous materials” includes any materials that relate to the environment or health and human safety or that otherwise defined as hazardous or toxic under any applicable laws, including but not limited to asbestos and asbestos-containing materials. 4.8 Permit Fees. Except for Utility permit fees, as part of the City-Sponsored Work, the City shall be solely responsible for all permit, inspection and similar fees (including plan check fees, inspection fees, building permit fees and similar fees) relating to the Project, including without limitation those relating to the Foundation-Sponsored Upgrades. In accordance with City Policy and Procedure 1-25 regarding Public/Private partnerships, the respective parties shall be responsible for the utility permit fees attributable to their portion of the Work. 4.9 Other Project Costs. The City shall be responsible for the costs relating to the Commissioning agent, hazardous materials assessment and remediation, moving, testing and inspection fees; however, these costs shall not be included for purposes of calculating the cost share ratio in Section 6.1. SECTION 5.TERMINATION 5.1 Termination Prior to Award of Construction Contract. FOUNDATION, through the Administrator, may terminate this Agreement with or without cause at any time prior to the City’s execution of the Construction Contract for the Project by delivering to the City ten (10) days advance written notice of election to terminate. The City shall notify the Foundation at least fifteen (15) days prior to its execution of the Construction Contract that it intends to execute the Construction Contract. City through the City Manager may terminate this Agreement with or without cause at any time prior to execution of the Construction Contract for the Project by delivering to the Administrator ten (10) days advance written notice of election to terminate, provided that such termination right only may be exercised in either of the following events: (1) the lowest responsive and responsible bid for construction of the Project exceeds the construction budget established for the Project; or (2) the City Council, in its sole discretion, has determined for any reason that construction of the Project should not proceed. 5.2 Termination After Award of Construction Contract. Following execution of the Construction Contract for the Project, CITY may terminate this Agreement upon ten (10) days 9 notice to the Administrator for the following, and only the following, reasons: (1) the estimated Project costs, as reasonably determined by the CITY, have increased by more than 15% of the maximum amounts budgeted for the Project by CITY or (2) in the case of a Force Majeure Event that the City reasonably determines will result in a delay in completing the Project of more than 12 months beyond the originally anticipated completion date or cost increases of more than 15% of the maximum amounts budgeted for the Project by CITY. Estimated Project costs shall be determined as the sum of the Construction Contract price, any approved change orders, and any anticipated change orders that are required to complete the Project. “Force Majeure Event” shall have the meaning set forth in Section 10. In case of termination under this Section 5.2, FOUNDATION shall remain responsible for its share of, and CITY may use the funds on deposit to pay for, the Foundation’s share of construction costs, Construction Phase services and Construction Management services incurred through the time of termination. SECTION 6.CALCULATION OF PROPORTIONATE FUNDING 6.1 The Parties have prepared the Initial Project Budget attached to this Agreement as Exhibit F in an effort to set forth their good faith estimates of the total cost of the Project and the allocation of such costs between the City (i.e., with respect to the City-Sponsored Work) and the Foundation (with respect to the Foundation-Sponsored Upgrades), including a contingency amount of 15% of the anticipated cost of the Work. For purposes of this Agreement and except as may be modified under Section 6.2 or 6.5, City’s Percentage Share is 73.1% and Foundation’s Percentage Share is 26.9% as defined by the ratio in Exhibit H of each party’s summary estimated construction costs including deferred maintenance items as listed in Exhibit F. 6.2 Following receipt of the bids pursuant to Section 4.3, the parties shall work together to make any necessary or appropriate adjustments or revisions to the amounts allocated between the City and the Foundation in the Initial Project Budget and shall negotiate in good faith to agree on such adjustments which may affect the cost sharing ratio described in Section 6.1. If the Parties reach agreement on such allocation, then the revised budget shall supersede the Initial Project Budget and become the “Project Budget,” and, if necessary, the cost share ratio shall be modified. If the parties elect not to modify the allocations or are unable to reach agreement on how to allocate, the cost share ratio set forth in Section 6.1 shall apply. Any change to the cost share ratio shall be reflected in a written amendment to this Agreement. The Foundation shall be solely responsible for the costs included within the scope of the Foundation- Sponsored Upgrades, and the City shall be solely responsible for the costs included within the scope of the City-Sponsored Work. 6.3 Change Orders. 6.3.1 Change Orders Under $25,000. To the extent that any change orders are required in connection with the Project, if the change order is $25,000 or less, the Foundation will pay the Foundation’s Percentage Share and the City will pay the City’s Percentage Share as described in Section 6.1. 6.3.2 Change Orders Over $25,000. If the change order is in excess of $25,000, the Foundation shall bear 100% of the cost of all change orders that relate solely to the Foundation-Sponsored Upgrades, and the City shall bear 100% of the cost of all change 10 orders that relate solely to the City-Sponsored Work To the extent that any change order in excess of $25,000 relates in part to the Foundation-Sponsored Upgrades and in part to the City-Sponsored Work, the Parties shall work in good faith to determine an appropriate allocation of the costs of such change order. If the Parties are unable to agree on such allocation, then the Foundation will pay the Foundation’s Percentage Share and the City will pay the City’s Percentage Share as described in Section 6.1. 6.4 The Foundation shall be responsible for the Foundation’s Percentage Share of any shared construction-related costs, including but not limited to construction administrative services set forth in Section 4.2.1 and construction management services in Section 4.2.2. The City shall be responsible for the balance of such shared costs. 6.5 The Parties acknowledge that the actual construction of the Project will be undertaken as a single work of improvement and that during the course of construction it may be difficult to determine whether portions of the Work at any given time relates solely or primarily to the Foundation-Sponsored Upgrades or to the City-Sponsored Work. Accordingly, except with regard to any costs for Work specifically allocated to the City as provided in Section 4.7 (which shall be paid for solely by the City), Section 4.9 (other project costs) and Section 4.3.3 and Section 6.3 with regard to change orders that are specifically allocated to the City or to the Foundation in accordance with those sections, each disbursement of funds made by the City to the Contractor or to pay for any other authorized Project expenses shall be allocated between the City and the Foundation in proportion to the Foundation’s Percentage Share and the City’s Percentage Share, as the case may be, without regard to whether the disbursement in question relates solely or primarily to the Foundation-Sponsored Upgrades or the City-Sponsored Work. If the parties desire to adjust the cost sharing ratio to allocate a lesser percentage to City- Sponsored Work, this Agreement can be so amended upon approval by the City Manager. 6.6 Nothing in this Section 6 or elsewhere in this Agreement shall constitute a commitment by the Foundation to be required to pay or otherwise be responsible for any obligations in excess of the Foundation’s Maximum Contribution. 6.7 Within 90 days after the completion of the Project, the City shall prepare a final accounting of setting forth the total costs of the Project, including all change orders, and the respective contributions of the City and the Foundation. To the extent, if at all, that the actual amount of the Foundation’s share of such costs as determined under this Agreement is less than the funds paid or contributed by the Foundation, the City shall return such excess amount to the Foundation within 30 days after such amount has been determined. SECTION 7. WAIVER 7.1 The waiver by either Party of any breach or violation of any covenant, term, or condition of this Agreement or of the provisions of the PAMC or other City law, rule or regulation, will not be deemed to be a waiver of any such covenant, term, condition, or provision or of any subsequent breach or violation of the same or any other covenant, term, condition, or provision. The subsequent acceptance by either Party of any consideration which may become due or payable hereunder will not be deemed to be a waiver of any preceding breach or violation by the other Party of any other covenant, term, condition or provision. 11 SECTION 8.ASSIGNMENT 8.1 The Foundation will not assign, transfer, or convey this Agreement and the Exhibits without the express written approval of the City, and any such assignment, transfer or conveyance without the approval of the City will be void and, in such event, at the City’s option, this Agreement may be terminated upon reasonable notice to the Foundation. SECTION 9.NONDISCRIMINATION 9.1 As set forth in Palo Alto Municipal Code section 2.30.510, FOUNDATION certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. The Foundation acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 10.FORCE MAJEURE 10.1 A Party will be temporarily excused from the performance or further performance of any of its covenants or agreements or any terms or conditions that it is obligated to fulfill hereunder and such Party’s nonperformance shall not be deemed an event of default under this Agreement for any period to the extent that such Party is prevented, hindered or delayed for any period of time from performing any of its covenants or agreements, in whole or in part, or any term or condition it is required to perform or satisfy as a result of an act of God, war, civil disturbance, court order, or other cause beyond that Party’s reasonable control. The Parties hereby agree to use reasonable efforts to remedy the effects caused by the occurrence of the event giving rise to a Party’s temporary nonperformance of its covenants or agreements or any terms or conditions that it is obligated to fulfill hereunder. A Party will provide notice promptly to the other Party to the extent that such Party relies on the provisions of this Section to temporarily excuse its failure to perform any of its covenants or agreements or any terms or conditions hereunder and shall state therein the facts giving rise to its inability to perform and what actions that it intends to take to overcome such delay. SECTION 11.AUDITS; INSPECTION OF RECORDS 11.1 The Foundation will maintain, or caused to be maintained by its accountant or other agent, if any, books and records relating to funding of the Project subject of this Agreement during the Term and for three (3) years thereafter. It will permit the City to inspect, audit and copy, upon thirty (30) days’ prior written notice from the City at any reasonable time during the Term and for three (3) years after the expiration or earlier termination of the Agreement, the Foundation’s books and records pertaining to its obligations imposed by this Agreement. The Foundation will retain such books and records at accessible locations and for at least three (3) 12 years after the expiration or earlier termination of this Agreement, whichever occurs later. This provision will survive the expiration or earlier termination of this Agreement. 11.2 The City will maintain, or caused to be maintained by its accountant or other agent, if any, books and records relating to funding of the Project subject of this Agreement during the Term and for three (3) years thereafter. It will permit the Foundation to inspect, audit and copy, upon thirty (30) days’ prior written notice from the Foundation, at any reasonable time during the Term and for three (3) years after the expiration or earlier termination of the Agreement, the City’s books and records pertaining to its obligations imposed by this Agreement. The City will retain such books and records at accessible locations and for at least three (3) years after the expiration or earlier termination of this Agreement, whichever occurs later. This provision will survive the expiration or earlier termination of this Agreement. SECTION 12.INDEPENDENT CONTRACTOR 12.1 In the construction of the Project and the performance of other duties imposed upon it by this Agreement, the Foundation acts at all times as an independent contractor and not as an employee of the City. Nothing in this Agreement will be construed to establish a partnership, joint venture, group, pool, syndicate or agency between the Parties. No provision contained herein will be construed as authorizing or empowering either Party to assume or create any obligation or responsibility whatsoever, express or implied, on behalf, or in the name of, the other Party in any manner, or to make any representation, warranty or commitment on behalf of the other Party. In no event will either Party be liable for (a) any loss incurred by the other Party in the course of its performance hereunder, or (b) any debts, obligations or liabilities of the other Party, whether due or to become due. SECTION 13.REPRESENTATIONS AND WARRANTIES 13.1 On the Effective Date, each Party represents and warrants to the other Party that: (A) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (B) the execution, delivery and performance of this Agreement and the Exhibits are within its powers, have been duly authorized by all necessary action and do not violate any of its governing documents, any contracts to which it is a party or any law, rule, regulation, or order; (C) this Agreement and the Exhibits and any other document executed and/or delivered in accordance with this Agreement constitutes its legally valid and binding obligation enforceable against it in accordance with its covenants, terms, conditions and provisions, subject to any laws relating to bankruptcy, insolvency, and reorganization; (D) it has not filed and it is not now contemplating the filing for bankruptcy protection and, to its knowledge, there is not an involuntary proceeding threatened against it which would result in it being or becoming a debtor under any bankruptcy law; (E) there is not pending or, to its knowledge, threatened against it or any of its affiliates any legal proceedings that could materially adversely affect its ability to perform its obligations under this Agreement and the Exhibits; and (F) no event of default or potential event of default with respect to it has occurred and is continuing under this Agreement and no such event or circumstance would occur as a result of its entering into or performing its obligations under this Agreement and the Exhibits. 13 SECTION 14.NOTICES All notices, requests and approvals by a Party will be given, in writing, and delivered by personal service, the United States Postal Service, express delivery service, or facsimile transmission, as follows: TO CITY:City of Palo Alto City Clerk P.O. Box 10250250 Hamilton AvenuePalo Alto, CA 94303 With a copy to City of Palo Alto each of: P. O. Box 10250 250 Hamilton Avenue Palo Alto, CA 94303 ATTN: Director, Palo Alto Art Center; and the Manager, Facilities Maintenance and Projects TO FOUNDATION:Palo Alto Art Center Foundation 1313 Newell Road Palo Alto, CA 94303 ATTN: Teri Vershel, Co-President SECTION 16.DISPUTE RESOLUTION 16.1 If a dispute arises from or in connection with this Agreement, generally, or any Exhibit, in particular (a “Dispute”), the parties shall each designate a representative to meet and confer to promptly resolve the Dispute. 16.2 Nothing contained in this Agreement will prevent or otherwise restrict either Party from pursuing its equitable rights, including injunctive relief and specific performance, in the event of a material breach by the other Party. SECTION 17.MISCELLANEOUS 17.1 This Agreement will be governed by and construed in accordance with the laws of California and, as appropriate, the Charter, and the PAMC. The Parties will comply with applicable laws in the exercise of their rights and the performance of their obligations under this Agreement. 17.2 All covenants, terms, conditions and provisions of this Agreement, whether covenants or conditions, will be deemed to be both covenants and conditions. 17.3 This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations and contracts, written or oral, relating to the subject matter of this Agreement. This Agreement may be amended by an instrument, in writing, 14 signed by the Parties. 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. 17.4 All exhibits referred to in this Agreement are by such references incorporated in this Agreement and made a part hereof. A reference to this Agreement will include a reference to the applicable exhibit or exhibits hereto. The following exhibits are made a part of this Agreement: Exhibit “A” -- Description of Foundation and City-Sponsored Work Exhibit “B” – Design Contract Exhibit “C” -- Payment Schedule Exhibit “D” – Project Schedule Exhibit “E” – Form of Assignment of Rights Under Design Contract Exhibit “F” – Initial Project Budget Exhibit “G” – Construction Contract Exhibit “H” – Cost Share Ratio 17.5 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 and the Exhibits or any amendment thereto. 17.6 In the event that an action is brought, the Parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 17.7 If a court of competent jurisdiction finds or rules that any provision of this Agreement, the Exhibits, or any amendment thereto, is void or unenforceable, the unaffected provisions of this Agreement, the Exhibits, or any amendment thereto, will remain in full force and effect. 17.8 The term “day” means a calendar day, unless a “business day” is specified; for the purposes of this Agreement, “business day” means a calendar day but it excludes any “Regular Holiday” or “Other Special Day” referred to in PAMC Section 2.08.100 or any Friday that is considered a ‘9/80’ day, when the City does not require employees, electing to work nine (9) business days in a ten-business-days biweekly period, to work on such days. 17.9 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 17.10 The City shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the Foundation and its officers, directors, employees, successors and assigns (collectively, the “Indemnified Parties”) from and against all liabilities, claims, demands, debts, controversies, judgments, awards, fines, damages, costs, losses and expenses, including without limitation attorneys’ fees, disbursements and court costs, and all other consultant and expert fees and costs (collectively, “Claims”) for (a) personal injury, death, or property damage arising from the Project, (b) any claims of lien or stop notices asserted by any contractor, or (c) otherwise relating to or arising from the design or construction of the Project. The duty to defend is independent of and separate from the duty to indemnify and such duty to defend exists regardless 15 of any ultimate liability of City or any Indemnified Party. Such defense obligation shall arise immediately upon submission of any Claim by any Indemnified Party or written notice of such Claim being provided to City. City’s indemnification obligation hereunder shall survive the expiration or earlier termination of the Agreement until such time as it is determined by final judgment that any Claim against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred as to the Indemnified Parties by the applicable statute of limitations. 17.11.Notwithstanding anything in this Agreement to the contrary, no director, officer, employee or volunteer of the Foundation will have any personal liability under this Agreement. SECTION 18. NON-APPROPRIATION 18.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. The preceding provisions of this Section 18.1 shall not excuse the City from using funds previously appropriated for the Project. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. / / / / / / / / / / / / / / 16 IN WITNESS WHEREOF, the Parties by their duly authorized representatives have executed this Agreement on the Effective Date. APPROVED AS TO FORM:CITY OF PALO ALTO _________________________________________________________________ Senior Asst. City Attorney City Manager APPROVED: PALO ALTO ART CENTERFOUNDATION _________________________________________________________________ Director of Administrative Services President _________________________________________________________________ Director of Community Services Chief Operating Officer ______________________________ Director of Public Works Exhibit “A” - Description of Foundation and City-Sponsored Work Exhibit “B” – Design Contract Exhibit “C” - Payment Schedule Exhibit “D” – Project Schedule Exhibit “E” –Form of Rights Under Assignment of Design Contract Exhibit “F” –Initial Project Budget Exhibit “G” – Construction Contract Exhibit “H” – Cost Share Ratio Calculation 17 Exhibit A DESCRIPTION OF FOUNDATION AND CITY-SPONSORED WORK 1. INTRODUCTION The City of Palo Alto is upgrading the Art Center building, located at 1313 Newell Rd, Palo Alto, CA. The City’s scope of work includes replacement or retrofit of building ventilation systems, electrical systems and distribution wiring, fire life safety systems, and accessibility upgrades (as triggered by Title 24 provisions required by the aforementioned upgrades) to the facility, while the Foundation’s scope of work includes the creation of a Children’s Wing and an upgrade of the exhibition galleries. The project also includes installation of energy saving systems/features. In addition to the abovementioned electrical, mechanical and Children’s Wing improvements, the City will also now add deferred-maintenance items to the project such as a new roof, new gutters, new downspouts, seismic upgrade to roofing envelope, exterior painting, new carpets, additional interior painting, termite treatment and dry rot repairs, new window safety glazing and exterior lighting improvements. 2.SCOPE OF SERVICES The project scope includes all labor, material and equipment. The following contains a general description of the scope of work included in each element listed below. Foundations Minor cutting and patching for plumbing work included in plumbing section. Structure Roof framing diaphragm strapping and connection strengthening. Termite treatment and dry-rot repairs. Exterior enclosure Removal of existing windows/walls to accommodate new doors, infilling existing window system with spandrel glass and CMU wall infill at various locations. Window safety glazing upgrade to bottom windows in courtyard. Exterior painting. Roofing Roof replacement and seismic upgrade to roofing envelope. New gutters and downspouts. Interior division New interior partitions with gypsum board to both sides, doors, frames and hardware. Finishes New finishes at various locations, including ceramic tile at restrooms, resilient flooring through, carpet, painted walls, painted gypsum board ceilings, and 2x2 concealed spline ceilings at various locations. Equipment Equipment includes prefabricated toilet compartments and accessories, shelving and millwork, cabinets and counter tops, chalkboards and insignia, amenities and convenience items. 18 Vertical transportation Rework stairs, ramps and railings for ADA compliance. Plumbing Demolition and re-pipe of waste and water service piping, new sanitary fixtures with associated waste, vent and service piping, domestic cold and hot water piping system. HVAC Demolition of existing ceiling located AC units, condensing unit, boiler with pumps, piping, ductwork and controls, including installation of new AHU and ductwork. New air cooled chiller and CHW piping, new boiler and HHW. Fire protection Repair and replacing of existing sprinkler heads. Electrical Primary underground raceway, utility transformer, secondary underground raceway, electrical service switchboard (NEMA 3R), re-feed existing switchboard, motor connections, receptacles as required, maintain existing receptacle system. New interior lighting. Site work Landscaping, paving, drop off parking and site fencing. Irrigation improvements. New children’s entrance walkway and courtyard. Sculpture garden concrete work to match accessibility ramps. Site Utilities Site lighting, electrical feeders, mechanical, and drainage. Telecom New Telephone/data cabling Fire Life Safety New fire alarm system and security system. Abatement Hazardous Material Abatement Building Certification LEED certification and Commissioning 19 Exhibit B DESIGN AGREEMENT AND AMENDMENT ADD SERVICES [To Be Inserted At Closing] 20 Exhibit C PAYMENT SCHEDULE Foundation shall deposit with City: 75 calendar days prior to scheduled award date of construction contract --$1,250,000 At Notice of Substantial Completion -- Lesser of $750,000 or balance of Foundation Project Costs TOTAL:$2,000,000 Maximum 21 Exhibit D PROJECT SCHEDULE Milestones:Approx. Date: Pre-construction Phase (5 months): Begin Prequalification of Contractors February 2011 Begin move-out of staff/materials March 2011 Begin hazardous material removal April 2011 Advertise for construction bids April - May 2011 Award of Construction Contract June 2011 Construction Phase (10-12 months): Construction Start June 2011 Construction Completion April 2012 Move-back of staff/materials May 2012 Grand-opening June 2012 22 Exhibit E FORM OF ASSIGNMENT OF RIGHTS UNDER DESIGN CONTRACT ASSIGNMENT OF DESIGN CONTRACT RIGHTS THIS ASSIGNMENT OF DESIGN CONTRACT RIGHTS (“Assignment”) is executed and delivered effective as of ___________, by the PALO ALTO ART CENTER FOUNDATION, a corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California (“Assignor”), for the benefit of the CITY OF PALO ALTO, a California chartered municipal corporation (“Assignee”). All capitalized terms used in this Assignment have the meaning given to such terms in that certain Construction Funding Agreement Between the City of Palo Alto and the Palo Alto Art Center Foundation for Upgrades to the Palo Alto Art Center Renovation Project dated _____________ (the “Agreement”). For good and valuable consideration, receipt of which is hereby acknowledged, Assignor does hereby assign to Assignee: (1) all plans and specifications prepared by MCA in connection with the Project (the “Plans”), (2) all present and future claims, causes of action and other rights of any nature, whether in contract or in tort, that Assignor may have against MCA in connection with the design of the Project, including without limitation all rights to insurance proceeds with respect to the Design Contract; and (3) to the extent assignable, all warranties and guarantees arising under the Design Contract (collectively, the “Assigned Rights”); provided, however, that Assignor shall have jointly with Assignee the same rights assigned to Assignee pursuant to this Assignment so that Assignor shall not be precluded from prosecuting any claim that Assignor may have against MCA. Assignor hereby covenants that it will, at any time and from time to time upon written request from Assignee, execute and deliver to Assignee or its successors and/or assigns any new or confirmatory instruments, and do and perform any other acts which Assignee or its successors and/or assigns may request in order to fully transfer possession and control of the Assigned Rights intended to be transferred and assigned hereby. This Assignment shall be binding upon and inure to the benefit of Assignee and its successors and assigns. This Assignment may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. THE ASSIGNED RIGHTS ARE TRANSFERRED AND ASSIGNED BY ASSIGNOR ON AN “AS IS, WHERE IS” BASIS, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE RIGHTS TRANSFERRED HEREUNDER, OR BY ANY SAMPLE OR MODEL THEREOF, AND ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE CALIFORNIA UNIFORM COMMERCIAL CODE. SUCH 23 ASSIGNMENT AND TRANSFER IS SUBJECT TO ANY AND ALL RIGHTS OF MCA AND ANY OTHER THIRD PARTIES IN AND TO THE ASSIGNED RIGHTS. IN WITNESS WHEREOF, this Assignment is executed and delivered by the Assignor to the Assignee as of the date first set forth above. PALO ALTO ART CENTER FOUNDATION By:_____________________________ Name:__________________________ Title:___________________________ 24 Exhibit F INITIAL PROJECT BUDGET [To Be Inserted At Closing] 25 Exhibit G CONSTRUCTION CONTRACT [To Be Inserted At Closing] 26 Exhibit H ART CENTER PERCENTAGE SHARE CALCULATION (Thousands of Dollars) Total Cost City Portion Foundation Portion Phase 1 Construction $3,785 $2,541 $1,244 Additive Alternates 118 106 12 Deferred Maintenance 760 760 0 Special Testing & Inspections 10 7 3 TOTAL $4,673 $3,414 $1,259 PERCENTAGE SHARE 73.1%26.9% Note: The costs in this exhibit are taken from the January 25, 2011 Building Permit Set Cost Estimate for Palo Alto Art Center prepared Mack5. 101216 jb 0130658 1 AMENDMENT NO. THREE TO CONTRACT NO. C08126592 BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO ART CENTER FOUNDATION FOR THE DESIGN OF CAPITAL IMPROVEMENTS RELATING TO THE RENOVATION OF THE PALO ALTO ART CENTER This Amendment No. Three to Contract No. C08126592 (“Contract”) is entered into _____________, 2011 between the CITY OF PALO ALTO (the “City”) and the PALO ALTO ART CENTER FOUNDATION (the “Foundation”) (individually, a “Party” and, collectively, the “Parties”), in reference to the following facts and circumstances: RECITALS: 1.On March 10, 2008, the Parties entered into the Design of Capital Improvements Relating to the Renovation of the Palo Alto Art Center agreement (the “Design Agreement”). 2.On December 15, 2008, Council approved Amendment No. One to Contract Number C08126592 with the Foundation in the amount of $78,580 for the Planning and Design Phase for the Renovation and Capital Improvements to the Palo Alto Art Center, Capital Improvement Program Project PF-07000. Amendment No. One addressed scope increases to the design development phase due to new green building requirements, accessibility and seismic code requirements, hazardous materials testing and removal, and determination of the extent of required electrical system upgrades. 3.On March 16, 2009, Council approved Amendment No. Two to Contract Number C08126592 with the Foundation in the amount of $6,249 for a Total Not to Exceed Amount of $374,829 for the Development of Construction Documents for the Renovation and Capital Improvements to the Palo Alto Art Center, Capital Improvement Program Project PF-07000. Amendment No. Two also changed the scope of the agreement between the City of Palo Alto and the Foundation to include design services only, and exclude any payment for bid and construction phase services. In addition, the Amendment extended the term of the agreement from March 31, 2009 to March 31, 2010 to allow time for the completion of construction documents. 4.The parties intend to enter into a Construction Funding Agreement whereby the Foundation will contribute up to $2 Million to fund renovations and upgrades to the Art Center; 5.The Parties wish to amend the Design Agreement to: (1) extend the term of the Agreement from March 31, 2010 to June 1, 2011 to ensure the contract stays current; (2) expand the scope of the design work to include design for deferred maintenance aspects of the project whereby the expense will be incurred by the City; and 3) expand the scope of the design work to include bid documentation that will be split between the City and the Foundation based upon the cost-sharing ratio determined in the concurrent Construction Funding Agreement. 101216 jb 0130658 2 AGREEMENT: NOW, THEREFORE, in consideration of the terms, conditions, and provisions of this Amendment, the Parties agree, as follows: SECTION 1. Section 2.1 of the Design Agreement is amended to read, as follows: “2.1 The term of this Design Agreement (the “Term”) shall commence on the Effective Date and continue through June 1, 2011. If the completion of the design and plan development phase of the Project is delayed for any reason beyond the reasonable control of the Foundation, then subject to the preceding sentence, the Parties may agree, in writing, to extend the Term on a month-to-month basis, in order to permit the Foundation to complete the design and bid documentation phase of the Project.” SECTION 2. Recital 6 is added to the Design Agreement to read as follows: “6.The Foundation has entered into an agreement with the Architect to perform the following additional services: (1) preparation of plans for additional deferred maintenance task items as set forth in Exhibit A-1 which is attached and incorporated by reference and (2) completion of construction drawings as set forth in Exhibit A-2.” SECTION 3. Section 4.2 of the Design Agreement is amended to add the following provisions: “The City shall reimburse the Foundation for the costs incurred by the Foundation in connection with the deferred maintenance scope described in Recital 6 in an amount not to exceed $79,505 for fees associated with incorporation of the deferred maintenance items into existing construction documents and not to exceed $30,000 for services associated with HRB/ARB review of the additional services. The City shall also reimburse the Foundation for its proportionate share of the additional services related to completion of construction drawings described in Recital 6 in an amount not to exceed $45,043. For purposes of this Amendment No. 3, the City’s proportionate share of the additional services for completion of construction drawings shall be 73.1% percent. The City shall pay such costs as invoiced by the Foundation. The Foundation’s invoice shall include documentation in support of each installment payment request. The required documentation will consist of the Architect’s invoices, as submitted to the Foundation for payment, with documentation of all design and plan development services rendered to that point in time, together with the Foundation’s proof of payment of such invoices.” SECTION 4.Except as they are herein modified, all other provisions of the Design Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. 101216 jb 0130658 3 IN WITNESS WHEREOF, the Parties hereto have duly executed this Amendment No. 2 on the day and year first written. APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney APPROVED: __________________________ City Manager __________________________ Director of Administrative Services __________________________ Director of Community Services ___________________________ Acting Director of Public Works CITY OF PALO ALTO ____________________________ Mayor PALO ALTO ART CENTER FOUNDATION By:___________________________ Name:_________________________ Title:________________________ 101216 jb 0130658 4 Exhibit A-1 Additional Services Agreement for Deferred Maintenance Work Exhibit A-2 Additional Services Agreement for Bid Services City of Palo Alto (ID # 1308) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/7/2011 February 07, 2011 Page 1 of 6 (ID # 1308) Title: Drought Implementation Plan Subject: Approval of a Utilities Advisory Commission Recommendation to Adopt a Resolution Approving a New Tier II Water Shortage Allocation Plan Pursuant to Section 3.11(C) of the 2009 Water Supply Agreement with San Francisco From: City Manager Lead Department: Utilities Recommendation Staff and the Utilities Advisory Commission Recommend that the Council Adopt a Resolution approving a new Tier II Water Shortage Allocation Plan pursuant to Section 3.11(C) of the 2009 Water Supply Agreement with San Francisco. Executive Summary Since July 2009 when the new 25-year Water Supply Agreement with San Francisco went into effect, there has been no plan to divide available water among the agencies who buy water from San Francisco during a water shortage such as a drought. Starting in October 2009, the agencies met regularly to begin discussions on a new methodology. In August 2010, agreement was reached on a new formula. This report presents the new Water Shortage Allocation Plan and recommends the City Council approve the new plan by Resolution. Background The 1984 Settlement Agreement and Master Water Sales Contract (1984 Agreement) between the City and County of San Francisco and the Wholesale Customers provided the framework for the San Francisco Public Utilities Commission (SFPUC) and the Wholesale Customers of the SFPUC system to allocate water during a water shortage. The 1984 Agreement also specified that the Bay Area Water Supply and Conservation Agency (BAWSCA) member agencies and the SFPUC will “begin good faith negotiations to develop a water conservation plan” that will supersede the default allocation in Section 7.03 (b) of the contract. The default method essentially allocates water during a drought on a pro-rata basis using the proportional water use from the year immediately preceding a drought. Following the drought that began in the late 1980’s, the BAWSCA agencies and the SFPUC began working on a shortage plan that would eliminate the disincentive to conserve and provide a better basis for member agencies’ future planning decisions. February 07, 2011 Page 2 of 6 (ID # 1308) The discussions resulted in the Interim Water Shortage Allocation Plan (IWSAP), which was approved by the BAWSCA agencies including the City of Palo Alto in January 2001 (CMR 113:01). The IWSAP provided a formula to allocate water during system wide water shortages with a reduction in supplies of up to 20 percent. The plan had the following elements: a term, a provision addressing the allocation of available water between San Francisco and BAWSCA agencies (Tier 1) and a method of allocating available water determined in Tier 1 amongst the individual BAWSCA agencies (Tier 2). During the term of the IWSAP, no water supply shortages were declared so the allocation methodology in the IWSAP was never used. On May 19, 2009, City Council approved the new Water Supply Agreement (2009 Agreement) between San Francisco and the BAWSCA agencies (CMR 252:09). Section 3.11(C) of the 2009 Agreement includes a Water Shortage Allocation Plan to allocate water from the regional system between San Francisco and BAWSCA members during droughts called by the SFPUC. The Tier 1 Shortage Plan (“Tier 1 Plan”) will apply to system-wide shortages of 20% or less, and replaced the Tier 1 portion of the IWSAP. The provisions of the Tier 1 Plan allow wholesale customers to “bank” drought allocations and to voluntarily transfer them to each other and to San Francisco. The Tier 1 Plan also presents an updated schedule for actions preceding and during a drought. To replace the Tier 2 part of the IWSAP, the 2009 Agreement authorized the BAWSCA members to adopt a methodology for allocating the water between members which is collectively available to them as a whole. The 2009 Agreement also commits the SFPUC to honor allocations of water unanimously agreed to by all the BAWSCA agencies or, if unanimous agreement cannot be achieved, water allocations that have been adopted by the BAWSCA Board of Directors. The 2009 Agreement provides that the SFPUC can allocate water supplies as necessary during a water shortage emergency if no agreed upon plan for water allocation has been adopted by the 26 BAWSCA agencies or the BAWSCA Board of Directors. Commencing in October 2009, representatives of each BAWSCA member agency have been meeting to develop a successor water shortage allocation plan. The members began by agreeing to a set of principles to serve as guidelines for an equitable allocation methodology, as well as formulas and procedures, to implement those principles. The guiding principles were that the plan should: Provide certainty of drought allocations with consistent and pre-determined rules for calculation; Provide sufficient amounts of water for basic needs of customers; Create an incentive for water conservation at all times and the development and management of alternative water supplies; Avoid preventable, adverse economic impacts; Avoid reallocation of water supply assets and investments among agencies without mutual consent and compensation; and February 07, 2011 Page 3 of 6 (ID # 1308) Recognize inherent differences in land use and climate. The discussions and supporting technical analyses were conducted over many months and with the assistance of BAWSCA staff. On August 25, 2010, the representatives unanimously agreed to recommend adoption of the Tier 2 Plan to each of their respective governing bodies. Discussion The new Tier 2 Plan establishes an allocation formula that determines how the available water from the regional system will be allocated between the individual BAWSCA member agencies in system-wide shortages up to 20%. The key features of the allocation formula are as follows: 1.Allocation Formula: the formula contains two components that are weighted differently. The first component, which is one/third weighted, is an agency’s Individual Supply Guarantee (ISG) (with slight variations for Hayward, San Jose, and Santa Clara). The purpose of this component is to recognize the importance of contractual rights to the SFPUC system. The second component, which is two/thirds weighted, is applied to a seasonal calculation using 3-year average monthly total water supply. The purpose of this component is to recognize that some agencies have discretionary, non-essential, water uses that can be reduced to minimize regional economic and human health impacts. 2.Applicability: the minimum reduction for an agency is set to 10% and the maximum reduction is equal to no more than the average reduction plus 20%. This provision is included to ensure that no agency bears an unfair and disproportionate share of any reduction. 3.Health and Safety Guarantee: the plan includes a provision to guarantee a sufficient supply of water to East Palo Alto to meet health and safety needs for its residents. This provision was added because the City of East Palo Alto is projected to grow beyond its ISG. East Palo Alto’s per capita water use is extremely low and, absent any adjustment, it could receive a drought allocation that does not provide enough water for minimum health and safety needs. The BAWSCA members agreed to provide adequate supplies to meet minimum health and safety needs for East Palo Alto. 4.Term: The proposed Tier 2 Plan expires on December 31, 2018. The Tier 2 Plan allocates the collective Wholesale Customer drought allocation among each of the 26 wholesale customers through 2018 to coincide with the Interim Supply Limitation, San Francisco’s deferral of decisions about additional supply until at least 2018. The Tier 1 and Tier 2 Drought Allocation Plans apply only during times of water shortages caused by drought. San Francisco’s Interim Supply Limitation applies in all years through 2018, regardless of water supply availability. February 07, 2011 Page 4 of 6 (ID # 1308) City of Palo Alto’s Allocation In general, the new drought allocation formula will result in a decreased water shortage allocation for the City of Palo Alto compared to the formula in the expired IWSAP. Figure 1 illustrates the effect of the new formula vs. the IWSAP formula for two demand scenarios when there is a system-wide reduction of 20%. Figure 1 – City of Palo Alto Drought Allocation Scenario The lower allocation under the new formula is largely a result of the seasonal component of the formula. In theory, the more potable water that is used for irrigation purposes, the more an agency is penalized in the new formula with a lower drought-time allocation. However, the ISG component of the formula can serve to offset the impact of the seasonal component. This is particularly true in Palo Alto’s case since the City’s current water use (about 11.0 million gallons of water per day (mgd) in FY 2010) is well below its ISG (17.075 mgd). Though not explicitly by design, a noteworthy feature of the new formula is that it provides an incentive to conserve water in a different manner than the formula in the expired IWSAP. The previous formula had a conservation incentive element, but it did not differentiate between indoor and outdoor water use efficiency. The new formula provides a double benefit for outdoor efficiency by reducing irrigation demand in the seasonal component of the formula and also reducing overall demand below the ISG. Indoor conservation, on the other hand, will not influence the seasonal component of the formula, but will reduce demand below an agency’s ISG. This structure provides the foundation to promote outdoor water use efficiency, including, for example, providing support for water rate structures that encourage investments in irrigation efficiency and drought tolerant landscapes. Increased attention to outdoor water use efficiency and drought tolerant landscapes will also prepare the City for future drought conditions that could result in substantial landscape replacement costs. The City of Palo Alto’s 2005 Urban Water Management Plan (UWMP) specifies how the City will respond to different stages of water supply reductions. The new water shortage allocation February 07, 2011 Page 5 of 6 (ID # 1308) formula increases the likelihood that the City will need to implement more stringent dry year demand- and supply-side options, including the option of relying on supplemental groundwater supplies from Palo Alto’s groundwater extraction wells. Staff is in the process of preparing the 2010 UWMP update. The 2010 UWMP will include a discussion of potential dry year impacts of the new water shortage allocation formula and the options available to the City to mitigate those impacts. Staff anticipates submitting the Draft UWMP to the UAC in April 2011 and to the City Council in May 2011. The deadline for submission of the 2010 UWMP to the State is June 2011. No Recommendation Alternative All the BAWSCA agencies will seek formal approval of the Drought Allocation Plan from their respective governing bodies. Like all the members, Palo Alto has the discretion to not approve the proposed drought allocation method. If this course of action were chosen by any one agency, Section 3.11(C)(3) of the 2009 Agreement provides that the BAWSCA Board of Directors will be given the opportunity to approve a new formula. Absent action by the BAWSCA Board of Directors, the SFPUC will make a decision on the matter. The proposed formula was the subject of over a year of discussion and is the result of agreement among 26 agencies with many different views on appropriate allocation methodologies. Staff’s recommendation to approve the proposed Drought Allocation Plan inherently recognizes that the outcome of a decision by the BAWSCA Board of Directors is unlikely to result in an improvement over the current proposal. Utilities Advisory Commission Discussion Staff presented the matter to the Utilities Advisory Commission (UAC) at its January 12, 2010 meeting. Staff presented the proposed recommendation and background as described in this report. The commission discussed the proposed plan and determined that the options to approval were not advisable. Draft minutes from the UAC’s meeting are attached. Key discussion items included a question of what would be done in the case that the required water reductions exceed 20% since the plan is only applicable in shortages up to 20%. Staff responded that the SFPUC would determine the reduction formula in that event. A commissioner also inquired about the default process if any of the BAWSCA members did not approve the new plan. Staff explained that the contract is clear that the BAWSCA Board of Directors would be given an opportunity to approve a new formula and the SFPUC would only act in the unlikely event that the BAWSCA Board did not. Absent BAWSCA Board action, staff cannot say what decision the SFPUC may take. After the discussion, the UAC unanimously recommended that the City Council approve the new Water Shortage Allocation Plan. Resource Impact February 07, 2011 Page 6 of 6 (ID # 1308) Approval of the new Drought Allocation Plan will not result in additional resource impacts for the City Environmental Review Adoption of this resolution is categorically exempt from the California Environmental Quality Act as an action by a regulatory agency for the protection of natural resources (CEQA Guidelines Section 15307), and an as action taken by a regulatory agency for protection of the environment (CEQA Guidelines Section 15308). ATTACHMENTS: Attachment A: City Council Resolution Approving Tier 2 Plan (DOC) Attachment B: Utilities Advisory Commission Excerpted Minutes (DOC) Prepared By:Nicolas Procos, Resource Planner Department Head:Valerie Fong, Director City Manager Approval: James Keene, City Manager *NOT YET APPROVED* 110119 dm 6051514 1 Resolution No. ________ Resolution of the Council of the City of Palo Alto Approving a New Tier II Water Shortage Allocation Plan Pursuant to Section 3.11(C) of the 2009 Water Supply Agreement with San Francisco WHEREAS, the City of Palo Alto is one of 26 agencies in San Mateo, Santa Clara and Alameda Counties which purchase water from the City and County of San Francisco (San Francisco) pursuant to a Water Supply Agreement entered into in 2009 (Agreement). Collectively these 26 agencies are referred to in the Agreement as Wholesale Customers. WHEREAS, Section 3.11 of the Agreement addresses times when insufficient water is available in the San Francisco Regional Water System to meet the full demands of all users. Section 3.11(C) provides that during periods of water shortage caused by drought, the San Francisco Public Utilities Commission (SFPUC) will allocate available water between its retail customers and the Wholesale Customers collectively, in accordance with a schedule contained in the Water Shortage Allocation Plan set forth in Attachment H to the Agreement (Tier I Plan). WHEREAS, Section 3.11(C) authorizes the Wholesale Customers to adopt an additional Water Shortage Allocation Plan, including a methodology for allocating the water which is collectively available to the 26 Wholesale Customers among each individual Wholesale Customer (Tier II Plan). It also commits the SFPUC to honor allocations of water unanimously agreed to by all Wholesale Customers or, if unanimous agreement cannot be achieved, water allocations that have been adopted by the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA). The Agreement also provides that the SFPUC can allocate water supplies as necessary during a water shortage emergency if no agreed upon plan for water allocation has been adopted by the 26 Wholesale Customers or the BAWSCA Board of Directors. WHEREAS, commencing in October 2009, representatives appointed by the managers of each of the Wholesale Customers have been meeting to develop a set of principles to serve as guidelines for an equitable allocation methodology, as well as formulas and procedures, to implement those principles. These discussions, and supporting technical analyses, have been conducted with the assistance of BAWSCA staff. WHEREAS, the Tier II Plan, attached to this resolution as Exhibit A, has been endorsed by all of the Wholesale Customer representatives who participated in the formulation process and they have committed to recommend that it be formally adopted by the governing body of their respective agencies. WHEREAS, the Tier II Plan allocates the collective Wholesale Customer share among each of the 26 wholesale customers through December 31, 2018 to coincide with San Francisco’s deferral of decisions about additional water supply until at least 2018. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Tier II Drought Implementation Plan, a copy of which is attached hereto as Exhibit A, is approved. *NOT YET APPROVED* 110119 dm 6051514 2 SECTION 2. This approval is conditioned upon all of the other 25 Wholesale Customers approving the Plan, such approvals being evidenced through adoption of similar resolutions or, in the case of private-sector organizations, by other equivalently binding written commitments signed by an executive officer acting within the scope of delegated authority, and all such approvals occurring on or before June 30, 2011. SECTION 3. If such resolutions or binding commitments are not adopted by that date, this resolution will automatically expire and be of no further effect after June 30, 2011, unless it has been extended prior thereto by further action of this Council. SECTION 4. The Council finds that adoption of this resolution is categorically exempt from the California Environmental Quality Act as an action taken by a regulatory agency for the protection of natural resources (CEQA Guidelines Section 15307), and an as action taken by a regulatory agency for protection of the environment (CEQA Guidelines Section 15308). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ______________________________________________________ City Clerk Mayor APPROVED AS TO FORM:APPROVED: ______________________________________________________ Senior Deputy City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services *NOT YET APPROVED* 110119 dm 6051514 3 EXHIBIT A TIER II DROUGHT IMPLEMENTATION PLAN AMONG WHOLESALE CUSTOMERS This Tier II Drought Implementation (Plan) describes the method for allocating the water made available by the San Francisco Public Utilities Commission (SFPUC) among the Wholesale Customers during shortages caused by drought. This Plan is adopted pursuant to Section 3.11.C of the July 2009 Water Supply Agreement between the City and County of San Francisco and the Wholesale Customers (Agreement). SECTION 1. APPLICABILITY AND INTEGRATION Section 1.1 Applicability. This Plan applies when, and only when, the SFPUC determines that a system-wide water shortage of 20 percent or less exists, as set forth in a declaration of water shortage emergency adopted by the SFPUC pursuant to California Water Code Sections 350 et seq. This Plan applies only to water acquired and distributed by the SFPUC to the Wholesale Customers and has no effect on water obtained by a Wholesale Customer from any source other than the SFPUC. Section 1.2 Integration with Tier I Water Shortage Allocation Plan. The Agreement contains, in Attachment H, a Water Shortage Allocation Plan which, among other things, (a) provides for the allocation by the SFPUC of water between Direct City Water Users (e.g., retail water customers within the City and County of San Francisco) and the Wholesale Customers collectively during system-wide water shortages of 20 percent or less, (b) contemplates the adoption by the Wholesale Customers of this Plan for allocation of the water made available to Wholesale Customers collectively among the 26 individual Wholesale Customers, (c) commits the SFPUC to implement this Plan, and (d) provides for the transfer of both banked water and shortage allocations between and among the Wholesale Customers and commits the SFPUC to implement such transfers. That plan is referred to as the Tier I Plan. The Tier I Plan also provides the methodology for determining the Overall Average Wholesale Customer Reduction, expressed as a percentage cutback from prior year’s normal SFPUC purchases, and Overall Wholesale Customer Allocation, in million gallons per day, both of which are used in determining the Final Allocation Factor for each Wholesale Customer. The Overall Average Wholesale Customer Reduction is determined by dividing the volume of water available to the Wholesale Customers (the Overall Wholesale Customer Allocation), shown as a share of available water in Section 2 of the Tier I Plan, by the prior year’s normal total Wholesale Customers SFPUC purchases and subtracting that value from one. This Plan is referred to in the Agreement as the Tier II Plan. It is intended to be integrated with the Tier I Plan described in the preceding paragraph. Terms used in this Plan are intended to have the same meaning as such terms have in the Tier I Plan. *NOT YET APPROVED* 110119 dm 6051514 4 SECTION 2. ALLOCATION OF WATER AMONG WHOLESALE CUSTOMERS Section 2.1 Annual Allocations Among the Wholesale Customers. The annual water supply allocated by the SFPUC to the Wholesale Customers collectively during system- wide shortages of 20 percent or less shall be apportioned among them based on the methodology described in this Section. Section 2.2 Methodology for Allocating Water Among Wholesale Customers. The water made available to the Wholesale Customers collectively will be allocated among them in proportion to each Wholesale Customer’s Allocation Factor, adjusted as described in the following subsections below. The Wholesale Customer Allocation Factors will only be calculated at the onset of a drought and will remain the same until such time as the SFPUC declares the shortage condition over. The Wholesale Customer Allocation Factors will be recalculated during subsequent shortage periods for use during those specific periods. Section 2.2.1 Step One: Determination of Base/Seasonal Purchase Cutback For Each Wholesale Customer. The first step requires calculating the Wholesale Customer’s Base/Seasonal Purchase Cutback. This calculation has seven parts. An example of Steps 1b-1f is presented in Table 2. Step 1g is shown in columns 3-6 in Table 3. For steps 1b-1g, the calculation uses average monthly production values for the three years preceding the drought for all potable supply sources, expressed as a monthly value in hundred cubic feet: -Step 1a: Each agency’s total annual purchases from the SFPUC will be compared to its Individual Supply Guarantee (ISG), with any annual purchases above its ISG subtracted from that agency’s total annual SFPUC purchases by subtracting the amount on a monthly basis in proportion to the agency’s monthly SFPUC purchase pattern, -Step 1b: Calculate Average Monthly and Total Production for the three fiscal years immediately preceding the drought, excluding years during which shortage allocations were in effect, based on monthly production data from the SFPUC and Wholesale Customers, -Step 1c: Calculate Base Component which is equal to the Average Monthly Production during the base months of December, January, February and March, multiplied by 12, -Step 1d: Calculate Seasonal Component as the difference between Total Production and Base Component, -Step 1e: Calculate an agency’s Base/Seasonal Allocation , expressed in hundred cubic feet, by multiplying the Base Component by one minus the Base Reduction Percentage, or 90%, and the Seasonal Component by the percentage needed (Seasonal Reduction Percentage) to achieve the required Overall Average Wholesale Customer Reduction, which is expressed as a percentage, *NOT YET APPROVED* 110119 dm 6051514 5 -Step 1f: Calculate the Base/Seasonal Allocation Cutback Percentage for each agency by dividing its Base/Seasonal Allocation by the agency’s Total Production, and -Step 1g: Calculate the Base/Seasonal Purchase Cutback Percentage by multiplying the Base/Seasonal Allocation Cutback percentage times the lesser of: (a) the immediately preceding SFPUC purchases or (b) ISG, adjusting the Seasonal percentage above until the total reduction equals the Overall Average Wholesale Customer Reduction. Additionally, adjustments to the Base Component for Stanford University will be made to remove that two week time period that the University is completely closed during the winter break per policy set by the University President as long as that policy remains in place. This adjustment will be removed at such time as the seasonal closure policy is terminated by Stanford University. Section 2.2.2 Step Two: First Adjustment for San Jose and Santa Clara. The resulting Base/Seasonal Purchase Cutback Percentage in Section 2.2.1 for San Jose and Santa Clara will be compared to the highest Base/Seasonal Purchase Cutback percentage of the other Wholesale Customers. If both San Jose’s and Santa Clara’s percentage reductions are larger than the highest percentage reduction among any other Wholesale Customers, the Base/Seasonal Purchase Cutback percentage established under Section 2.2.1 will remain unchanged. If either San Jose’s percentage cutback or Santa Clara’s percentage cutback, or both, is smaller than the highest Base/Seasonal Purchase Cutback percentage of other Wholesale Customers, the Base/Seasonal Allocation (in mgd) of San Jose or Santa Clara, or both, will be reduced so that the percentage cutback of each is no smaller than that of the Wholesale Customers’ otherwise highest percentage cutback. The amount of shortage allocation (in mgd) removed from San Jose and/or Santa Clara will be reallocated among the remaining Wholesale Customers in proportion to the Base/Seasonal Allocation of each. Section 2.2.3 Step Three: Determination of Weighted Purchase Cutback For Each Wholesale Customer. Each agency’s weighted allocation is calculated by multiplying its Adjusted Base/Seasonal Allocation in Section 2.2.2 by 66.66% and its Fixed Component by 33.33%. The Fixed Component is (i) the Wholesale Customer’s ISG provided for in the Agreement, or (ii) in the case of Hayward, 25.11 mgd, or (iii) in the case of San Jose and Santa Clara, consistent with the limit on purchases from SFPUC set forth in Section 4.05 of the Agreement, e. g., 4.5 mgd each. The amount of the Fixed Component for each Wholesale Customer is shown on Table 1. Section 2.2.4 Step Four: Second Adjustment for San Jose and Santa Clara. The resulting Weighted Allocations for San Jose and Santa Clara will be compared to the highest Weighted Purchase Cutback, shown as a percentage, of the other Wholesale Customers. If both San Jose’s and Santa Clara’s percentage cutback is larger than the highest percentage cutback among other Wholesale Customers, the Weighted Purchase Cutbacks established under Section 2.2.3 will remain unchanged. If either San Jose’s *NOT YET APPROVED* 110119 dm 6051514 6 percentage cutback or Santa Clara’s percentage cutback, or both, is smaller than the highest percentage cutback of any other Wholesale Customers, the Weighted Shortage Allocation (in mgd) of San Jose or Santa Clara, or both, will be reduced so that the percentage reduction of each is no smaller than that of the Wholesale Customers’ otherwise highest Weighted Percentage Cutback. The amount of allocation (in mgd) removed from San Jose and/or Santa Clara will be reallocated among the remaining Wholesale Customers in proportion to the Weighted Shortage Allocation of each. Section 2.2.5 Step Five: Adjustment for Minimum and Maximum Cutbacks. Using the Adjusted Weighted Purchase Cutbacks, either a 10% minimum cutback or maximum cutback, as defined below, is applied to any agency whose Adjusted Weighted Purchase Cutback falls outside this range: -A minimum 10% cutback is applied to the individual agency Adjusted Weighted Allocation, with the reapportioned water being placed in the hardship bank for allocation to East Palo Alto. -A maximum cutback of the average cutback plus 20% (e.g. 15% average cutback results in a maximum cutback of 15% + 20% = 35%) is applied to the individual agency Adjusted Weighted Allocation, with the water necessary to meet that level being subtracted in proportion to each Wholesale Customer’s Adjusted Weighted Allocation from all remaining agencies, except those at agencies subject to the minimum cutback above. The result is the Adjusted Minimum/Maximum Purchase Cutback, expressed as a percentage. Section 2.2.6 Step Six: Adjustment to Provide Sufficient Supply for East Palo Alto. In order to provide for sufficient water supply for water customers served by the City of East Palo Alto (EPA), the maximum Final Purchase Cutback applied at any given time to EPA will be equal to 50% of the Overall Average Wholesale Customer Reduction. The water needed to accommodate the guaranteed maximum cutback to EPA will be provided in two ways: -First, water from the hardship bank provided by the 10% minimum cutback will be first added to the EPA Adjusted Weighted Purchase Allocation, and -Second, the balance of water needed for EPA will be deducted on a prorated basis from those agencies with a pre-drought residential per capita water use greater than 55 gallons per capita per day (as documented in the most recent BAWSCA Annual Survey) in proportion to each agency’s Min./Max. Adjusted Allocation and who are not subject to the minimum and maximum reductions already applied per Section 2.2.5 The result is the Allocation with EPA Adjustment, expressed as an mgd. *NOT YET APPROVED* 110119 dm 6051514 7 Section 2.2.7 Step Seven: Determination of Final Allocation Factor. Each Wholesale Customer’s Final Allocation Factor is the fraction expressed as a percentage, the numerator of which is the particular Wholesale Customer’s “Final Allocation with EPA Adjustment” (in mgd) as calculated in Steps One through Six and the denominator of which is the Overall Wholesale Customer Allocation (in mgd), a number provided by the SFPUC during the drought period as determined by the SFPUC in the Tier 1 Plan. Section 2.2.8 Example Calculation. Table 2 presents a sample of the calculations involved in Steps 1b-1f. Table 3 presents a sample of the calculations involved in Step 1g and Steps Two through Seven, using the values from Tables 1 and 2 and recent water use data for the other values. Tables 2 and 3 are presented for illustrative purposes only and do not supersede the foregoing provisions of this Section 2.2. In the event of any inconsistency between this Section 2.2 and Tables 2 and 3, the text of this section will govern. Section 2.3 Calculation of Individual Wholesale Customer Allocation Factors; Directions to SFPUC. The Tier 1 Plan contemplates that in any year in which the methodology described above must be applied, the Bay Area Water Supply and Conversation Agency (BAWSCA) will calculate each Wholesale Customer’s individual percentage share of the amount of water made available to the Wholesale Customers collectively, following the methodology described above and defined above as Wholesale Customer Allocation Factors. The Tier 1 Plan requires SFPUC to allocate water to each Wholesale Customer in accordance with calculations delivered to it by BAWSCA. Each Wholesale Customer authorizes BAWSCA to perform the calculations required, using water sales data furnished to it by the SFPUC, and to deliver to SFPUC a list of individual Wholesale Customer Allocation Factors so calculated as contemplated by the Tier 1 Plan. Neither BAWSCA nor any officer or employee of BAWSCA shall be liable to any Wholesale Customer for any such calculations made in good faith, even if incorrect. SECTION 3. GENERAL PROVISIONS Section 3.1 No Third-Party Beneficiaries. This Plan is for the sole benefit of the Wholesale Customers and shall not be construed as granting rights to any person other than another Wholesale Customer. Section 3.2 Governing Law. This Plan is made under and shall be governed by the laws of the State of California. Section 3.3 Effect on Water Supply Agreement. This Plan describes the method for allocating water from the SFPUC among the Wholesale Customers during system-wide water shortages of 20 percent or less declared by the SFPUC. The provisions of this Plan, and the Tier 1 Plan contained in Attachment H to the Agreement with which it is integrated, are intended to implement Section 3.11 of the Agreement. The Plans do not *NOT YET APPROVED* 110119 dm 6051514 8 affect, change or modify any other section, term or condition of the Agreement or of the individual Water Sales Contracts between each Wholesale Customer and San Francisco. Section 3.4 Amendment. This Plan may be amended only by the written agreement of all Wholesale Customers. Section 3.5 Termination. This Plan shall expire on December 31, 2018. It may be terminated prior to that date only by the written agreement of all Wholesale Customers. ATTACHMENT B UTILITIES ADVISORY COMMISSION - SPECIAL MEETING EXCERPTED DRAFT MINUTES OF THE JANUARY 12, 2011 MEETING ITEM 2: ACTION: Water Shortage Implementation Plan Senior Resource Planner Nico Procos provided a presentation, including the background, on the development of the proposed plan to split up the water available in a water shortage condition (drought) among the member agencies of the Bay Area Water Supply and Conservation Agency (BAWSCA). Under the plan, water is divided by a formula which is weighted one-third on the Individual Supply Guarantee (the long-term contractual entitlement) and two thirds on a seasonal usage calculation that penalizes water use in the summer months. The formula is also bounded so that no agency is reduced less than 10% and no agency is reduced more than 20% more than the average reduction for all agencies. The formula also includes an adjustment for East Palo Alto to ensure that agency has enough water to meet basic health and safety requirements. The formula expires in 2018 and is only in effect for water shortages that require water use reductions of up to 20%. Procos stated that, for Palo Alto, the formula is not as beneficial as the expired formula, but results in a lower reduction than the average reduction for the BAWSCA agencies. Procos stated that the representatives of all the BAWSCA agencies that were involved in the development and negotiation of the formula unanimously agreed to recommend the proposed formula to their governing boards. If any agency does not approve the proposed formula, then the BAWSCA Board would consider approval of a formula. If the BAWSCA Board were unable to approve a formula, then the San Francisco Public Utilities Commission (SFPUC) would decide on the formula. Commissioner Cook asked what happens if there is a reduction of greater than 20%. Assistant Director Jane Ratchye replied that the SFPUC would determine the reduction formula in that event. However, Ratchye noted that the SFPUC has adopted level of service goals for its Water System Improvement Program such that the greatest water supply reduction is 20%. In addition, since the 1987 through 1992 drought, the SFPUC has adjusted its system operations to make water shortages less likely by preserving water in storage rather than producing electricity and by calling for water use reductions earlier in a multi- year drought event. Chair Waldfogel asked if the formula would have been triggered in the past. Ratchye stated that she hadn’t done the analysis, but said that she thinks it would have been triggered in the 1987 through 1992 drought. Commissioner Berry inquired about the default process if any of the BAWSCA members did not approve the new formula. Specifically, did staff have a sense what the SFPUC might do if they had to make a decision on the process? Procos responded that the contract is clear that the BAWSCA Board of Director’s would be given an opportunity to approve a new formula and the SFPUC would only act if the board did not. Procos added that it is likely that the BAWSCA Board would exercise its authority to resolve the issue. However, assuming the SFPUC was given the opportunity, Procos does not know what approach it may take. ACTION: Commissioner Berry made a motion to recommend Council approval of the proposed Water Shortage Implementation Plan. Commissioner Melton seconded the motion. The motion carried unanimously (6-0). City of Palo Alto (ID # 1334) City Council Staff Report Report Type: Study Session Meeting Date: 2/7/2011 February 07, 2011 Page 1 of 4 (ID # 1334) Title: Fire Services, Resources & Utilization Study Subject: Fire Department Services, Resources & Utilization Study Presentation Of Findings By International City/County Management Association and Systems Planning/Tri Data Consultants From: City Manager Lead Department: City Manager Recommendation Staff recommends that Council receive and comment on the attached report from the International City/ County Management Association (ICMA) and TriData, a division of System Planning Corporation (SPC). Executive Summary TriData, a division of System Planning Corporation (SPC), was contracted, along with the International City/ County Management Association (ICMA), to conduct a services, resources, and utilization/deployment analysis of the Palo Alto, CA Fire Department. The attached report includes not only the data analysis from the city’s computer aided dispatch(CAD) system, but the findings and recommendations based on that data, as well as information provided by all of the stakeholders of the study (FD staff, other city staff, City Council, City Administration, etc.). Background The scope of this project was to provide a third party independent review of the PAFD such that the city could better understand how the current system of fire department operations was working and to determine if the fire department could provide services more efficiently, effectively, and/or reducing costs in some ways. Specifically, the scope of work required a focused, objective analysis of overall fire department emergency response operations that would analyze current resource deployment practices to assess the appropriateness of current fire department minimum staffing levels in the context of call volume, response times, use of overtime, deployment practices and employee safety. Key areas evaluated during this study were: Fire department response times (using data from the city’s CAD system); Fire and EMS unit workloads; February 07, 2011 Page 2 of 4 (ID # 1334) Services and agreement with Stanford University; Fire station and staffing locations/ concentrations; and Fulltime staffing; use of overtime; auxiliary personnel. Data was analyzed and a number of face-to-face and telephone interviews were conducted by the consultants to complete the report, findings and recommendations. A copy of the report was provided to the fire department union representatives to share with fire department personnel the Wednesday prior to tonight’s meeting to gain additional feedback including the offer to set up a meeting separate from the Council meeting for fire department staff to discuss the report and its findings with the consultants. Tonight, the consultants will make a presentation that will include an overview of their methodology, key findings, and recommendations to the city to improve fire department operations and deployment of personnel. Discussion The comprehensive report recommends a number of changes to fire department structure and deployment based on actual data from the city’s CAD system as well as modern fire best practices. In addition, the report highlights the need for some investment by the city in fire department building infrastructure to achieve some of the recommendations such as a station merger (see below). Findings are discussed in more detail in the report and some are subject to meet and confer under existing union agreements, but significant recommendations being made by the consultants include: ORGANIZATIONAL STRUCTURE: Implement a new organizational structure with the current police chief as public safety director over police and fire and merge the support functions of budget/finance, HR, IT and planning for police and fire under the public safety director; Within the merged planning function for police and fire, hire a data/ GIS analyst for the fire department; Consider retaining a consultant to assist the city in setting up its ongoing data collection and analysis process; Move the senior staff of the PAFD to a single location, preferably with the police department administration if police and fire are under one public safety director; February 07, 2011 Page 3 of 4 (ID # 1334) Discontinue the practice of developing entrance and promotional exams within the fire department – use outside firm qualified/specializing in this type of testing; Consider adding the rank of lieutenant to replace some existing captain positions – under this scenario, a captain would be in change of the unit on one shift with lieutenants supporting (would result in net reduction of captains – through attrition); and Combine the emergency management functions of fire and police under the public safety director – hire a manager to lead this function with qualifications specific to the field of emergency management – can be a civilian position. DEPLOYMENT & RESPONSE TIME: Establish performance goals for dispatch, turnout and travel times and analyze them monthly and improve turnout times; Merge Stations 2 and 5 near the intersection of Arastradero Road and Hillview Avenue (infrastructure improvement needed to accommodate this recommendation); Discontinue the practice of mandating the minimum number of on duty personnel within the MOU; Eliminate the fulltime staffing of Rescue 2 and cross-staff it and discuss with surrounding jurisdictions the possibility of sharing the cost of operating this rescue as a ‘regional’ resource; Staff a second medic unit 24/7 (using existing resources); Eliminate one engine and continue to cross-staff one engine and the rescue, if Stations 2 and 5 are merged; and Discontinue the overtime staffing of Station 8 on the present schedule and staff the station only during high fire days as determined by Cal Fire; also consider contracting with Cal Fire (or another agency), or developing an auxiliary from the existing CERT members as an alternative; also investigate possibility of using technology to monitor hot spots in this area and deploy/staff as appropriate. OTHER RECOMMENDATIONS: February 07, 2011 Page 4 of 4 (ID # 1334) Consider contracting for implementation services to oversee the process of implementing these recommendations and assist with the selection of a new fire chief that would report to the director of public safety; Implement a formal process of project management to include an evaluation of progress on all projects assigned -- assign special projects to all officers with battalion chiefs responsible for oversight of officers under their command, as well as include performance on special projects in the evaluation process for promotions; When new fire chief is hired, consider contracting the services of an organizational development consultant to improve organizational performance, internal communications, and professional development. There are also a significant number of recommendations related to improved training and development of staff, response and turnout times, workload analysis, and staffing changes, as well as sworn staff to civilian personnel-related recommendations. All of which are described in detail in the report. These will be covered by the consultants during their report to council at the study session. ATTACHMENTS: Attachment A: Palo Alto CA FINAL REPORT 1-20-2011 pss EDITED II (PDF) Prepared By:Pam Antil, Assistant City Manager Department Head:James Keene, City Manager City Manager Approval: James Keene, City Manager Palo Alto Fire Department, CA Fire Services Utilization and Resources Study Final Report Submitted by: Philip Schaenman, President TriData Division, System Planning Corporation 3601 Wilson Boulevard, 5th Floor Arlington, VA 22201 (703) 351-8300 Thomas Wieczorek, Director ICMA Center for Public Safety Excellence 777 N. Capitol Street, NE; Suite 500 Washington, DC 20001 (202) 962-3607 January 2011 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, ICMA Center for Public Safety Management January 2011 System Planning Corporation Table of Contents ACKNOWLEDGEMENTS ..........................................................................................................1 FOREWORD..................................................................................................................................3 EXECUTIVE SUMMARY ...........................................................................................................5 I. INTRODUCTION ......................................................................................................................8 Scope of Project ...........................................................................................................................8 Study Process ...............................................................................................................................9 Organization of the Report ..........................................................................................................9 II. ORGANIZATION AND MANAGMENT ............................................................................11 Major Issues Confronting the PAFD .........................................................................................15 Public Safety Organization ........................................................................................................17 Other Changes ............................................................................................................................21 Initial Steps Going Forward .......................................................................................................22 III. POPULATION GROWTH, RISK, AND DEMAND ANALYSIS .....................................24 Data Specification and Issues ....................................................................................................24 Population Growth and Development ........................................................................................28 Demand for Emergency Services ..............................................................................................33 Fire Risk Analysis ......................................................................................................................39 Emergency Medical Service Risk Analysis ...............................................................................47 Target Hazards ...........................................................................................................................53 IV. STATION LOCATION AND RESPONSE TIME ANALYSES .......................................55 Strategic Goals ...........................................................................................................................55 Response Time Analysis ............................................................................................................56 Measuring Response Time .........................................................................................................57 Palo Alto Response Times .........................................................................................................60 Workload and Performance Measurement ................................................................................67 Assessment of Fire Station Locations ........................................................................................76 Possible Fire Station Mergers ....................................................................................................82 V. ANALYSIS OF FIRE AND EMS OPERATIONS ..............................................................86 Overview ....................................................................................................................................86 Key Findings and Recommendations ........................................................................................88 Organization and Resources ......................................................................................................90 Emergency Response .................................................................................................................92 Operational Changes ..................................................................................................................93 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, ICMA Center for Public Safety Management January 2011 System Planning Corporation Staffing and Overtime Analysis .................................................................................................97 Emergency Medical Services ...................................................................................................101 Immediate and Long-Term Changes .......................................................................................107 VI. FIRE PREVENTION, TRAINING, AND 9-1-1 DISATCH ............................................109 Fire Prevention .........................................................................................................................109 Training ....................................................................................................................................112 9-1-1 Dispatch ..........................................................................................................................114 VII. QUANTITATIVE DATA ANALYSIS OF PAFD……………………………….. INTRODUCTION ...................................................................................................................116 A. AGGREGATE CALL TOTALS AND DISPATCHES ....................................................117 B. WORKLOAD BY INDIVIDUAL UNIT—CALLS AND TOTAL TIME SPENT ...........128 C. DISPATCH TIME AND RESPONSE TIME .....................................................................137 D. ANALYSIS OF BUSIEST HOURS IN A YEAR .............................................................149 APPENDIX I. CORRESPONDENCE BETWEEN CALL DESCRIPTION AND CALL TYPE .................................................................................................................................156 APPENDIX II. WORKLOAD ANALYSIS FOR ADMINISTRATIVE UNITS AND NON PALO ALTO UNITS .............................................................................................................160 Tables Table 1. Call Types ................................................................................................................ 117 Table 2. Mutual Aid Calls ...................................................................................................... 119 Table 3. Calls by Hour of Day ............................................................................................... 124 Table 4. Number of Units Dispatched to Calls ...................................................................... 125 Table 5. Annual Total Deployed Time by Call Type ............................................................. 127 Table 6. Call Workload by Unit of Stations ........................................................................... 128 Table 7. Busy Minutes by Hour of Day ................................................................................. 131 Table 8. Engine/Ladder Truck Units: Total Annual Number and Daily Average Number of Runs by Call ........................................................................................................................... 133 Table 9. Engine/Ladder Truck Units: Daily Average Deployed Minutes per Day by Call Type ................................................................................................................................................ 134 Table 10. Ambulance Units: Total Annual and Daily Average Number of Runs by Call Type ................................................................................................................................................ 135 Table 11. Ambulance Units: Daily Average Deployed Minutes per Day by Call Type ........ 136 Table 12. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Units by Call Type ................................................................................................................................ 138 Table 13. Number of Total Calls for the First Arriving Units ............................................... 139 Table 14. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Unit by Hour of Day ............................................................................................................................ 142 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, ICMA Center for Public Safety Management January 2011 System Planning Corporation Table 15. Cumulative Distribution Function (CDF) of Response Time of First Arriving Unit for MVA and EMS Other Calls .............................................................................................. 144 Table 16. Average Response Time for Structure Fire and Outside Fire Calls by First Arriving Fire Unit ................................................................................................................................. 145 Table 17. Average Response Time for Structure Fire and Outside Fire Calls by Second Arriving Fire Unit ................................................................................................................... 146 Table 18. Cumulative Distribution Function (CDF) of Response Time of First and Second Arriving Fire Units for Structure and Outside Fire Calls ....................................................... 148 Table 19. Frequency Distribution of the Number of Calls ..................................................... 150 Table 20. Top 10 hours with the most calls received ............................................................. 151 Table 21. Unit Workload Analysis Between 8 a.m. and 9 a.m. on 17-Feb-2010 ................... 152 Table 22. Unit Workload Analysis Between 9 p.m. and 10 p.m. on 19-Sep-2009 ................ 154 Figures Figure 1. Non-canceled Calls by Type and Duration ............................................................. 120 Figure 2. EMS and Fire Calls by Type ................................................................................... 122 Figure 3. Calls by Month ........................................................................................................ 123 Figure 4. Calls by Hour of Day .............................................................................................. 124 Figure 5. Number of Units Dispatched to Calls ..................................................................... 125 Figure 6. Busy Minutes by Hour of Day ................................................................................ 131 Figure 7. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Units by Call Type ................................................................................................................................ 137 Figure 8. Number of Total Calls for the First Arriving Unit .................................................. 139 Figure 9. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Unit by Hour of Day ............................................................................................................................ 141 Figure 10. Cumulative Distribution Function (CDF) of Response Time of First Arriving Unit for MVA and EMS Other Calls .............................................................................................. 143 Figure 11. Cumulative Distribution Function (CDF) of Response Time of First, Second and Third Arriving Fire Units for Structure and Outside Fire Calls ............................................. 147 Figure 12. Unit Workload Analysis by Call Type Between 8 a.m. and 9 a.m. on 17-Feb-2010 ................................................................................................................................................ 153 Figure 13. Unit Workload Analysis by Call Type Between 9 p.m. and 10 p.m. on 19-Sep-2009155 APPENDIX A: INTERNAL COMMUNICATIONS, EVALUATION & PROJECT MANAGEMENT .......................................................................................................... 116 APPENDIX B: LEAVE USAGE BY POSITION CLASSIFICATION ........................... 167 APPENDIX C: COST & PERCENTAGE OF OVERTIME BY PAY CODE, 2009 ........ 168 APPENDIX D: CITY OF PALO ALTO – EMS COLLECTION RATES ....................... 169 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, ICMA Center for Public Safety Management January 2011 System Planning Corporation APPENDIX E: ICMA OPERATIONS REPORT Table 1: PAFD Authorized Positions, 2010…………………………………………………11 Table 2: Fire Department Budget, 2009–2010 .............................................................. 13 Table 3: Fire Department Salaries, 2010 ....................................................................... 13 Table 4: Pay Differential Schedule ................................................................................ 14 Table 5: ABAG and Palo Alto Population Projections ................................................... 29 Table 6: Incident Type Trends, 2000-2020 .................................................................... 37 Table 7: Total Emergency Incidents by Planning Areas, 2007–2009 ............................ 38 Table 8: Fire Trends, 2000-2020 ................................................................................... 42 Table 9: Total Fire Loss, 2000-2009 ............................................................................. 42 Table 10: Per Capita Fire Loss and Comparison Statistics, 2000-2009 ........................ 43 Table 11: Overall Fire Risk Classification by Planning Area, 2007-2009....................... 46 Table 12: EMS Risk Factors and Classification, 2007-2009 .......................................... 52 Table 13: NFPA 1710 Response Time Goals for Career Departments ......................... 57 Table 14: 80th Percentile Call Processing Time by Incidents Type ............................... 61 Table 15: 80th Percentile Turnout Time by Incidents Type ........................................... 62 Table 16: 80th Percentile Travel Time (First Unit) by Incidents Type ............................ 64 Table 17: 80th Percentile Total Reflex Time (First Unit) by Incidents Type ................... 65 Table 18: 80th Percentile Total Response Times by First Due Area ............................. 66 Table 19: Performance Level vs. Unit Availability for 5:00 Travel Time Goal ................ 72 Table 20: Responses by Station and Unit ..................................................................... 73 Table 21: Unit Workload (Unit Hours) ............................................................................ 74 Table 22: Station Workload (Unit Hours) ....................................................................... 75 Table 23: PAFD Facility Locations and Resources ....................................................... 90 Table 24: Level of Effort, PAFD ..................................................................................... 91 Table 25: PAFD Staffing Factor Analyses, FY2009–2010............................................. 98 Table 26: Distribution of Overtime Shifts, July 2009 to June 2010 ................................ 99 Table 27: Estimated Cost of Service and Cost Recovery, Palo Alto EMS ................... 104 Table 28: Deployment Changes – Immediate Opportunities ....................................... 107 Table 29: Deployment Changes – Long-Term Opportunities (Stations 2 and 5 Merged) ........................................................................................... 108 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, ICMA Center for Public Safety Management January 2011 System Planning Corporation Figure 1: Current PAFD Organization ........................................................................... 14 Figure 2: Current PAPD Organization ........................................................................... 18 Figure 3: Potential Organization-- Police and Fire under a Public Safety Director ........ 19 Figure 4: Planning Areas ............................................................................................... 27 Figure 5: Actual (solid black) and Predicted (dashed green) Population ....................... 29 Figure 6: Palo Alto - Daytime Population Ratio Map ..................................................... 31 Figure 7: Actual (solid black) and Predicted (red) Emergency Incidents by Type ......... 36 Figure 8: Total Emergency Service Demand by Planning Areas, 2007-2009 ................ 38 Figure 9: Actual (solid black) and Predicted (red) Fires by Type ................................... 41 Figure 10: Fire Density, Dollar Loss, and Fire Deaths, 2007-2009 ................................ 45 Figure 11: Correlation between Population and EMS Calls for Service Study, 1980-2004 ...................................................................... 48 Figure 12: Population Density, 2010 ............................................................................. 49 Figure 13: EMS Incident Density, 2007-2009 ................................................................ 51 Figure 14: Fire Department Target Hazards .................................................................. 54 Figure 15: Components of Total Response Time .......................................................... 57 Figure 16: Fire Propagation Curve ................................................................................ 59 Figure 17: 80th Percentile Call Processing Time by Hour of the Day ............................ 61 Figure 18: 80th Percentile Turnout Time by Hour of the Day ........................................ 62 Figure 19: 80th Percentile Travel Time (First Unit) by Hour of the Day ......................... 64 Figure 20: 80th Percentile Total Reflex Time (First Unit) by Hour of the Day ................ 66 Figure 21: Performance Level vs. Unit Availability (Example) ....................................... 70 Figure 22: Performance Level vs. Unit Availability for 5:00 Travel Time Goal ............... 71 Figure 23: Unit Workload (Unit Hours) .......................................................................... 74 Figure 24: Station Workload (Unit Hours) ...................................................................... 75 Figure 25: Station Workload (Unit Hours) without Ambulances ..................................... 76 Figure 26: Current Fire Station Locations ...................................................................... 77 Figure 27: Four-and Six-Minute Travel Time Analysis................................................... 78 Figure 28: Current 4-Minute Station Overlap ................................................................. 79 Figure 29: Coverage - Station 1 and Station 3 Merger ................................................. 83 Figure 30: Station 2 and Station 5 Merger – Possible New Location ............................ 84 Figure 31: Hiring and Overtime Cost Comparison ....................................................... 101 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 1 ICMA System Planning Corporation Center for Public Safety Management ACKNOWLEDGEMENTS We wish to thank the members of the Palo Alto Fire Department (PAFD), city and police department officials, and other contributors that provided valuable insight for this study. They not only provided information and welcomed our visits to their areas but also interacted helpfully with us throughout the study. Acting Public Safety Director Dennis Burns and Deputy Fire Chief Roger Bloom along with other career officers, firefighters, EMS personnel and support staff members were extremely cooperative, gracious, and forthcoming during the project. They provided data, facilitated tours of fire stations, and they discussed openly the challenges and opportunities facing the organization. Palo Alto Elected Officials Sid Espinosa Mayor Yiaway Yeh Vice Mayor Karen Holman Council Member Larry Klein Council Member Gail Price Council Member Gregory Scharff Council Member Greg Schmid Council Member Nancy Shepherd Council Member Palo Alto City Management James Keene City Manager Pamela Antil Assistant City Manager Palo Alto Fire Department Nick Marinaro Fire Chief (ret) Judy Jewel Deputy Fire Chief, Support Services Gordon Simpkinson Acting Fire Marshal Ron Bonfiglio Battalion Chief, Operations Niles Broussard Operations Kim Roderick EMS Coordinator William Dale Captain, Operations Brian Baggott Captain, Training Division and Vice President, IAFF Local 1319 Susan Minshall Interim Emergency Manager and PIO Kevin McNally Treasurer, IAFF Local 1319 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 2 ICMA System Planning Corporation Center for Public Safety Management Palo Alto Police Department Charles Cullen Director, Technical Services Division Ken Dueker Coordinator, Homeland Security Although we received valuable input from a variety of sources, the findings and recommendations contained in this report are entirely those of the TriData and ICMA project team. Principal members of the team and their areas of responsibility are shown below. TriData Staff Philip Schaenman Corporate Oversight Stephen Brezler Project Manager; Fire & EMS Operations Markus Weisner Risk and Demand; Station Location Analysis John Montenero Organization and Management; Service-Sharing Opportunities Peter Moy Staffing, Overtime and EMS Cost Review Maria Argabright Production Coordinator and Project Support ICMA Center for Public Safety Management Staff Thomas J. Wieczorek Project Oversight Leonard Matarese Project Development and oversight Dr. Dov Chelst Director of Quantitative Analysis Gang Wang Data Analysis Dr. Ken Chelst Quantitative Analysis Alex Brown Project Coordination and Support Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 3 ICMA System Planning Corporation Center for Public Safety Management FOREWORD TriData, a division of System Planning Corporation (SPC), is based in Arlington, Virginia. SPC is a 200-employee defense and national security contractor specializing in high- level systems engineering and national security. Over the past 29 years, TriData has completed over 250 fire and EMS studies for communities of all sizes. In addition to this local government consulting, TriData undertakes research in a wide range of public safety issues. TriData is also noted for its research on behalf of the United States Fire Administration (USFA), Department of Homeland Security (DHS), and other Federal and state agencies, as well as the private sector. TriData also conducts international research on emergency response topics and has conducted extensive research on effective fire prevention strategies in Europe and Asia. _________ The International City/County Management Association (ICMA) is the premier local government leadership and management organization. Since 1914, ICMA‘s mission has been to create excellence in local governance by developing and fostering professional local government management worldwide. ICMA provides an information clearinghouse, technical assistance, and training and professional development to more than 9,100 chief appointed administrators, assistant administrators, and other individuals throughout the world. The organization's resources and services reach thousands of local, state, and federal government personnel, academics, private sector professionals, citizens, and other individuals with an interest in effective management at the local government level. ICMA‘s members represent the administrative center of professional municipal, county, and regional services that affect millions of urban and rural citizens on a daily basis. They are responsible for the leadership that ensures strategic economic growth and management of public services and infrastructure planning, investment, and development. Every day, local government managers determine policy, programming, funding, and strategic decisions that impact the ability of local resources to deal with the management and operations of public safety and legal departments. Local government managers serve as the ―hub of the wheel,‖ coordinating efforts and implementing strategies for maximum effectiveness and efficiency. The ICMA Center for Public Safety Management is one of three Centers operating within U.S. Programs. The Center analyzes police, fire and EMS using quantitative and operational methods developed through years of research analysis. Members of the team were instrumental in the development of the State of Israel EMS program. The developed methods have been used Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 4 ICMA System Planning Corporation Center for Public Safety Management to provide technical assistance to more than 70 communities during the past two years. The Center also undertakes research, participates with other organizations and governments to share best practices, conducts training and education, and assists ICMA International in developing countries. The Center works with ICMA Publishing to document practices and educate local government leaders. Ongoing assistance is provided to the National League of Cities and Department of Homeland Security for education and training of elected as well as appointed officials. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 5 ICMA System Planning Corporation Center for Public Safety Management EXECUTIVE SUMMARY TriData, a division of System Planning Corporation (SPC), was contracted, along with the International City/ County Management Association (ICMA), to conduct a resource deployment analysis of the Palo Alto, CA Fire Department. The Palo Alto Fire Department (PAFD) protects over 77,000 residents, a major university (Stanford), a research facility (Stanford Linear Accelerator), and the Palo Alto foothills. To accomplish its mission, 105 personnel are assigned to staff eight stations. Seven engines, one ladder, one rescue and one advanced life support unit (ALS) are deployed to the eight stations 24/7. A second ALS unit is operated on a part-time basis as is a basic life support (BLS) transport unit staffed weekdays by civilian EMTs. During the high fire season, July to November, a wildland suppression unit is also staffed. Findings and Recommendations The PAFD provides excellent service when responding to emergencies. However, the PAFD, once considered a ‗best example‘ fire organization, has become a stagnant organization and management is struggling, due in part to insufficient support staff. Labor-management relations are good, but the MOU with firefighters is restrictive to the point that changes to shift staffing cannot be made. Recommendations to improve the organization include:  Implement a new organizational structure with the current police chief as public safety director over police and fire;  Hire a data/ GIS analyst;  Move the senior staff of the PAFD to a single location, preferably with the police department administration;  Discontinue the practice of developing entrance and promotional exams within the fire department;  Combine the emergency management functions of fire and police under the public safety director. Data collection is a significant issue for the Fire Department, which is using an older version of the National Fire Incident Reporting System (NIFRS) and there are questions of data quality and completeness. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 6 ICMA System Planning Corporation Center for Public Safety Management From 2000 to 2009, total calls increased only 19 percent but medical calls increased by 48 percent. The trend analyses determined that total calls are likely to continue to increase slightly through 2020, with medical calls adding most of the demand. Fires, in particular structure fires, are infrequent occurrences. Data showed that Palo Alto has a lower fire death rate per capita than the US, the west coast, and communities of similar size. The average dollar loss per fire incident is also lower than the US and communities of similar size, despite its relative affluence. Total response times, which include the three time segments of call processing (dispatch), turnout (reaction time), and travel time, are generally good. However, turnout times are too long and dispatch times were so low that it appears that the call-taking portion of the time segment is not included on the time stamp. Travel times for the stations ranged from 4:30 for medical calls to 5:22 for hazardous condition calls. Travel times are slightly higher than the recommended metric of 90 percent arrival within four minutes. Station 4 (Middlefield) has the highest average travel time (5:18) and Station 2 (Hanover) the lowest (4:04). Recommendations to improve deployment and response include:  Establish performance goals for dispatch, turnout and travel times and analyze them monthly; improve turnout times  Merge Stations 2 and 5 near the intersection of Arastradero Road and Hillview Avenue;  Discontinue the practice of mandating the minimum number of on duty personnel within the MOU;  Eliminate the fulltime staffing of Rescue 2 and cross-staff it. Discuss with surrounding jurisdictions the possibility of sharing the cost of operating this rescue as a ‗regional‘ resource;  Staff a second medic unit 24/7;  Eliminate one engine and continue to cross-staff one engine and the rescue, if Stations 2 and 5 are merged;  Discontinue the overtime staffing of Station 8 on the present schedule; staff the station only during high fire days as determined by Cal Fire; also consider contracting with Cal Fire (or another agency), or developing an auxiliary from the existing CERT members as an alternative; and  Discuss with Menlo Park the possibility of sharing the cost of operating Station 1 in Palo Alto with Station 7 in Menlo Park. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 7 ICMA System Planning Corporation Center for Public Safety Management This study also reviewed the fire prevention activities and training. Recommendations to improve these areas include:  Fill the vacant fire marshal position and transition the fire code enforcement division to a civilian (non-safety) staff; also add a public education specialist  Conduct a complete audit of all training requirements needs and prepare a multi-year plan that includes staffing requirements and cost;  Implement a formal program of career and professional development, including requirements for promotion for all officers;  Conduct more training during evenings and weekends; and  Regionalize the city‘s fire and EMS training program and plan for the replacement of the city‘s training facility. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 8 ICMA System Planning Corporation Center for Public Safety Management I. INTRODUCTION TriData, a division of System Planning Corporation and its partner consultant on this project, the International City/ County Management Association (ICMA), were selected to conduct an independent review of the City‘s emergency services, primarily fire and EMS. The Palo Alto Fire Department (PAFD) protects a combined population of just over 77,000 residents in a uniquely complex area that includes a major university (Stanford), a research facility (Stanford Linear Accelerator), and the Palo Alto foothills (25 square miles of mostly open woodlands). To provide emergency services, the PAFD is deployed from eight fire stations. Operating from these stations 24/7 are seven engines, one ladder truck, one rescue, one ALS rescue, and one battalion chief. The fire department also provides one ALS rescue (12 hours per day) and a smaller engine (Type III) for the foothills area by assigning fire personnel on overtime. The current service-delivery model requires a minimum on-duty staff of 30 personnel. Usually managed by a fulltime fire chief, at the time of this study the police chief was acting as the city‘s public safety director and was responsible for the executive-level management of the fire and police departments. A deputy chief manages the fire department‘s day-to-day activities. Scope of Project The scope of this project was to provide a third party independent review of the PAFD such that city officials can understand how well the system is working. Officials also desired to understand whether the fire department can provide services more efficiently. Specifically, the city requested ―a focused, objective analysis of overall fire department emergency response operations that will analyze current resource deployment practices to assess the appropriateness of current fire department minimum staffing levels in the context of call volume, response times, and employee safety‖.1 Key areas to be evaluated during this study were:  Fire department response times (using data from the city‘s CAD system)  Fire and EMS unit workloads  Services and agreement with Stanford University  Fire station and staffing locations/ concentrations 1 Request for Proposal, Attachment C, Part I. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 9 ICMA System Planning Corporation Center for Public Safety Management  Fulltime staffing; use of overtime; auxiliary personnel Study Process The process used for this project combined multiple research techniques including personal interviews, collecting and reviewing background information, analyzing CAD and incident data, and performing geographic information system (GIS) analyses. We also visited each of the city‘s fire stations and we drove throughout the city to understand its unique setting and geography. TriData‗s project team conducted a series of meetings with local fire and government officials. From the beginning and throughout the project, TriData coordinated its efforts through the ICMA project manager since the ICMA was conducting a parallel study of the city‘s fire and EMS demand. We also discussed with the ICMA our ideas and rationale for the major findings and subsequent recommendations in this study. Throughout the project we maintained contact with the city‗s designated project manager and we followed up with key individuals by e-mail and telephone. Organization of the Report Chapter II, Organization and Management – This chapter looks at the current organization of the PAFD and the major issues confronting management. Also reviewed here are the PAFD budget and the cost-sharing formula with Stanford University. A major recommendation to combine the police and fire department support functions under a public safety director is also presented in this chapter. Chapter III, Population Growth, Risk and Demand Analysis – This chapter discusses the pressures on the fire system, including an analysis of future population changes and a projection of demand. These factors are important in evaluating future viability of the system and identifying resource needs related to future demand for fire and EMS services. Chapter IV, Station Location and response Time Analyses – This chapter presents the geographic information system (GIS) analysis of station locations and response times. The section discusses the station configuration recommended by this study and it includes the maps depicting the current and proposed system. Chapter V, Analysis of Fire and EMS Operations, Station Locations and Response Times – This section discusses fire suppression, including discussions of the command structure, staffing, and the deployment of apparatus and staff. Presented here are the major deployment modifications recommended. A discussion of overtime and the staffing analysis is also in the chapter. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 10 ICMA System Planning Corporation Center for Public Safety Management Chapter VI, Fire Prevention, Training and 9-1-1 Dispatch – This chapter discusses the delivery fire prevention and code enforcement which are so important to risk management. The PAFD training division and the operation of the city‘s 9-1-1 dispatch system is also presented. Chapter VII, Quantitative Data Analysis of Operations – This chapter analyzed performance of the department using raw data captured by the Computer Aided Dispatch Center. From the raw data, information was categorized and performance measures computed. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 11 ICMA System Planning Corporation Center for Public Safety Management II. ORGANIZATION AND MANAGMENT The Palo Alto Fire Department (PAFD) is an all-career fire department providing all-risk emergency services. Its Mission Statement is to protect life, property and the environment from the perils of fire, hazardous materials, and other disasters; through rapid emergency response, proactive code enforcement, modern fire prevention methods, and progressive public safety education for the benefit of the community. As with most fire departments the city had an appointed fire chief. At the time of this study the fire chief had just retired and the city made a decision that the police chief would become an interim public safety director with executive responsibility over the fire and police departments. A deputy fire chief is responsible for the day-to-day operations of the fire department, reporting to the interim public safety director. The PAFD is organized similar to other fire departments; albeit it is unusual (but not unique) in providing protection to a major university in a service-sharing arrangement. In 1976 the city and Stanford University merged their fire departments and two of the Department‘s eight stations are located on University property. Under the merger, Stanford University funds 31 percent of the department‘s total budget, including operating and capital outlays. The fire department has three primary divisions with a total staff of 121 full time equivalent (FTE) personnel. There are also part -time (hourly) positions that equate to another 4.4FTE positions. The part- time positions are civilian (non-safety) positions used to staff a Basic Life Support (BLS) ambulance on weekdays to handle inter-facility transports. Divisions within the PAFD include emergency response, environmental and safety, training and personnel. Authorized FTE personnel for the PAFD, not including the part-time BLS personnel are shown in Table 1. Table 1: PAFD Authorized Positions, 2010 Position Authorized Personnel Fire Chief 1 Deputy Chief 2 Fire Marshal 1 Battalion Chief 3 Training Captain 1 EMS Coordinator 1 Fire Inspector 3 Hazmat Inspector 2 OES Coordinator 1 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 12 ICMA System Planning Corporation Center for Public Safety Management Position Authorized Personnel Administrative Associates 4 Fire Captain 27 Apparatus Operator 30 Firefighter 45 Total Full Time 121 Fire personnel are represented by the International Association of Fire Fighters Local 1319. The current four-year MOU expired on June 30, 2010 and at the time of this study the city and union were negotiating a new agreement. Chief Officers are represented by the Palo Alto Fire Chiefs‘ Association. Chief Officers are also in negotiations as their contract also expired on June 30, 2010. The FY2010 fire department budget is $26.3M. Because Stanford University pays 31 percent, the taxpayers are getting excellent value due to their lower cost per capita for emergency services. The city could not reduce its fire budget by 31 percent if Stanford were not part of the system because most of the present cost of operating the fire department would still be necessary since it is unlikely the city could eliminate both Stanford stations if it did not protect the University. Also the city would still need to cover the full cost of the administrative staff, its fire chief, at least one deputy chief, and three battalion chiefs. The full salary (and benefits) for these positions, and probably others, would be paid 100 percent by the city if it were not partnering with Stanford. Going forward it is in the best interest of the city to maintain its efficient service-sharing relationship with Stanford and it should consider the University a valuable partner. As the city considers future options on how to provide emergency service, it should also consider that cost savings are important to the University as well, and consider ways to lower the University‘s cost. Table 2 depicts the 2010 fire department budget. Of the 2010 budget, salaries and benefits accounted for $21.6M or 82 percent of the fire department‘s total budget. Percentage wise this is slightly lower than other fire departments where salaries and benefits typically average from 85-92 percent of the total budget. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 13 ICMA System Planning Corporation Center for Public Safety Management Table 2: Fire Department Budget, 2009–2010 FY 2009 Actual FY 2010 Adopted Salaries & Benefits $20,896,773 $21,579,512 Contract Services $444,441 $496,694 Supplies and Materials $328,002 $368,933 Facilities & Equipment $204,419 $225,621 General Expense $30,389 $30,570 Allocated Charges $1,492,645 $3,551,758 Total Budget $23,396,669 $26,253,088 Table 3 shows the salary for the various positions within PAFD. These were used as the base point from which to estimate the savings or additional costs if the city implemented any of the deployment changes recommended later in this study. Table 3: Fire Department Salaries, 2010 Hourly Monthly Annual Shift Employees Battalion Chief $71.77 $12,440 $149,278 Fire Captain $43.48 $7,187 $86,249 Fire Apparatus Operator, EMT $34.94 $6,056 $72,687 Fire Fighter Paramedic $36.65 $6,353 $76,235 Fire Fighter, EMT $32.68 $5,665 $67,984 Fire Fighter Hazmat $34.27 $5,940 $71,284 Administrative and Support Staff Fire Chief $83.76 $14,519 $174,221 Deputy Chief $73.90 $12,810 $153,712 Fire Marshal $72.12 $12,501 $150,010 Training Captain $60.96 $10,566 $126,786 EMS Coordinator $50.46 $8,747 $104,969 Hazmat Inspector $62.47 $10,874 $130,489 Fire Inspector $59.68 $10,345 $124,142 Administrative Associate II $31.84 $5,519 $66,227 The MOU now in effect requires employees to be paid for working out of classification or maintaining certifications such as paramedic. Fire captains working a 40-hour week are also paid a premium rate even though the hours worked per week are less than for captains assigned to shift work. The rationale is usually that shift work is preferred over a weekday schedule because while on shift work fire captains earn FLSA pay. Captains also lose holiday pay when Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 14 ICMA System Planning Corporation Center for Public Safety Management on the 40-hour schedule. Pay for working out of classification and maintaining certifications above those for other employees in the same classification are common practice in the other fire departments. Table 4 shows the pay differential for the professional qualifications within the current MOU. Table 4: Pay Differential Schedule Classification Percent of Pay Hazardous Materials 5% above normal rate EMT 3% above normal rate Fire Inspector Investigation $500 per month Out of Class as Battalion Chief Out of Class as Captain 10% above 5th Step Captain Step for Step Paramedic Differential 12.5% above normal rate Fire Captain 40 hour/ week 5% above fire captain Figure 1 depicts the PAFD organization as it currently exists. Figure 1: Current PAFD Organization Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 15 ICMA System Planning Corporation Center for Public Safety Management The fire chief‘s position is currently vacant. A deputy chief‘s position (training and personnel management) is also vacant and the position is being filled part time by a retired deputy chief. And there are other officer positions such as station captain that are currently unfilled. Of the fire department‘s key management team, five senior positions are either unfilled or have individuals acting out of classification. This situation is contributing to the fire department‘s inability to be a forward looking organization. Positions unfilled or with individuals in an acting capacity include:  Fire Chief – unfilled  Deputy Chief – one of two positions is part-time (contract)  Fire Marshal – acting  Battalion Chief – one of three positions is acting out of classification  OES Coordinator – acting Reportedly, the city is not filling these positions until this study is completed and the way forward is clearer. In light of the situation we agree this is the proper strategy. However the city should begin to fill key positions as soon as possible after decisions have been made as to the department‘s future direction. Major Issues Confronting the PAFD The PAFD provides excellent service when responding to emergencies. The fire department personnel we met are truly interested in serving the city to the best of their ability. However, there are major issues within the PAFD. For many years the department was considered a ‗best example‘ fire organization, one where innovation and forward thinking were considered the norm. The PAFD was one of the first fire departments in the U.S. to have a female firefighter. Over the years however, the fire department has become a stagnant organization. While it can still be proud of its ability to keep the public safe when an emergency occurs, management of the department is struggling, in part because there are few support staff to conduct important planning activities. Additionally there is an insistence within the organization, even within management, to focus most of its attention on fire suppression even when emergency medical calls are the majority of the Department‘s business, and prevention is a key to reducing losses and reducing demand (calls). The labor approach in Palo Alto (and nationally) has been a strong aggressive push to use all available means to protect the current system and to enhance services such that firefighter Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 16 ICMA System Planning Corporation Center for Public Safety Management numbers are increased by placing restrictions in their labor agreements. In California, passage of the Meyers-Milias Brown Act establishing meet and confer requirements for public employees were the beginning of these efforts. The current MOU has staffing requirements that specify the minimum number of personnel to be on duty. As a result, the city‘s ability to determine the desired level of service is very much restricted. Changes to the deployment system in Palo Alto have been difficult, if not impossible to achieve. Even so, those with whom we spoke reported that labor-management relations between the city and firefighters were generally good. For the city going forward, any hopes at changing resource deployment for fire and EMS services will require modifications to language in the MOU. For example, the fire department is currently required to staff its ALS rescues with two paramedics even though one paramedic and one EMT is acceptable under the protocols of the County‘s Health Officer, which regulates EMS service standards. To change EMS staffing to one paramedic and one EMT, a change wanted by the fire department management staff, requires a change to the MOU, or at least a side-letter agreement. Other major issues determined during our review include:  A leadership malaise has occurred within the fire department over the past few years, part of which is due to poor training for management staff  There is a an absence of relevant data to determine if the department is providing the right services, at the right places, at the proper level  Firefighters though dedicated, spend little time on prevention activities and training after their initial recruit training is poor  Officers get little training and there are low expectations for their performance  Separate OES operations within the police and fire departments are not coordinated effectively2  Battalion chiefs, who are important in policy implementation, each have assigned collateral responsibilities such as coordinating fleet maintenance and other support activities. However, not all of them take their extra responsibilities seriously.  Reductions in the fire department‘s budget over the past few years have eliminated important staff positions 2 As an example, all employees are to be trained in the National Incident Management System (NIMS) but reportedly not all are receiving the training. Likewise, some city departments are reportedly not cooperating with OES at the level necessary to achieve an effective outcome in a major emergency. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 17 ICMA System Planning Corporation Center for Public Safety Management Fire management recognizes many of these issues and several commented about the issues the department must prepare to address. Among them were:  A large turnover in fire department personnel is likely over the next few years as the expected number of retirements increases  Apparatus, especially ambulances that are supposed to be replaced at four years, are now over 10 years  Stations 3 and 4 are in need of major upgrades  The issue of adequate support staff has become critical  $1.1 Million was budgeted for overtime each year for the past 10, but overtime continues to increase beyond that level12-hour medic unit was operated using overtime for the past 21 years  Loss of key staff support means that the PAFD is only able to plan and address major issues by using voluntary committees  Reductions and deferrals to capital projects must be addressed as the fire departments facilities have become outdated and in some cases too small Public Safety Organization The city made the right decision to appoint the police chief as an interim public safety director pending the outcome of this study. Although the appointment of the police chief was intended as an interim measure until a new fire chief is appointed, there are opportunities to address many of the issues in the fire department if the arrangement were made permanent. Although this study did not include a review of the Palo Alto Police Department (PAPD), out of necessity we met with police officials because the fire dispatch center is managed by the police department. We also toured the dispatch center and met with various officials within the PAFD. The fire chief‘s office and fire prevention offices are located at city hall as is the entire PAPD operation. A major problem in the fire department is management support. Functions such as planning, data analyses, budget and finance, HR and IT all need major improvements. For the police department, these are areas of strength. Like most police departments the PAPD relies on data and planning to determine how best to deploy its resources. Although the city may have intended the public safety director‘s position as a temporary move, it should consider making it a longer-term arrangement and merge the support functions of the police and fire departments. The fire department‘s need for improved staff support can be Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 18 ICMA System Planning Corporation Center for Public Safety Management achieved if the departments were merged under a single director and the change would make the operation of both agencies more efficient because of the shared support functions. The interim director is a solid choice because he is well regarded within city government and the fire department. He also understands the city‘s politics. In addition to the benefit of improving the fire departments administrative functions, combining support functions would also allow a new fire chief (or chief of operations) to focus on improving the day-to-day activities within the fire department while the director focuses attention on strategic planning, budgeting, and other executive functions, all of which would take much of the fire chief‘s time if the organizations were separate. The city‘s emergency management operation (OES) could also be improved by merging police and fire under a single director. For Palo Alto, where threat of an earthquake is an ever-present concern, having close police and fire coordination for emergency management is essential. Figure 2 and Figure 3 show the current PAPD organization and how a combined organization under a public safety director might look. Figure 2: Current PAPD Organization Police Chief Personnel Services Investigative Services Field Services Field Services (Patrol) Field Services (Parking) Technical Services Dispatching Services Information Management Administration (Assistant Chief) Animal Services PAPD FTE Positions: 154.5 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 19 ICMA System Planning Corporation Center for Public Safety Management Figure 3: Potential Organization-- Police and Fire under a Public Safety Director Public Safety Director Emergency Management (Manager) Police & Fire Personnel Services Police & Fire Administration City Manager Police Services Chief of Operations Police Chief Fire & EMS Services Chief of Operations Fire Chief Police & Fire Information Management, IT and Planning Police & Fire Dispatching Services -Training and EMS (1 - BC) -Code Enforcement (1 - FM) -Stations and Personnel (3 - BC) - Field Services (Patrol) - Field Services (Parking) - Investigative Services - Animal Services Under a revised fire department structure as part of a combined public safety organization with a dedicated director, there are several options. The city could eliminate the fire chief‘s position and instead have a chief of operations equivalent to that of a deputy fire chief. Another option is to retain the position of fire chief and eliminate one of the two deputy chief positions. Either can be effective and would achieve some savings. That one of the two deputy chief positions is already part time and the fire chief position is unfilled makes this a good time to make such a change. Recommendation 1: Implement a new organizational structure with the current police chief as public safety director. At the same time, merge the support functions of budget/ finance, HR, IT, and planning for police and fire under the public safety director. If, as we recommend, the city decides to merge fire and police support functions, there is also a need to improve data and GIS analyses within the PAFD. From our work on this project it was evident that the fire department does not have the technical acumen in-house to analyze its activities, response times relative to incident outcomes, and other important criteria. For the fire department to build on the recommendations of this study and analyze possible changes beyond those of this study, it should be able to conduct detailed analysis. To do so will require expertise to evaluate fire loss, patient outcomes, and other activities related to the department‘s response activities. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 20 ICMA System Planning Corporation Center for Public Safety Management Recommendation 2: Within the merged planning function for police and fire, hire a data/ GIS analyst specifically for the fire department. As was mentioned the fire department has little experience with data analysis. For this project we spent an inordinate amount of time getting the CAD data to match with incident reports. The reason is that the two data sets often had different incident numbers and addresses for the dame incident. As part of the process to improve data collection for management use, it would benefit the city to have a consultant work with city staff on the issues of fire and EMS data collection, and then set up the arrays such that analysis is straightforward. Recommendation 3: Consider retaining TriData or similar consultant to assist the city in setting up its data collection and analysis process. As mentioned above, the fire chief‘s office and fire prevention staff are located at city hall along with other city agencies and the police department. However, most of the fire department‘s command staff such as the shift battalion and deputy chiefs are located at Station 6 on the Stanford campus. While fire departments often decentralize their operation to maintain good response times, it is not effective for Palo Alto‘s situation to have the management team split up. The battalion chiefs, who are managers, are not as engaged on important management issues and as a result the city is losing valuable contributions of these managers. For small organizations it is preferable for the entire management team be located in a single location where they can collaborate and function as a cohesive team. That the fire chief is at city hall and other command officers are at Station 6 is a contributing factor to the organization‘s ineffectiveness. Space to accommodate the PAFD management team at one location is a problem. There is insufficient space at Station 6 to move the operation from city hall to Station 6 and there is not enough space at city hall to accommodate a move of chiefs from the station to city hall, either. As the city makes its decisions of whether police and fire support functions are merged, a major consideration should be that the entire management staff of the fire department is located at one location. Recommendation 4: Move fire management and the senior staff of the PAFD to a single location, preferably along with the police department administration if police and fire are merged under a public safety director. Leasing space may be preferred to constructing a new facility. Just as location is hindering the fire department‘s effectiveness, so too are the expectations of managers throughout the entire department. Though not totally clear as to why, the expectation of officers is not very high in the PAFD. In many departments battalion chiefs and even captains have significant responsibilities and they have specific goals to accomplish, Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 21 ICMA System Planning Corporation Center for Public Safety Management typically within those of the department‘s strategic plan. In some ways the low expectation of officers is emblematic of the fire service overall because fire officers are promoted from within the ranks and then are required to manage the labor group from which they were part. A result of the location problem and not having all chief officers (and captains) fully committed to solving problems and offering new solutions is that all issues eventually find their way to top of the food chain where the fire chief or a deputy chief becomes overburdened. This situation is occurring in the PAFD. Recommendation 5: Implement a formal process of project management to include an evaluation of progress on all projects assigned. Assign special projects to all officers with battalion chiefs responsible for oversight of officers under their command. Include performance on special projects in the evaluation process for promotion. Further discussion on ways to improve the PAFD by a project management approach is provided in Appendix A. As fire organizations in California go, the PAFD is not unusual in that all shift officers at the company level are fire captains. This arrangement, though it works, is less effective and more costly than if the fire department had a subordinate officer position below a fire captain. In San Francisco and other departments, lieutenants are the first-line supervisors of a shift and report to a captain who is the company commander. If the city desires to improve the management team within the fire department while also addressing cost, it could implement the rank of lieutenant. As the fire department is contemplating promotions for captains who are retiring, now is a good time to consider such a move. If implemented through attrition, the current staff of captains would remain at their present rank until they retire and new lieutenants are promoted. Recommendation 6: Consider adding the rank of lieutenant. Under this scenario a captain would be in charge of the unit on one shift with lieutenants on the other two shifts. This change would result in a net reduction of captains (through attrition) and approximately a ten percent savings per FTE position as each captain is replaced by a lieutenant. Span-of-control, supervisory oversight, and professional development are also improved. Other Changes For a long time the fire department has prepared and administered its own promotional exams and intake processes for new firefighters. This is a highly unusual practice and few fire departments have the skill set (and time) to perform such a major HR function. A deputy chief, who by all accounts is very knowledgeable about the promotional test and requirements, is the lead individual for the PAFD. Taking on such an activity within an already short-staffed management team does not seem to be a good use of resources. Also, developing and administering promotional examinations and recruit testing are two areas that subject the city to increased legal exposure. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 22 ICMA System Planning Corporation Center for Public Safety Management For these reasons, many cities either have their central HR division administer exams, or they contract these services to a qualified vendor. The city might also consider improving the efficiency of the testing process by partnering with surrounding communities to standardize the process since they too have the same needs. Recommendation 7: Discontinue the practice of developing entrance and promotional exams within the fire department and contract these services to a qualified vendor or to the city’s HR division. At the same time, standardize the examination process and timing of promotional exams with other fire departments in the county to improve efficiency. A major finding of our review of the management structure and operation is the disjointedness of the city‘s emergency management efforts within OES. For this project we met with the OES coordinator within the police and fire departments. Both agencies have a coordinator and yet the level of coordination is less than desirable. Fortunately, management within the police and fire departments both acknowledge that OES is not as effective as it could be. On the positive side, individuals responsible for OES have developed very good relationships with large corporations and citizen groups such that the effort can be improved if the management structure were changed. Recommendation 8: Combine the emergency management functions of fire and police under the public safety director. Hire a person as the manager with qualifications specific to the field of emergency management. The current coordinators in police and fire can be support staff to the EM director; However, it is suggested that the current fire position coordinating EM be changed to a civilian. Initial Steps Going Forward As the city begins to initiate changes recommended by this study, there is a need to infuse a new culture and ideas into the fire department. One way to do this is to hire a new chief from the outside, which many cities do. However, hiring a new chief from the outside is not always a good idea. There are many examples where a new fire chief had vastly different ideas on the changes to make for the fire department and it overall direction for the future. To avoid such a situation in Palo Alto, the city should consider using an outside consultant to begin the implementation process of this study‘s major initiatives while at the same time assisting the city in the selection of its new fire chief (or chief of fire/ EMS operations, whichever the case might be). In so doing the city can begin to implement the required changes within the fire department. The added advantage is that potential candidates understand the city‘s long-range plan for the fire department and the candidates can be assessed as to their understanding of the city‘s plan. New ideas that support the city‘s plan can also be solicited from the candidates. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 23 ICMA System Planning Corporation Center for Public Safety Management Recommendation 9: At the initial stage of a police and fire functional support merger, contract for implementation services to oversee the process and assist with the selection of a new fire chief, who then would report to the director of public safety. Recommendation 10: When/if a new fire chief is hired, consider contracting the services of an organizational development consultant to improve organizational performance, internal communications, and professional development. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 24 ICMA System Planning Corporation Center for Public Safety Management III. POPULATION GROWTH, RISK, AND DEMAND ANALYSIS This chapter discusses the major factors that drive emergency service needs: population growth; risk and demand. The assessment of risk is critical to not only the determination of the number and placement of resources, but also to the mitigation measures that may be available to the fire department. Data Specification and Issues There were some significant data issues during this study that hindered our risk and demand analysis. We used both National Fire Incident Reporting (NFIRS) data and Computer Aided Dispatch (CAD) for our analysis, and had problems with both sets of data. We also had some difficulty conducting the risk and demand analysis by community neighborhood, a preferred methodology, particularly for larger communities. Although Palo Alto does have designated neighborhoods, they are not used extensively for planning purposes. For this study it was difficult in some cases to place a particular incident within the correct neighborhood. However the results do appear to be close enough to understand the emergency call situation for the city as it relates to its various communities. Going forward the fire department can improve its analysis and use these neighborhoods for planning purposes. NFIRS Data Issues – The National Fire Incident Reporting System (NFIRS) is a system established by the National Fire Data Center of the United States Fire Administration (USFA) to gather and analyze information on the magnitude of the Nation's fire problem, as well as its detailed characteristics and trends. The first version of NFIRS released in 1975 only collected fire incident data on a paper-based form. Over the last 35 years, the system has progressed to version 5.0 and now includes EMS, hazmat, and other data collection modules to reflect the all- hazard nature of current-day fire department work. Although Palo Alto Fire Department does collect NFIRS data, it is still using an older version of the system and there were questions of data quality and completeness. The fire department provided us data from 2004 through the present, but the data prior to 2007 was missing approximately 80 percent of incidents. The fire department staff worked with Zoll Data Systems, their NFIRS software vendor, to troubleshoot the problem, but no solution was found. Ultimately, staff at the dispatch center had to tap into the underlying database structure to provide us raw data for fire department incidents from 2000 to present. Recommendation 11: Upgrade NFIRS data collection to version 5.0 and establish a process by which the fire department can readily access NFIRS data for conducting analysis. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 25 ICMA System Planning Corporation Center for Public Safety Management Recommendation 12: Continue to work with Zoll Data Systems to fix 2004-2007 incident records. Historical data plays an important role in fire department strategic planning and it is important that PAFD has accurate and complete NFIRS data. CAD Data Issues – Computer Aided Dispatch (CAD) data provides a permanent record of communications between the dispatch center, the public, and fire department units in the field. Typically CAD data includes an incident dispatch type, incident address, incident coordinates, and response timestamps for all responding units. Although we received great cooperation and help from the dispatch center technical staff, we identified some critical data issues. The current Palo Alto CAD system is outdated and does not track incident coordinates. Newer CAD systems allow call-takers and dispatchers to display and verify incident locations in real-time. These systems record an accurate GPS coordinate for each incident (assuming dispatchers correctly verify incident locations). Palo Alto is still using an older system where units are picked based on an address database rather than real-time address mapping. In this system, call-takers have to either input addresses that perfectly match up with the database or manually figure out where an incident is located and what units to dispatch. This type of system has no way of determining or recording GPS coordinates and, as a result, there is no definitive incident location recorded. This type of system limits the accuracy of neighborhood-level fire department analysis that depends on knowing where all incidents are located. Recommendation 13: Upgrade the CAD system so that GPS coordinates are collected for all incidents. Beyond the lack of coordinates, there are some inherent problems in using CAD data for conducting performance measurement. CAD data typically contains many inaccurate records. It is rare to find fire departments that actually analyze their data on a regular basis and, as a result, there is often no driving force for insuring data accuracy. The CAD data we received from the Palo Alto dispatch center contained many incidents that were missing unit timestamps, had clearly incorrect unit timestamps or showed duplicate unit responses on the same incident. To correct this problem, a better system needs to be put in place for accurately recording fire department performance. We recommend putting in place a data quality program encourages the fire department staff to verify and address data inaccuracies. CAD data is typically transferred over the NFIRS software/database where line-staff and supervisors can review and correct data. A captain entering incident data should notice if the incident shows incorrect timestamps or apparatus and can work with supervisors and/or the dispatch center to correct these inaccuracies before they become part of the permanent data record. Regular monthly data analysis reports distributed to the entire department can also identify potential inaccuracies in the data collection process. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 26 ICMA System Planning Corporation Center for Public Safety Management We did not have a chance to conduct an in-depth review of the CAD/NFIRS interface, nor did we get into the details of how the fire department reviews, verifies and corrects incident data. Although the fire department probably does have some data review procedures in place, the CAD and NFIRS data issues we identified in this study highlight the need for updating and improving the entire process. Recommendation 14: Work with dispatch staff, the CAD software vendor, the NFIRS software vendor, and line-staff to put in place a process by which the final incident data entered into the database contains no gross inaccuracies. Planning Area Issues – It is good practice for fire departments to consider risk and demand at a neighborhood level. In order to accomplish this, fire departments must have some predefined planning areas by which to summarize incident information. It was apparent during our study that Palo Alto did not have any planning areas that could be used for fire department analysis. In the Land Use section (chapter 2) of the Palo Alto Comprehensive Plan, it states that ―areas are classified as Residential Neighborhoods, Centers, or Employment Districts‖ and that ―understanding the linkages and connections between these areas and within the region is critical to integrating land use and transportation planning.‖ These areas are, however, not particularly conducive to conducting fire department planning because many of the ―planning areas‖ are only a couple blocks large to encompass individual development projects. Palo Alto also has a set of historical neighborhoods and political neighborhoods, but neither of these neighborhood sets covered the entire Palo Alto Jurisdiction. Ultimately, we had to create our own planning areas for this study. We used Palo Alto‘s 24 historical neighborhoods and added the Stanford University Campus, the commercial area around Stanford shopping center, and the Bayshore area. Note: When we refer to planning areas in this report, we are referring to these 27 areas rather than the Palo Alto Comprehensive Plan ―areas.‖ Figure 4 shows the 27 planning areas used for our neighborhood-level risk and demand analysis in this chapter. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 28 ICMA System Planning Corporation Center for Public Safety Management entered addresses or missing incident addresses. Palo Alto does have a significant problem of not being able to match incident geocodes to correct addresses. Thus for this study we geocoded three years of data (2007-2009) to achieve a better match rate (97 percent). This means that only three percent of incidents were not located and, thus, not included in the neighborhood-level analysis. Population Growth and Development For this study the project team met with the Palo Alto Planning department and reviewed the ―Joint City Council / Planning & Transportation Commission Study Session Regarding the Comprehensive Plan Amendment and Housing Element Update‖ to better understand what changes are predicted for Palo Alto over the next ten years. Residential Population Growth – Palo Alto‘s population grew rapidly from 1950 to 1960, more moderately from 1960 to 1970, and remained fairly level from 1970 to 1990. In the 1990s there was another gradual population increase followed by a slight dip in the early 2000s. From 1997-2008 there was a large amount of development taking place in Palo Alto, which manifested itself as a population increase in the late 2000s, just before the recent economic downturn. The Association of Bay Area Governments (ABAG) predicted a 2020 population of 70,400 (14.4 percent growth) largely based on the very recent period of accelerated growth, but Palo Alto planners do not believe this prediction to be accurate. Based on their limited land availability and limited redevelopment potential, Palo Alto developed an in-house set of population predictions. Both the ABAG and Palo Alto projections are shown in Table 5. Based on our discussions with Palo Alto planners, we are assuming the Palo Alto projections are a more accurate prediction on which to base fire department incident trends. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 29 ICMA System Planning Corporation Center for Public Safety Management Table 5: ABAG and Palo Alto Population Projections3 Figure 5: Actual (solid black) and Predicted (dashed green) Population4 3 City Manager Report to Council; Comprehensive Plan Amendment and Housing Element Update, March 3, 2010. 4 Ibid. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 30 ICMA System Planning Corporation Center for Public Safety Management Daytime Population – Residential population provides only a part of the total growth picture because of the impact that jobs and commuters have on the non-residential / daytime population. This component of growth is an especially important consideration for Palo Alto where a large number of commuters access the downtown and university avenue region during business hours. The Palo Alto Cal Train station is second busiest station on the line because of all the commuters coming into the Stanford Research Park, the downtown area, and the California Avenue area. Figure 6 shows us the ratio of daytime population to residential population to provide an idea of where there are large population differences based on the time and day. This map uses a predefined ESRI data layer (prepared by our GIS software vendor) that shows higher daytime/nighttime population ratios in darker purples and lower daytime/nighttime population ratios in lighter purples. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 32 ICMA System Planning Corporation Center for Public Safety Management It can be seen that Stanford University, the eastern portion of Downtown North, University Park, the western portion of University South, the research park, large parts of Green Acres, Charleston Terrace, and most of the neighborhoods just south of Alma Street all have significant daytime populations. This is significant because demand is affected by large daytime population increases, a fact that is relevant in planning the deployment of resources, especially for EMS. Expected Development – As will be discussed in the EMS risk section of this chapter, the number of EMS incidents is almost directly proportional to population. Understanding the expected population changes before they occur help the fire service to prepare for changes in service demand. Furthermore, it is necessary to plan adequate fire service protection for new buildings. New development and growth areas always need to be considered in the evaluation of fire station and apparatus locations. Palo Alto currently has no vacant land inventory and the planning department stated that the urban area of the city is fully built out. Although the city does have additional vertical capacity, it is questionable how much vertical development will actually occur. Buildings have a max height of 50 feet downtown, 30-35 feet in the El Camino Real area, and there are a couple other areas that are zoned for higher density growth and building heights up to 50 feet. A big project on the horizon is the Stanford Medical Center expansion that will account for an additional 2,000 jobs. This project is not expected to be completed until after 2020. There is also a big push to build more houses because of all the businesses in Palo Alto, but equal pushback from the community about growth because of schools and infrastructure concerns. The planning department predicts an average annual increase of 100 housing units going forward, which will have minimal impact on EMS. It is expected that the California Avenue area will continue to grow and that the commercial area along El Camino Real will continue to see increases in residential population because the zoning allows for mixed-use commercial/residential projects. Planners also expect some additional development in the downtown area. Because of the current economy and the fact that Palo Alto is pretty much built-out, there is very little on the development front that will have a large impact on the fire department. The fire department should, however, keep in close contact with the planning department and work with them to ensure that any large developments will have adequate emergency services performance. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 33 ICMA System Planning Corporation Center for Public Safety Management Demand for Emergency Services Demand is defined as the number of emergency incidents that required fire department intervention. In this section we review jurisdiction-wide incident type counts, make incident type forecasts, and review incident type breakdowns by the 27 planning areas. Understanding both current and predicted future demand will assist the city and fire department officials to make important decisions in the following areas:  Fire Unit Locations – Planning areas with high levels of demand show where fire apparatus should be located. Further understanding of the types of incidents in each area helps to determine the type of response equipment is most appropriate.  Weight of Response – The demand analysis shows the number of fires versus the number of fire alarms. A higher weight of response is prudent for planning areas with higher-risk properties, and where more structure fires actually occur.  Prevention – Some areas have such a high demand for emergency service that prevention and education efforts must often be increased. Jurisdiction-Wide Incident Type Trends and Predictions – Using a statistical software package, a multi-linear regression procedure was used to investigate how both time and population affect each of the individual incident types. (Time reflects changes in inclination to use EMS and factors other than population growth per se.) A best-fit multi-linear model was used to analyze each incident type and the population projections (discussed earlier) and these were then used to predict future demand. Certain incident types, such as EMS, are much more dependent on population than others. This is all built into the multi-linear regression model. In statistics, linear regression is an approach to modeling the relationship between a dependant variable y and one or more independent variables denoted X. For our incident type trending, we are using year (x1) and population (x2) to predict incident type totals (y). We realize that time and population are not the only factors determining emergency services demand, so the model is not perfect for predicting the exact number of incidents. The use of linear regression is useful in that it shows trends, and trends are valuable for planning purposes. Ideally, we would include information about housing stock, population demographics and other variables in our model. Although many of these additional statistics are available as historic data, they are usually not projected by jurisdictions. We would need both historical and projected values to use within our model. For that reason, we have chosen a simpler model that is only based on two inputs. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 34 ICMA System Planning Corporation Center for Public Safety Management For any model, it is necessary to say how statistically accurate it is, or what the confidence is in the estimate. s. For example, if we predict that there will be 200 fires ten years from now, we also have to state the confidence limits of that prediction. The confidence interval is a statistical plus/minus calculation. To continue with the fire example, we might say there will be 200 fires, plus or minus 50. This gives the reader both a prediction and a range within which we are fairly certain (95 percent certain to be exact) that the eventual total will fall. The confidence intervals are the result of a statistical calculation that analyzes how accurately our prediction model represents the actual data. A very good model will have a small confidence interval. Our "Total Incidents" predictions usually have small confidence intervals because the annual totals stay fairly steady and trends typically remain uniform from year-to- year; as a result a multi-linear regression is able to make fairly accurate predictions for total incidents for at least several years into the future. The further into the future, the wider the confidence limits. Large confidence intervals occur when there are big incident type fluctuations from year- to-year that are inconsistent and cannot be accurately modeled with any of the independent variables (time and population). For instance, if the annual number of fires fluctuates up and down 30 percent from year-to-year, the model cannot accurately predict the exact number of fires for a given year. In that case, there would be a large confidence interval that essentially says we predict X, but the number could be much higher or much lower. When combining large confidence intervals with incident types that already have low annual totals (e.g. fires), it is not uncommon to see confidence intervals that drop to zero. Although we know it is unlikely fires will drop to zero, our model may not be able to statistically confirm that. It is for that reason that we have to combine judgment with these statistical models to ultimately decide what direction we expect a particular incident type to trend. Our statistical projections are by no means perfect, but rather tools to help understand incident type trends and identify potentially extreme increases or decreases of emergency demand. The figures on the next page show the trends by incident type and projections for 2010 through 2020. The black line that stretches from 2000 to 2009 represents actual incident totals for those years. The red line that stretches from 2009 to 2020 represents the predicted incident totals for those years. The blue lines above and below the predicted values show the 95 percent confidence interval (meaning that statistically there is a 95 percent chance that the actual incident total will fall within that range). Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 35 ICMA System Planning Corporation Center for Public Safety Management Again, it must be remembered that as a statistical prediction judgment should also be considered. A solid understanding of the underlying factors that drive demand for local emergency services combined with statistical forecasting like that provided in this section is a powerful combination for successful deployment planning. Figure 7 and Table 6 that follows show the total incident projections and the projections for various incident types. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 37 ICMA System Planning Corporation Center for Public Safety Management Table 6: Incident Type Trends, 2000-2020 Incident Type 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 P-2010 P-2020 EMS 2742 3233 3492 3194 3381 3418 3517 3932 4211 4070 4447 5845 Alarm 1306 1334 1301 1349 1259 1170 1253 1165 1116 1106 1035 751 Good Intent 527 473 408 364 418 630 517 492 376 377 330 242 Cancelled 295 211 312 276 262 394 467 612 649 606 798 1327 Service Call 416 353 376 361 398 377 397 382 366 321 313 261 MVA 262 316 287 315 267 245 268 240 293 301 316 318 Fire 195 237 236 242 187 199 181 202 176 209 194 158 Hazardous Condition 280 278 252 179 187 203 174 151 169 147 167 33 Rescue 50 48 35 32 32 36 59 83 96 85 132 205 Undefined NFIRS Code 87 99 36 18 51 65 33 25 34 19 33 0 Unfounded 3 5 6 6 4 28 73 83 100 114 162 315 Standby 23 8 11 7 20 11 6 7 2 7 2 0 Rupture, Explosion, or Overheat 19 16 6 4 4 5 13 7 5 3 8 0 Severe Weather & Natural Disaster 2 1 3 0 0 2 0 1 0 1 1 0 Total Incidents 6207 6612 6761 6347 6470 6783 6958 7382 7593 7366 7938 9417 From the analysis it was determined that total incidents appear to be very slightly increasing. Over the last decade, total incidents have increased from 6207 in 2000 to 7366 in 2009, a 19 percent increase. Over the same time period, EMS incidents increased from 2742 to 4070, a 48 percent increase! We also note that the total number of fires has remained relatively unchanged over the last decade, staying between 201 and 275 fires per year. Should these trends continue, we would expect 9538 total incidents, 5842 EMS incidents, and 172 fires in 2020. Again, the calculation is predicated on a multi-linear regression that includes population predictions. For the city it should consider the blue line (confidence interval ranges) rather than the actual prediction. The confidence interval ranges do show that statistically it can be expected that total incidents will increase slightly over the next ten years, mostly due to increased EMS incidents. The number of fires is expected to remain relatively unchanged. Although there are certainly other incident types that show increases or decreases over the last decade (e.g. Alarms and Hazardous Condition), do not read too much into these trends. These graphs are based on information entered by firefighters after returning from an incident. Because different people may code the same incident in different ways (there are hundreds of different incident type codes), there will be discrepancies in the data. Typically fires and EMS incidents are fairly straightforward to code and, as a result, we place much more value in the reliability of those trends; they also happen to be two of the more important incident types when it comes to fire department workload. Total incident counts should also be fairly reliable because these counts do not depend on how the incident type was coded. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 38 ICMA System Planning Corporation Center for Public Safety Management Demand by Planning Neighborhoods – The following graph and table show emergency services demand by planning area. The length of each bar represents the total number of incidents that occurred in that planning area from 2007 to 2009. Within that bar, the different incident types are represented by different colors depicted in the legend. Please note that these values are not normalized. Planning areas that have particularly large land areas may have high emergency services demand, yet have relatively low emergency services demand per capita or per square mile. Figure 8: Total Emergency Service Demand by Planning Areas, 2007-2009 Table 7: Total Emergency Incidents by Planning Areas, 2007–2009 EMS Alarm Can-celled Good Intent Service MVA Other Fire Hazard University Park 4894 1119 753 453 476 277 287 243 180 Commercial Area 3024 583 529 208 176 155 123 93 52 Evergreen Park 2227 484 230 183 150 113 66 75 75 University South 1550 332 173 124 124 69 59 20 45 Downtown North 1014 211 180 100 74 85 74 58 53 Ventura 1001 244 154 108 125 48 40 40 48 Charleston Meadows 744 182 124 77 73 38 32 35 26 Charleston Terrace 675 191 83 89 77 55 32 45 30 Greenmeadow 730 167 119 81 58 28 33 28 35 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 39 ICMA System Planning Corporation Center for Public Safety Management EMS Alarm Can-celled Good Intent Service MVA Other Fire Hazard Fairmeadow 620 179 74 95 32 32 53 42 32 Leland Manor / Garland 534 175 103 75 75 48 24 39 24 Midtown / Midtown West 592 124 80 63 63 31 42 33 25 Barron Park 566 133 62 76 63 31 31 37 23 Old Palo Alto 528 117 92 76 62 45 28 18 18 Community Center 495 103 135 58 45 42 22 22 26 College Terrace 551 86 57 69 52 46 6 11 34 Palo Verde 528 91 70 56 53 22 22 31 16 Southgate 482 112 112 32 16 16 32 0 48 Duveneck / St Francis 451 93 88 44 59 34 25 20 22 Crescent Park 423 127 83 51 40 24 22 35 28 Professorville 403 113 38 38 101 50 13 0 76 Green Acres 447 122 68 48 48 29 20 9 14 Research Park 272 131 57 31 18 23 17 17 14 Stanford 159 78 27 19 13 10 12 10 6 Bayshore Area 26 7 5 3 1 3 2 2 2 Palo Alto Foothills 12 4 5 1 1 2 1 1 0 Fire Risk Analysis Fires are a small percent of total emergency services demand, but fire suppression activities require more personnel to mitigate than do most other emergencies. The fire risk assessment in this section evaluates the overall trend in fires, the probability of fires in different planning areas, and the consequence or likely severity of fires in different planning areas. All of these factors were considered for the overall protection requirements of each planning area. Fire Type Trends – There has been very little change in the number of fires from 2000- 2009. Vehicle and confined structure fire categories do have some up and down, but for such a specific category that there are less than 60 incidents per year, it is expected that there be some annual variability. Although PAFD should always work towards reducing fires through prevention efforts, the lack of any significant increase in fires while population has very slowly increased is good. It should be noted that in the following figure, structure are broken out into several, somewhat unusual classifications. These are not our choice of classification, but rather how the US Fire Administration NFIRS specifications code fire types. The following is brief explanation of these different structure fire types:  Structure Fire (confined) – This code is used to describe a fire that was inside a structure, but confined to something like a cooking pot.  Structure Fire (non-building) – This code is used to describe a fire that occurred in a non-building structure such as a bridge or pier. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 40 ICMA System Planning Corporation Center for Public Safety Management  Structure Fire (portable) – This code is used to describe a fire that occurred in a portable building such as a mobile home or portable classroom trailer.  Structure Fire (other) – This code is used to describe structure fires that cannot be classified into one of the other categories.  Structure Fire – The NFIRS coding includes catchall codes that describe an incident type, but do not include details. This code is the catchall code for structure fires. Figure 9 shows actual and forecasted fire incidents from 2000 to 2020. The red line in this graph shows the predicted number of fires using the same multi-linear regression prediction methodology as earlier. Blue lines above and below the prediction show the 95 percent confidence interval. The black line from 2000 to 2009 shows the actual fire incident counts. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 42 ICMA System Planning Corporation Center for Public Safety Management Table 8: Fire Trends, 2000-2020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 P-2010 P-2020 Outside Fire 55 82 73 86 70 67 57 74 65 92 86 97 Structure Fire (contained) 39 46 56 50 41 66 48 54 50 41 36 34 Vehicle Fire 47 45 33 42 32 24 25 27 17 30 27 4 Other Fire 25 27 39 27 19 13 21 22 18 26 26 19 Structure Fire 18 26 27 24 17 22 25 18 20 14 12 4 Structure Fire (other) 9 6 4 11 6 1 0 3 3 3 3 0 Structure Fire (non-building) 0 2 3 2 2 4 4 3 1 1 0 0 Structure Fire (portable building) 2 3 1 0 0 2 1 1 2 2 4 4 Total Fires 195 237 236 242 187 199 181 202 176 209 194 158 Jurisdiction-Wide Fire Losses – One of the best indicators of fire risk is actual data collected from fires over multiple years, preferably at least five. The following table shows total fire deaths, injuries, and property loss (defined as both the property and contents). Table 9: Total Fire Loss, 2000-2009 Year Total Fires Dollar Loss Injuries Fatalities Average Loss ($) Per Fire 2000 195 $2,168,650 1 1 $11,121 2001 237 $1,482,510 0 0 $6,255 2002 236 $428,620 0 0 $1,816 2003 242 $78,190 0 0 $323 2004 187 $46,315 1 0 $248 2005 199 $439,470 2 0 $2,208 2006 181 $1,408,040 1 1 $7,779 2007 202 $6,992,390 0 2 $34,616 2008 176 $1,687,128 0 0 $9,586 2009 209 $1,297,305 0 1 $6,207 (average) 206 $1,602,862 .5 .5 $7,781 The data reflects all fires, including vehicle fires and outside fires. It appears that, on average, there are around 200 fires per year with a fire injury or fire death occurring every couple years. Annual dollar loss due to fire varies from $46,315 in 2004 to $6,992,390 in 2009; on average there was about $1,600,000 of fire damage annually. It should be noted that the total dollar loss for fires in 2003 and 2004 seem too low to be believable. The fire department should recheck its data, especially for these years. Clearly though, if the loss data is correct Palo Alto has a very low average dollar loss per fire incident. This is good and probably attributable to factors such as the, sprinklered and fairly modern building stock, as well as the education level of residents and those who work in the city. Rapid response by competent firefighters also should make a difference (the loss saved by fire operations can be measured, but few do—we have Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 43 ICMA System Planning Corporation Center for Public Safety Management developed an approach for estimating losses and lives saved by fire operations, it this is of future interest.) The following table compares Palo Alto fire loss data to regional and national averages. For a relatively small jurisdiction such as Palo Alto, fire loss data can be easily skewed. Any slight under-or over-reporting of deaths, injuries, or property loss could have a huge impact on the validity of the results. So comparisons should be viewed over time, to be based on more data. Comparisons also should be taken with a grain of salt unless it is known that the data in different jurisdictions is collected the same way. Table 10: Per Capita Fire Loss and Comparison Statistics, 2000-2009 Total Fires (per 1K capita) Dollar Loss (per capita) Civilian Injuries (per 1M capita) Civilian Deaths (per 1M capita) United States 5.2 $48.5 58.6 11.4 Region: west 3.8 $73.3 45.7 6.7 Population: 50,000 to 99,999 3.9 $31.1 73.5 11.6 Region and Population 3.2 $24.9 46.5 5.7 Palo Alto : 2000 3.2 $36.0 16.6 16.6 Palo Alto : 2001 3.9 $24.6 0.0 0.0 Palo Alto : 2002 3.9 $7.1 0.0 0.0 Palo Alto : 2003 4.0 $1.3 0.0 0.0 Palo Alto : 2004 3.1 $0.8 16.6 0.0 Palo Alto : 2005 3.3 $7.3 33.2 0.0 Palo Alto : 2006 3.0 $23.4 16.6 16.6 Palo Alto : 2007 3.4 $116.2 0.0 33.2 Palo Alto : 2008 2.9 $28.0 0.0 0.0 Palo Alto : 2009 3.5 $21.6 0.0 16.6 Palo Alto : (average) 3.4 $26.6 8.3 8.3 Palo Alto has fewer fires and fire deaths per capita than the averages for the US, the west coast, and communities of similar size. Palo Alto also has a much lower average dollar loss than the US and communities of similar size, but its dollar loss is just slightly higher than the region and population. Fire injuries are significantly lower than national, regional and community size averages. Again, that Palo Alto is doing so well is related to community demographics in part, such as much higher levels of education compared to other, similar-size communities. The median home value in Palo Alto makes a true comparison of fire loss difficult. As compared to Palo Alto, where the median value of a residential property in 2010 was $1.41M, Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 44 ICMA System Planning Corporation Center for Public Safety Management the median value for residential homes in the rest of the Nation was approximately $167,000. 56 For Palo Alto, even a small fire inside a structure can result in a substantial fire loss and thus make the overall fire situation appear high when it is not. Whereas a room-and-contents fire in the typical U.S. community might exact a loss of $10-$30K, the same fire in Palo Alto might easily result in a $150-$250K loss, or more. The point is, even in those years where fire losses exceeded $1.0M, total losses are equivalent to one residential structure, not including its contents. Geospatial Location and Severity of Fire Incidents – To help evaluate the appropriateness of fire unit locations, it helps to understand where there are fire ―hotspots‖ (higher numbers and density of calls) within the city. It is also good to know where the more serious structure fires (those that involve deaths or large fire losses) are occurring. Figure 10 shows both the fire density per square mile for all fire types (including vehicle and outside fires) and the location and severity of structure fires shown by red dots that are scaled based on the amount of fire loss. Additionally, we mapped out the location of all the civilian fire deaths shown with green crosses. This map was compiled from PAFD incident data from 2007 to 2009. Please note that one of the issues we ran into with this project is that the dispatch does not hard-code coordinates for each incident, so we had to geocode the addresses that were provided in the fire department incident reports. Like all other fire departments, these addresses can be quite poor because of misspellings and omissions. For this study we were able to achieve a 97 percent match rate of incident geocodes by reducing the number of years of data analyzed. 5 http://www.1siliconvalley.com/palo-alto-housing-market-%e2%80%93-fourth-quarter-2010-update/ 6 http://money.cnn.com/2010/05/11/real_estate/latest_home_prices/index.htm Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 46 ICMA System Planning Corporation Center for Public Safety Management Fire Risk by Planning Neighborhoods – Fire Risk is the product of fire probability and fire consequence. High risk, therefore, can result from either a large number of small fires, or a small number of large fires. The table below shows the average annual number of fires in each of the planning areas and the number of fires per 100 square miles. Some of the planning areas were larger than others, so it made sense to normalize the numbers in a way that allow accurate comparison. The fire ―probability‖ classifications (low, medium, and high) are based on which quartile the fires ―per 100 square miles‖ value fell into. The top 25 percent where classified as high fire probability, the middle 50 percent classified as medium fire probability, and the lowest 25 percent classified as low fire probability. Charleston Terrace, the Commercial Area, Downtown North, Evergreen Park, Fairmeadow, University Park, and Ventura have the highest probability of fire. The same table also assesses fire ―severity‖ using financial fire loss as a metric. Again, the statistics were normalized by land area (fire loss per square miles) and ―severity‖ classified using the quartiles. Using this methodology, it was determined that Byron Park, the Commercial Area, Community Center, Downtown North, Leland Manor/Garland, Palo Verde, Research Park, and University Park had the most severe fire loss. We have already discussed how this table shows us the probability of fire and the actual outcome (consequence/severity) for each of the different planning areas. Although we used a fairly simplistic quartile method for classifying the planning areas, it was a quick way of judging probability and consequence of fire in different geographic areas of the city. We use these to inputs to make a final fire risk classification shown in the far right column of the same table. Generally speaking, a high/high or high/medium combination was classified as high risk. A low/low combination was classified as low risk. The remaining planning areas were classified as medium risk. The Commercial Area, Downtown North, and University Park appear to have the highest overall fire risk. Table 11: Overall Fire Risk Classification by Planning Area, 2007-2009 Total Fires (per sq mile) Probability Fire Loss (per sq mile) Severity Risk Level Barron Park 23 37 Medium $325,630 $527,680 High Medium Bayshore Area 9 2 Low $4,615 $1,057 Low Low Charleston Meadows 11 35 Medium $123,601 $394,537 Medium Medium Charleston Terrace 30 45 High $24,710 $37,423 Medium Medium College Terrace 2 11 Low $400 $2,298 Low Low Commercial Area 62 93 High $498,125 $744,217 High High Community Center 7 22 Medium $536,510 $1,723,948 High Medium Crescent Park 19 35 Medium $900 $1,653 Low Low Downtown North 11 58 High $80,050 $422,860 High High Duveneck / St Francis 8 20 Medium $62,100 $152,234 Medium Medium Evergreen Park 16 75 High $31,250 $146,850 Medium Medium Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 47 ICMA System Planning Corporation Center for Public Safety Management Total Fires (per sq mile) Probability Fire Loss (per sq mile) Severity Risk Level Fairmeadow 4 42 High $1,050 $11,032 Low Medium Green Acres 4 9 Low $0 $0 Low Low Greenmeadow 11 28 Medium $1,202 $3,035 Low Low Leland Manor / Garland 13 39 Medium $306,000 $923,944 High Medium Midtown / Midtown West 39 33 Medium $26,790 $22,913 Low Low Old Palo Alto 11 18 Medium $14,625 $23,697 Medium Medium Palo Alto Foothills 8 1 Low $72,200 $6,561 Low Low Palo Verde 24 31 Medium $515,515 $672,558 High Medium Professorville 0 0 Low $30,000 $377,948 Medium Low Research Park 33 17 Medium $200,244,770 $105,586,541 High Medium Southgate 0 0 Low $0 $0 Low Low Stanford 111 10 Low $321,796 $29,037 Medium Low University Park 73 243 High $6,573,183 $21,900,755 High High University South 4 20 Medium $30,000 $148,560 Medium Medium Ventura 14 40 High $55,371 $157,397 Medium Medium Emergency Medical Service Risk Analysis Palo Alto provides both medical first response (from engines) and ambulance transport. The medical service PAFD provides to citizens of Palo Alto is very important when dealing with time sensitive medical emergencies. Demand for emergency medical service varies greatly across the city, but it is fairly easy to predict which areas will have the highest EMS demand based on historical EMS incident densities, current population densities and expected population growth (which was covered earlier). This section reviews all of those inputs and makes an EMS risk determination for each planning area. Population Density – Population is an excellent predictor of EMS demand. The Center for Accreditation International (CFAI) Standards of Cover manual reports that one West Coast Metropolitan Fire Department found that the correlation between demand for EMS service and the number of people served was 0.9899. A perfect correlation is 1.0, meaning that there is a direct relationship between the two factors. A graph of this correlation, taken from the Standards of Cover manual is shown below. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 48 ICMA System Planning Corporation Center for Public Safety Management Figure 11: Correlation between Population and EMS Calls for Service Study, 1980-2004 With this correlation established, it is possible to look at a population density map of Palo Alto and predict which areas will have the highest EMS demand per capita. The following population density map (Figure 12) was compiled by ESRI using United States Census data. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 49 ICMA System Planning Corporation Center for Public Safety Management Figure 12: Population Density, 2010 EMS Incident Density – Based on the Palo Alto population density map, a high number of the EMS incidents should be expected in the downtown area and on the University campus where there are the largest concentrations of residential population. Besides having large residential population densities, these two areas also attract a large number of commuters during Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 50 ICMA System Planning Corporation Center for Public Safety Management business hours. We would also expect to see EMS hotspots in the eastern portion of Ventura neighborhood, the northwestern portion of Midtown, and the eastern portion of the Charleston Meadows neighborhood where there are smaller areas of high population density. The actual number of EMS incidents by planning area is listed in the next section. We see in the EMS incident density map (Figure 13) that the downtown areas have the highest number of EMS incidents and there are small hotspots along Alma Street. Despite a high population density, the Stanford Campus does not have high EMS demand probably because young students with limited chronic medical problems comprise most of the residential population in this area. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 52 ICMA System Planning Corporation Center for Public Safety Management EMS Risk Classification – Population density is an excellent predictor of EMS demand, but other factors also influence demand. Senior citizens, for instance, typically have a higher demand for EMS service than other demographics. As part of an EMS risk analysis EMS demand would also be analyzed in the context of population demographics; however, population demographics were unavailable for the planning areas. It would also be beneficial to look at the type breakdown of EMS incidents in each of the planning areas, but this data was also not readily available. EMS incident type breakdowns would have allowed us to determine in which areas EMS incidents were more severe and would benefit from a quicker response. Each planning area is assigned an EMS risk classification below based on the number of EMS calls per 100 square miles. Based on our risk evaluation, it was found that Charleston Meadows, the Commercial Area, Downtown North, Evergreen Park, and Greenmeadow have the highest EMS risk. Table 12: EMS Risk Factors and Classification, 2007-2009 EMS Incidents (per 100 sq miles) Risk Classification Barron Park 349 56,555 Medium Bayshore Area 112 2,565 Low Charleston Meadows 233 74,374 High Charleston Terrace 446 67,546 Medium College Terrace 96 55,146 Medium Commercial Area 2,024 302,393 High Community Center 154 49,484 Medium Crescent Park 230 42,253 Low Downtown North 192 101,423 High Duveneck / St Francis 184 45,106 Low Evergreen Park 474 222,742 High Fairmeadow 59 61,988 Medium Green Acres 197 44,654 Low Greenmeadow 289 72,975 High Leland Manor / Garland 177 53,444 Medium Midtown / Midtown West 692 59,185 Medium Old Palo Alto 326 52,823 Medium Palo Alto Foothills 129 1,172 Low Palo Verde 405 52,838 Medium Professorville 32 40,314 Low Research Park 516 27,208 Low Southgate 30 48,204 Low Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 53 ICMA System Planning Corporation Center for Public Safety Management EMS Incidents (per 100 sq miles) Risk Classification Stanford 1,757 15,854 Low University Park 1,469 489,446 High University South 313 154,998 High Ventura 352 100,059 High Target Hazards For this project we also assessed as part of the analysis the location of target hazards provided to us by the fire department. These are h of these target hazards are shown in Figure 14. Although we do not provide an explicit review of these target hazards due to the scope of this study, we included this map because it is something that we do refer to when making station location recommendations in the next chapter. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 55 ICMA System Planning Corporation Center for Public Safety Management IV. STATION LOCATION AND RESPONSE TIME ANALYSES The analysis of response time and service reliability from the city‘s eight fire stations determined that coverage is good with the current arrangement of stations and units. However, response times are slightly higher than might be expected, mostly because of many dead-end streets and traffic barriers in residential neighborhoods. The major steps for a deployment analysis include a risk assessment (discussed in the previous chapter), working with the public and local government officials to determine response time goals for the community as a whole or by individual planning areas, and measuring current and potential performance against selected goals. The Center for Public Safety Excellence (CPSE) publishes an excellent reference that can be used by communities to understand the process and determine the choices available to them. Generally referred to as a ‖standard of cover‖ analysis, we used the CPSE methodology in the analysis of response time and service reliability.7 Deployment decisions concerning fire station and apparatus locations should be an iterative process largely based on continual or periodic performance measurement. Because the needs of Palo Alto do change, the recommendations made by this analysis should be considered as a step in a continuing process. Going forward, the fire department must do a better job of collecting and using response time data for the process to be effective. Strategic Goals Establishing goals against which to measure response effectiveness rests with PAFD leadership. The following steps should be considered:  Discuss with community leaders and local government officials the desired performance measures for fire and EMS response times. Very few citizens and elected officials understand the concept of response time as it relates to emergency services. Educating them on the available choices and trade-offs are necessary parts of the planning process. For example, it is useful to note to them that rapid response may prevent a food on the stove fire from becoming a house fire; a cardiac arrest from becoming a fatality; and a gunshot wound from becoming a murder. 7 Creating and Evaluating Standards of Response Coverage for Fire Departments, Commission on Fire Accreditation International, Inc., Chantilly, VA 20105. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 56 ICMA System Planning Corporation Center for Public Safety Management  Implement a method for tracking unit reliability. The CPSE Standards of Cover manual places great importance on considering deployment changes when a unit falls below 80 percent performance reliability. Reliability in this case means whether the unit located at the closest fire station is available to answer the call.  Prepare a monthly response time report and distribute the report department wide. (TriData could help set up such a report).  Conduct an annual performance review for the entire system and each planning area. The report should summarize the systems overall performance, note changes to specific planning areas, and recommend deployment modifications, near and long- term. Response Time Analysis The initial aspect of our review of PAFD deployment was to collect available data and analyze response times. Response time is defined as the time from an individual calling 911 to emergency service personnel arriving at the scene. Response time has three segments: call processing; turnout (or reaction) time; and travel time. Some departments also consider the time segment from when personnel first arrive at the street address until they reach the fire or a patient; usually referred to as ‖vertical‖ response time because it is often considered where there are high-rise buildings. (It can take another 5 minutes to get to the side of a patient from the street.) Response time is the most common performance measure used by the fire service because it is understood by citizens, easy to compute, and useful in the evaluation of end results. Rapid response is also an aspect of the quality of service that most citizens care about. NFPA 1710 provides generally accepted response time standards for career fire departments, though there is no single set of nationally accepted response time standards. Many communities choose to develop their own response time goals in light of what is currently achieved versus what it would take to improve them. There have been a few attempts to measure the incremental value of a minute faster response time for fires and EMS calls, but there is no definitive study of the incremental benefit. Faster is better, but it is unclear how much better in terms of dollars or lived saved. Most fire departments use the NFPA 1710 standard as a goal, not as a prescriptive requirement. Few departments are currently meeting or exceeding NFPA 1710, especially with respect to travel time (which is the hardest to improve). Palo Alto travel times are only about a minute over the NFPA 1710 recommendations, and this is likely the result of difficult traffic Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 57 ICMA System Planning Corporation Center for Public Safety Management patterns and an abundance of road blocks rather than a lack of fire stations. There are also issues with overall response times, partly because of increased travel times, but also related to questionable call processing times and poor turnout times. Data collection techniques and data reliability is also an issue as these time segments seem to be inconsistent. Measuring Response Time Since Palo Alto is a career department, NFPA 1710 is the applicable standard that is useful as a benchmark. Table 13 summarizes the response time goals established by 1710. NFPA 1710 is a guideline, not a requirement. Table 13: NFPA 1710 Response Time Goals for Career Departments Response times include the four components illustrated in Figure 15. Figure 15: Components of Total Response Time When considering response time, several caveats should be kept in mind. First, response times are subject to a variety of measurement errors and only measure one aspect of overall system performance. For example, response times are distorted when units report their arrival on scene either early or late. Second, response times are frequently not comparable across fire-rescue systems because of the differing manners in which they are calculated. Not all departments track vertical response times (that is, the time from arrival on scene to patient contact), so their total response times likely would be lower than the total response times of the few departments that do track them. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 58 ICMA System Planning Corporation Center for Public Safety Management Many fire/EMS departments report average response times while others report fractile response times. Average response times have been increasingly less used by the emergency service industry because small numbers of very short or long responses are often recorded in error. Also, one or a few long response time s(or errors) can distort the results. The public is interested in how fast a system responds to most calls, which is better reflected in fractiles rather than averages. More and more departments are adopting the 90th percentile for reporting response times (mostly due to NFPA 1710‘s use of this measure). However, meeting the 90th percentile goal is not always the most efficient means for delivering emergency services. A fractile response time of x minutes at the 90th percentile means that at least one unit responds in x minutes, 90 percent of the time. The remainder beyond the compliance fractile (10 percent in this case) is the operational tolerance for the system, meaning the system is designed with the understanding that 10 percent of the calls may have response times that exceed the target. Although it is possible to design a system that may ensure rapid response close to 100 percent of the time, it is generally not cost-effective. Most departments, including PAFD, do not record the vertical response time component. However, given the high number of areas in Palo Alto that require additional time to reach a patient (e.g. Stanford buildings, high-rise buildings, et cetera), it would be a good idea to start measuring vertical response time, especially for EMS calls. Vertical response time affects the realistic expectations for cardiac resuscitation outcomes, and should be considered in response strategy, such as deployment of AEDs, training neighbors in CPR, and deploying more units in high-rise areas. A longer interval of collapse to care time lessens the likelihood of successful resuscitation. Travel times of four minutes to a bedroom community are likely to yield different patient outcomes than to urban, high-rise communities, as ‖with patient‖ times increase the time to care and decreases the probability of successful resuscitation. Another aspect of measuring the time to be ‖with patient‖ or ‖at fire‖ is better quality oversight. For incidents such as cardiac arrest or fire showing, crews could report additional intervals such as ‖AED placed‖ or ―water flowing,‖ allowing PAFD to measure some aspects of skill quality. For AED placement times, technology and clock synchronization may be used in lieu of extra radio transmissions. Reportedly the fire department is already collecting the time until the application of an automatic external defibrillator (AED). However, the data is not routinely analyzed. Recommendation 15: Consider expanding incident benchmarks transmitted and analyzed to include activities such as primary search complete; ventilation completed; extinguishment started (complete) and begin tracking vertical response time as part of incident data collection, especially for medical calls. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 59 ICMA System Planning Corporation Center for Public Safety Management While the speed of response is not directly indicative of service quality, it does affect the number of lives saved and the value of property losses averted when an emergency occurs. This means that while arriving in three or four minutes every time does not guarantee everyone will live and there will be less damage, more people can be helped or the fire can be extinguished before it becomes severe when emergency personnel arrive in 5 minutes rather than 10 or 20. Fire spreads quickly after ignition and the faster it is found and extinguished, the better the results; similar to someone suffering from life threatening symptoms, the probability of survival increases the quicker the patient is treated. There are also real times limits as to how long one can go without breathing or when bleeding profusely. Even with general observations and response-time analyses, current statistical models cannot realistically assess nor predict the quality of fire services in terms of lives saved and property losses averted. In place of true measures of fire rescue service outcome, response time is often used as a proxy measure. According to multiple studies, extension of the fire beyond the room of origin typically begins before 6 minutes after ignition, and flashover of the room of origin occurs within 10 minutes of ignition. (Flashover is the simultaneous ignition of all flammable material in an enclosed area.) In some modern rooms with low ceiling and plastics, flashover can occur in two to four minutes, according to studies by the National Institute of Standards and Technology. Figure 16 shows the fire propagation curve, which shows the effect of time and temperature rise of a free-burning fire on the destruction of property. Figure 16: Fire Propagation Curve Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 60 ICMA System Planning Corporation Center for Public Safety Management The fire propagation curve above is based on a typical unsprinklered room. Palo Alto fire and city officials should keep in mind that the public investment in sprinkler systems may affect what are reasonable response time standards. Building design and sprinkler systems can be used to hold fires in check for longer periods of time. When an entire area is sprinklered, response times for fire incidents can be increased. However, unless a whole area is sprinklered, there are still many unsprinklered buildings that need rapid response. Later in this chapter, we discuss setting both city-wide response time and planning area response time goals. The percentage of buildings sprinklered should be considered when setting response time goals for fire incidents. Palo Alto Response Times The analysis of response times for Palo Alto included only incidents dispatched as an emergency (we eliminated service calls and BLS transports from the response time analysis). Call processing included the first-dispatched unit from each incident. Turnout, travel, and total response times included only engines, ambulances, the rescue, and the ladder truck; we did not include battalion chiefs or administrative staff in the analysis. These criteria were applied to keep the analysis in line with the standards against which times are being compared. For all time segments, 2009 data provided by the Palo Alto emergency dispatch center were analyzed. We eliminated those time segments that were more than three standard deviations from the median (outliers). Three times the standard deviation was used because if travel times had a normal probability distribution, 99.7 percent of incidents are expected to fall within three standard deviations. Anything more than three standard deviations is likely to be an error in the data or a highly unusual situation. Each response time segment is analyzed both by hour of the day and incident type. To determine the incident type, we matched up the CAD incident number with the actual incident outcome recorded in the RMS system. This means that response time to ‖fires‖ only reflects responses to actual fires, not reported fires. Call Processing – Call processing time in theory should include both call-taking and the actual dispatch of the equipment. Call-taking is the time to get information from the caller and enter it into the dispatch computer system. This is measured from the time the call is received to the time the call is transferred to a dispatcher. Dispatch time begins when the call is transferred from the call-taker to a dispatcher and continues until units are alerted to respond. The NFPA 1710 Standard recommends a 1:00 minute dispatch time. PAFD dispatch times were found to be particularly low and it is unlikely that the times we received for analysis reflect the total time that dispatch took . Although we were not able to verify the cause, it appears that the dispatch times analyzed reflected only the dispatch portion of Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 61 ICMA System Planning Corporation Center for Public Safety Management the time segment and not the time it took to handle the call and record the information from the caller. (In other words, the time should reflect call processing including dispatch.) Table 14 and Figure 17 show the call processing and dispatch times by time of day and incident type. The red line depicts the call volume by time of day. The line clearly shows the highest volume of calls peaking between 8:00am and 6:00pm, when call volume begins to decrease. Table 14: 80th Percentile Call Processing Time by Incidents Type 80th Percentile 90th Percentile Alarm 0:19 0:25 Canceled 0:24 0:32 EMS 0:20 0:27 Good Intent 0:21 0:27 Hazard 0:24 0:32 MVA 0:25 0:32 Outside Fire 0:22 0:29 Structure Fire 0:25 0:31 (all) 0:21 0:29 Figure 17: 80th Percentile Call Processing Time by Hour of the Day Turnout (or Reaction) Time – Turnout time is the second segment in total response time. It begins when personnel are alerted at the station for the emergency until the crew is aboard the apparatus and ready to respond. If data collection is accurate, it can be calculated as the difference between the en route time and the unit dispatch time. The goal for turnout is also one minute, 90 percent of the time. However, this goal is sometimes difficult to achieve for most Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 62 ICMA System Planning Corporation Center for Public Safety Management departments and a more realistic goal is one minute for daytime calls and one and one-half minutes for calls occurring during times when firefighters are not awake. Turnout times for non- emergency calls also need to be eliminated from the data set since firefighters do not react as quickly if the call is not an emergency. Even when a more realistic goal of 90 seconds for turnout is considered, the PAFD is still exceeding the goal considerably. This should be an area for concern and the reasons investigated. Table 15 and Figure 18 show the turnout times by time of day and incident type. As expected turnout times during night time hours were longer, but the difference is not as pronounced as what is found with most other fire departments. Table 15: 80th Percentile Turnout Time by Incidents Type 80th Percentile 90th Percentile Alarm 3:01 3:24 Canceled 2:44 3:10 EMS 2:28 2:55 Good Intent 2:38 3:06 Hazard 3:09 3:34 MVA 2:45 3:08 Outside Fire 3:14 3:49 Structure Fire 3:32 4:08 (all) 2:42 3:09 Figure 18: 80th Percentile Turnout Time by Hour of the Day Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 63 ICMA System Planning Corporation Center for Public Safety Management Findings of excessively long turnout times led to our having doubt as to the accuracy of the data since the turnout time for firefighters in Palo Alto significantly exceeds those found in most other communities. For this reason, the fire department should revisit the data and conduct more study of turnout. It should r disaggregate the results by fire station (and shift) to determine if there are problems at a particular station. Longer turnout times can sometimes be related to the layout of a particular fire station more so than to a particular crew, but crews also need encouragement to respond more quickly too. Fire stations in Palo Alto are not overly large, and there are no architectural layout reasons that it should take so long for personnel to don their turnout equipment and mount the unit once alerted. Ultimately, the issue of long turnout times needs to be addressed because these times can be improved more easily and with little expense than moving stations. Once the apparatus leaves the fire station, response times are more difficult to improve since the speed is related to the type of roads traveled, weather, and traffic. Recommendation 16: Revisit the analysis of turnout times and take the necessary steps to improve them where possible. Establish a performance goal for each time segment and assess them monthly. Evaluate turnout times by fire station and shift. Travel Time by Hour of the Day and Incident Type – Travel time starts when a unit begins its response from the fire station until it arrives at the scene. Travel times are a function of geography, road conditions, traffic/congestion, and the number of and location of fire stations with respect to the location of actual calls. A travel-time goal of four minutes is suggested by NFPA. Later in this section we discuss in more detail the location of fire stations and the performance of the current layout of stations. At the 80th percentile, travel times ranged from 4:30 for EMS calls to 5:22 for hazardous condition calls. These times are all higher than the NFPA 1710 recommended 4:00 travel time. As noted earlier, Palo Alto has some unique traffic patterns. There are not a lot of through- streets, many barriers are in place around Stanford that restrict travel, and quick response times through residential neighborhoods can be difficult because of the narrow streets that reduce driving speed. We expected that daytime traffic would also impact travel times, but there was little difference in travel times during different times of the day. Although PAFD should clearly continue to try and reduce the travel time to emergencies, it is not a realistic goal to reach the 4:00 NFPA goal 90 percent of the time. A better approach is to improve call processing and turnout times to compensate for slightly longer travel times. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 64 ICMA System Planning Corporation Center for Public Safety Management Table 16 and Figure 19 show the travel time for the first unit to arrive at an incident. Table 16 depicts the travel time categorized by incident type. Figure 19 show the travel time by hour of day with the call volume shown for reference. Table 16: 80th Percentile Travel Time (First Unit) by Incidents Type 80th Percentile 90th Percentile Alarm 5:10 6:19 EMS 4:30 5:23 Good Intent 4:48 5:51 Hazard 5:22 6:50 MVA 4:51 6:11 Outside Fire 5:03 5:56 Structure Fire 4:53 5:31 (all) 4:42 5:42 As can be seen in Table 16, when a goal of 80 percent is used, the response time for the first unit to arrive is one minute faster (4:42 versus 5:42) for all calls. Figure 19 shows the 80th percentile travel time by hour of the day for the first-arriving unit. Call volume for the 24-hour period is also depicted. Figure 19: 80th Percentile Travel Time (First Unit) by Hour of the Day Total Response (Reflex) Time – As discussed earlier, total response time is measured from the time the call is received by the dispatch center until a unit arrives on scene. Total response time is, for most citizens, the most important time element and the measure they use to evaluate the effectiveness of fire and EMS service. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 65 ICMA System Planning Corporation Center for Public Safety Management A review of the total response time was conducted using NFPA 1710, which recommends a six minute total response time. Again, this is based on one minute for call processing, one minute for turnout, and four minutes for travel time. PAFD is actually pretty close to this goal time at the 80th percentile level (about a minute off for most incident types), but remember that the short call processing times may be an indication that we are not looking at the total response time here; it may be necessary to add about 30 seconds to these total response times to account for a missing call taking segment. Problems with response time, when they are found, are usually with station locations, or not having enough stations to cover the area. Such is not the case in Palo Alto where it appears that a combination of long turnout times and a difficult travel environment are leading to long response times. In our judgment response time issues are not the result of station location issues, or having too few stations. Table 17 shows the total response time for the first unit to arrive at an emergency. Figure 20 shows total response time by time of day. As can be seen there is little difference in total response time between daylight and night time hours, which is unusual. Table 17: 80th Percentile Total Reflex Time (First Unit) by Incidents Type 80th Percentile 90th Percentile Alarm 7:33 8:38 EMS 6:40 7:33 Good Intent 7:11 8:09 Hazard 7:35 9:15 MVA 7:17 8:21 Outside Fire 7:09 8:09 Structure Fire 7:17 7:53 (all) 6:58 7:53 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 66 ICMA System Planning Corporation Center for Public Safety Management Figure 20: 80th Percentile Total Reflex Time (First Unit) by Hour of the Day Table 18 shows the travel time, fire department reflex time, and total response (reflex) time for each of the fire department first-due areas. Travel times are not great, but okay. Incidents in Station 2‘s first-due area have a travel time of 4:04, likely the result of more open roads with fewer traffic lights and stop signs in their area of response. Travel times for the remaining first- due areas are all in the 4:30 to 5:00 minute range with Station 3 having the longest travel time of 5:18. Station 1, 2, 4, and 5‘s first-due areas all have total response times that are within a minute of meeting NFPA 1710 at the 80th percentile level. Also included in the table are fire department reflex times (FD Reflex) which are the times from unit dispatch to unit arrival. Table 18: 80th Percentile Total Response Times by First Due Area Travel Time FD Reflex Total Reflex Station 1 4:45 6:33 6:54 Station 2 4:04 6:08 6:33 Station 3 5:18 7:25 7:50 Station 4 5:01 6:31 6:54 Station 5 4:32 6:32 6:51 Station 6 4:50 7:00 7:17 Station 7 4:46 7:19 7:35 (all) 4:46 6:43 7:03 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 67 ICMA System Planning Corporation Center for Public Safety Management Workload and Performance Measurement Another aspect of considering department efficiency and effectiveness is to analyze the workloads and performance of the various fire stations and units. For this analysis we used the National Fire Protection Association‘s (NFPA) standard 1710. As the ‖de-facto‖ standard to assess response time and deployment, NFPA 1710 is a reasonable benchmark because it was developed based on industry-accepted principles of fire development and medical outcomes. However, we are not aware of any study that validated NFPA 1710 by showing a correlation between lower response times and an equivalent reduction in fire loss. Still, the standard is a useful framework to evaluate coverage and the city should consider NFPA 1710 a useful tool. The first look at incident data showed that downtown Palo Alto had a much larger number of calls and more resources to handle the call volume. If the city-wide performance standard was to achieve a certain response time 90 percent of the time and the downtown accounted for the largest portion of calls, performance in other areas of the system could well be substandard. For this reason a higher level of analysis was needed as opposed to a smaller community where call volumes and incident types are often homogenous across the entire system. In the previous chapter, we developed planning areas based on the historical neighborhoods to conduct the risk and demand analysis. We used this approach because planning areas run along neighborhood boundaries and both risk and demand are influenced by neighborhood characteristics. Also, using planning areas helps non-fire department officials and the public better understand the results (because people are typically much more familiar with neighborhood boundaries than fire districts or first-due boundaries). The analysis of fire station and apparatus locations is based on overall deployment performance (workload, travel times, and performance reliability). Planning areas in Palo Alto are sometimes protected from several fire stations and the areas covered by individual fire stations do not match the city‘s planning area boundaries. If deployment performance was measured using planning areas, it would be difficult to attribute problems to a particular fire station. For that reason, our analysis looks at workload and deployment performance by fire stations and the first-due areas they covered. In addition to performance and travel times, we also analyzed the workload for each fire station and each unit. This determined whether particular units could handle more calls without compromising the overall performance of the area. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 68 ICMA System Planning Corporation Center for Public Safety Management Performance Goals – As part of the planning process, PAFD will have to decide the performance goals it considers right for the city overall and for each planning area. It will also need to find a reasonable response time and a reliability goal for each planning area (and each incident type). Setting performance goals by planning area is one way to do this because risk factors can be matched with travel time and reliability goals. Then, if analysis shows a problem with response times (or reliability), further analysis can be done to determine the contributing factors. Another way is to create demand zones across the city. However, the planning areas (essentially historic neighborhoods) appear to be a good framework. Ultimately, fire leaders need to understand why the desired goals are not being achieved in a particular area and the response situation for each fire station protecting that area before it makes changes to the system. As stated earlier, the NFPA 1710 response time standard is based on typical fire growth rates and patient outcomes, primarily those involving cardiac arrest. The recommended time for the first unit to arrive under the standard for both fire and EMS incidents is six minutes (four minute travel time plus two minutes for call processing and turnout time). The time is based on research showing that a structure fire begins to grow exponentially after six minutes and individuals in cardiac arrest need defibrillation within six-minutes. The problem with using standards ―carte-blanche‖ is that they are sometimes overkill for the particular situation. For example, an area with a very young population might be okay with an eight-minute medical response time since the more serious and time-sensitive EMS calls occur less frequently. Likewise, an area with a large percentage of sprinklered buildings might not require as fast of a response as those in unprotected buildings. Planning areas where a majority of structures are equipped with sprinklers, can have a lower performance goal (80 percent or even 75) applied as the acceptable goal. Appropriate performance levels are very much based on the characteristics of individual planning areas. Fire department personnel are very good at determining appropriate response time and reliability goals. For its part, PAFD should have its strategic planning team, and others within the fire department familiar with the various planning areas, recommend the response time goals for each of the city‘s planning areas. Recommendation 17: Use NFPA 1710 (and other standards) to develop performance goals, but consider each planning area on the merits of its particular situation. Assessing Deployment Performance – Assessing fire department deployment is a difficult task because of the many factors that affect performance. A simplistic way of determining fire station locations would be to use a GIS program to map out four minute Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 69 ICMA System Planning Corporation Center for Public Safety Management coverage areas to make sure there are no coverage gaps. This method focuses entirely on the location of the fire station and would work well if the fire department only answered one call at a time. The problem of this approach for a city like Palo Alto is that some stations are busier than others and concurrent calls are common, especially during weekdays. Using the performance analysis method, we determined whether response time goals were being met regardless of which fire station or unit may have responded to the call. This permitted us to consider unit workloads and whether particular fire units could handle more calls before performance was affected. Standard of Cover Evaluation – For this study we used the Center for Public Safety Excellence (CPSE) Standard of Cover process to evaluate the overall performance in Palo Alto. The premise of this assessment method is that for each analysis area, there is a trade-off between unit availability and performance. Generally speaking, as the correct unit for a particular area becomes less available (due to other calls, training, etc.), performance for that area should decrease because outside responding units from other stations have further distances to travel. For this analysis we use two metrics:  Unit Availability - the percentage of incidents where a unit from the correct station was available to handle the call and did so.  Performance Level - the percentage of incidents where the travel time was at or below (faster) than the recommended goal. In order to run this analysis, it is necessary to set a travel goal time and goal by which to measure the performance level. In most cases, we use the NFPA recommended time of 4:00, but in Palo Alto it appears that the road network makes it very difficult to achieve a 4:00 travel time. As a result we have set a 5:00 travel goal for this performance level vs. unit availability analysis. Figure 21 shows an example performance level vs. unit availability analysis. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 70 ICMA System Planning Corporation Center for Public Safety Management Figure 21: Performance Level vs. Unit Availability (Example) In the example above the dashed black line in the performance level vs. unit availability analysis marks the 80 percent performance threshold. If the dot for a particular station falls below that dashed line, response travel time performance is being affected and changes may need to be considered. In addition to showing whether performance is being achieved, the performance graph can also show workload sensitivity or fire station location problems. The slope of the line assesses workload sensitivity. A nearly horizontal line indicates that unit availability has little impact on performance levels, meaning that the area in question has low workload sensitivity. Fire stations with low workload sensitivity typically have many nearby fire stations that can cover their calls if they are unavailable. A line that slopes strongly downwards indicates that performance levels are heavily dependent on unit availability. These areas are very workload sensitive because second-due units are generally unable to achieve travel time goals when the first-due unit is unavailable. Station location problems can also be identified by this analysis. If this part of the line is under the 80 percent performance level threshold it means that, even when the correct unit responds, travel time goals are not being met 20 percent of the time. This means that the station is not well located to reach all parts of its first-due area. This problem can be fixed by relocating the station, building a new station, or (perhaps the best solution) re-evaluating first-due boundaries to make sure that the most appropriate station is responding. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 71 ICMA System Planning Corporation Center for Public Safety Management The CPSE recommends that as the actual performance level falls below 80 percent, measures should be taken to address the issue. This 80 percent level does not match up with the 90 percent compliance that NFPA 1710 recommends. However, the 90 percent reliability goal is an appropriate threshold for city-wide performance; it is a very difficult to meet this goal in every area of the city. In fact, the very low call volumes in some areas make it unrealistic that the city would want to achieve such a standard since it would be inefficient to provide enough fire stations to meet the standard all of the time. All things considered, 80 percent compliance is an appropriate goal. That means that first-due areas where less than 80 percent of calls are reached within the prescribed travel time (which we suggest should be five minutes for Palo Alto) should be considered problem areas. Palo Alto Performance Analysis – As we have already discussed, Palo Alto has a road network with lots of stop signs and barriers that makes it difficult to achieve the typical 4:00 NFPA 1710 travel time goal. Although, ultimately the travel time goal determination rests on the public officials and fire department decision makers, we have chosen to assess performance and reliability in the context of a more realistic travel time goal of five minutes. Figure 22 and Table 19 show the performance vs. reliability assuming a 5:00 travel time. Figure 22: Performance Level vs. Unit Availability for 5:00 Travel Time Goal Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 72 ICMA System Planning Corporation Center for Public Safety Management Table 19: Performance Level vs. Unit Availability for 5:00 Travel Time Goal Performance Level (all incidents) Unit Availability (all incidents) Performance Level (correct unit) Performance Level (incorrect unit) Station 1 83% 77% 85% 78% Station 2 88% 90% 90% 68% Station 3 76% 80% 81% 55% Station 4 80% 85% 85% 49% Station 5 88% 85% 90% 79% Station 6 83% 89% 86% 57% Station 7 81% 91% 81% 82% Assuming that 5:00 is the desired travel time goal for Palo Alto, Stations 5 and 2 have a fair amount of additional capacity (meaning that those stations can handle additional workload without affecting their performance level). Stations 1, 4, 6, and 7 are currently right at capacity. Station 3 appears to have a station location problem because even when unit availability is 100 percent, this station is just barely achieving an 80 percent performance level. We also note that Stations 1, 5, and 7 have fairly horizontal lines, which means that when those stations do not have a unit available, other stations are able to cover their calls within the performance standard. Stations 2, 3, 4, and 6 have a much higher negative slope as unit availability decreases. This means that other stations cannot cover calls in these areas within the performance standard if the correct unit/station is unavailable to respond. Assuming that all data provided to us is accurate, the following points can be derived from the reliability and performance analysis.  Stations 5 and 2 both have additional workload capacity.  Stations 4 and 6 are currently performing right at the 5:00 travel time goal. These two stations have a decreasing performance level as unit availability decreases. As a result, we would not want to add any additional workload to these stations and recommend that Palo Alto keep a close eye on their performance if workload does increase.  Stations 7 and 1 are currently performing right at the 5:00 travel goal time, but because their performance is not as workload sensitive, these stations could potentially handle additional workload.  Station 3 already has performance issues that need to be addressed. If substantially more calls begin to occur in Stations 3‘s area, other resources may be needed to support it. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 73 ICMA System Planning Corporation Center for Public Safety Management  Station 8 was not evaluated because the number of calls was so low. Workload Analysis – For this analysis we also looked at the call volume and workload for each fire station and unit. Workload is defined as the total time (hours) that a unit is actually engaged in providing service. EMS rescues that transport patients typically have higher workloads than do fire engines. As explained in previous section, these factors affect performance and reliability for the reason that higher workloads for one unit reduce the availability of that unit for another call such that the incident must be handled by another unit nearby. For example, a fire station with a high workload (such as Fire Station 1) might continue to meet its goals because other nearby stations can also cover the area adequately. Other areas however, (Fire Station 4) are more susceptible to workload increases because of the larger distance between stations. Table 20 shows the run totals by station and unit for 2009. All analysis in this section is based on 2009 CAD data received from the emergency dispatch center. None of the units except Medic 2 at Station 2 is over 3000 calls, which is roughly the benchmark for being ―busy‖ and starting to need relief. Table 20: Responses by Station and Unit ALS Ambulance BLS Ambulance Brush Engine Engine Rescue Truck Total BLS Ambulance 0 759 0 0 0 0 759 Station 1 1589 0 0 2021 0 0 3610 Station 2 3016 0 0 1024 1055 0 5095 Station 3 326 0 0 1312 0 0 1638 Station 4 0 0 0 1108 0 0 1108 Station 5 0 0 0 911 0 0 911 Station 6 0 0 0 1512 0 644 2156 Station 7 0 0 0 169 0 0 169 Station 8 0 0 35 0 0 0 35 We can see from this table that station 2 was the busiest with 5,095 runs followed by station 1 with 3,610 runs and station 6 with 2,156 runs. A lot of these runs are, however, ambulance runs that do not necessarily occur in that station‘s first-due area. In the following graphs and tables we show the workload (in unit hours) both with and without ambulances. We will defer discussion of the workload to the last section of this chapter where we look at all the factors affecting the different stations and make deployment recommendations. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 74 ICMA System Planning Corporation Center for Public Safety Management Figure 23: Unit Workload (Unit Hours) Table 21 shows the workload for each unit in tabular form. Table 21: Unit Workload (Unit Hours) BLS1 E1 E2 E3 E4 E5 E6 E7 E8B M1 M2 M3 R2 T6 (all) EMS 666.9 532.8 167.3 250.7 277.1 241.3 278.7 4.4 6.8 1186.8 2158.8 178.2 72.4 46.5 6068.8 Alarm 0.0 54.3 48.1 32.0 36.4 43.1 124.7 26.6 1.0 5.3 12.8 0.4 28.9 22.1 435.6 MVA 9.5 10.8 36.2 39.9 26.3 14.1 20.6 2.2 2.5 44.5 128.8 7.8 60.2 14.2 417.4 Hazard 1.3 21.4 23.9 27.6 26.4 20.5 21.3 5.3 0.0 6.2 16.1 0.4 59.0 27.5 256.9 Public Service 1.1 38.0 13.2 38.4 34.5 14.6 12.6 0.2 0.3 2.9 9.5 2.1 15.4 12.6 195.4 Canceled 1.4 19.6 12.6 20.9 10.3 7.5 14.5 5.0 1.2 9.5 17.2 1.9 19.1 11.3 152.1 Structure Fire 0.0 19.8 15.3 13.9 6.5 2.9 17.3 0.6 0.0 8.7 9.9 0.1 25.6 28.3 148.9 Good Intent 4.8 19.1 10.2 15.0 7.6 17.0 11.2 0.9 0.3 9.3 25.1 2.9 11.5 5.1 139.9 Outside Fire 0.0 11.8 9.1 8.9 16.3 10.4 16.3 1.1 5.0 1.3 3.3 0.0 8.8 8.5 100.7 (all) 685.0 727.6 335.9 447.4 441.3 371.4 517.1 46.4 17.0 1274.4 2381.4 193.8 300.9 176.1 7915.7 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 75 ICMA System Planning Corporation Center for Public Safety Management Figure 24 and Table 22 show the workload and call types for each station. Figure 24: Station Workload (Unit Hours) Table 22: Station Workload (Unit Hours) BLS ST1 ST2 ST3 ST4 ST5 ST6 ST7 ST8 (all) EMS 666.9 1719.6 2398.5 429.0 277.1 241.3 325.2 4.4 6.8 6068.8 Alarm 0.0 59.5 89.8 32.5 36.4 43.1 146.8 26.6 1.0 435.6 MVA 9.5 55.3 225.2 47.7 26.3 14.1 34.7 2.2 2.5 417.4 Hazard 1.3 27.6 99.0 27.9 26.4 20.5 48.7 5.3 0.0 256.9 Public Service 1.1 41.0 38.1 40.5 34.5 14.6 25.2 0.2 0.3 195.4 Canceled 1.4 29.0 48.8 22.8 10.3 7.5 25.8 5.0 1.2 152.1 Structure Fire 0.0 28.4 50.8 14.1 6.5 2.9 45.6 0.6 0.0 148.9 Good Intent 4.8 28.4 46.8 17.9 7.6 17.0 16.3 0.9 0.3 139.9 Outside Fire 0.0 13.2 21.1 8.9 16.3 10.4 24.8 1.1 5.0 100.7 (all) 685.0 2002.0 3018.1 641.2 441.3 371.4 693.2 46.4 17.0 7915.7 Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 76 ICMA System Planning Corporation Center for Public Safety Management Figure 25 shows the workload by station for the various call types but without the ALS rescue units included. This is important because its shows the workload for fire units (engines, ladder truck and rescue). Figure 25: Station Workload (Unit Hours) without Ambulances Assessment of Fire Station Locations In this section we present an analysis of fire station locations using Geographic Information System (GIS) software (ArcGIS 9.3). Layers of data for the analysis were provided by the city‘s planning department. IW also visited each fire station to get a feel for its location and overall condition. This allowed us to understand the location of the fire stations relative to the area protected, not just from a GIS map. Figure 26 shows the current location of Palo Alto‘s 8 fire stations. This map also shows the location of all mutual aid stations (in other jurisdictions) that may respond into Palo Alto on occasion. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 77 ICMA System Planning Corporation Center for Public Safety Management Figure 26: Current Fire Station Locations As stated at the outset of this chapter, the current configuration of fire stations provides good coverage. With the exception of the Bayshore area (golf course and airport) and the foothills, all parts of the city have a fire station with six minutes drive time and most of the city is within four minutes of a fire station. Figure 27 shows the theoretical travel time from each of the city‘s 8 fire stations. Areas in dark green can theoretically be reached in four minutes and areas in light green can be reached in six minutes. Typically we discuss any coverage gaps that are found in the theoretical drive time Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 78 ICMA System Planning Corporation Center for Public Safety Management analysis, but Palo Alto does not appear to have any major coverage gaps. The southwest corner of the Stanford Campus has a little area that is not, but this is minor issue. Figure 27: Four-and Six-Minute Travel Time Analysis Coverage Overlap – Simply showing that there is adequate coverage from all the fire stations does not take into account that more than one incident often occurs at the same time in a first due area. Some coverage overlap is good in the areas of highest demand. Figure 28 shows how many stations can reach each part of the city within four minutes. Thinking back to the plots of fire and EMS incident density in the previous section, we remember that the vast majority of emergency services demand occurs in the downtown Palo Alto area just north and west of Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 79 ICMA System Planning Corporation Center for Public Safety Management Station 1. It is this area that we would want to have coverage from multiple stations; this is, in fact, the situation. Stations 1, 3, and 6 can all reach the downtown area within 4:00 travel time. There is also an area between stations 2, 5, and 4 that have a high amount of station coverage overlap where the risk and demand level does not justify it. Figure 28: Current 4-Minute Station Overlap Below is a station-by-station review of our station location analysis and some possible deployment improvements or efficiencies. We reviewed workload, response time performance, unit/station reliability, and theoretical GIS drive times together in forming conclusions. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 80 ICMA System Planning Corporation Center for Public Safety Management Fire Station 1 – Station 1 houses Engine 1, Medic 1 and Medic 3, the busiest engine and second busiest ambulance. This is the second busiest station (first without ambulance workload) and is located in the southwest portion of the downtown area. Medic 3 is cross-staffed by Engine 1. The performance vs. workload analysis showed that this station could take on additional workload capacity, mostly because other stations (Stations 6 and 3) can still provide adequate response times into the downtown area when units from Station 1 are not available. Because the downtown area is one of the high-risk and high-demand areas, this is the type of deployment performance one would want here. At first look, this station appears to be poorly situated because of its close proximity to the city boundary. It is often preferable that a station is not this close to the city boundaries so that its response area in the city is maximized. At first glance it was believed that Station 1 would be better located slightly northeast of its current location where it would have a larger 6 minute travel reach, still be located in the high demand downtown area, and potentially eliminate the need for Station 3. The problem with this scenario is that Station 1 serves the area along Sand Hill Road to the southwest of the station that would no longer be reachable within 6 minutes if the station is moved to the northeast. There have been several large developments along this road and it is important that they have good coverage. Fire Station 2 – Station 2 houses Engine 2, Rescue 2 and Medic 2. This station is in the industrial research park Medic 2 is the busiest ambulance. The engine has an average workload compared to other engines. The rescue unit is the city‘s only unit of its type and has a very low workload. We found in the performance vs. reliability analysis that the station has additional workload capacity; both because of high-availability and the fact that there is little performance drop when units respond to its area from second-due stations (Stations 6, 5, 3, and 4). Reliability at this station is quite high because there are three units at this station. Later in the chapter we recommend merging Station 2 and Station 5. Fire Station 3 – This station houses Engine 3, the third busiest engine and least busy ambulance. The station is located in an area of high-end residential neighborhoods. The performance vs. reliability analysis showed that this station is susceptible to high workloads and is well below the travel time performance threshold. The station is fairly well inset from the city boundary (to the north) and, because most of that area is residential neighborhoods, it may be difficult to make good response times close to the border. Also, this-area is not close to any other fire stations (Palo Alto or mutual aid), so when there is not a unit available at this station, it is very difficult for other stations to make good response times into the northern and eastern portions of this first-due area. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 81 ICMA System Planning Corporation Center for Public Safety Management Recommendation 18: Take a closer look at what is causing response time performance issues in Station 3’s first-due area. Consider adjusting the first-due areas for this station to increase unit reliability. This station also provides a good backup for Station 1 but, because of its poor performance and workload sensitivity, this station should probably only back up Station 1 for structure fires, cardiac arrests, and similarly serious, time-sensitive emergencies. An ambulance should be kept at this station because it provides good response times into the high-demand downtown area and it potentially decreases the fire engines workload keeping it available more of the time (that would require only dispatching the engine on ALS calls). Fire Station 4 – This station houses Engine 4, one of the least busy engines. The performance vs. workload analysis showed response time performance right at the 80 percent threshold. Any additional workload should be closely monitored because, as reliability falls off, performance takes a hit. It is difficult for second-due units (from Station 5 and 2) to make the performance goal into this area. The ambulance should be kept at this station to keep up the reliability and PAFD should closely monitor this station for falling performance. From a coverage perspective, this station appears to be in a fairly good location for the northeast corner of Palo Alto. Recommendation 19: Consider adding Mountain View Fire Department as second-due into this area if unit-reliability falls and affects response time performance. When Station 4 does not have a unit available, the closest stations are 3, 4, and 5. We are already trying to increase Station 3 unit reliability, so we would want to avoid pulling engine 3 out of place. Station 2 and 5 would provide good second-due coverage, but if those stations are merged (as recommended later in this chapter), it will be important to keep unit reliability up for that station. It appears that both Mountain View Station 3 and Station 5 would have good response times into Palo Alto Station 4‘s first-due area. Fire Station 5 – Station 5 houses Engine 5, the least busy engine next to Engine 7. This station has low workload, high reliability and high performance and is a good candidate for consolidation. It also sits right on the Palo Alto border which is not good location for optimizing response reach. Please see the later recommendation on merging Station 2 and Station 5. Fire Station 6 – This station houses Engine 6 and Truck 6, the second busiest engine and only truck. This station has a good location on the Stanford campus and provides good response time coverage to the whole campus. This station does have some additional workload capacity, particularly because the nearby stations (Stations 1, 3, 2 and 7) are able to provide adequate response times into this area when units from Station 6 are not available. Because this area is busy, this is the type of deployment performance we would want and expect here. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 82 ICMA System Planning Corporation Center for Public Safety Management Fire Station 7 – It does not appear that Station 7 is needed in the greater Palo Alto fire department deployment scheme. This station simply fulfills its contracted role as first responder to all Stanford SLAC emergencies. Station 7 has incredibly low workload and is not in a good position to respond to anything other than as a complement unit (which it cannot really do because this station needs to be backfilled within 10 minutes. Fire Station 8 – This station also has very low workload but protects some high-value, high-risk properties. Recommendations for this station are discussed later. Possible Fire Station Mergers For this study we considered whether new stations were needed and the potential that any of the existing stations might be merged. There is no need to add a ninth station, but there is an opportunity to merge two stations. A consideration in the analyses is the railroad that runs along Alma Drive. Because the city is effectively split in two with limited streets that connect the two sides because of the rail line, it is not really feasible to merge stations on opposite sides of the tracks. Merger combinations evaluated were:  Station 3 and Station 4  Station 1 and Station 3  Station 2 and Station 5 Station 3 and Station 4 Merger – These two stations cover the largest combined first- due area and their performance is strongly affected by their workload (because other units cannot make good response times into their area when these stations are busy). Additionally, there was no single station location that could provide good 4 and 6-minute coverage to their first-due areas. We found no good merger opportunities for these two stations. Station 1 and Station 3 Merger – A single station to replace Station 1 and Station 3 does provide good coverage as shown in Figure 29. There are, however, three problems with this station merger:  The Sand Hill Road developments no longer have adequate fire department coverage from the new merged location.  There is less fire station overlap in the high-demand downtown area. This can be compensated for by having two engines at the new merged station, but then it makes little sense to merge the stations in the first place.  It may not be possible to make good response times from the merged station to areas along the northern border of Palo Alto. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 84 ICMA System Planning Corporation Center for Public Safety Management Station 2 and Station 5 Merger – The potential to merge Stations 2 and 5 has significant merit. A new merged station at the intersection of Arastradero Road and Hillview Avenue can provide a similar level of coverage as the two individual stations do at their present locations. In addition, the Foothill Expressway provides excellent access to the areas currently covered by these stations. It is also an route to access Stanford University from Campus Drive. Likewise, this location would provide excellent access to the research park (where Station 2 is currently located) and the residential areas of Station 5. Staffing of this station, which could be a combined station with a crew cross-staffing an engine and rescue is discussed later in this report. Figure 30: Station 2 and Station 5 Merger – Possible New Location Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 85 ICMA System Planning Corporation Center for Public Safety Management Recommendation 20: Merge Station 2 and Station 5 at a new location near the intersection of Arastradero Road and Hillview Avenue. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 86 ICMA System Planning Corporation Center for Public Safety Management V. ANALYSIS OF FIRE AND EMS OPERATIONS The PAFD provides service from seven stations year-round and one station on a seasonal basis. The seasonal station (8) is staffed for 90 days (July through October), which is considered the high-fire season. Palo Alto has an (ISO) Insurance Services Office rating of two, with the highest being one. This rating is a technical guide for determining insurance costs and not intended to be a guide in the design of a fire department. This is especially true for fire departments that provide emergency medical service since EMS is not considered within the rating schedule. In this section we discuss the deployment of fire department resources to the various stations throughout the city, which includes the services provided under contract to Stanford University and the Department of Energy (DOE) at the Stanford Linear Accelerator (SLAC). The results of this analysis and the deployment changes recommended by it were derived from the risk and demand analyses presented earlier, and from our professional observations on changes to improve the deployment of emergency response and the PAFD as an organization. Overview The PAFD is very traditional in its delivery system, which is to devote a majority of its effort and resources toward fire suppression even when EMS service is mostly what it does. As the incident data and analysis in previous sections show, EMS calls far outnumber fires and structure fires occur with very low frequency. As this trend will continue into the foreseeable future, a key for the PAFD (and the city) is to take the initial steps to adjust the system such that EMS resources are increased. A question posed to us for this study was: ―can the fire department use dynamic deployment and shift resources based on demand during different periods of the day, week, or even month?‖ To some degree the fire department is already using a dynamic deployment strategy, though not on a large scale. There is currently a 12 hour paramedic unit and weekday BLS service is staffed by part time by hourly employees. As discussion in earlier sections revealed, the fire department has a major problem with data collection and analysis, so opportunities to dynamically deploy resources are limited because the department does not have the capacity to analyze data to the extent necessary for system-wide dynamic deployment. Likewise, the dispatch center is not yet capable of implementing such a system, in part because it has not yet Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 87 ICMA System Planning Corporation Center for Public Safety Management implemented the Medical Priority Dispatch (MPD) software already available.8 Still, there are opportunities to make the system more efficient and use the potential savings to increase medical service. As data collection and analysis improves, the fire department can expand its efforts and make other changes. The PAFD has not changed its approach to emergency service protection in many years. The current MOU is overly restrictive in its requirements for staffing and few changes can be made until language in the contract is changed. To this extent the city may be limited in the changes it can make even when they make sense (operationally or financially). Another limitation for the city is the size of the current fire stations, which are small (and in some cases outdated) to accommodate more apparatus or personnel. Savings are possible if two stations are merged, but the city would need to construct a new station to achieve the savings. To fully understand the discussions in this chapter more fully, the following definitions are provided: Engine – An engine is used primarily to supply water at the scene of a fire. These units are staffed by three personnel, including an officer. In Palo Alto, one of the three persons on an engine is usually a paramedic, thus engines improve the medical response system by providing advanced life support (ALS) medical care even before a transport unit arrives. Type III Engine – A type III engine is a smaller version of the engine listed above. Its pumping capacity is also less than an engine and its use is primarily for brush and wildland fires and the unit is specially designed for off-road use. When staffed, the Type III engine has three personnel, including an officer. The unit in Palo Alto is only staffed during the months of July through October and only then for 12-hour periods. Rescue – A rescue unit is primarily responsible for extrication at accidents and the personnel augment the on-scene staffing at structure fires. PAFD rescue personnel are also trained and equipped to provide technical rescue and hazmat services. This unit is staffed by three personnel, including an officer. One of the individuals may also be a paramedic. Ladder – The ladder is primarily responsible for performing search, rescue, and ventilation services at a structure fire. It is also capable of performing vehicle extrication and supporting the rescue at the scene of a technical rescue incident. The fire department has only 8 For unknown reasons the MPD system has not be used. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 88 ICMA System Planning Corporation Center for Public Safety Management one ladder (Station 6). This unit is staffed by three personnel, including an officer. One of the individuals may also be a paramedic. Medic or ALS (Advanced Life Support) Unit – These terms are used interchangeably to describe a two-person medical transport unit staffed by two paramedics. The PAFD staffs two of these units now, one 24/7 the other for 12 hours/day. BLS (Basic Life Support) Unit – BLS describes a two-person medical transport unit used to provide intra-facility transports and handle non-life threatening medical calls when an ALS unit is unnecessary. This unit is staffed by two, non-safety, emergency medical technicians hired under contract. The fire department maintains a list of these individuals and schedules them as needed. Key Findings and Recommendations This study resulted in many key findings contributing to the recommendations in this chapter. Important ones include:  The demand for services in Station 8‘s area is too low to justify the cost and other options may be available  The low call volume and workload for Rescue 2 suggest that it be cross-staffed by the engine crew with the rescue staffing eliminated  Fire stations 2 and 5 can be merged as they have significant overlap not justified by current or projected demand  Minimum shift staffing can be reduced slightly and still allow the second EMS rescue to be staffed 24/7 instead of the present 12 hours  To maintain their usefulness and longevity, Stations 3 and 4 need capital upgrades  A protocol-based dispatch system methodology is needed for EMS calls such that fire units are only dispatched to high priority medical calls, not every routine medical situation  EMS can be more efficient if ALS rescues were staffed by one paramedic and one emergency medical technician (EMT) instead of two paramedics9 9 County policy allows medic units to be staffed with one paramedic and one EMT. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 89 ICMA System Planning Corporation Center for Public Safety Management  The current fire-based ALS transport and BLS system is recouping a significant portion of the total cost and the ALS system now in place should be maintained, at least for the near term  The level of service for ALS service in Palo Alto (based on response times) is better than going with the County transport provider  The fire department‘s overtime budget can be significantly reduced by eliminating fulltime staffing on the rescue As part of this study we reviewed the draft report of the County‘s emergency services conducted by the Local Agency Formation Commission of Santa Clara County (LAFCO). Studies by LAFCO are conducted every few years and they are important for Palo Alto because their focus is to improve regional efficiency. Findings reported by the study with significance to Palo Alto were:  Three of the city‘s eight stations are in poor condition; ―Stations 3 and 4 do not meet current building standards.‖  Opportunities to share facilities with other jurisdictions such as Mountain View and the Santa Clara Central Fire Protection District exist.  Opportunities to share maintenance and dispatching exist.  Opportunities for a regional service sharing by Joint-Powers Agreement (JPA) are available; potential JPA partners with Palo Alto include Mountain View, Santa Clara Central Fire Protection District, and possibly Menlo Park. A JPA with Menlo Park, though possible, would require significant effort because Menlo Park is in San Mateo County.  Stations 2 and 6 could be consolidated (Our study recommends Stations 2 and 5). The PAFD provides good service and it can handle most calls without mutual or automatic aid from other jurisdictions. Its organization, staffing, and station configuration is similar to most other department, in particular, those which provide fire-based EMS and medical transport. The downside is that the PAFD has not made significant changes to its system in many years. It has also not been aggressive enough to explore service-sharing opportunities with surrounding agencies to improve services and make them more efficient (this is a problem regionally). Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 90 ICMA System Planning Corporation Center for Public Safety Management Organization and Resources PAFD operations are commanded by a deputy fire chief. Three battalion chiefs, one on each of three shifts are responsible for commanding the fire captains at each of the city‘s seven fulltime stations. Fire and EMS response resources and staffing for the stations in Palo Alto are: Table 23: PAFD Facility Locations and Resources Station Location Bays/ Year Constructed First-Line Apparatus Minimum Staffing 1 301 Alma Street 3/ 1965 1 Engine 1 Medic Unit 1 BLS Unit 3- 24/7 2 - 12 hours/ day 2 (contract civilians) weekdays 2 2675 Hanover Street 3/ 1965 1 Engine 1Rescue 1 Medic Unit 3 – 24/7 3 – 24/7 2 - 24/7 3 799 Embarcadero 2/ 1942 1 Engine 3 – 24/7 4 3600 Middlefield Road 2/ 1954 1 Engine 3 -24/7 5 600 Arastradero Road 2/ 1962 1 Engine 3 – 24/7 6 711 Serra Street 3/ 1972 1 Engine 1 Ladder 1 Battalion Chief 1 Type III Engine 3 – 24/7 3 – 24/7 1 – 24/7 Cross Staffed by Truck 6 7 Stanford Linear Accelerator 2575 Sand Hill Road 2/ 1968 1 Engine 3 – 24/7 8 Foothills Park Page Mill Road 1/ 1986 1 Type III (Brush) Engine 3 – July through October10 Totals 7 Engines 1 Type III (Brush Engine 1 Medic Unit 24/7 1 Medic Unit 12 hours/ day 1 BLS Unit 1 Ladder 1 Rescue 1 Battalion Chief 30 – 24/7 2 – 12 hours/ day 3 – July through October 2 (contract civilians) weekdays 10 Staffed 12 hours per day on overtime Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 91 ICMA System Planning Corporation Center for Public Safety Management In addition to the above apparatus that are staffed either full or part time, PAFD also has in its inventory two reserve engines, one reserve ambulance, and several technical rescue trailers and technical support units, including a breathing air support vehicle. These units are necessary to support the fire department‘s operation and mission and are considered essential assets. Further analysis of the current delivery model is possible by looking at the level of effort provided by the various resources deployed. Table 24 shows the minimum staffing and level of effort for the various units. Table 24: Level of Effort, PAFD Units Minimum Staffing Level of Effort Hours/Year Engines 1-7 Engine 8 3 3 3 x 24 x 365 3 x 12 x 90 26,280 3,240 Ladder 6 3 3 x 24 x 365 26,280 Rescue 2 3 3 x 24 x 365 26,280 Medic 1 Medic 2 2 2 2 x 12 x 365 2 x 24 x 365 8,760 17,520 BLS1 2 2 x 8 x 5 x 52 4,160 Battalion 6 3 1 x 24 x 365 8,760 Total 34–37 - 121,280 Level of Effort – Fire 28–31 - 90,840 Level of Effort – EMS 2–6 - 30,440 The purpose of the above exercise is similar to that of a company evaluating whether its efforts are directed to the product offered and those which are being sold the most. If, for example, refrigerators are the area of highest sales, it is doubtful that a company would build (or have more sales staff) in the television department. From the table above one can see that a majority (75 percent) of the Department‘s effort is directed to fire suppression, even though medical calls occur with much more frequency than fires, especially serious structure fires. Later in this section we use this information to approximate the time spent by the fire chief and deputy chief managing the EMS system by equating their workload to the EMS level of effort. Our rationale is because these individuals would likely spend their working time in relative proportion to the resources and personnel of the various units; e.g., more personnel typically results in more personnel issues. The current MOU stipulates the number of units and personnel that must be maintained. Currently the minimum staffing is 29. The minimum staff number does not include positions to staff the 12-hour ALS unit, the shift battalion, or the BLS unit. Though we understand the concern of the union to maintain an adequate staff to maintain safety, we disagree that the total Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 92 ICMA System Planning Corporation Center for Public Safety Management minimum staff should be in the contract. For the purpose of ensuring employee safety, establishing the minimum number of personnel on an engine or ladder might be reasonable since these are related to the tasks performed, and ultimately to the safety of the personnel working. However, the city should never agree to a minimum staffing requirement that establishes the total force as this equates to establishing the level of service provided. Recommendation 21: Discontinue the practice of mandating the minimum number of personnel to be on duty within the MOU. It is reasonable to establish minimum unit staffing for the various unit types. As data collection and analysis improves, adjust on-duty staffing to reflect the demand for different times of the day/ week; also for the type and level of services required the most. Emergency Response PAFD resources are assigned to eight response districts and units are dispatched outside of their assigned district when the incident requires multiple units, or when the unit assigned to a particular district is unavailable. As depicted earlier, seven of the districts have fire units available 24/7. Station 8 is only staffed during the months of July through October. Fire suppression units are all staffed with three persons to include one captain, one equipment operator and one firefighter. Because ALS first response by fire units is provided, one of the three individuals is usually a paramedic. However, the current policy is to staff each ALS unit with two paramedics, thus there is not always enough paramedics such that every fire unit also has a paramedic. With the exception of Engine 8, which is a Type III engine designed for wildland fires, all of the other engines are designed for structural firefighting (Type I engines). The fire-based system with paramedics assigned to suppression units is a common approach throughout the region. For medical calls and transport, two ALS units are available. The city‘s primary medic, located at Station 2, is staffed 24/7. A second ALS unit located at Station 1 is also staffed by two paramedics, but only for 12 hours each day. The PAFD pays overtime to staff the ALS unit at Station 1. A third medic unit (reserve) is also available when it is not being used as a replacement vehicle for medic 1 or 2. When available, the medic at Station 1 is staffed by the engine crew during periods of high demand. The fire department maintains the right to provide medical transport service separate from the County by virtue of maintaining its Legislative 201 rights. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 93 ICMA System Planning Corporation Center for Public Safety Management Operational Changes Based on the station location and response time analysis and the workload analysis of current units, changes to the city‘s deployment model are feasible. There are limitations because some of the changes can only be made if a new station is constructed such that Stations 2 and 5 can be merged. Rescue 2 – Rescue 2 is a fully staffed unit whose primary responsibility is to perform extrications at vehicle accidents and other situations where individuals become trapped. It is also an additional resource on structure fires. At structure fires rescue personnel perform ventilation, search and rescue, and other support activities that allow the fire to be extinguished effectively. The rescue in Palo Alto is also the city‘s hazmat team and recently the unit was designated to be part of the state‘s hazmat response system. The functions performed by the rescue are important. The problem is the number of calls for rescue and hazmat services are extremely low. In particular, structure fires are infrequent as shown in the risk and demand section of this report. The bottom line is there is just not enough activity to justify an independently staffed rescue in Palo Alto. If operated on a regional basis where the cost is shared by several communities, the call volume might justify its cost as a fulltime resource. A better approach is to cross-staff the rescue with the engine co-located in the same station. To do this the on-duty crew would handle calls as they occur in what is generally called ‗handle first emergency‘. For example if a medical call occurs, the engine would respond. If the call is a structure fire in another district, the rescue would respond. Response policies would need to be revised. To make the cross-staffing approach work effectively, the cross-staffed engine/ rescue could be staffed by four personnel, not three, to include one officer, one paramedic/ firefighter, and two firefighters. Recommendation 22: Eliminate the fulltime staffing of Rescue 2 and cross-staff it. If the engine and rescue at Station 2 were cross-staffed with three personnel, the equivalent of 12 FTEs could be eliminated with an estimated savings of $1.38M. The savings would result from a decrease in overtime. If the unit were staffed with four personnel instead of three, the savings would obviously be less. There is also an opportunity to work with other departments in the county to examine the feasibility of regionalizing the services provided by the rescue. Hazmat and other functions performed by the rescue are needed elsewhere as well and the city could further save if the unit‘s cost were shared. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 94 ICMA System Planning Corporation Center for Public Safety Management Recommendation 23: Begin discussions with surrounding agencies about sharing rescue and hazardous materials response capabilities. The outcome of discussions would determine the direction of rescue services when Stations 2 and 5 are merged. It would also determine the footprint of the new station depending on the location of the rescue. Mountain View and Menlo Park are two principle agencies to include in the discussion. Staffing a Second ALS Unit – Demand for EMS far exceeds that for fire suppression, yet the resources available to handle medical calls is much less. The analysis also shows that medical calls will increase over the next ten years at a rate higher than for other calls. To improve EMS capabilities the 12 hour ALS unit should be staffed 24/7 such that the PAFD is able to handle almost the entire call volume for medical calls, especially during weekday hours when the BLS unit is also staffed. Reportedly, an unfinished EMS study by another consultant was to make a similar recommendation. The unit should continue to be located at Station 1 because it is an area of very high demand. The PAFD presently cross staffs a third ALS unit with the engine crew at Station 1 when the reserve ambulance is available for use. After the second ALS unit is staffed fulltime, a 3rd unit can continue to be cross staffed. Because fulltime ALS units would be located at Station 1 and 2, the cross-staffed unit should be located at another station. Station 7 would be a good choice for the reason that it has a low call volume and a paramedic is needed at Station 7. To place the unit at Station 7 however, requires that SLAC agree that the 20-minute rule for backfilling Station 7 be modified. Beginning January 3, 2011, the 24 hour medic van was moved to station 1 and the 12 hour medic van was moved to Station 2. Engine 2 now cross-staffs Medic 3 afternoon. This was done to alleviate the demand on Engine 1 in District 1. PAFD expressed concerns about the Station 7 proposal because without the modification, another engine would have to backfill for any response. Also, an ambulance will not fit in the station; only the engine fits which may require facility modifications. Staff felt Station 3, 4, or 5 would be better locations for the cross staffed ambulance but this would ignore the low utilization of Station 7 personnel and equipment. Recommendation 24: With the savings of cross-staffing engine and Rescue 2, staff a second medic unit 24/7 and continue ALS transport. Also, staff a third medic (weekdays and during expected high call periods) using overtime and cross staff the third medic during non-peak times. The anticipated incremental cost to maintain 24/7 staffing is $427,400.To calculate this we determined the cost to staff the unit 24/7, then subtracted the overtime to staff the unit for 12 hours/ day. Merging Stations 2 and 5 – Engines 2 and 5 both have low call volumes and work- loads. As the response time analysis shows, if the stations were to be merged response times to Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 95 ICMA System Planning Corporation Center for Public Safety Management the area would still be adequate. The general area of Miranda Avenue (Foothill Expressway) near Hillview Avenue is a good location to consider because it has excellent access across Junipero Sierra Boulevard toward Campus Drive to access Stanford University. It is also excellent to access Arastradero Road by way of the Parkway toward to the area covered now by Station 5. By merging these stations one engine company could be eliminated. The rescue, if it remains solely a city resource, should be located here along with one engine. Depending on the move made concerning Station 8, the Type III engine could also be located at this facility. Based on data we reviewed, it is estimated that the call load would be approximately 1400 emergency responses with an emergency workload of approximately 700 hours – very manageable. This would be similar to Engine 1 now, which responds to 1614 emergencies and has an emergency workload of 698 hours. Recommendation 25: Merge Fire Stations 2 and 5. A suitable location to maintain excellent coverage and improve efficiency is in the vicinity of Miranda and Hillview Avenues. Because planning for a new station would take several years, the city would be able to make small changes such as cross-staffing the engine/ rescue and staffing the second medic while it evaluates the larger question of station consolidation. Approximately 11 FTE positions could be eliminated by merging Stations 2 and 5. This would include three captains and nine firefighters, or four personnel on each of the three shifts. Based on the average salary and benefits for captains and firefighters the savings are estimated at $1.35M. Recommendation 26: When Stations 2 and 5 are merged, eliminate one engine and continue to cross-staff one engine and the rescue. As an alternative, the rescue could be independently staffed if the unit is funded by the multiple jurisdictions such that it becomes a regional resource. Station 8 – A question posed by the city for this study is whether staffing Station 8 in the west Hills district area makes sense, and what other options might exist? Fire Station 8 is located in a rural area west of the city. It is staffed with three personnel using a Type III engine that is kept at Station 5 when not being used. Station 8 is only staffed during the ‗assumed‘ high-fire season and then for only 12 hours each day from July to November. In all of 2009, Engine 8 responded to only 17 calls and the total workload for these calls was only 12 hours. The cost in overtime to staff Station 8 is $188,000. The cost to staff Station 8 was previously shared by the city of Los Altos, which paid Palo Alto $50K per year. A new station was constructed by Los Altos nearby which led to Los Altos deciding not to continue paying the cost. Although we did not analyze the location of the Los Altos station relative to the situation in Palo Alto, this is probably a ‗lost opportunity‘ to Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 96 ICMA System Planning Corporation Center for Public Safety Management improve regional efficiency. Considering the cost versus the return, questioning whether Station 8 should be staffed is justified. The problem with staffing this station is not just cost, but also logic. Assuming that a fire will occur only during the months July through the end of October makes no sense. Serious brush fires can occur any time of the year. Also, there are only about 10 high-fire days each year and the days are known by state officials because they evaluate the conditions. Another problem is that medical emergencies occur with much greater frequency than fires. If the unit is only staffed 12 hours per day over three months, is it likely the unit would be available to handle a cardiac arrest? Not if the unit is available only 12 percent of the time (1080/8760). A better and more cost efficient way might be to install infrared technology that would allow the entire wildland region to be monitored for a potential fire 24/7. Such technology is available and has been used for some time. The initial cost is unknown, but the city could probably partner with Stanford University‘s engineering department to develop the system. It would be an excellent way to improve efficiency and the project would likely be embraced by the university as a good project for engineering students. The city might also be able to involve other agencies such as the DOE, the primary tenant at SLAC. Recommendation 27: Partner with Stanford University to develop and install infrared (IR) technology in the west Hills area in lieu of staffing Station 8 only part of the year. Include residents of the west Hills area in the planning process. We also considered whether other agencies have interest in sharing Station 8 such that the cost could be reduced to the city and service level hours extended. For this we contacted Cal Fire officials to determine possible interest because they have a nearby station with two engines. Cal Fire would consider moving one of the two engines already located at the station near Skyline Boulevard south of Los Trancos Road. Options and the estimates to provide an engine at Station 8 for five months (24/7) were:  Two-person Type III engine = $205,000  Three-person Type III engine = $290,000 The cost under either option is considerably less per hour than the city currently pays. Certainly there are contractual issues with the union to consider, but is at least worthy to explore the possible options. Another option is to cross-staff the Type III engine from a new station if Stations 2 and 5 are consolidated at a new location. The recommended location for the new station would allow this to occur, albeit response times to the Hills area would be longer than for the rest of the city. Considering that few fires occur in the Hills area, the longer response time may be acceptable. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 97 ICMA System Planning Corporation Center for Public Safety Management Depending on the direction taken for cross-staffing a rescue and engine at the new station, the same crew could also cross-staff the Type III engine because the wildland fire workload would be minimal. A third possibility is to involve the current members of the CERT team and train them as an auxiliary force to staff Station 8. The city has many citizens participating in the CERT program and they are very active. This would require a contractual modification and staff expressed some concern because of the average age of CERT participants. Recommendation 28: Discontinue staffing of Station 8 using overtime on the existing schedule of 90 days and instead staff the station only during high fire days as determined by Cal Fire. Other options to consider include contracting with Cal Fire (or another agency), or developing an auxiliary from the existing CERT members. A longer-term option is to cross-staff the Type III engine (Engine 8) with personnel from Stations 2 and 5, when these stations are consolidated. Stations 3 and 4 – Stations 3 and 4 are the oldest facilities and they are in the worst shape, structure wise. Their locations are good overall and they could not be eliminated without degrading coverage. In their present condition there are few options to expand the services provided from these stations, even if the need were justified. Recommendation 29: Replace or significantly upgrade Stations 3 and 4 at or near their present location. At the same time, conduct a facilities review of all stations to include meeting earthquake resistance standards and future space needs. PAFD‘s stations are small generally, and this fact limits the deployment changes which the fire department could make, even when data suggests that it be done. Regional Opportunities – Even as the city begins to make changes with an eye to improving efficiency, it will not achieve the full potential possible without including other cities in the discussion. An example is sharing the rescue that we discussed earlier. The most appealing and potentially cost-saving initiative may be to share the cost of a fire station with Menlo Park, which has a station less than one mile from Palo Alto Station1. Certainly there are obstacles to this because Menlo Park is in San Mateo County, but it should be explored. There may be other opportunities as well with Los Altos and Mountain View. Recommendation 30: Hold discussions with Menlo Park to evaluate the possibility of sharing the cost of operating Station 1 in Palo Alto with Station 7 in Menlo Park. Discussions should also be conducted with Los Altos and Mountain View. Staffing and Overtime Analysis For this study we conducted a staffing-factor and overtime analyses. A staffing factor is the ratio of FTE positions per minimum on-duty position requirements. Because fire departments Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 98 ICMA System Planning Corporation Center for Public Safety Management are 24/7 operations, the staffing factor (multiplier) determines the level at which to staff the department based on its daily staffing requirements. For overtime the city wanted to know the ‗break-even point‘ where it makes financial sense to hire additional firefighters rather than to pay current staff overtime. Staffing Factor – To determine the PAFD staffing factor we examined leave data for all fire personnel for an entire year. The staffing factor is based on the total number of hours in a year (8,760) divided by the average number of available hours for a single firefighter. Palo Alto firefighters are paid for 2,912 hours per year, but because of holidays, vacation, sick leave, other time off, and other duties such as training, a firefighter is not really available to work all 2,912 hours. On average, each firefighter was absent an average of 405 hours during FY2009–2010. Thus, a firefighter is only available to work 2,507 hours. The staffing factor to cover one on-duty position 24x7 (8,760 hours per year) is 3.49; that is, it takes 3.49 firefighters (8,760 ÷ 2,507=3.49) for every position filled 24/7. Because the absence data is provided by position classification, we were able to determine the staffing factor for the positions of battalion chief, captain, and firefighter. The number of FTE positions necessary to staff the PAFD does not include those filled through overtime such as Medic 1 and Station 8. Table 25 shows the staffing factor based on the data we analyzed. Table 25: PAFD Staffing Factor Analyses, FY2009–2010 Position Classification Paid Hours Average Annual Hours Absent Available Hours Staffing Factor Battalion Chief 2,912 325 2,587 3.39 Captain 2,912 425 2,487 3.52 Firefighter 2,912 405 2,507 3.49 A minimum of 105 FTE position are needed to staff the current shift fire system comprising one battalion chief, seven engines, one ladder, and one rescue 24/7. The overtime budget appears much higher than it should be given that 105 FTE positions is the authorized strength for the PAFD. We suspect that the actual staffing factor is probably higher than we analyzed, possibly because not all absences are being recorded. If station personnel are assigned temporary or light duty, or to outside training and these are not included in daily absence records, the fire department could not reasonably know how many firefighters (or overtime) are needed for its situation. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 99 ICMA System Planning Corporation Center for Public Safety Management To determine the staffing necessary for the changes we recommend in this study, leave data provided by the Department and our calculation of the staffing factor were used. Leave data used in the analysis is provided in Appendix B. Overtime Analysis – Some overtime will always be incurred because of daily staffing fluctuations that require more firefighters to be off above the norm. Overtime often costs less than carrying more firefighters—the cost of overtime may be less per hour worked if benefits are considered. The tipping point depends on whether the overtime is earned by experienced higher paid firefighters vs. full time entry level firefighters. The results of the analysis below will probably be surprising to those who hold the widespread belief that overtime significantly drives up costs. In fact if you don‘t spend enough on overtime, and have extra full time firefighters above the number needed each day, it cost more, not less. According to the Department, 36 positions per platoon are available when each shift is fully staffed. However, because of temporary assignments, disability, and vacancies it is unusual that all 36 positions are actually filled. In addition, the labor agreement provides that a maximum of four positions can be scheduled for vacation each day. As a result there are days when only 32 persons are on duty even if the shift is at full staff. This leaves only two positions above the minimum needed to fill the 30 on-duty minimum slots. If there are other absences, or if the shift is understaffed, overtime will be required. To determine how often overtime is used to maintain the minimum on-duty staffing, an analysis of overtime use was performed for FY 09-10. The Department provided a data file that specifically identified the overtime used for the on-duty minimum staffing. The analysis involved identifying the overtime hours needed each day to fill the on-duty minimum requirement. Overtime for Medic 1 and Station 8 was not included in the analysis because of the limited and part time nature of these services. Table 26 shows the number of overtime shifts and the number of days that those shifts occurred. Table 26: Distribution of Overtime Shifts, July 2009 to June 2010 Number of 24 Hour Overtime Shifts per Day Number of Days Percent of Total Days 0 13 4% 1 30 8% 2 41 11% 3 63 17% 4 68 19% Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 100 ICMA System Planning Corporation Center for Public Safety Management 5 58 16% 6 43 12% 7 30 8% >7 19 5% Total 365 100% In 2009, $4.0M was required for overtime (Appendix C). A key financial question is whether there is a cost benefit to hire additional personnel staff instead of paying overtime. To determine this various scenarios were tested. Regardless of the scenario tested, hiring additional firefighters did not always save more overtime than what it cost to pay the firefighters. The reason that hiring more firefighters is not cost beneficial is that the total salary and benefits cost is slightly higher per hour than the overtime costs. The number of hours worked and the 54% benefit costs significantly raise the cost of a new hire compared to using overtime, which adds only 50% to the hourly salary cost and only an incremental 1.8% in benefits. Based on the salary and benefits costs of a new firefighter and the number of hours that would be available compared to the cost of overtime to fill those same available hours, it is generally more cost beneficial to use overtime. If new firefighters are being hired all the time, such a hiring strategy might produce some savings. However, as firefighters progress to higher pay grades each year the cost benefit of the overtime advantage decreases as the firefighters‘ salary increases. As years go by, any initial savings differential begins to disappear. Figure 31, shows the total costs of one firefighter available per day at different pay levels compared to the cost of the overtime at step 5 based on the number of overtime hours. When new firefighters are hired (Assumes that the staffing factor is at 3.5), there is a point (8,368 hours) when hiring new firefighters is slightly less expensive than paying overtime. However, as this group of firefighters remains with the Department, the cost of this group at salary steps 3 and 5 is always higher than the cost of overtime, and as a result there is no breakeven point. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 101 ICMA System Planning Corporation Center for Public Safety Management Figure 31: Hiring and Overtime Cost Comparison Although the above analysis suggests that overtime saves money compared to hiring additional firefighters, the analysis does not account for the impact on morale and fatigue if the existing firefighters must continually work overtime because of staff shortages. Thus, the fire department must also balance the cost of overtime with the reality of overtime on firefighters and its operation. Also, for a major emergency requiring a surge of personnel on duty, the bodies will not be there if overtime has been totally depended on for staffing. Emergency Medical Services As it stands the PAFD is delivering very good medical service, probably better than citizens could expect if services were contracted. The system, as we shall see later, is recouping some of the cost for ALS transport and the full cost of the BLS transport system with part time personnel is being recouped. There is a need to increase medical response capabilities to meet current and expected demand. The additional resources can be implemented at no additional cost if the fire department eliminates the dedicated staffing on its rescue as we recommend. EMS Delivery Model and Cost Analysis – The fire department uses a three-tiered system to handle medical calls. The primary response is by engine companies who are the first responders. The second tier is the ALS transport service, which is provided by two paramedics. The third, and essential tier, is the BLS transport unit that is staffed by civilian Emergency Medical Technicians (EMTs) during weekdays. $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 6, 0 0 0 6, 1 0 0 6, 2 0 0 6, 3 0 0 6, 4 0 0 6, 5 0 0 6, 6 0 0 6, 7 0 0 6, 8 0 0 6, 9 0 0 7, 0 0 0 7, 1 0 0 7, 2 0 0 7, 3 0 0 7, 4 0 0 7, 5 0 0 7, 6 0 0 7, 7 0 0 7, 8 0 0 7, 9 0 0 8, 0 0 0 8, 1 0 0 8, 2 0 0 8, 3 0 0 8, 4 0 0 8, 5 0 0 8, 6 0 0 8, 7 0 0 8, 7 6 0 An n u a l C o s t Annual Hours Add new 24/7 FF EMT Step 1 position above 8,368 annual OT hrs OT Breakeven Point FF EMT Step 1 FF EMT Step 3 FF EMT Step 5 Overtime Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 102 ICMA System Planning Corporation Center for Public Safety Management EMS generates approximately $2.1M annually and response times by city medic units is much better than the 12-minue goal for American Medical response (AMR) required by the County. A change to AMR as the transport provider would likely raise concerns among the public as an unacceptable service-level reduction. It should be noted that Santa Clara County has entered into a new vendor contract for ALS transport services with Rural Metro beginning July 1, 2011. Although the model used by the PAFD is generally a good one, there are problems. First, there is not enough management oversight for the program and the current EMS coordinator is overwhelmed trying to keep up with the workload, especially training and the Continuous Quality Improvement (CQI) program. There are also issues with how calls are dispatched and handled because current policy requires sending a fire unit and an ALS rescue on every medical call, regardless of how minor. Additional ALS transport capabilities are needed, but if the dispatch protocols are not changed, adding another fulltime ALS unit might not be enough. And though not a critical problem, it is our opinion that shift battalion chiefs should be required to have (and maintain) ALS certifications, for the reason that the PAFD‘s main effort is toward medical response, not fire suppression. First Response: A primary reason for fire departments to begin delivering medical response services is their emergency units were deployed in smaller response districts, therefore arrived at emergencies more quickly than centrally located ambulance services not able to meet recommended response standards. Most national medical standards seek a staged system with the minimum standard being that BLS first-response arrival within four minutes and ALS within eight minutes, 90 percent of the time. Many communities do not meet this goal but Palo Alto does, in most cases. California Health and Safety Code Section 1797.201 (referred to as 201 rights) allows cities, that provided care prior to June 1, 1980, to continue and retain administration of pre- hospital care services, however the County Health Officer maintains control of medical standards. Palo Alto is one such City, providing both ALS and BLS transport. The fire department generally has enough paramedics to staff its units, however, there are issues with maintaining the necessary paramedics for all fire units to be ALS staffed all of the time. Cities, including Palo Alto, question the necessity of sending a 20-30 ton fire engine or ladder truck to medical emergency. Smaller units would be more efficient and less costly than fire engines, but additional staffing would most likely be necessary or the smaller units would have to be cross staffed. Some agencies are migrating to a cross-staffing model based on the fact Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 103 ICMA System Planning Corporation Center for Public Safety Management 60 percent or more of their calls are medical in nature, therefore the risk of increased response time due to concurrent fire related emergencies is small and the change is justified. For Palo Alto, which has a real need to improve its data collection and analyses system before it can become more sophisticated in its deployment strategies; the current fire-based ALS first response system where first-line units respond with paramedics and medic units provide the transport is a good approach. As the fire department becomes more effective with analyses, and the organization begins to make other changes, then cross-staffing of light-duty response units can be explored. The facilities issue of fire stations that are already too small must also be addressed such that small response units could be added to stations, in addition to the fire units there already. Management of EMS: Oversight of the EMS program is provided by the deputy chief (operations) with day-to-day coordination by a civilian coordinator. Clearly, the three-tiered EMS system in Palo Alto is complex and there is a need to add additional oversight with the current coordinator, who is not uniformed, providing program support. A major concern of the current system is that the coordinator, as a civilian, is unable to respond to emergencies, or participate as a member of the incident command team. Given that a major emergency in Palo Alto could well be a mass-casualty incident, the lead person for EMS should be a battalion chief. Recommendation 31: Maintain the current fire-based EMS first response system and add a battalion chief to manage its operation. The organizational structure we recommended in Chapter II combines the responsibilities for training and EMS under a single battalion chief. There is also a problem with the current dispatch protocols that require a fire unit to be dispatched on every medical call, even minor ones. The fire department‘s policy is also to send an ALS unit to every medical call even when the BLS unit is available. These are unusual policies that make little sense when efficiency is important, especially during busy periods. It was also explained that emergency dispatchers do not use the Priority Medical Dispatching (PMD) software that is already installed in the CAD program. Properly used, PMD with pre- arrival instructions can and does save lives. It also aids in making certain that the right resources are dispatched. Recommendation 32: Develop a protocol based dispatch system methodology for EMS calls such that fire units are only dispatched to high priority medical calls, not every routine medical situation. Also, implement the medical priority dispatching system already available in the CAD software. Making these changes will lessen demand on the total system, particularly during peak periods, and it will improve system efficiency. Revenue and Cost Analysis: A question for this study was whether the cost to deliver EMS transport by the fire department is fully recovered through the fees charged to patients. The Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 104 ICMA System Planning Corporation Center for Public Safety Management PAFD does not specifically budget for its ALS ambulance service but does have a separate budget for its BLS ambulance service. To estimate the salary and benefits costs for the two paramedics that staff Medic 2 (24/7), we used the firefighter staffing factor and the salary and benefit costs for a paramedic at $164,463. For two on-duty positions, at least seven paramedic staff are needed to provide the staffing, and the salary and benefits cost for the seven paramedics is $1,151,241. In addition we added the overtime costs already budgeted in the Advanced Emergency Medical-Paramedic cost center. The FY 09-10 costs from the rest of the Advanced Emergency Medical-Paramedic cost center were used, which also included vehicle replacement costs of $31,070 and vehicle maintenance costs of $66,057. The current Advanced Emergency Medical-Paramedic cost center has salary and benefits for portions of various positions, such as a Battalion Chief, EMS Coordinator, Firefighter Paramedics, Fire Apparatus Operators, Firefighters, Operator Paramedics, a Deputy Fire Chief, and Administrative Associate IIs. Because the specific costs were not identified, none of these other costs were included. However, a position like the EMS Coordinator would increase costs if these costs were fully accounted within the ALS budget. Table 27 shows the revenues for both ambulance programs and the combined estimated costs just to provide the services. The costs do not include portions of salaries and benefits from other positions that provide indirect support to the programs or costs associated with departmental overhead and other costs. The costs just to provide the ambulance services are slightly less than the revenue by $42,650. Table 27: Estimated Cost of Service and Cost Recovery, Palo Alto EMS Revenues ALS Fees $1,986,026 BLS Fees $234,489 Total Revenues $2,220,515 Expenditures BLS Ambulance Program $91,864 Medic 1 Overtime $427,392 Medic 2 Salaries & Benefits 1,231,807 Other advanced emergency medical-paramedic costs $426,802 Other staffing costs Unknown Total Expenditures $2,177,865 Difference $42,650 If the cost to manage the EMS program, including oversight by the EMS Coordinator, is included, the costs become greater than the revenues. The EMS Coordinator spends 100 percent Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 105 ICMA System Planning Corporation Center for Public Safety Management of her time coordinating EMS programs. We also added portions of the fire chief and deputy chief salaries from the apportionment of the levels of service earlier in this section. The additional cost can be calculated as follows: Full cost of EMS Coordinator/ benefits = $161,652 Partial cost (25 percent) of Fire Chief/ benefits = $67,075 Partial cost (25 percent) of Deputy Fire Chief/ benefits = $59,179 Total additional cost = $287,906 The cost for just these salaries (and benefits) increases the total cost, and as a result, the costs are greater than the fee revenues by $245,256. Even if the unrecovered cost was to be slightly higher than $245,000, it is likely that citizens because of other factors would opt for the ALS transport provided by the PAFD over the longer response times achieved by AMR. Additional revenue can be generated if a second ALS transport unit is staffed 24/7 instead of the current 12 hours.11 However, additional staffing costs would also be incurred, and the increase in revenue might not offset the additional costs. To calculate the total cost for EMS transport more precisely, the fire department should also include such things as utility costs for the space used at the various stations, administrative overhead, and other indirect expenses. An analysis of this level is beyond the scope of this project. Our review also found a critical need to improve the accounting system for ALS and use a similar enterprise accounting system for ALS that is now used for BLS. Reportedly, expenditures and revenues can be tracked using the Advanced Emergency Medical-Paramedic cost center. In this way all costs, including portions of the salary and benefits for management staff as we estimated earlier can be factored in. EMS Fees and Collection Rates: The City has a variety of fees that it charges for transporting patients via the City‘s ALS and BLS ambulances. The fees range from a single BLS transport at $450 to an ALS II transport at $1,595. Other EMS charges involve mileage, special event standby, scheduled BLS transports, night transports, and oxygen. Appendix D shows the City‘s transport fee schedule. Although the City has a set fee schedule, the collection rate for the fees charged averaged only about 53% in FY 09-10. Based on information provided by the City‘s billing and collection 11 It is estimated that a minimum of 500 transports per year would be achieved if the second ALS were staffed fulltime. Assuming the current mix of ALS and BLS transports, the estimated revenue from these additional transports is $352,500. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 106 ICMA System Planning Corporation Center for Public Safety Management vendor, the City charges totaled $4,042,274, but the collections only totaled $2,146,333. The average payment was $705. The amount collected primarily depends on the type of insurance. For example Medicaid and Medicare patients had collection rates of 10% and 35%, respectively, while patients with auto insurance, Kaiser, or private insurance had collection rates of 92%, 67%, and 78%, respectively. The City‘s ability to generate revenue from EMS transports is based on the mix of patients and their insurance coverage. In FY 09-10 45% of the patients were on Medicaid and Medicare, while another 47% paid with auto insurance, Kaiser, or private insurance. Often the transport fee covered by insurers is limited or has a maximum amount, and such limitations can affect the City‘s ability to collect additional revenue when it raises its fees. What is not covered by insurance must then be paid by the patient or written off depending on the City‘s collection policies regarding these types of fees. As previously discussed, when fee revenues do not cover the costs of EMS and the related transport services, the City provides the funding to help offset the costs of the ALS and BLS ambulance program. In the future, insurance, demographic, and personal economic changes might play an important role in the City‘s ability to maintain and generate additional transport revenues. EMS Transport Options: If, when a thorough cost accounting is completed, revenue does not justify transport by the fire department, the city can consider other options. It could contract for transport to a private firm under a franchise format. Or, it may be able to establish a separate contract with AMR under the County agreement with higher service-level standards to include dedicated transport units for the city to provide faster response times than required by the County. These and other options and a full review of the entire EMS operation were to be addressed in a study by another consultant; however, the study was never completed. To explore these opportunities and fully review the operation of EMS such a study should be completed. Recommendation 33: For the present time, maintain the EMS transport system provided by the fire department. An estimated 85 percent of the cost for EMS transport is being recovered by ALS and BLS fees. Recommendation 34: Conduct a thorough analysis of the EMS operation, including transport options. There will be limitations to what the city can do because EMS policies are directed under the authority of the County Health Officer, and thus a full review is needed. Recommendation 35: Following a full EMS review, decide whether to replace the current fleet of ambulances, or consider giving the ambulance fleet to the vendor if services are contracted. If the city continues to provide transport, replace the ambulances beginning with the unit having the highest maintenance costs. Another need is to add a paramedic to the engine already located at SLAC such that one of the three personnel on the engine is always a paramedic. Personnel at SLAC have concerns Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 107 ICMA System Planning Corporation Center for Public Safety Management that a paramedic is not available on the engine when the most serious hazard at SLAC is a potential electrocution due to the high-voltage used. Even minor electrical shocks cause arrhythmias that quickly cause cardiac arrest. If addressed quickly, the arrhythmia can be treated by a paramedic. Recommendation 36: Assign a paramedic to Station 7 such that Engine 7 can be operated as a paramedic first-response engine. Immediate and Long-Term Changes Based on our analysis, if the entire slate of changes were implemented the following would approximate the department‘s station and staffing under a new model. These are based on the staffing analysis and the ability to eliminate much of the current overtime. Table 28: Deployment Changes – Immediate Opportunities Station Units Battalion Chief Captain Lieutenant Firefighter/ Paramedic Firefighter Total 1 1 Engine 1 ALS 1 2 3 3 6 12 3 2 1 Engine 1 Rescue 1 ALS 1 2 3 3 6 12 3 3 1 Engine 1 ALS (Peak) 1 2 3 6 12 4 1 Engine 1 2 3 6 12 5 1 Engine 1 Type III 1 2 3 6 12 6 1 Engine 1 Ladder 1 BC 3 1 1 2 2 3 6 9 12 12 7 1 Engine 1 2 3 6 12 8 Eliminated Totals 1 BC 7 Engines 1 Ladder 1 Rescue 2 ALS Units (24/7) 1 ALS Unit (Peak) 3 8 16 27 51 105 On-duty 24/7= 26 On-duty (peak) = 28 The anticipated savings if the immediate changes are implemented are estimated at $1.57M. These include cross-staffing the rescue and engine at Station 2 and eliminating the Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 108 ICMA System Planning Corporation Center for Public Safety Management overtime for Station 8. The savings would be somewhat offset by the additional expense of $425,000 necessary to staff a second medic unit 24/7 instead of 12 hours per day. There would also be some additional overtime to staff a third medic unit during peak- demand hours. We estimate this to be about eight hours each weekday, though some of time may be during major athletic events at the University. There are also potential savings if, as we recommend, two of the three officers assigned to each station are lieutenants instead of captains. Each position changed from captain to lieutenant would save approximately 10 percent of the salary and benefits of a current captain. Table 29: Deployment Changes – Long-Term Opportunities (Stations 2 and 5 Merged) Station Units Battalion Chief Captain Lieutenant Firefighter/ Paramedic Firefighter Total 1 1 Engine 1 Medic Unit 1 2 3 3 6 12 3 2 1 Engine 1 Rescue 1 Medic Unit 1 Type III 1 2 3 3 6 12 3 3 1 Engine 1 ALS (Peak) 1 2 3 6 12 4 1 Engine 1 2 3 6 12 5 Eliminated 6 1 Engine 1 Ladder 1 BC 3 1 1 2 2 3 6 9 12 12 7 1 Engine 1 2 3 6 12 8 Eliminated Total 1 BC 6 Engines 1 Ladder 1 Rescue 2 ALS Units (24/7) 1 ALS Unit (Peak) 3 7 14 24 45 93 On-duty 24/7 = 23 On-duty (peak) = 25 Further savings would result if Stations 2 and 5 are merged. The anticipated savings of reducing the minimum staffing to 23 personnel on-duty instead of 26 under the first model is approximately $1.35M. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 109 ICMA System Planning Corporation Center for Public Safety Management VI. FIRE PREVENTION, TRAINING, AND 9-1-1 DISATCH This chapter discusses the delivery fire prevention and code enforcement, which are so important to risk management. Training and the 9-1-1 dispatch system are also presented. Fire Prevention Given the city is built out and population growth will be minimal, the fire department does not need to add resources in the next few years, especially if prevention activities are maintained at a high level. To maintain excellent fire safety and to keep from having to add firefighters as the city‘s building stock gets older, the city should continue its efforts to increase the number of buildings that are sprinklered. There is also a need for firefighters to be more active in prevention activities, not just available after a fire starts. The work of this division is critical to the mission of the fire department. Staffing – Fire prevention is currently managed by an acting fire marshal (fire captain). Primary responsibilities include plan checks, new construction inspection, consulting with developers and builders, building permit inspections, and inspections mandated by the State of California Fire Marshal. It is also responsible for coordinating the inspections conducted by fire engine companies. Assistance with plan checking is obtained using a former assistant fire marshal at an hourly rate. Prevention staffing also includes three fire inspectors, two hazardous materials inspectors and one administrative associate II. One fire inspector position was eliminated during a recent budget reduction. This division is also responsible for improving training and data management systems and improving the Geographic Information Systems (GIS). However, these activities were put on hold because of limited staffing. Because it has limited staff, plan checks are sometimes referred to contract employees. This division is also responsible for specialized hazardous materials inspections in approximately 400 occupancies and is responsible to implement the recently adopted wildland urban interface management plan (Foothills Fire Management Plan) adopted October 2009 by the City in which inspectors place emphasis on inspections, enforcement and public education in wildland urban interface areas for fuel modification and evacuation planning. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 110 ICMA System Planning Corporation Center for Public Safety Management Clearly, the prevention division has a very high workload and is very important to the department‘s mission. For these reasons it is imperative that the city fill the fire marshal position as soon as possible. To expand the potential list of qualified candidates, the city should consider civilianizing the position, which in fact, the just retired fire chief was interested in doing. Recommendation 37: Fill the vacant fire marshal position. The position does not need to be a uniformed position. In fact, by hiring a civilian fire marshal, a broader applicant pool can be achieved. Another consideration is to share the fire marshal position with adjacent communities to reduce cost and improve efficiency. Fire inspectors are currently sworn uniformed employees and are permitted to work overtime at fire stations, though not on their regularly assigned work day during the week. In our opinion allowing inspectors to work overtime is not a good practice for the reason that it detracts from their primary responsibilities. Fire management counters that it is a good policy because the inspectors bring with them their expertise when they work overtime at the station. Management also believes it helps inspectors to keep their firefighting and EMS skills up-to-date. It is questionable whether inspectors working a few shifts per year would keep their skills current when this is already a problem for other firefighters who work shift work. The department has considered civilian inspectors but has not acted to incorporate them into the department. The city should consider doing this when openings develop. Also, if police and fire are ultimately merged into a hybrid public safety department, it could consider merging all of the city‘s code enforcement activities under one division. Alexandria, VA, which we also studied, has had such a system for some time and it is working effectively. Another option to consider is to merge all city code enforcement and inspection personnel under one department. Recommendation 38: Transition the prevention division to non-firefighter personnel. As previously mentioned in this report there are a significant number of buildings, residential and commercial, that are not protected with full extinguishing systems. This makes it all the more important to have an adequate prevention program to help control loss in a more predictable manner and also the cost of emergency response. We analyzed the staffing needs of the fire prevention division, which is having difficulty keeping up with its workload. Because of its lean staff, current policy is for station personnel to perform many of the state-mandated inspections. However, these inspections are not up to date. Station personnel are also to conduct inspections of assisted living occupancies and these are reportedly not up-to-date either. Reportedly, there are approximately 800-1,000 plan checks performed each year, many of them for routine building modifications, though some are complex plans for large buildings. Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 111 ICMA System Planning Corporation Center for Public Safety Management Recommendation 39: Improve the effectiveness of prevention and incorporate a mandatory program for station personnel to conduct detailed pre-emergency planning on all significant risks. A portion of every shift (even evenings and weekends) should be dedicated to prevention and public education activities. Productivity: The inspection division does not track the time spent on each inspection, thus there is no way to evaluate whether inspections are being conducted efficiently. Future plans should include input to a RMS such that all inspections are tracked from beginning to end. Time entries should also be recorded for all plan reviews and professional consultation. We think the approach taken by Philadelphia to monitor productivity of the line firefighters in prevention is particularly effective and a ―best practice‖ Their chief requires each fire unit to report what it has done in prevention each month. If little, he asks why. Palo Alto might do the same. Inspection Fees: Fees are charged for some inspections but the fee schedule has not been updated in several years. The FM believes there should be fees for all services. One possibility is to implement a business model for the code enforcement division such that the entire cost of the operation is paid for by fees. A best-practice organization doing just this is Saint Paul, MN, a department that we studied several years ago. At the time of this study the city‘s fire marshal believes that it is covering about 75 percent of its operational costs, though he is not sure and data is not be analyzed. Recommendation 40: Have the fire marshal conduct a complete review of the entire fire prevention division, including its goals, workload, and inspection frequencies. Include a review of the inspections conducted by engine companies with a goal to increase the contribution of on-duty personnel toward prevention and code enforcement. At the same time review the fee structure for various services with a future goal of covering the cost of all services through collected fees. As the fire department increases its productivity in prevention overall, one area of need is to improve the inspection and mitigation of ‗defensible space‘ hazards in the west Hills area of the city. Such enforcement can easily be accomplished by on-duty firefighters and it reduces the already low fire risk for the area covered by Station 8. Recommendation 41: Improvement enforcement efforts of ‘defensible space’ in the west Hills area. Public Education: The PAFD does too little in public safety education with a bike safety program (generally a police department function), school visitations and other ‗show and tell‘ programs. Reportedly the bike safety program is conducted by firefighters while on overtime, which is unusual. There is also a poster contest for K-3 and the fire department reported that it Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 112 ICMA System Planning Corporation Center for Public Safety Management did 329 public presentations of one sort or another in 2009. Overall, the fire department‘s formal public education program with target-audience programs falls short. For a city of its size, Palo Alto should have at least one fulltime public educator on its prevention staff. By doing so, the city and its residents could save by further reducing fire loss. Good public education programs also reduce unnecessary alarms, which in turn improves the efficiency of the response system. The individual responsible for public education should be a civilian, preferably with a professional background in education. We encourage the city to look at Rome/ Floyd County, GA as a community with a first-rate program. Rome/ Floyd County‘s program has been in existence for over 20 years and is exceptional. In addition to providing education and fire safety training, its public educators along with the county have tracked the retention rate of students from K-12. All schools are required to present the programs, which are developed by the fire department‘s public education specialist. Recommendation 42: Add a public fire educator to the code enforcement division. Other considerations to improve prevention and risk reduction efforts going forward include:  Evaluate all high-risk structures not protected by automatic extinguishing systems and prepare recommended ordinances to retrofit these buildings. Particular attention should be placed on buildings four or more stories in height. Try to implement the required retrofits over the next three to seven years.  Establish and monitor a data base of inspections and repairs by private contractors to fire protection systems by structure by occupancy, time and date.  Conduct public education seminars about the potential problems with ionization detectors and the differences between ionization and photo-electric smoke alarms. Training Training for PAFD personnel is a real problem area and it is one area that needs to be addressed as quickly as possible. The key issue for training is that there is only one training officer and his plate is full trying to address the entire training needs of the organization and be the principal training planner simultaneously. A one person training staff can work in a small organization where fire suppression is the only service provided. It is not effective though for Palo Alto, which has a need to provide EMS continuing education and training for special services such as technical rescue and hazmat. The training facility is also outdated and should be replaced, preferably with a modern, regional facility. To its credit the fire department is doing the Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 113 ICMA System Planning Corporation Center for Public Safety Management best it can with the resources available. For example, fire personnel recently constructed have constructed a roof prop to train personnel in proper ventilation techniques. PAFD training is coordinated by a captain. Half of the captain‘s salary is paid by the city‘s utility department for the reason that the fire department is responsible to provide confined-space training to utility employees. In addition to this responsibility the training captain is also responsible for EMS training, wildland fire training, as well as other tasks such as self- contained breathing apparatus (SCBA) fit testing, which is required. Much of the training coordinated by the captain is mandated by federal and state regulations such as CALOSHA. Key findings related to training are:  A major concern of the union is the training. It believes that training is not of sufficient quantity or quality.  Hands-on training is insufficient to maintain skills. Hands-on training called ‗Friday fires‘ were previously conducted; however the training center is no longer able to support such training because it is outdated. Weekday training is also a problem because demand is highest during this period.  FFs may not be getting enough exposure to structural firefighting, in particular the use of SCBA during hazardous interior operations, search and rescue, etc. Clearly, they are not getting actual experience because there are few structure fires. To compensate for experience, the PAFD must increase its commitment to live-fire training, possibly by hiring instructors on overtime.  Sunnyvale is the closest department with a live fire-training simulator and Palo Alto uses this facility infrequently. There are few buildings in Palo Alto available for a live-fire exercise.  The PAFD does not use its 24-hour schedule to maximum efficiency, which could improve training availability. For example training is typically not conducted during evenings or on weekends. The Department must change its culture such that training (and other activities are conducted during evening and weekends, not just weekdays.  The truck company at Station 6 is used as the ‗training company‘ and its crew supports the training officer. This is an excellent concept and one that has been used successfully in other departments (Cincinnati). Though excellent, this approach does not always achieve the best results because the shifts change each day, thus there is a loss in continuity.  The recruit training program that is coordinated with other departments in the county is an excellent approach. New recruit complete one week of introduction at the PAFD Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 114 ICMA System Planning Corporation Center for Public Safety Management then join recruits from other fire departments for 12 weeks of job-related training. They then return to PAFD for additional training specially targeted to PAFD operations.  The training calendar currently used is insufficient as a planning tool. There is a need to understand the level of effort needed for training. The training division does not know the total hours of instruction necessary for the various training needs. Without such an analysis it cannot prepare a training plan, or prepare an annual budget to include part-time instructors on overtime. Recommendations to improve the fire department‘s training effort are: Recommendation 43: Add a battalion chief to plan and coordinate the training program and maintain the current training captain as the day-to-day trainer. The battalion chief will also provide management oversight for EMS with the EMS Coordinator reporting to the battalion chief. Recommendation 44: Have the battalion chief and training captain conduct a complete audit of all training needs and prepare a multi-year plan for training. Use the plan to develop the annual training plan which should include training priorities, assignments, and overtime for adjunct instructors when needed. Recommendation 45: Implement a formal program for career and professional development, including specific requirements for promotion to all officer ranks. Include educational requirements and attendance to National Fire Academy, such as the Executive Fire Officer Program (EFOP) as part of the requirements. Recommendation 46: Work with other fire departments (and the county) to regionalize the city’s fire and EMS training program. Establish a planning group consisting of city and regional officials to plan for the replacement of the city’s outdated fire training facility. The city should not build its own facility, but partner with multiple agencies to provide an adequate facility. Recommendation 47: Improve productivity of the training program by conducting more training during evenings and weekends. As part of this effort, establish specific training goals for each shift battalion chief and captain. 9-1-1 Dispatch A review of the city‘s 9-1-1 dispatch center was not part of this study. Because 9-1-1 dispatch is so important to the efficacy of the fire and EMS response system, we do include a brief discussion of it. Palo Alto has combined police-fire dispatching system managed by the police department. Before being under the police department, 9-1-1 dispatching was a joint operation with the city of Mountain View. In the 1980‘s the city removed itself from the partnership in part because it wanted more local control. This is an unusual move inasmuch as most communities Fire Services Utilization and Resources Study Palo Alto Fire Department, CA FINAL REPORT TriData Division, 115 ICMA System Planning Corporation Center for Public Safety Management were beginning to regionalize emergency dispatch systems even in the 1980s as CAD systems became more prevalent. The future for the city should be a return to a regional dispatch center, if only for departments in North County. The combined fire and police dispatch center handles roughly 150,000 incoming calls each year. The center has four positions: two police dispatchers; two fire dispatchers; one call- taker. Fire units operate on UHF radio bands while police operate on VHF. The frequencies are linked to provide interface between police and fire units at the scene. Plans in the county are for a 700MHz system and the city is looking at the possibility of going to a county-wide system, which it should. Discussions are also taking place with the city of Los Altos and Mountain View on technical upgrades and virtual consolidation such that Palo Alto and these communities could operate under a single system for fire dispatching. There is an opportunity to improve service delivery and efficiency if Palo Alto and other jurisdictions combined to not only share stations but also to implement a boundary-less response model such that resources from any jurisdiction would respond regardless of the political boundary. This approach would more than likely result in more service-sharing opportunities and improve efficiency because cities could share resources more than they do now under the existing automatic-aid agreements. Recommendation 48: Establish initial efforts with Los Altos, Mountain View, and Sunnyvale to implement a boundary-less response network. TriData Division, 116 ICMA System Planning Corporation Center for Public Safety Management VII. QUANTITATIVE ANALYSIS OF FIRE AND EMS OPERATIONS INTRODUCTION Palo Alto‘s fire department has 7 engines (2 reserve), 1 type III brush truck which was only staffed in the summer, 1 type III truck cross-staffed by Truck 6, 1 ladder truck, 3 ALS ambulances (1 reserve), 1 rescue (1 reserve). These units are deployed in 8 stations. A total of 30 full time firefighters are staffed in 8 stations, and 4 administrative staff is staffed in station 6. Two overtime paid firefighter paramedics are staffed on ALS ambulance M1 in station 1 from 0800 to 2000 hours. Hourly EMTs are staffed in BLS ambulance BLS1 in station 6 for 10 hours a day, Monday through Friday. Between July and October, 3 additional fire fighters are staffed for the brush truck in station 8 between 0800 and 2000 hours. Our data analysis is divided into three sections. The first section focuses on the call types and dispatches. The second section explores time spent and workload of individual units. The third section presents response time analysis. The data in this report cover all calls for service between July 1, 2009 and June 30, 2010. During this period, Palo Alto‘s fire department received 6,752 non-canceled calls. Multiple units are often sent to calls. A total of 15,625 Palo Alto units were dispatched during this period. The total workload for the year for all Palo Alto units combined was 8,141 hours. Lastly, the average total response time was 6.5 minutes for both EMS and fire category calls. TriData Division, 117 ICMA System Planning Corporation Center for Public Safety Management A. AGGREGATE CALL TOTALS AND DISPATCHES The data reported here include all calls for service between July 1, 2009 and June 30, 2010. In a year, Palo Alto‘s fire department received 6,752 non-canceled calls. Of these, 187 were structure fire or outside fire calls, and 4,526 (60 percent) were emergency medical service (EMS) calls. We categorized the calls based on the incident description and include the correspondence table in Appendix I. Table 1. Call Types Call Type Number of Calls Calls per Day Call Percentage BLS Transport 391 1.1 5.2 MVA 253 0.7 3.3 EMS Other 3,882 10.6 51.3 EMS Total 4,526 12.4 59.9 Structure Fire 49 0.1 0.6 Outside Fire 138 0.4 1.8 Hazard 272 0.7 3.6 Alarm Subtotal 1,104 3.0 14.6 False Alarm 169 0.5 2.2 Malfunction Alarm 382 1.0 5.1 Unintentional Alarm 458 1.3 6.1 Other Alarm 95 0.3 1.3 Public Service 389 1.1 5.1 Good Intent 274 0.7 3.6 Fire Total 2,226 6.1 29.4 Canceled 808 2.2 10.7 Total 7,560 20.7 100 Note: In the table Alarm Subtotal is further broken down into four categories: False, Malfunction, Unintentional and Other. Observations:  A total of 2.2 percent of calls were canceled.  On average, the department received 18.5 non-canceled calls per day.  EMS calls for the year totaled 4,526 (59.9 percent of all calls), or about 12.4 per day. TriData Division, 118 ICMA System Planning Corporation Center for Public Safety Management  Fire category calls for the year totaled 2,226 (29.4 percent of all calls), or about 6.1 per day.  Calls for structure and outside fire combined averaged 1 call per 2 days, or 2.4 percent of total calls.  Alarm calls totaled 1,104 (14.6 percent of all calls), or about 3 per day. False alarm calls totaled 169, which is 15.3 percent of alarm calls. Malfunction alarm calls totaled 382, or 34.6 percent of alarm calls. Unintentional alarm calls totaled 458, or 41.5 percent of alarm calls. Other alarm calls totaled 95 for the year, or 8.6 percent of alarm calls. TriData Division, 119 ICMA System Planning Corporation Center for Public Safety Management Table 2. Mutual Aid Calls Call Type Number of Calls Automatic aid given Automatic aid received Mutual aid given Mutual aid received Total BLS Transport 16 16 MVA 5 61 1 67 EMS Other 12 269 281 EMS Total 17 346 1 364 Structure Fire 7 5 7 19 Outside Fire 3 15 2 20 Hazard 2 12 14 Alarm 7 8 15 Public Service 10 1 11 Good Intent 16 16 Fire Total 19 66 3 7 95 Canceled 78 58 1 137 Total 114 470 4 8 596 Note: Auto Aid is a predetermined response into another jurisdiction when the responding units from one agency are physically closer to the incident location than the closest unit from the agency where the incident is actually located. Mutual aid is a request for specific pieces or types of equipment when the requesting agency does not have the necessary resources to respond to an incident. Observations:  A total of 470 calls have received automatic aid, among which 58 (12.3 percent) calls were canceled.  Palo Alto has requested mutual aid assistance for 7 structure fire calls and 1 motor vehicle accident calls.  Palo Alto fire department has provided automatic aid for 114 calls, among which 78 (68.4 percent) calls were canceled.  Palo Alto fire department has provided mutual aid assistance for 2 outside fire calls and 1 public service call. TriData Division, 121 ICMA System Planning Corporation Center for Public Safety Management Observations:  Of the 49 structure fire calls, 9 lasted more than two hours, 22 lasted between one and two hours, and 18 lasted less than one hour.  Of the 138 outside fire calls during the year, 3 lasted more than two hours, 89 lasted between one and two hours, and 46 lasted less than one hour.  A total of 3,214 (71.0 percent) of EMS calls lasted less than one hour; 1,102 EMS (24.3 percent) calls lasted between one and two hours and 210 EMS (4.6 percent) calls lasted more than two hours.  In all, the department handled 3,139 calls that lasted more than one hour, which are 8.6 long calls per day. TriData Division, 122 ICMA System Planning Corporation Center for Public Safety Management Figure 2. EMS and Fire Calls by Type Observations:  A total of 187 structure fire and outside fire calls accounted for 8.4 percent of fire category total.  Alarm calls were 49.6 percent of fire category calls.  Public service calls were 17.5 percent of fire category total.  Hazardous condition calls were 12.2 percent of fire category total.  Good intent calls were 12.3 percent of fire category total.  Basic life support and transport calls accounted for 8.6 percent of EMS category total.  Motor vehicle accident calls were 5.6 percent of EMS category total.  Other EMS calls were 85.8 percent of EMS category total. TriData Division, 123 ICMA System Planning Corporation Center for Public Safety Management Figure 3. Calls by Month Observations:  Average calls per day varied by month and ranged from a low of 16.8 calls per day in November 2009 to a high of 20.3 calls per day in February 2010, or 21 percent more than the lowest month.  Average EMS calls per day varied from a low of 11.2 calls per day in November 2009 to a high in 14 calls per day in February 2010.  Average fire category calls per day varied from a low of 4.8 to a high of 7.0 calls per day (lowest in March 2010, highest in January 2010). TriData Division, 124 ICMA System Planning Corporation Center for Public Safety Management Figure 4. Calls by Hour of Day Table 3. Calls by Hour of Day Two-Hour Interval Hourly Call Rate EMS Fire Total 0-1 0.37 0.16 0.52 2-3 0.24 0.13 0.37 4-5 0.18 0.11 0.29 6-7 0.34 0.18 0.52 8-9 0.67 0.35 1.02 10-11 0.79 0.34 1.13 12-13 0.82 0.39 1.21 14-15 0.73 0.32 1.04 16-17 0.62 0.31 0.93 18-19 0.58 0.29 0.87 20-21 0.48 0.24 0.71 22-23 0.37 0.23 0.60 Calls per Day 12.37 6.08 18.45 Note: Calls per day will equal to the sum of the column multiplied twice since each row represents two hours. Observations:  In 2009, hourly call rates were the highest between 8 a.m. and 4 p.m., averaging at least 1 call per hour.  The call rate was lowest between midnight and 8 a.m., averaging at most 0.5 calls per hour. TriData Division, 125 ICMA System Planning Corporation Center for Public Safety Management Figure 5. Number of Units Dispatched to Calls Table 4. Number of Units Dispatched to Calls Call Type Unit One Two Three Four Five or more Total BLS Transport 210 13 136 29 3 391 MVA 8 41 94 63 47 253 EMS Other 389 2,814 578 79 22 3,882 EMS Total 607 2,868 808 171 72 4,526 Structure Fire 12 5 2 3 27 49 Outside Fire 87 18 1 1 31 138 Hazard 112 63 6 15 76 272 Alarm 896 71 6 25 106 1,104 Public Service 305 59 22 3 389 Good Intent 77 137 36 10 14 274 Fire Total 1,489 353 73 54 257 2,226 Grand Total 2,096 3,221 881 225 329 6,752 Percentage 31.0 47.7 13.0 3.3 4.9 100 TriData Division, 126 ICMA System Planning Corporation Center for Public Safety Management Observations:  Overall, 5 or more units were dispatched to 4.9 percent of calls. For fire category calls, 5 or more units were dispatched to 11.5 percent of calls.  On average, 2.2 units were dispatched per EMS call.  For EMS calls, 1 unit was dispatched 13.4 percent of the time, 2 units were dispatched 63.4 percent of the time, and 3 or more units were dispatched 23.2 percent of the time.  On average, 1.8 units were dispatched per fire category call.  For fire category calls, 1 unit was dispatched 66.9 percent of the time, 2 units were dispatched 15.9 percent of the time, and 3 or more units were dispatched 17.3 percent of the time. TriData Division, 127 ICMA System Planning Corporation Center for Public Safety Management Table 5. Annual Total Deployed Time by Call Type Call Type Busy Minutes per Call Annual Busy Hours Percent of Hours Number of Runs Runs per Day BLS Transport 55.1 714 8.8 780 2.1 MVA 29.0 425 5.2 885 2.4 EMS Other 40.0 5,466 67.1 8,255 22.6 EMS Total 40.2 6,606 81.1 9,920 27.1 Structure Fire 59.1 203 2.5 206 0.6 Outside Fire 26.3 134 1.6 305 0.8 Hazard 21.8 263 3.2 722 2.0 Alarm 15.6 445 5.5 1,714 4.7 Public Service 23.4 198 2.4 507 1.4 Good Intent 14.6 140 1.7 575 1.6 Fire Total 20.6 1,382 17.0 4,029 11.0 Canceled 5.5 153 1.9 1,676 4.6 Total 31.4 8,141 100 15,625 42.7 Observations:  Total deployed time for the year, or total busy hours, was 8,141 hours. This is the total deployment time of all the units that were deployed on any type of call.  There were a total of 15,625 runs, an average of 43 runs per day.  Fire category calls accounted for 17 percent of the total workload.  There were a total of 511 runs for structure and outside fire calls with a total workload of 337 hours, which accounted for 4.1 percent of the total workload. The average busy time for structure fire calls was nearly one hour per call and for outside fire calls it was 26 minutes.  Alarm calls accounted for 5.5 percent of the total workload. The average busy time for alarm calls was 15.6 minutes per call.  EMS calls accounted for 81.1 percent of the total workload. The average busy time for EMS calls was 40.2 minutes per call. TriData Division, 128 ICMA System Planning Corporation Center for Public Safety Management B. WORKLOAD BY INDIVIDUAL UNIT—CALLS AND TOTAL TIME SPENT Here we look at the actual time spent by each unit on every call. We report two types of statistics: workloads and runs. After the introductory table, we present run data and workload data for every unit, as well as the daily average for engine, truck and ambulance units. Table 6. Call Workload by Unit of Stations Station Unit Type Unit ID Busy Minutes per Run Number of Runs Runs per Day Busy Minutes per Day Annual Busy Hours 1 ALS Ambulance M 1 51.7 1,493 4 .1 211.3 1,286 ALS Ambulance M3 38.6 310 0.8 32.8 199 Type I Engine E 1 23.9 1,805 4 .9 118.3 720 2 ALS Ambulance M2 50.5 2,850 7.8 394 2,397 Rescue Unit R 2 20.3 856 2 .3 47.7 290 Type I Engine E2 22.4 895 2.4 54.9 334 3 Type I Engine E 3 23.9 1,110 3 .0 72.5 441 4 Type I Engine E4 26.8 1,016 2.8 74.6 454 5 Type I Engine E 5 26.9 816 2 .2 60.2 366 6 BLS Ambulance BLS1 58.3 756 2.9 168.7 734 Ladder Truck T 6 19.7 519 1 .4 28 170 Type I Engine E6 23.6 1,366 3.7 88.4 538 7 Type I Engine E 7 19.6 127 0 .3 6.8 41 8 Type III Brush Engine E8B 34.4 30 0.2 8.4 17 Note: Reserved engine E11 was dispatched 14 times and counted as E4. Reserved engines E9 and E10 combined were dispatched 6 times and counted as E6. Patrol pickup truck P6 was dispatched 7 times and counted as T6. Patrol pickup truck P8 was dispatched 3 times and counted as E8B. TriData Division, 129 ICMA System Planning Corporation Center for Public Safety Management Engine E6 had two long dispatches to two forest, woods or wildland fire calls. Those two dispatches lasted 24.5 and 110 hours respectively. The workloads for the two dispatches are calculated using 10 hours on scene time. Station 8 is only staffed between July and October, so the daily average is calculated using total days of 123. BLS1 is only staffed in weekdays, so the daily average is calculated using total days of 261. Observations:  Engine Company E1 made 1,805 runs in a year, averaging 4.9 runs and nearly 2 hours of busy time per day.  Engine Company E2 made 895 runs in a year, averaging 2.4 runs and 55 minutes of busy time per day.  Engine Company E3 made 1,110 runs during the year, averaging 3 runs and one hour and 13 minutes of busy time per day.  Engine Company E4 made 1,016 runs during the year, averaging 2.8 runs and one hour and 15 minutes of busy time per day.  Engine Company E5 made 816 runs during the year, averaging 2.2 runs and one hour of busy time per day.  Engine Company E6 made 1,366 runs during the year, averaging 3.7 runs and one hour and 29 minutes of busy time per day.  Engine Company E7 made 127 runs and were busy 41 hours in a year.  Brush engine E8B was only staffed in July, August, September 2009 and June 2010. Engine E8B made 30 runs and were busy 17 hours.  Ladder truck T6 made 519 runs during the year, averaging 1.4 runs and 28 minutes of busy time per day.  ALS ambulance M1 made 1,493 runs during the year, averaging 4.1 runs and 3 hours 31 minutes of busy time per day.  ALS ambulance M3 made 310 runs during the year, averaging 0.8 runs and 33 minutes of busy time per day.  ALS ambulance M2 made 2,850 runs during the year, averaging 7.8 runs and 6 hours 34 minutes of busy time per day.  Rescue unit R2 made 856 runs during the year, averaging 2.3 runs and 48 minutes of busy time per day. TriData Division, 130 ICMA System Planning Corporation Center for Public Safety Management  BLS ambulance BLS1 is staffed 10 hours a day, Monday through Friday. It is staffed by hourly EMTs who are NOT firefighters. It made 756 runs during the year, averaging 2.9 runs and 2 hours and 49 minutes of busy time per day. TriData Division, 131 ICMA System Planning Corporation Center for Public Safety Management Figure 6. Busy Minutes by Hour of Day Table 7. Busy Minutes by Hour of Day Two-Hour Interval EMS Fire Total 0-1 28.2 4.9 33.1 2-3 19.2 4.3 23.5 4-5 16.3 5.7 22.0 6-7 31.9 6.1 38.0 8-9 64.2 14.3 78.5 10-11 74.2 11.0 85.3 12-13 75.8 13.3 89.1 14-15 67.1 14.6 81.6 16-17 54.3 10.6 64.9 18-19 45.2 13.5 58.6 20-21 37.6 7.1 44.8 22-23 28.9 8.1 37.0 Daily Total 1085.9 227.1 1313.0 Note: Daily total will equal to the sum of the column multiplied twice since each row represents two hours. Observations:  The total busy minutes are the sum of both EMS and fire call workloads for all units. Total busy minutes by hour varied significantly mainly due to the fluctuations of EMS workload. TriData Division, 132 ICMA System Planning Corporation Center for Public Safety Management  Hourly busy minutes were the highest between 8 a.m. and 6 p.m., averaging more than 65 minutes per hour.  Hourly busy minutes were the lowest between 10 p.m. and 8 a.m., averaging fewer than 40 minutes per hour. TriData Division, 133 ICMA System Planning Corporation Center for Public Safety Management Table 8. Engine/Ladder Truck Units: Total Annual Number and Daily Average Number of Runs by Call Unit EMS Structure Fire Outside Fire Hazard Alarm Public Service Good Intent Total Runs Runs per Day E1 1,311 20 34 59 213 95 73 1,805 4.9 E2 513 19 26 70 188 36 43 895 2.4 E3 6 78 21 28 76 136 110 61 1,110 3.0 E4 670 13 33 60 121 84 35 1,016 2.8 E5 5 22 11 24 47 129 36 47 816 2.2 E6 741 21 56 61 415 30 42 1,366 3.7 E7 2 0 2 5 11 85 1 3 127 0.3 T6 173 32 31 90 134 31 28 519 1.4 E8B 1 6 6 5 1 2 30 0.2 Note: Engine E8B is only staffed between July and October, so the daily average is calculated using total days of 123. Observations:  Engines E1, E3, E4 and E6 were each deployed more than 1,000 times in a year.  Engine E1 responded to the most EMS calls, averaging 3.6 EMS calls per day. TriData Division, 134 ICMA System Planning Corporation Center for Public Safety Management Table 9. Engine/Ladder Truck Units: Daily Average Deployed Minutes per Day by Call Type Unit EMS Structure Fire Outside Fire Hazard Alarm Public Service Good Intent Total Minutes Fire Percentage E1 89.7 4.7 1.8 3.5 9.2 6.3 3.1 118.3 24.2 E2 34.1 3.3 1.6 4.2 7.9 2.2 1.7 54.9 37.9 E3 48.0 4.3 1.5 4.7 5.3 6.3 2.5 72.5 33.8 E4 50.3 2.6 4.4 4.4 6.0 5.7 1.2 74.6 32.6 E5 42.1 0.5 1.7 3.4 7.4 2.4 2.8 60.2 30.1 E6 49.3 3.6 6.5 3.7 21.2 2.1 1.8 88.4 44.2 E7 1.1 0.1 0.2 0.9 4.4 0.0 0.1 6.8 83.8 T6 10.0 5.4 1.3 4.6 3.8 2.1 0.9 28 64.3 E8B 5.1 2.5 0.5 0.1 0.2 9.4 38.6 Note: Fire percentage is the sum of average deployed minutes per day of all non-EMS calls divided by the total deployed minutes per day. Engine E8B is only staffed between July and October, so the daily average is calculated using total days of 123. Observations:  On average, engine E1 was busy for nearly 2 hours per day, and fire category calls accounted for 24.2 percent of the unit‘s total workload.  Engine E2 was busy for 54.9 minutes per day, and fire category calls accounted for 37.9 percent of the unit‘s total workload.  Engine E3 was busy for 72.5 minutes per day, and fire category calls accounted for 33.8 percent of the unit‘s total workload.  Engine E4 was busy for 74.6 minutes per day, and fire category calls accounted for 32.6 percent of the unit‘s total workload.  Engine E5 was busy for 1 hour per day, and fire category calls accounted for 30.1 percent of the unit‘s total workload.  Engine E6 was busy for 1 hour and 29 minutes per day, and fire category calls accounted for 44.2 percent of the unit‘s total workload. TriData Division, 135 ICMA System Planning Corporation Center for Public Safety Management Table 10. Ambulance Units: Total Annual and Daily Average Number of Runs by Call Type Unit BLS Transport MVA EMS Other Structure and Outside Fire Fire Other Total Runs per Day M1 86 68 1,183 21 135 1,493 4.1 M2 94 169 2,265 37 285 2,850 7.8 M3 1 11 269 1 28 310 0.8 R2 26 201 172 70 387 856 2.3 BLS1 392 29 310 0.0 25 756 2.9 Note: BLS1 is only staffed in weekdays, so the daily average is calculated using total days of 261. Observations:  ALS ambulance units M1 and M2 were deployed 1,493 and 2,850 runs, respectively, in a year, averaging 4.1 and 7.8 runs per day.  On average, ALS ambulance unit M3 was deployed less than 1 run per day.  On average, rescue unit R2 wad deployed 2.3 runs per day. TriData Division, 136 ICMA System Planning Corporation Center for Public Safety Management Table 11. Ambulance Units: Daily Average Deployed Minutes per Day by Call Type Unit BLS Transport MVA EMS Other Structure and Outside Fire Fire Other Total Minutes EMS Percentage M1 5.1 7.4 192.1 2.3 4.3 211 96.9 M2 6.2 2 1.7 353.5 2.1 10.5 394 96.8 M3 0.0 1.3 30.5 0.0 1.0 33 97.0 R2 1.6 1 0.1 10.5 6.5 19 48 46.5 BLS1 127.0 2.2 37.9 0.0 1.7 169 99.0 Note: EMS percentage is the sum of average deployed minutes per day of all EMS calls divided by the total deployed minutes per day. BLS1 is only staffed in weekdays, so the daily average is calculated using total days of 261. Observations:  Except rescue unit R2, EMS calls accounted for more than 96.8 percent of total workload for all ALS and BLS ambulance units.  On average, ALS ambulance unit M1 was busy for 3 hours and 31 minutes per day.  On average, ALS ambulance unit M2 was busy for 5 hours and 44 minutes per day.  On average, BLS ambulance unit BLS1 was busy for 2 hours and 1 minute per day.  On average, rescue unit R2 was busy for 48 minute per day, and EMS calls accounted for 46.5 percent of the total. TriData Division, 137 ICMA System Planning Corporation Center for Public Safety Management C. DISPATCH TIME AND RESPONSE TIME In this section we present dispatch and response time statistics for different call types and fire units. For most types of calls, we are mainly interested in the dispatch time and response time of the first arriving units. However, for structure and outside fire calls, we analyze the response time of the first and the second arriving fire vehicles (no ambulance and rescue units). We use different terms to describe the components of response time. Dispatch processing time is the difference between the unit dispatch time and the call receipt time. Turnout time is the difference between the unit time en route and the unit dispatch time, while travel time is the difference between the unit on-scene arrival time and the unit time en route. Response time includes dispatch processing time, turnout time, and travel time. Figure 7. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Units by Call Type TriData Division, 138 ICMA System Planning Corporation Center for Public Safety Management Table 12. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Units by Call Type Call Type Dispatch Time Turnout Time Travel Time Response Time 90th Percentile Response Time Number of Calls BLS Transport 6.5 2.0 9.0 16.7 43.7 356 MVA 0.5 1.9 4.0 6.3 9.9 235 EMS Other 0.4 1.8 3.5 5.6 7.7 3,829 EMS Total 0.9 1.8 4.0 6.5 8.3 4,420 Structure Fire 0.5 2.5 3.4 6.2 7.9 42 Outside Fire 0.5 2.1 4.3 6.7 8.9 134 Hazard 0.6 2.0 4.2 6.8 9.8 265 Alarm 0.4 2.1 3.9 6.2 8.9 1,013 Public Service 0.5 1.9 5.1 7.4 11.4 382 Good Intent 0.5 1.8 3.6 5.8 8.3 265 Fire Total 0.5 2.0 4.1 6.5 9.4 2,101 Total 0.8 1.9 4.1 6.5 8.9 6,521 Note: The average of dispatch time, turnout time, travel time and response time are calculated using non- null values of each field and they may have different number of calls. Therefore, the average response time may not be equal to the sum of average dispatch time, turnout time and travel time. Observations:  The average dispatch time for all calls was 0.8 minutes. However, the average dispatch time for BLS transport calls was 6.5 minutes.  The average turnout time was 1.9 minute.  The average travel time was 4.1 minutes. However, the average travel time for BLS transport calls was 9 minutes.  The average response time for all EMS calls was 6.5 minutes and the 90th percentile response time for all EMS calls was 8.3 minutes.  The average response time for fire category calls was 6.5 minutes and the 90th percentile response time for fire category calls was 9.4 minutes.  The average response time for structure fire calls was 7.9 minutes.  The average response time for outside fire calls was 8.9 minutes. TriData Division, 139 ICMA System Planning Corporation Center for Public Safety Management Figure 8. Number of Total Calls for the First Arriving Unit Table 13. Number of Total Calls for the First Arriving Units Unit EMS Structure and Outside Fire Fire Other Total Percentage Cumulative Percentage E1 1001 35 339 1,375 21.1 21.1 E6 545 44 435 1,024 15.7 36.8 E4 582 30 248 860 13.2 49.9 E3 492 20 291 803 12.3 62.2 E5 438 15 211 664 10.2 72.4 E2 377 17 207 601 9.2 81.6 M1 288 3 8 299 4.6 86.2 M2 269 15 284 4.4 90.5 BLS1 186 2 188 2.9 93.4 R2 91 2 37 130 2.0 95.4 T6 84 4 28 116 1.8 97.2 E7 13 6 95 114 1.7 98.9 M3 46 5 51 0.8 99.7 E8B 12 2 4 18 0.3 100 TriData Division, 140 ICMA System Planning Corporation Center for Public Safety Management Observations:  Engine E1 arrived first on scene most often, followed by Engine E6 and Engine E4.  The top three units, E1, E6 and E4, were the first units on scene half of the time for all calls.  For structure and outside fire calls, Engine E6 was the first unit on scene for 44 of 187 calls. TriData Division, 142 ICMA System Planning Corporation Center for Public Safety Management Table 14. Average Dispatch, Turnout, Travel, and Response Time of First Arriving Unit by Hour of Day Hour Dispatch Time Turnout Time Travel Time Response Time Number of Calls 0 0.3 2.3 3.8 6.3 187 1 0.3 2.4 4.1 6.7 191 2 0.3 2.5 3.8 6.5 158 3 0.1 2.7 4.0 6.8 110 4 0.2 2.7 3.8 6.6 105 5 0.2 2.6 3.9 6.7 102 6 0.9 2.5 3.9 7.3 130 7 1.2 2.3 4.7 8.1 236 8 1.3 2.0 4.6 7.7 351 9 1.0 1.7 3.9 6.4 360 10 1.2 1.6 4.9 7.5 391 11 1.5 1.5 4.5 7.1 399 12 1.0 1.5 5.1 7.4 426 13 1.1 1.7 4.0 6.5 423 14 0.9 1.6 3.7 6.0 395 15 0.9 1.6 3.9 6.2 349 16 0.7 1.8 3.5 5.8 342 17 0.7 1.8 3.8 6.1 309 18 0.4 1.7 3.5 5.6 325 19 0.4 1.7 3.5 5.5 289 20 0.4 1.8 3.9 6.0 256 21 0.3 1.8 3.6 5.7 258 22 0.3 1.9 3.4 5.6 215 23 0.2 2.3 4.1 6.5 214 Total 0.8 1.9 4.1 6.5 6,521 Observations:  Average dispatch time was between 0.1 and 1.5 minutes.  Average turnout time was between 1.5 and 2.7 minutes. Between 9 a.m. and 11 p.m., average turnout time was less than 2 minutes.  Average travel time was between 3.4 and 5.1 minutes.  Average response time was between 5.5 and 8.1 minutes. TriData Division, 143 ICMA System Planning Corporation Center for Public Safety Management Figure 10. Cumulative Distribution Function (CDF) of Response Time of First Arriving Unit for MVA and EMS Other Calls Reading the CDF Chart The vertical axis is the probability or percentage of calls. The horizontal axis is response time. For example, with regard to MVA and EMS other calls, the 0.9 probability line intersects the graph at the time mark at about 7.8 minutes. This means that units responded to 90 percent of these calls in fewer than 7.8 minutes. TriData Division, 144 ICMA System Planning Corporation Center for Public Safety Management Table 15. Cumulative Distribution Function (CDF) of Response Time of First Arriving Unit for MVA and EMS Other Calls Response Time Frequency Cumulative Percentage 1 min. 44 1.1 2 min. 61 2.6 3 min. 128 5.7 4 min. 442 16.6 5 min. 942 39.8 6 min. 1,084 66.5 7 min. 648 82.4 8 min. 373 91.6 9 min. 133 94.9 10 min. 70 96.6 11 min. 42 97.6 12 min. 28 98.3 13 min. 13 98.6 14 min. 8 98.8 15 min. 5 98.9 >= 15 min 43 100.0 Note: BLS transport calls have significantly longer response time and therefore not included. Observations:  The average response time for MVA and EMS other calls was 5.7 minutes.  For 66.5 percent of EMS calls, the response time was less than 6 minutes.  For 90 percent of EMS calls, the response time was less than 7.8 minutes. TriData Division, 145 ICMA System Planning Corporation Center for Public Safety Management Response Time Analysis for Structure and Outside Fire Calls The following tables and charts report our response time analysis of first arriving units for structure and outside fire calls. The analysis focuses on the arrival of firefighting equipment including engine, and truck units. The response time analysis does NOT include dispatched ambulance units for structure and outside fire calls. They typically arrive along with the Engine Company based in their station. Table 16. Average Response Time for Structure Fire and Outside Fire Calls by First Arriving Fire Unit First Arriving Unit Outside Fire Structure Fire Total Response Time Number of Calls Response Time Number of Calls Response Time Number of Calls E1 5.4 26 6.4 12 5.7 38 E2 7.2 10 6.0 7 6.7 17 E3 6.8 13 6.3 6 6.6 19 E4 5.2 25 6.8 4 5.5 29 E5 7.3 12 5.8 3 7.0 15 E6 8.5 37 6.3 8 8.1 45 E7 6.8 5 5.0 1 6.5 6 E8B 12.2 2 12.2 2 T6 3.8 3 3.1 2 3.5 5 Observations:  For outside fire calls, Engine E1 and E4 were the first unit on scene most often and had the shortest average response time of 5.4 and 5.2 minutes respectively when arriving first on scene.  For structure fire calls, Engine E1 was the first unit on scene most often.  Except two runs of E8B, first arriving units arrived on scene on average in fewer than 10 minutes. TriData Division, 146 ICMA System Planning Corporation Center for Public Safety Management Table 17. Average Response Time for Structure Fire and Outside Fire Calls by Second Arriving Fire Unit Second Arriving Unit Outside Fire Structure Fire Total Response Time Number of Calls Response Time Number of Calls Response Time Number of Calls E1 5.4 1 7.4 3 6.9 4 E2 14.5 4 9 1 13.4 5 E3 7.2 3 7.8 8 7.6 11 E4 9.7 4 10.9 3 10.2 7 E5 8.4 3 5.9 2 7.4 5 E6 5.3 2 7.5 5 6.8 7 T6 7 4 12.7 8 10.8 12 Observations:  Ladder truck T6 and Engine E3 were the second unit on scene most often.  When E6 were the second unit on scene, it had the shortest response time of 6.8 minutes.  All second arriving units arrived on scene on average in fewer than 14 minutes. TriData Division, 147 ICMA System Planning Corporation Center for Public Safety Management Figure 11. Cumulative Distribution Function (CDF) of Response Time of First, Second and Third Arriving Fire Units for Structure and Outside Fire Calls 100 90 80 • 70 g 60 ~ ~ , 50 lst unit iverage: 6.6 minutes /' ,/ 2nd unit average: 9.1 minutes 3rd unit average: 10.2 minutes / ~ ~ / / / / / / • ~ 40 ., E 30 , u 20 10 0 / / / / / / 1st unit 90th percentile: 8.7 minutes / / / 2nd unit 90th percentile: 16.7 minutes / / ./ 3rd unit 90th percentile: 14.2minutes ./ /~ o I 4 6 7 8 9 10 ,~-,C'-'CUc,c,;C,~---:,-"CdCUC,C,;C'~---:3-nCICuC"C"~1 11 12 13 14 15 Minutes TriData Division, 148 ICMA System Planning Corporation Center for Public Safety Management Table 18. Cumulative Distribution Function (CDF) of Response Time of First and Second Arriving Fire Units for Structure and Outside Fire Calls Response Time Structure Fire First Unit Second Unit Third Unit Frequency Cumulative Percent Frequency Cumulative Percent Frequency Cumulative Percent 1 min. 3 1.7 0.0 0.0 2 min. 3 3.4 0.0 0.0 3 min. 3 5.1 0.0 0.0 4 min. 19 15.9 0.0 0.0 5 min. 39 38.1 1 2.0 0.0 6 min. 34 57.4 5 11.8 1 3.1 7 min. 28 73.3 12 35.3 3 12.5 8 min. 21 85.2 10 54.9 4 25.0 9 min. 12 92.0 9 72.5 6 43.8 10 min. 3 93.8 2 76.5 7 65.6 11 min. 2 94.9 4 84.3 1 68.8 12 min. 1 95.5 1 86.3 1 71.9 13 min. 1 96.0 1 88.2 2 78.1 14 min. 2 97.2 0 88.2 2 84.4 15 min. 1 97.7 0 88.2 2 90.6 16 min. 0 97.7 0 88.2 1 93.8 17 min. 2 98.9 2 92.2 1 96.9 18 min. 0 98.9 1 94.1 0 96.9 19 min. 1 99.4 0 94.1 0 96.9 20 min. 0 99.4 3 100.0 1 100.0 20 to 25 min. 1 100.0 0 100.0 0 100.0 Observations:  The average response time of the first arriving fire unit for structure and outside fire calls was 6.6 minutes.  90 percent of the time, the first fire unit arrived on scene in fewer than 8.7 minutes.  On average, the response time of the second arriving unit was 9.1 minutes, which was 2.5 minutes longer than that of the first arriving unit.  90 percent of the time, the second fire unit arrived on scene in fewer than 16.7 minutes. TriData Division, 149 ICMA System Planning Corporation Center for Public Safety Management D. ANALYSIS OF BUSIEST HOURS IN A YEAR There is significant variability in the number of calls from hour to hour. One special concern relates to the fire resources available for the highest workload hours. We tabulated the data for each of 8760 hours in the year. Approximately once every 11 days the fire department will respond to 5 or more calls in an hour. This is 0.4% of the total number of hours. Once during the entire year, there were more than 10 calls in a single hour. In studying these call totals, it is important to remember that an EMS run lasts on average only 40 minutes and a fire category call lasts 21 minutes. For the vast majority of these high volume hours, the total workload of all units combined is equivalent to 6 or fewer units busy the entire hour. The hour with the most calls received was between 0800 and 0900 on February 17, 2010. The 11 calls involved 12 runs. The combined workload was 326 minutes, which may spread more than one hour. This is equivalent to between 5 and 6 firefighting units being busy the entire hour. However, in the city there are 13 units staffed all of the time. During the worst portion of the hour, there were always at least 6 units still available to respond immediately. Only 7 of the 13 units were busy more than 30 minutes during this hour. The hour with the most calls was between 2100 and 2200 on September 19, 2009. The 8 calls involved 11 runs. The combined workload was 252 minutes, which may spread more than one hour. This is equivalent to between 4 and 5 firefighting units being busy the entire hour. However, in the city there are 14 units staffed all of the time in the summer. During the worst portion of the hour, there were always at least 8 units still available to respond immediately. Only 1 of the 14 units was busy more than 30 minutes during this hour. TriData Division, 150 ICMA System Planning Corporation Center for Public Safety Management Table 19. Frequency Distribution of the Number of Calls Number of Calls in an Hour Frequency Percentage 0 4281 48.9% 1 2865 32.7% 2 1122 12.8% 3 373 4.3% 4 86 1.0% 5 26 0.3% 6-10 6 0.1% 11-15 1 0.0% Observations:  A total of 33 hours (0.4 percent) in a year, there are 5 or more calls occurred in an hour. It is approximately once every 11 days the fire department will respond to 5 or more calls in an hour. TriData Division, 151 ICMA System Planning Corporation Center for Public Safety Management Table 20. Top 10 hours with the most calls received Hour Number of Calls Number of Runs Total Busy Minutes 02-17-2010 08 11 12 326 09-19-2009 21 8 11 252 02-17-2010 11 7 13 377 02-19-2010 13 6 9 316 01-19-2010 08 6 8 169 02-03-2010 12 6 8 275 05-07-2010 17 6 10 391 06-12-2010 11 5 7 256 12-18-2009 13 5 12 254 12-02-2009 17 5 11 272 Observations:  The hour with the most calls received was between 0800 and 0900 on February 17, 2010. The 11 calls involved 12 runs. The combined workload was 326 minutes, which may spread more than one hour. This is equivalent to between 5 and 6 firefighting units being busy the entire hour. However, in the city there are 13 units staffed all of the time. TriData Division, 152 ICMA System Planning Corporation Center for Public Safety Management Table 21. Unit Workload Analysis Between 8 a.m. and 9 a.m. on 17-Feb-2010 Station 1 2 3 4 5 6 7 Number of Busy Units Unit E 1 M 1 M 3 E 2 M 2 R 2 E 3 E 4 E 5 B LS1 E 6 T 6 E 7 0-5 5.0 0.6 5.0 5.0 4 5-10 0.3 2.2 1.7 5.0 5.0 5.0 6 10-15 3.6 1.6 5.0 3.9 4.9 5.0 5.0 7 15-20 4.8 3.7 0.2 4.1 0.7 5 20-25 5.0 5.0 5.0 2.7 3.7 5 25-30 5.0 5.0 5.0 5.0 0.7 5.0 6 30-35 5.0 5.0 5.0 0.8 5.0 5.0 5.0 7 35-40 5.0 5.0 5.0 5.0 5.0 5.0 5.0 7 40-45 5.0 5.0 5.0 5.0 5.0 5.0 4.7 7 45-50 3.4 5.0 4.2 5.0 5.0 5.0 5.0 7 50-55 0.2 5.0 5.0 5.0 5.0 5 55-60 5.0 2.5 5.0 5.0 4 Total 42.1 1.6 0.0 41.1 0.0 0.0 35.0 36.3 54.3 30.7 54.1 0.0 0.0 Note: The numbers in the cells are the busy minutes within the 5 minute block. The cell values greater than 2.5 are coded as red. Observations:  During the worst portion of the hour, there were always at least 6 units still available to respond immediately. Only 7 of the 13 units were busy more than 30 minutes during this hour. TriData Division, 153 ICMA System Planning Corporation Center for Public Safety Management Figure 12. Unit Workload Analysis by Call Type Between 8 a.m. and 9 a.m. on 17-Feb-2010 Observations:  The total busy minutes for EMS calls were 228.6 minutes, which accounted for 77.4 percent of the total buys minutes.  The total busy minutes for non structure and outside fire category calls were 66.6 minutes, which accounted for 22.6 percent of the total buys minutes. TriData Division, 154 ICMA System Planning Corporation Center for Public Safety Management Table 22. Unit Workload Analysis Between 9 p.m. and 10 p.m. on 19-Sep-2009 Station 1 2 3 4 5 6 7 8 Number of Busy Units Unit E1 M1 M3 E2 M2 R2 E3 E4 E5 BLS1 E6 T6 E7 E8B 0-5 0 5-10 0 10-15 0 15-20 3.0 1.1 1.1 3 20-25 5.0 5.0 5.0 3 25-30 5.0 5.0 3.3 2.7 3.3 5.0 6 30-35 5.0 4.7 5.0 5.0 5.0 4.5 6 35-40 5.0 5.0 4.6 4.3 4 40-45 5.0 5.0 3.7 2.5 4 45-50 5.0 5.0 5.0 5.0 4 50-55 5.0 1.2 2.7 2.9 2.8 1.2 6 55-60 2.9 5.0 5.0 3 Total 40.9 0.0 0.0 0.0 22.0 26.0 0.0 23.9 22.9 21.8 0.0 0.0 0.0 0.0 Note: The numbers in the cells are the busy minutes within the 5 minute block. The cell values greater than 2.5 are coded as red. Observations:  During the worst portion of the hour, there were always at least 8 units still available to respond immediately since E8B was staffed. Only 1 of the 13 units were busy more than 30 minutes during this hour. TriData Division, 155 ICMA System Planning Corporation Center for Public Safety Management Figure 13. Unit Workload Analysis by Call Type Between 9 p.m. and 10 p.m. on 19-Sep- 2009 Observations:  The total busy minutes for EMS calls were 43.8 minutes, which accounted for 27.8 percent of the total buys minutes.  The total busy minutes for non structure and outside fire category calls were 113.7 minutes, which accounted for 72.2 percent of the total buys minutes. TriData Division, 156 ICMA System Planning Corporation Center for Public Safety Management APPENDIX VII-A. CORRESPONDENCE BETWEEN CALL DESCRIPTION AND CALL TYPE NFIRS Incident Code Incident Description Call Type 321B BLS Interfacility Transport Only BLS Transport 321D EMS call, downgraded for BLS transport BLS Transport 322D Vehicle Accident with Injuries - Downgraded for BLS Transport BLS Transport 323D Motor vehicle/pedestrian accident BLS downgrade BLS Transport 322 Vehicle accident with injuries MVA 323 Motor vehicle/pedestrian accident (MV Ped) MVA 324 Motor vehicle accident with no injuries MVA 321 EMS call, excluding vehicle accident EMS Other 322 Vehicle accident with injuries EMS Other 352 Extrication of victim(s) from vehicle EMS Other 353 Removal of victim(s) from stalled elevator EMS Other 357 Extrication of victim(s) from machinery EMS Other 445 Arcing, shorted electrical equipment EMS Other 463 Vehicle accident, general cleanup EMS Other 510 Person in distress, other EMS Other 600 Good intent call, other EMS Other 661 EMS call, party transported by non-fire agency EMS Other 321P EMS call, 5150 Transport EMS Other 111 Building fire Structure Fire 112 Fires in structures other than in a building Structure Fire 113 Cooking fire, confined to container Structure Fire 114 Chimney or flue fire, confined to chimney or flue Structure Fire 130 Mobile property (vehicle) fire, other Structure Fire 461 Building or structure weakened or collapsed Structure Fire 100 Fire, other Outside Fire 118 Trash or rubbish fire, contained Outside Fire 131 Passenger vehicle fire Outside Fire 140 Natural vegetation fire, other Outside Fire 141 Forest, woods or wildland fire Outside Fire TriData Division, 157 ICMA System Planning Corporation Center for Public Safety Management 142 Brush, or brush and grass mixture fire Outside Fire 143 Grass fire Outside Fire 150 Outside rubbish fire, other Outside Fire 151 Outside rubbish, trash or waste fire Outside Fire 154 Dumpster or other outside trash receptacle fire Outside Fire 160 Special outside fire, other Outside Fire 161 Outside storage fire Outside Fire 162 Outside equipment fire Outside Fire 561 Unauthorized burning Outside Fire 653 Barbecue, tar kettle Outside Fire 200 Overpressure rupture, explosion, overheat other Hazard 220 Overpressure rupture from air or gas, other Hazard 251 Excessive heat, scorch burns with no ignition Hazard 400 Hazardous condition, other Hazard 410 Flammable gas or liquid condition, other Hazard 411 Gasoline or other flammable liquid spill Hazard 412 Gas leak (natural gas or LPG) Hazard 413 Oil or other combustible liquid spill Hazard 421 Chemical hazard (no spill or leak) Hazard 422 Chemical spill or leak Hazard 424 Carbon monoxide incident Hazard 440 Electrical wiring/equipment problem, other Hazard 441 Heat from short circuit (wiring), defective/worn Hazard 442 Overheated motor Hazard 443 Light ballast breakdown Hazard 451 Biological hazard, confirmed or suspected Hazard 471 Explosive, bomb removal (for bomb scare, use 721) Hazard 480 Attempted burning, illegal action, other Hazard 522 Water or steam leak Hazard 531 Smoke or odor removal Hazard 650 Steam, other gas mistaken for smoke, other Hazard 651 Smoke scare, odor of smoke Hazard 652 Steam, vapor, fog or dust thought to be smoke Hazard 671 Hazmat release investigation w/ no hazmat Hazard 672 Biological hazard investigation, none found Hazard TriData Division, 158 ICMA System Planning Corporation Center for Public Safety Management 746 Carbon monoxide detector activation, no CO Hazard 412U Gas leak (natural gas or LPG) - PA Utilities Related Hazard 444U Power line down - PA Utilities Related Hazard 100 Fire, other Alarm 700 False alarm or false call, other Alarm 710 Malicious, mischievous false call, other Alarm 712 Direct tie to FD, malicious/false alarm Alarm 714 Central station, malicious false alarm Alarm 715 Local alarm system, malicious false alarm Alarm 730 System malfunction, other Alarm 731 Sprinkler activation due to malfunction Alarm 732 Extinguishing system activation due to malfunction Alarm 733 Smoke detector activation due to malfunction Alarm 734 Heat detector activation due to malfunction Alarm 735 Alarm system sounded due to malfunction Alarm 736 CO detector activation due to malfunction Alarm 740 Unintentional transmission of alarm, other Alarm 741 Sprinkler activation, no fire - unintentional Alarm 742 Extinguishing system activation Alarm 743 Smoke detector activation, no fire - unintentional Alarm 744 Detector activation, no fire - unintentional Alarm 745 Alarm system sounded, no fire - unintentional Alarm 700U False alarm or false call, other - PA Utilities Related Alarm 331 Lock-in (if lock out , use 511 ) Public Service 462 Aircraft standby Public Service 500 Service Call, other Public Service 511 Lock-out Public Service 520 Water problem, other Public Service 521 Water evacuation Public Service 542 Animal rescue Public Service 550 Public service assistance, other Public Service 551 Assist police or other governmental agency Public Service 552 Police matter Public Service 553 Public service Public Service TriData Division, 159 ICMA System Planning Corporation Center for Public Safety Management 554 Assist invalid Public Service 555 Defective elevator, no occupants Public Service 900 Special type of incident, other Public Service 520U Water problem, other PA Utilities Related Public Service 521U Water evacuation - PA Utilities Public Service 600 Good intent call, other Good Intent 6001 Good intent call, Sleeper, only sleeping Good Intent 611 Dispatched & cancelled en route Canceled 621 Wrong location Canceled 622 No incident found on arrival at dispatch address Canceled TriData Division, 160 ICMA System Planning Corporation Center for Public Safety Management APPENDIX VII-B. WORKLOAD ANALYSIS FOR ADMINISTRATIVE UNITS AND NON PALO ALTO UNITS Agency Unit Description Unit Total Number of Calls Annual Busy Hours Palo Alto Deputy Chief A2 1 0.6 A3 1 2 Battalion Chief B6 500 148.5 Training Captain TC1 2 1.5 Fire Investigator K1 4 14.6 K2 1 2 County Fire Engine COE14 4 1.4 COE15 19 3.4 COE16 1 0.1 County Fire Truck COT14 1 1.6 County ALS Ambulance AMR1 531 159.8 AMR2 74 27 AMR3 58 17.3 AMR4 8 1.8 AMR5 1 0.2 County Fire Rescue COR14 10 2.1 County Fire Bat Chief COB7 7 2.6 COBC 1 1.1 Menlo Park Menlo Park Engine MPE1 54 13.1 MPE4 6 1.1 MPE6 44 2.6 Menlo Park Truck MPT1 1 0 Mountain View Mountain View Engine MVE3 40 7.6 MVE5 51 9 Mountain View Truck MVT1 11 9.2 Mountain View Rescue MVR1 9 1.5 Mountain View Bat Chief MVB18 10 7.1 Park Ranger FHP1 8 6.7 FHP2 13 10.6 TriData Division, 161 ICMA System Planning Corporation Center for Public Safety Management FHP3 7 6.1 FHP4 1 0.4 Total Total 1,479 462.7 The PAFD provides service from seven stations year-round and one station on a seasonal basis. The seasonal station (8) is staffed for 90 days (July through October), which is considered the high-fire season. Palo Alto has an (ISO) Insurance Services Office rating of two, with the highest being one. This rating is a technical guide for determining insurance costs and not intended to be a guide in the design of a fire department. This is especially true for fire departments that provide emergency medical service since EMS is not considered within the rating schedule. TriData Division, 162 ICMA System Planning Corporation Center for Public Safety Management APPENDIX A: INTERNAL COMMUNICATIONS, EVALUATION & PROJECT MANAGEMENT A key element for PAFD improvement is for the organization to better understand its performance on key initiatives and establish goals for various services. To do this the expectations and involvement of managers must be improved and all personnel must support the changes being made. For the PAFD senior managers must routinely engage supervisors and personnel in continuous discussions about the issues and opportunities facing the organization, and it must effectively evaluate performance, especially for those in management and supervisory roles. In this Appendix we discuss some additional findings related to improving the overall management of the PAFD. We also present a plan to improve accountability, internal discipline, and empower employees to effectively embrace change through project management. Also included is a template the fire department to consider for its project management system. There are five key areas to address for the organization. 1. Improve communication, leadership, and accountability to strengthen the team approach to interpersonal, operational, and administrative performance. It is imperative that everyone has the opportunity to collaborate on the implementation of this plan. Too often we heard from rank and file members that they were not being heard and that leadership was not advocating for their needs. Conversely, they were viewed as entrenched and unwilling to be open to change. In order for this plan to be successful, everyone must be engaged in a collaborative, constructive, and disciplined manner. This will not happen because we wish it to occur. New habits and skills will have to be developed, as well as integrating the initiatives and evaluative components of this plan at all levels of the department. Consequently, we recommend installing the AIM system, which would serve as the foundation for establishing new individual and organizational practices. AIM—an acronym for Assessment, Improvement, Maintenance—is designed to enhance individual, team, operational, administrative, and interpersonal functions by supporting strong communication practices, continuous quality improvement, and leadership development. AIM is a FIRE/EMS performance management program offered by Performance Management Group, San Rafael, California. A minimum review of quarterly review and discussion of related issues by management personnel is recommended at staff meetings with provision for feed-back of answers or resulting direction. 2. Revise performance evaluations to achieve organizational goals. A key need for the Palo Alto Fire Department is to have supervisors build the confidence necessary to evaluate the TriData Division, 163 ICMA System Planning Corporation Center for Public Safety Management personnel under their leadership. To do this all managers must be trained (and expected) to achieve a high level of performance toward organizational goals, job requirements, team function, attitude, etc. As such the PAFD in cooperation with the city‘s HR section need to collaborate on a redesign of the evaluation process. It is possible the same contractor used for the recommended AIM program could assist to integrate performance evaluation. 4. Implement a project management system and delegate projects to all managers. A key component on improving organizational performance will be for the fire department to adopt a project management system that includes control points. In this way managers are expected to maintain their focus on assigned projects to ensure that specific goals and tasks are completed. Such an approach is a key aspect of the total communication package and its implementation will vastly improve employee involvement throughout the PAFD. At a minimum, quarterly reviews should be completed by management personnel as part of the review process. 5. Designate certain managers to oversee the development and implementation of a project management plan. A business manager or the training chief may be the best person to implement a project management plan; however it could also be someone outside of the fire department. This effort requires someone to fully support and manage the process and ongoing implementation of the plan. This is an important project management role to ensure accountability and the coordination of all aspects of the planning and implementation phases down to the line level. The person or persons could be selected from upper of mid-level staff. This would be a work plan for specific tasks with specific review dates, goals, objectives, funding and the processing of funds to achieve objectives. This work plan would include opportunity to seek the input of other personnel and work shifts when commencing work and accomplishing specific tasks where it is prudent to seek the opinions of others. The process to develop the project management system should consider the following:  Step 1: Establish a Planning Team and Gather Information – The first step is to create a planning team to focus on the broad spectrum of areas associated with planning such as the implementation of the recommendations in this report and an annual review of the Departments strategic plan. The team should be small enough to facilitate good group discussions, but large enough to include appropriate goal setters, analysts for measuring performance against metrics, and administration responsible for implementing the annual strategic plan. The following are a good starting point for individuals to include: chief; chief officer; fire captain; fire fighter; medical director; medical coordinator; fire marshal; public education person; IT Specialist; GIS analyst; labor representative and business manager. TriData Division, 164 ICMA System Planning Corporation Center for Public Safety Management The ‗team should then gather information from reliable sources such as the International City Manager‘s Association (ICMA) Center for Performance Measurement and the Center for Public Safety Excellence (CPSE). The ICMA has considerable information about fire and EMS planning and performance. The department could also participate in the ICMA multi-city comparison program or simply use the ICMA performance measures. Likewise, the CPSE publishes the Standard of Cover Manual, which provides an excellent process by which to implement an annual strategic planning process based on risk analysis and performance measurement. Information on these organizations can be found at:  http://publicsafetyexcellence.org  http://icma.org  The following texts contain good information for participants.  CPSE Fire & Emergency Services Self-Assessment Manual, 7th Edition  CPSE Standard of Cover Manual, 4th Edition  NFPA Fire Protection Handbook  ICMA Managing Fire and Rescue Services We also suggest that one member of the team be designated to pull applicable material from these references as background information and provide them for the team.  Step 2: Define Objectives and Performance Metrics – Service level objectives should be defined department-wide and for each of the major functions within the department. Implementation details will be detailed by Senior Staff and Labor after communication using the recommended program. Objectives that focus on the desired end result (e.g., reduce structure fires by 10 percent; reduce fire loss by 25 percent, restructure divisions, restructure EMS) are preferable to ‗generalized objectives such as ‗improve the fire prevention program‘. An important consideration for performance measures is to understand the difference between vanity and action metrics. Vanity metrics are those that look impressive in a report, but are difficult to base concrete actions on. Action metrics are performance measures that provide information in a way that decision makers are able to implement changes and evaluate the results. TriData Division, 165 ICMA System Planning Corporation Center for Public Safety Management  Step 3: Analyze the Results and Provide Regular Reports – The ‗planning team‘ should then analyze the various measures and establish a regular schedule (quarterly is reasonable) to distribute the findings to the department. Regular reporting serves several important functions: 1) it determines whether the data collection process is working; 2) keeps department members informed about progress in important areas; and, 3) provides interim reports for the annual review. As the team gains experience, questions will undoubtedly arise from members of the department, who may question whether the information is accurate. This is good and it will take time for the team to improve the process. Experience has shown there to be great value in providing performance information to the department‘s members, who often complain about the reports that are required after each incident. Quarterly and annual summary reports should prepared routinely.  Step 4: Conduct an evaluation of the plan at regular intervals – Evaluation is a critical component of the planning process. The success of this effort is going to be contingent on a number of variables, some anticipated and others not. A sound evaluation component will provide the means to allow City, department officials and employees the opportunity to confirm the direction of these initiatives and others that might be added to the plan or modify them to achieve improved results. It will also impose discipline and accountability on the planning and implementation processes. The evaluation process and could be as simple as documentation on a dated copy of the project management form. The evaluation process should continue for a minimum of five years to insure systemic institutionalization, with adjustments documented within a guiding policy as needed. Following is an example of a project management form to be used as part of the evaluation process. TriData Division, 166 ICMA System Planning Corporation Center for Public Safety Management Sample Project Management Form Palo Alto Fire Department Project Management Date Issued: Goal: Work Shift/Unit Supervisor Manager Funds Assigned Due Date Review Date Supervisor Signature Objectives in Detail with Resource Needs 1. 2. 3. Review analysis on back of Form by date and those in attendance: Approved Changes: Supervisory review shall be frequent. Formal Review shall be forwarded by specific Date Assigned by Policy: Feed-back date with information attached: Approved By: Date: TriData Division, 167 ICMA System Planning Corporation Center for Public Safety Management APPENDIX B: LEAVE USAGE BY POSITION CLASSIFICATION Year Sick Personal Business Vacation Holiday Bereave-ment In Lieu Disability Long-term Disability FMLA Unpaid Military Jury Duty Unpaid Mgmt Leave Average Absence per person FY 09-10 Fire Captains 3525.94 76.29 6663.78 180.65 120.00 2425.00 168.00 26.07 425.35 Fire Fighters 11296.25 230.08 16749.86 139.12 464.00 3733.80 480.00 38.50 55.79 404.72 Battalion Chiefs 108.00 9.00 728.00 110.00 20.00 325.00 FY 08-09 Fire Captains 4093.35 275.50 6371.50 40.00 144.00 3078.00 120.00 88.15 473.68 Fire Fighters 8150.50 961.70 13038.25 3.00 501.00 4924.50 166.92 351.21 Battalion Chiefs 178.00 10.00 830.00 98.00 90.00 301.50 FY 07-08 Fire Captains 3411.50 231.68 6904.32 136.50 216.00 1608.00 384.00 9.50 390.95 Fire Fighters 7956.00 778.74 13913.61 129.25 336.00 2784.00 1944.00 34.00 5.40 331.92 Battalion Chiefs 100.00 7.00 664.00 100.00 80.00 237.75 Source documents: Leave reports via ADHOC TriData Division, 168 ICMA System Planning Corporation Center for Public Safety Management APPENDIX C: COST & PERCENTAGE OF OVERTIME BY PAY CODE, 2009 Code Description Total Percent 1000 Light Duty (LD) $16,774.66 0.42% 1200 Light Duty Modified (MLD) $78,390.54 1.96% 1300 Sick Leave (SL) $447,201.79 11.19% 130F Sick Leave Family (SLF) $116,191.84 2.91% 1600 Vacation (V) $799,957.29 20.01% 1710 Bereavement (BR) $20,163.12 0.50% 1720 Military Leave (ML) $24,772.80 0.62% 1730 Jury Duty (JD) $2,356.38 0.06% 3200 Overtime (OT) $1,833,154.53 45.85% 32E8 Overtime Engine 8 (OTE8) $186,292.01 4.66% 32M1 Overtime Medic 1 (OTM1) $427,391.76 10.69% 32ST Overtime Strike Team (OTST) $16,351.68 0.41% 7100 Long Term Disability (LTD) $28,788.48 0.72% Grand Total $3,997,786.88 100.00% TriData Division, 169 ICMA System Planning Corporation Center for Public Safety Management APPENDIX D: CITY OF PALO ALTO – EMS COLLECTION RATES Description of Paramedic Transport Fee Rate ALS II Bundled Rate $1595.00 bundled charges include transport and supplies with the exception of O2, millage, and night fee ALS Base / BLS Downgrades Base - Bundled Rate $1375.00 bundled charges include transport and supplies with the exception of O2, millage, and night fee ALS-1 Special Event Stand By - The Fire Chief or his designate can negotiate the fee for contracted services. $165.00-$275.00 per hour BLS Transport - Single $450.00 fee varies based on type of services rendered during the occasion BLS Scheduled Transport - The Fire Chief or his designate can negotiate the fee for contracted services. $250.00-$550.00 fee varies based on type of services rendered during the occasion BLS-1 Special Event Stand By - The Fire Chief or his designate can negotiate the fee for contracted services. $80.00-$150.00 per hour 911 ALS Transport Mileage $22.00 per mile 911 BLS Transport Mileage $22.00 per mile Interfacility BLS Transport Mileage $22.00 per mile Contracted interfacility BLS Transport Mileage: The Fire Chief or his designate can negotiate the BLS Interfacility fee for contracted services $11.00 - $22.00 per mile Night Transport Fee $66.00 per person/each occasion during the hours of 7pm - 7am Oxygen $110.00 per person/each occasion TriData Division, 170 ICMA System Planning Corporation Center for Public Safety Management APPENDIX D: ICMA OPERATIONAL COMMENTS ICMA Background The International City/County Management Association (ICMA) is the premier local government leadership and management organization. Since 1914, ICMA‘s mission has been to create excellence in local governance by developing and advocating professional local government management worldwide. ICMA provides an information clearinghouse, technical assistance, training, and professional development to more than 9,000 city, town, and county experts and other individuals throughout the world. ICMA Center for Public Safety Management ICMA Center for Public Safety Management helps communities solve critical problems by providing management support to local governments. One of ICMA areas of expertise is public safety services, which encompasses the following areas and beyond: organizational development, leadership and ethics, training, assessment of calls for service workload, staffing requirements analysis, design of standards and hiring guidelines for police and fire chief recruitment, police/fire consolidation, community-oriented policing, and city/county/regional mergers. Performance Measurements The reports generated by the operations and data analysis team are based on key performance indicators that have been identified in standards and safety regulations and by special interest groups such as the International Association of Chiefs of Police, the International Association of Fire Chiefs, the International Association of Fire Fighters, and the Association of Public Safety Communication Officials International as well as and through the Center for Performance Measurement of ICMA. These performance indicators have developed from decades of research and are applicable in all communities. For that reason, comparisons of reports reveal similar reporting formats, but each community‘s data are analyzed on an individual basis by the ICMA specialists and uniquely represent the compiled information for that community. TriData Division, 171 ICMA System Planning Corporation Center for Public Safety Management Methodology The ICMA Center for Public Safety team follows a standardized approach to conducting analyses of police, fire, and other departments involved in providing safety services to the public. We have developed this approach by combining the expertise of dozens of data and operations assessment professionals in the areas of police, fire and EMS. Collectively, our team has more than 100 years of experience conducting such studies for cities in the United States and internationally. We begin most projects by extracting calls for service and raw data from an agency‘s computer- aided dispatch system. The data are then sorted and analyzed for comparison with nationally developed performance indicators (e.g., response times, workload by time, multiple unit dispatching), which are valuable measures of agency performance regardless of departmental size. The findings are shown in tabular as well as graphic form. Our documents generally follow a standard process and rely on standard categories for performance indicators; because of the size and complexity of the documents, this allows for simple, clean reporting. Again, however, the data reported are unique to the city that is the subject of a particular report. In many cases, cities hire ICMA to conduct an operational review alongside a data analysis. In those cases, the performance indicators serve as the basis for the operational review and so the review process also follows a standardized approach, one that is comparable to that of national accreditation agencies. Before an ICMA Center for Public Safety Management team arrives on- site, agencies are asked to compile a number of key operational documents (policies and procedures, asset lists, etc.). Most on-site reviews consist of interviews with management and supervisors as well as with rank-and-file officers and firefighters; attendance at roll calls; and meetings with elected officials. We review call records and observe dispatch operations to ensure compliance with the provided written documentation. From any on-site visits and data assessments that have been conducted, our subject matter experts produce observations and recommendations that highlight the department‘s strengths, weaknesses, opportunities, and threats. We have found that this standardized approach ensures that we measure and observe all critical components of a public service department, which in TriData Division, 172 ICMA System Planning Corporation Center for Public Safety Management turn provides substance to benchmark statistics for cities with similar profiles. We are able to do this because we recognize that while agencies may vary in size and challenges, there are basic commonalities and best practices in use throughout the country, many of which we are able to confirm and enhance through the numerous studies that we have conducted. We liken this standardized approach to the manner of the financial audit: ICMA asks questions and requests documentation upon project start-up; confirms the accuracy of information received; deploys operations teams on-site to research the uniqueness of each environment; performs data modeling and shares preliminary findings with each city; assesses any inconsistencies reported by client cities, and, finally, communicates our results in a formal, written report and occasionally with an in-person presentation hosted by the project team and other key contributors. Our approach has been tried and tested, and we are confident that as public safety issues and best practices evolve as a result of enhanced technology and intelligence and as cities‘ profiles change because of population shifts or other key factors, our approach will remain relevant, effective, and highly successful. ICMA Project Contributors Thomas J. Wieczorek, Director, ICMA Center for Public Safety Leonard A. Matarese, Director, Research and Project Development Kenneth R. Chest, Senior Public Safety Consultant Dov N. Chelst, Senior Quantitative Analyst Gang Wang, Quantitative Analyst Alex Brown, Assistant Program Manager TriData Division, 173 ICMA System Planning Corporation Center for Public Safety Management I. EXECUTIVE SUMMARY ICMA was commissioned to review the operations of the Palo Alto Fire Department with TriData Division. In this particular case, ICMA was tasked with conducting a data review and administrative overview of the department while TriData was tasked with evaluating station locations, overtime, and a number of other departmental functions. The goal of studies was to determine the efficiency and effectiveness of deployment decisions as well as an analysis of the operations of Palo Alto‘s Fire Department. The objective of the operational assessment was to observe, analyze, comment and make recommendations on the structure and organization of the department. The report will suggest technology, the proper staffing levels based on data analysis, existing organization, and work schedules. ICMA‘s review covered the department‘s operations, with particular focus on the appropriateness of its structure and function for achieving outcomes. The analysis of both TriData and ICMA was limited by the inability of another firm to produce a contracted EMS report. Neither firm anticipated a detailed analysis of EMS because of the prior contract; EMS is a major component of the Palo Alto Fire Department and may require additional study. Our work involved a detailed data and operational analysis of the internal workings of the department as well as a review of services to the city. Our data analysis focused on four main areas: calls for service, workload, deployment, and multi-response times. These areas are almost exclusively related to operations, which constitute by far the majority of the department‘s personnel and financial commitment. Although we limited our data analysis to these areas, our operations review considered other areas of the department. This report briefly describes the roles, responsibilities, and relationships within the department as well as its strengths, weaknesses, opportunities and threats that confront it. The report by TriData analyzed functions for both budgetary cost and performance. Based upon our review, we believe that the Palo Alto Fire Department is a professional organization. The limiting factor in continued improvement is the lack of an administrative structure. The success of the department is and will be limited by the inability of the organization to develop a strategic service delivery model. In the absence of sufficient administration, the department reverts to a tactical operation. TriData Division, 174 ICMA System Planning Corporation Center for Public Safety Management The difference between a tactical and strategic operation is that tactically operating departments respond to the call of the day; they do not concentrate on long range planning, developing comprehensive service objectives, or producing qualitative analysis on performance. Strategically operating departments develop long range plans supported by identified goals and objectives with specific assignments to complete the tasks. From a financial standpoint, tactically operating departments are normally more costly because calls for service generate a response; ways of effectively and efficiently meeting the response are often not considered. With the creation of an effective administrative structure, many of the problems that will be identified by both ICMA and TriData will be eliminated or minimized. From discussions with administrative and elected leaders of the community, the desire is to produce effective and quantifiable results. Therefore, the administrative applications of the department must be first improved. Other changes may require contractual negotiation. ICMA recommends analyzing the recommendations of TriData and ICMA with legal staff to determine what changes are necessary and how these changes can take place. We believe that there are opportunities to streamline the organization somewhat, and both ICMA and TriData make recommendations on those organizational changes.  Based on an analysis of the current staff deployment, we believe that the department is adequately staffed. We do not believe that the existing staff is optimally deployed. Overtime is an issue with the department; many normal day to day tasks take place on overtime rather than with reassignment. Additionally, existing staff could better serve the City and Department with promotions and reassignment in the administrative area of the department.  Palo Alto deploys with a focus on fire; the bulk of the department work is in the area of EMS.  The department generates considerable revenue to offset costs for operation. With improved efficiencies, the overall costs of the department can continue to be managed while affording excellent service to the citizen and businesses of Palo Alto. TriData Division, 175 ICMA System Planning Corporation Center for Public Safety Management II. OPERATIONAL ASSESSMENT Like so many other American cities today, Palo Alto, California, is currently facing economic uncertainty requiring the community to ensure that all aspects of municipal government are operating at the highest levels of efficiency and effectiveness. This is particularly critical in the public safety agencies since they often constitute the significant bulk of organizational expenses. In its analysis of the department, ICMA has applied broadly accepted contemporary concepts and principles of organization and management to identify numerous areas where fire department services could be strengthened. While we recognize that there is ―no one right way‖ to organize a fire department and that every department must be structured to meet the specific needs of the community it serves, certain principles of organization have been proven valid over a period of time:  Tasks that are similar or related in purpose, processes, methods, or clientele should be grouped in one unit or several units under the control of one person.  Each individual, unit, and situation should be under the immediate control of one, and only one, individual, thus achieving unity of command.  Each task should be clearly made the duty of an individual; designated individuals should have definitive responsibilities for planning, execution, and control. The individual does not necessarily have to be an officer; tasks can often be completed by rank-and-file members of the department if properly assigned and administered.  Each assignment or duty should carry with it the authority necessary to fulfill the responsibility.  Clear lines of demarcation between the responsibilities of units should be drawn by a precise definition of the duties of each.  Rank should increase one step at each level of the organization‘s structure and be consistent with the duties and responsibilities assigned to the position.  Personnel in supervisory roles should hold supervisory rank.  Qualified civilian employees should staff functions that can be performed by unsworn personnel.  Nontraditional or highly specialized functions should be established only if an ongoing need is demonstrated and the opportunity for sharing service should first be explored. An TriData Division, 176 ICMA System Planning Corporation Center for Public Safety Management example of this is the area of hazardous material response; staffing and responding from a multi-jurisdictional team may more cost effectively provide the service as well as improve the abilities and equipment for the responder. These principles, coupled with the knowledge of the community possessed by the chief and other command personnel, should guide the development and direction of the department. A. Administration The primary challenge facing the department is the establishment of an effective and sufficient command structure. Because of retirements and the lack of succession planning, the administration of the department is overwhelmed. As a result, it has resorted to managing by tactic versus by an agreed upon strategy with corresponding tactics provided to achieve the strategic goals. ICMA and TriData both agree that the current arrangement of overseeing the department by the police chief should be strengthened by creating a ―Director of Public Safety Services.‖ We came to that conclusion after meetings with citizens, elected and appointed officials, and departmental staff. The police chief is currently filling this role and both firms feel that recognizing the value will immediately create additional depth in the administration for the fire department. Serving the director would be a position like that of a fire chief and police chief. By creating a ―Director of Public Safety,‖ one other issue can be immediately resolved: the Emergency Management Department. Those functions are currently shared between police and fire with responsibilities in each and without a clear delineation of function should an emergency occur. By reporting to one person – the director – the emergency management functions can be better coordinated and a more administration developed. Palo Alto has an outstanding Citizen Emergency Response Team (CERT) with volunteers throughout the community. By creating a structure under the director and utilizing both police and fire department resources, the capacity of this unit can be fully realized. Because it is volunteer, it is also cost effective for the city to build the CERT rather than hiring full time personnel. TriData Division, 177 ICMA System Planning Corporation Center for Public Safety Management ICMA and TriData have provided to the city one possible administrative structure; there can be different variations developed that meet the needs of Palo Alto. With the creation of the Director of Public Safety position, policy and procedure can be expanded from existing resources of the police department to cover the fire department. It also frees those in command under the director from these paper-intensive tasks so that the department can move to being strategically deployed. Human resource functions that are now shared between various commands in the fire department should be moved to the city‘s human resources department and coordinated by civilian personnel. Human Resource functions do not require a sworn or command position which frees the existing personnel to better serve the fire department administratively while still affording human resources to employees. During the visit by ICMA and TriData it was noted that the employee testing was being written and created by fire department command. In most cities, these processes are contracted out to firms or use established testing models that can be purchased specifically for the position. Those models have been fully vetted and analyzed so that they meet all legal requirements. The city‘s human resources department could then administer the tests, conduct the background investigations, and produce a listing to the fire department that would contain eligible candidates for open positions. The department would then administer any specific added testing such as the Candidate Physical Assessment Test (CPAT) or staff interviews with a final listing produced for promotions and hiring. This would free up considerable time from the administrators in the fire department and create a better product. B. Training and Education The training and education program of the department is another example of the need to move to a strategy versus a tactical approach. Because there is no administration and strategy for professional development in the department, the task of training has fallen upon the truck company which is often overloaded with calls for service as well as providing for training and education. The impacts of not having a strategic training program are most vividly demonstrated by the lack of a succession planning program. No members of the department have attended the TriData Division, 178 ICMA System Planning Corporation Center for Public Safety Management National Fire Academy, including command, even though this training is among the best provided in the country and is most often presented free of charge. The presence of a national academic institution in Palo Alto provides an opportunity to develop not just a program but a model that other departments could follow for employee development. The strategic goal of the department should be to build leaders for the future which will require considerable time and effort. The department needs to acknowledge and embrace the fact that the majority of its work is in the area of EMS. Hiring and promotional requirements should be amended to require that paramedic status be in place prior to hiring and maintained throughout the employees career. Employees may ―opt out‖ of maintaining their paramedic licenses without a corresponding decrease in salary. Instead, the pay is frozen until employees without the license reach that salary level and it then rises again. Because the majority of time and effort spent by the department is in the area of EMS, persons wanting to be considered for promotion should be capable of functioning not just in fire but in EMS. The option of not maintaining licenses should be eliminated. Because fire is a decreasing part of the workload and service provision of the department, an annual competency testing program should be created to ensure that department members are maintaining their skill sets. In addition, the competency testing should demonstrate that ongoing yearly training is not just maintaining the skills but, ideally, improving the capability of the department to provide service. Employees who do not show competency would undergo remedial training with identified objectives and penalties for non compliance. Examples of excellent training programs can be found in Auburn, Alabama (which uses students from Auburn University), Arlington, Texas, and Ionia, Michigan. C. Facilities There is an adage that ―a fire facility is a tool, not just a shelter‖. The design of a fire facility greatly affects the manner in which an agency operates. The facility provides the right mix of security and accessibility. TriData Division, 179 ICMA System Planning Corporation Center for Public Safety Management The existing administration of the fire department is spread across a number of locations. The city should look at consolidating administration in one location so that information and knowledge can be better shared. By locating administrative services in one area, a team approach is more easily created for resolving problems as well as planning for the future. The only two fire stations with sprinkler protection are those that belong to the university. TriData will provide concepts for consolidation of stations based upon Geographic Information System analysis. There are some issues with storage of equipment and other department assets that should be addressed as part of a strategic plan. A central location with proper security and access should be created so as to ensure purchases are used for the intended purposes along with a current inventory of assets. This type of process does not require a sworn position for oversight; it could also be shared with another city department such as the police department. D. Strategic Service Delivery Because of the lack of administration, the department has reverted to delivering service using a more traditional tactical model. The needs of the community are being met by the professional staff on the department, but staff is stressed to establish long range direction for the future. The department should create a strategic plan that addresses: administration, planning, communication, services, education (both public and employee), resources, and finances. A template for this process can be found in the Center for Public Safety Excellence Fire Accreditation Program. The approach that is used in this model is self-directed but should also be approved by the elected officials of Palo Alto. The department recently replaced many of its front-line engines. ICMA believes that this was an important and critical move but demonstrates the affects of not having a strategy for regular replacement of resources in the department. The six engines recently purchased came at a considerable price – in one lump sum. The average engine lasts 15 or 20 years and, because all were purchased at one time, all may be required to be replaced again at the same time. This type of replacement creates huge spikes that are not going to decrease in future cycles. TriData Division, 180 ICMA System Planning Corporation Center for Public Safety Management A strategic plan would analyze the usage of the vehicles and move engines with high use to stations that have fewer calls as the equipment ages. The high-activity stations would receive replacement engines first and the cycle would move equipment out at an identified point in time. This creates a more manageable financial process and locates the right equipment in the right place at the right time. Similarly, the services delivered by the Palo Alto stations are not analyzed using a risk model. The station that provides service to the accelerator is tasked with the potential of a significant electrical fire yet responds with an engine like those in stations responding to fires in structures. Structural fires rarely face the risk of being energized with thousands of volts of electricity and use water as the extinguishing agent. Water is not suitable for an electrical fire. Equipment should be purchased and located using a risk based model which would also look at what and when calls for service are received. The opportunity for purchasing rapid response vehicles equipped with Compressed Air Foam may better meet the service demands. Studies by Los Angeles fire show the CAF is more efficient and effective than water. Just as this example of equipment demonstrates, a strategy using risk, calls for service, and hazards should be developed for all functions of the fire department. E. Information Technology The completion of the TriData work was hindered by the inability to analyze records of the department. Both ICMA and TriData have found that fire department record systems are not as vigorous as their police counterparts. Police departments must capture and report data accurately or face legal sanctions and dismissal of prosecution. Fire departments, on the other hand, do not face sanctions for errors in reporting or systems that do not capture accurate data. In order to strategically manage the department, accurate data on performance must be captured and be capable of analysis. This analysis should not be like that done by these reports; it needs to be done on a monthly, weekly, or even daily basis. An agency or city cannot improve on something for which they do not have a measurement process. TriData Division, 181 ICMA System Planning Corporation Center for Public Safety Management ICMA and TriData were impressed by the staff managing the CAD system. Improvements need to be made for which there are plans. A system should be created so that data is routinely captured and reported on all activities in the fire department. This data should not be limited to just fire or EMS calls. In order to establish the workload of each unit, station, and shift, all tasks should be measured. These include: building inspections, community programs, equipment maintenance, training, etc. Why these elements of time need to be captured can best be demonstrated with an example of property inspections. The Fargo, North Dakota fire department had stated that they could not inspect all commercial buildings each year; rather, the best they could hope for was one-third of the buildings each year. The new chief established performance measures and began tracking the time that each unit took on inspections and, within one year, had not only inspected all of the commercial structures in the city, but had also inspected a number of other occupancies as well. The importance of data collection is not important just to the fire department. The ability to share data between departments in Palo Alto can reduce redundancies and improve service to citizens and businesses. Often times when the building department is having issues with an occupancy, it is likely that the police may be called more often as well as the fire department or EMS. By regularly reporting and reviewing accurate data both within the department and between departments, these problems can be identified and resolved. Another name for this Computer Statistical process is ―COMPSTAT‖ or ―CITISTAT.‖ COMPSTAT is an abbreviation for computerized statistics whose use started with the New York City Police Department. Los Angeles was recently featured on national news programs because it has used this data to manage the mobile deployment of police resources. A robust COMPSTAT/CITISTAT program could meet weekly to discuss initiatives from a cross-section of all city departments to provide input on any problems or concerns surrounding the community. The meetings should focus on what occurred in the previous seven days, any new or ongoing topics affecting the community, crime trends, and any other outstanding issues. As an option, the city and fire administration may allow citizens‘ groups to attend and provide input on any problems in the community. This will benefit the city‘s community policing approach while also enhancing customer service. TriData Division, 182 ICMA System Planning Corporation Center for Public Safety Management Additionally, COMPSTAT will strengthen managements‘ building blocks, holding all command and first-line supervisors accountable and responsible for their personnel. F. Dynamic Deployment EMS consumes the majority of time for the Palo Alto Fire Department. Time to reach a patient is critical to recovery or successful intervention. The analysis of station locations and travel time conducted by TriData clearly showed the affects of traffic calming and the street network on the efficiency and effectiveness of deployed resources. The data analysis conducted by ICMA also showed that first unit response at the 90th percentile was within the range of national benchmarks established by groups such as the National Fire Protection Association (NFPA) in its 1710 deployment standard. However, second and third units were higher than the recommended ranges. In order to begin patient care in under 10 minutes from the initial call for service or to deploy sufficient resources to allow two firefighters to enter a burning structure (using the two- in; two-out rule of OSHA), 9.1 minutes of time is consumed. This is shown in Figures 10 and 11 of the data analysis portion of this report. The alternatives available to correct this problem include: remove traffic calming, build more stations, deploy with a dynamic model. The first two alternatives would not only be costly, they would likely be met with opposition from neighborhood associations. The third alternative – dynamic deployment – uses data to determine where calls for service are likely to be generated. Research has shown that human beings and communities are quite predictable; calls for service create trends and patterns that can be used predictably to locate resources in the event responders are required. The research has been intensively developed in the United Kingdom over the past nine years to also identify preventive mechanisms that can be taken to eliminate calls altogether. Deploying dynamically would position resources using computer models that would utilize data collected from department records. Because the data is currently not in a form to be easily analyzed, one critical component to success of this strategy would be the creation of a Geographic Information System (GIS)/Technology position. Again, this could be shared with the police department and other city services. TriData Division, 183 ICMA System Planning Corporation Center for Public Safety Management Deploying dynamically reduces the need to build fixed fire stations that may or may not be needed in the future. The city has used a form of this process to staff Station 8 during a portion of the year and for part of the day. The process has been used not just in the United Kingdom but also in the United States, usually by private medical services. In Michigan, Huron Valley Ambulance Company deploys more than 135 units across more than four townships from Detroit west to Jackson. In North Dakota and Minnesota, ambulance service is provided to Fargo and Moorhead using the same technology. Systems have been developed, most recently by Motorola, to continually analyze and locate units. G. Automated external defibrillators (AEDs) AED‘s are portable electronic devices that automatically diagnose the potentially life- threatening cardiac arrhythmias of ventricular fibrillation and ventricular tachycardia in a person and can be used to treat him or her through defibrillation. AEDs are designed to be simple to use with relatively little training and are mistake-proof. Presently, the police department is not involved with the AED applications. The fire department responds as first responders. As stated in an article in Public Management magazine6, ―Often this is because the issue of emergency medical responder believing that responding to medical calls is solely the providence of Fire and EMS departments. And many police chiefs have been reluctant to implement an AED program for various reasons, including officer resistance. (Interestingly, there have been numerous cases where police departments, having implemented an AED program, used the unit to save a fellow officers life).‖ Police and other law enforcement officers have a vital role to play in fighting sudden cardiac arrest (SCA). SCA can happen anywhere, anytime, to people of all ages in all walks of life. In 1999, every police officer in Miami-Dade County was issued an AED and trained in its use. (Miami-Dade police officers have ―take home‖ cars so each police car was outfitted with an AED). The 911 dispatch system was adjusted so that both police and fire rescue units were dispatched to any medical call that may be a cardiac arrest. If police arrived first they carried out TriData Division, 184 ICMA System Planning Corporation Center for Public Safety Management CPR and/or defibrillation, until the arrival of the fire rescue. This practice reduced the response times from 8 to 5 minutes, thus increasing the survival rates. Research has clearly shown that every minute counts: If an AED shock is administered within 3 minutes of collapse, the survival rate can increase up to 74 percent. Reducing response time by even 1 or 2 minutes from collapse to shock can mean the difference between death and survival. Both the city and police administration may want to explore the use and feasibility of AED for the patrol units. Additionally, the municipality may want to institute a community service campaign to identify where an AED may be located throughout the city. This information would be recorded and be available in the public safety CAD/RMS12. If a 911 call is received regarding a SAC, the emergency medical dispatch personnel could provide the AED location and instruction on its use until police and or emergency medical personnel arrive on the scene. H. Alarms False alarm issues are faced by all departments; ICMA has found college towns experience higher rates than average. The data analysis showed Palo Alto responded to 1,714 alarms which consumed an average of 15.6 minutes per response. The total spent on answering alarms was 445 annual and was responsible for 5.5% of the available time. Alarm response was second only to EMS calls for service. ICMA has developed strategic relationships with a number of firms that are applying technology to eliminate one of the leading calls for alarms: smoke from stoves and microwaves. Pioneering Technology has developed a replacement burner for electric stoves and hot plates that reaches a maximum heat temperature sufficient to cook but that minimizes fires. Normal electric ranges and hot plates generate substantially more heat than is required to cook (and consume considerably more energy as a result). The technology developed replaces the burners with ―smart technology‖ that eliminates this danger and saves substantial energy in the process. It has 12 Leonard Matarese, David Limardi, “The Value of Automated Defibrillators Lives On,” Public Management 92 (September 2010 p. 15-17) TriData Division, 185 ICMA System Planning Corporation Center for Public Safety Management been installed not just in college housing, but in many public housing projects across the United States both for cost savings as well as fire minimization. The same firm has also developed electric interruption technology that senses when smoke is being generated in a microwave and shuts down the device. ICMA found one of the leading reasons for alarms in Auburn, Alabama was smoke from burning popcorn in microwaves. The device created by Pioneering Technology senses this smoke before it sets off a room alarm and turns off the microwave. The city and fire administration may want to expand upon their present alarm ordinance to include models which ICMA can furnish. • Inter-departmental interviews: These interviews intend to identify overlapping goals and potential conflicts between departments and the City's various policies and procedures. Discussion The study session is an opportunity to introduce the project consultants, Hort Science,lnc. and Circle Point, to the City Council and the community. The consultants will make a presentation to: • Introduce the key elements of the master plan. These include: o Review and analysis of existing policies and procedures, analysis of street tree inventory, overview of benefits provided by the urban forest, and assessment of historical tree canopy coverage. o Introduction of how Palo Alto can evaluate the sustainability of its urban forest. o Presentation of a "road map" for future management with an eye towards sustainability. o Relationship of City departments to urban forest management. • Discuss the proposed criteria and indicators for maintaining and enhancing a sustainable urban forest in Palo Alto. • Discuss the preliminary results of the online survey. The online informal survey was available on the City's website from January 14 until January 26. Invitations to take the survey were sent via email to a wide variety of community leaders, groups and distribution lists, including elected officials and boards, neighborhood associations, environmental and gardening organizations, development professionals, business groups, and tree industry professionals. Next Step In late March, CALFIRE will preview the draft components as part of the grant requirements. Subsequently, the City will prepare a draft plan that will be reviewed and commented on by the public and reviewing boards, commissions and the Council in the summer of 2011. There will beacommunity meeting as well as a second Council study session prior to preparing a plan for adoption by the City Council. Resources Impacts No Council action on the Urban Forest Master Plan is requested at this time. Funding for the project is provided by: 1. A $66,000 CALFI RE grant; and 2. $93,604 from the City Manager's Contingency Account to be replenished by the Public Works, Utilities, Community Services, and the Planning and Community Environment Departments during the FY 2011 mid-year budget review process February 07, 2011 ·(lD # 1332) Page 2 of4 Policy Implications This project is consistent with the City's sustainability policies and numerous goals, policies and programs in the Natural Environment and Land Use chapters of the Comprehensive Plan, including but not limited to: GOAL N-3: A Thriving "Urban Forest" That Provides Ecological, Economic, and Aesthetic Benefits for Palo Alto. POLICY N-14: Protect, revitalize, and expand Palo Alto's urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource. PROGRAM N-16: Continue to require replacement of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. PROGRAM N-19: Establish one or more tree planting programs that seek to achieve the following objectives: • A 50 percent tree canopy for streets, parks, and parking lots; and • The annual tree planting goals recommended by the Tree Task Force and adopted by the City Cou ncil. PROGRAM N .. 20: Establish procedures to coordinate City review, particularly by the Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. POLlCY:N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. POLICY L-70: Enhance the appearance of streets and other public spaces by expanding and maintaining Palo Alto's street tree system. POLICY L-76: Require trees and other landscaping within parking lots. Environmental Review This is an information only item and environmental review is not required. It is anticipated.that the Urban Forest Master Plan will be categorically exempt from the California Environmental Quality Act (CEQA). COURTESY COPIES Catherine Martineau, Canopy ATTACHMENTS: • Attachment A: CMR 415:10 February 07, 2011 (ID # 1332) (PDF) Page 3 of4 Prepared By: Department Head: City Manager Approval: February 07, 2011 (ID # 1332) Gloria Humble, Senior Planner Curtis Williams, Director James Keene, City Manager Page 4 of4 TO: HONORABLE CITY COUNCIL FROM:· CITY MANAGER , DATE: NOVEMBER 22, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 415:10 SUBJECT: Approval and Authorization for the City Manager or his Designee to Execute the Attached Contract wi'th HortScience, Inc. (Attachment A) bl the Amount of $159,604 for the Development of an Urban Forest MasterPlan . EXECUTIVE SUMMARY In 2008, the City l'eceived a $66,000 grant from the State (CalFire) to provide partial funding for preparation of an Urban Forest MasterPlan for the City. Staff issued a Request for Proposals (RFP) for the preparation of the plan in 2010. Staff is recommending selection of HortScience to prepare the master plan at a cost not to exceed $159,604, based on a'work program developed by staff, Canopy, and the consultants. Staff requests that the City Council authorize the City Manager to execute the attached contract. RECOMMENDATION Staff recommends that Council: 1. ApPl'ove and authorize the City Manager 01' his designee to execute the attached contract with HortScience, Inc. (Attachment A) in the amount of $159,604 for the development of . an Urban Forest Master Plan. 2. Approve the use of $93,604 from the City Manager's Contingency Account to fund the" amount not covered by the grant to be replenished by the Public Works, Utilities, Community Services, at:1d Planning and Community Environment Departments during the FY 2011 mid-year budget review process. BACKGROUND The Palo Alto community has long been aware of the need to proactively preserve and enhance the city's urban forest. In 1993, the City Council appointed a Tree Task Force to make recommendations and in 1995 the Council adopted their recommendations including: • The creation of a non-profit tree group. In 1996 Canopy was established to serve as the community's resource on tree .. related matters as well as act as the City's advisor and partner for tree planting and tree care activities. . CMR: 415:10 Page 1 of5 • The development of a Tree Protection Ordinance. In 1996, the Council adopted the Tree Protection Ordinance which established criteria for "protected" trees, which cannot be removed without City approval. In 1998, the cun'ent Comprehensive Plan was adopted, including several goals, policies, and programs to preserve, maintain, and .enhance the city's U1'ban forest. On Earth Day 2006, Council directed staff to create a new Street Tree Management Plan to implement the Comprehensive Plan goals and policies. . In 2001, the City collaborated with Canopy to apply for" a grant from CALFIRE to help fund the development of the Master Plan. In August of 2008, the grant was awarded; however, due to staffing reductions and state budget constraints, the preparation of the master plan was delayed. In late 2009, the removal of the street trees on California Avenue ftnther underscored the need for a master plan. In the spring of201 0, the City assembled a team, including staff as well as Canopy, to oversee the preparation of the master plan. DISCUSSION The Ui'ban Forest Master Plan is an important component of the City's Sustainability Program . that will establish the tn'ban forest as an asset that must be preserved and renewed; it will.provide a road map to accomplish that goal. The future of Palo Alt9's urban forest is seriously threatened by many factors, such as water restrictions, the installation of fiber optics, and on-going development that affect Palo Alto's tree canopy every day. A master plan is needed to help the City conserve, renew, and monitor its urban forest and will identify how to minimize conflicts between retention of the urban forest and construction of development and infrastructure projects, as well as the City's continued maintenance and operational needs. In late July, a Request for Proposals (RFP) was circuhited for the preparation of the Urban Forest Master Plan with the following objectives: 1. Ensure that the City has an accurate and complete picture of its urban forest 2. Establish the urban forest as an asset 3. Establish the importance of the urban forest to the City's sustainability goals 4. Provide a road map for effective and efficient management th~t employs best practices and latest advancements 5. 'Consolidate resources (internal and external) 6. Engage the community as stewards of the urban forest 7. Provide a monitoring plan Number of proposals received 4 Number of firms interviewed 3 Range ofproposal8.!Ilounts $69,000 to $239,000 Proposed length of project 9 months The review panel for the proposals was composed of the City'S Public Works and Planning arborists and the Executive Director of Canopy .. The panel evaluated four proposals and interviewed three of the bidders. At the interviews, the panel reinforced its expectations that the document will provide for inter-departmental protocols as a resource for staff, a thorough understanding of probable-future· water-conservation mandates, and a flexible response to such CMR: 415:10 Page2of5 environmental ~hanges-including the role of the City's recycled water program. The interviews ~stablished that some components of the Palo Alto Urban Forest Mastel' Plan would be unprecedented based"on the consultants' previous experiences. Based on their proposal, experience, and interview, HortScience was determined by the panel to be uniquely qualified to help the City develop a plan for sustaining the urban forest. In the tree industry, HortScience stands out as one of the world's premier academic and technically advanced consulting firms. Staff believes that HOl1:Science, brings the needed level of , arbol'icultural expertise to all aspects of the project. The panel believes that use of any of the other eonsultants would result in City staff needing to prepare at least some components of the Urban Forest Master Plan, e.g., the urban forest sustainability program and an adaptive management program for our recycled ,water program. HOltScience pUblications illustrate a match between their expertise and the objectives of the Master :plan. Two particularly significant projects completed by Ms. Matheny and Mr. Clark, principals of the firm, are: 1. Development of a model for the assessment of urban forest sustainability through a grant from the USDA -Forest Service (Attachment B). Implementing the model for Palo Alto will provide: ' a. A community .. specific template for managing the City's urban forest and monitoring its sustainability h. A sustainability scorecard that can be used throughout the community to continually assess progress towards attaining specified goals 2. Development of the Water Use Classification of Landscape Species. The proposed work plan includes a comprehensive analysis of the water use and salt toleranC'e of tree. species. Using this classification system will provide the City with state-of-the-art information to meet state goals for water conservation. Additionally, HortScience is currently under contract with the Utilities and Public Works Departments to provide expertise in the use of recycled water for landscape irrigation. HortScience's expertise regarding Palo Alto's recycled water challenges will streamline permitting;' alleviate conflicts between departments and guide the process to avoid costly mistakes. FinB;l1y, staffs expeltise will be enhanced by working with HortScience on the project. Staff has negotiated the attached contract (Attachment A) with HortScience for the development of an Urban Forest Master Plan that will cost $159,604. . The project will also include: 1. Inter-departmental interviews by the consultant. 2. Significant public outreach, including: • A community-wide survey to gather input • A City Council Study Session early in the process to provide broad policy direction CMR: 415:10 . Page 3 of5 • A City Council Study Session at the end of the process to discuss the draft Master Plan • Two community meetings to discuss the draft Urban Forest Master Plan RESOURCE IMPACTS Funding for the project is provided by: 1. A $66,000 CALFlRE grant; and 2. $93,604 from the City Manager's Contingency Account to be replenished by the Public Works, Utilities, Community Services, and the Planning and Community Environment Departments during the FY 2011 mid-year, budget review process. POLICY IMPLICATIONS This project is consistent with the City's sustainability policies and numerous goals, policies and programs in the Natural Environment and Land Use chapters of the Comprehensive' Plan, including but not limited to: GOAL N-3: A Thriving "Urban Forest" That Provides Ecological, Economic, and Aesthetic Benefits for Palo Alto. POLICY N .. 14: Protect, revitalize, and expand Palo Alto's urban forest through public education, sensitive regu~ation, and a long-tenn financial commitment that is adequate to pro~ect this resource. PROGRAM N-16: Continue to require replacement. of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. PROGRAM N-19: Establish one or more tree planting programs that seek to achieve the following objectives: • A 50 percent tree canopy for streets) parks) and parking lots; and • The annual tree planting goals recommended by the Tree Task Force and adopted by the City Council. PROGRAM N-20: Establish procedures to coordinate C~ty review, particularly by the Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. ~OLICY N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. POLICY L-70: Enhance the appearance of streets and other public spaces by expanding and maintail)ing Palo Alto's street tree system. . POLICY L-76: Require trees and other landsca.ping within parking lots. ENVIRONMENTAL REVIEW Approval of this contract is not considered a project subject to the.requirements of the California Environmental Quality Act (CEQA). CMR: 415:10 Page4·of5 CITY OF PALO ALTO CONTRACT NO. Cl1137721 . AGREEMENT BETWEEN THE CITY OF PALO ALTO AND HORTSCIENCE, INC. FOR PROFESSIONAL SERVICES PROVIDE URBAN FOREST MASTER PLAN This Agreement is entered into on this 23rd day of November, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and HORTSCIENCE, INC., a California Corporation, located at 2150 Rheem Drive, Suite A, Pleasanton, CA 94566, (PH) (925) 484~0211 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement an Urban Forest Master Plan in conjunction with other environmental initiatives ("Project") and desires to engage a consultant to provide an Urban Forest Master Plan for this Project. e'Services'} B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit ~'A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The tenn of this Agreement shall be from the date of its full execution through August 30, 2011, unless te~inated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the tenn of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement 1 Professional Services Rev. June 2, 2010 S :\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHY\Contra cts\Cl1 137721-Hort Science\Contract Cll137121 HORTSCIENCE. Inc.doc shall be commenced and completed by CONSULTANT in a reasonably prompt and timely marmer based upon the circumstances and direction communicated 'to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit" A", including both payment for professional services and reimbursable expenses, shall not exceed One Hundred Fifty Nine 1i'housand Six Hundred Four Dollars ($159,604.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred Fifty Nine Thousand Six Hundred Four Dollars!·($159,604.00). The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled "FEE and RATE SCHEDULE," which is attache~ to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services descri\>ed in Exhibit "A" . . SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C .. l "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or lUlder CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and teclmical personnel necessary to perfonn the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform 2 Professional Services Rev. June 2.2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cl1137721-Hort Science\Contract Cll137721 - HORTSCIENCE, Inc.doc Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all char~es and fees, and give all 'notices required by law in the performance of the Services. SECTION 8. ·ERRORS/OMISSIONS. CONSULTANT shall correct, atno'costto CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered pri<?r to and during the course of construction of the, Project. This obligation shall survive tennination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of desigri submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) . of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorPorate CITY approved recommendations, and' revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSUL T ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULT ANT's obligations hereunder without the prior written consent of the. city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. ~Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used· to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: CirclePoint, Inc. CONSULTANT shall be responsible for directing the work of any subconsultants and fef any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of the city manager or his designee. Professional Services 3 Rev. June 2. 20JO S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER·CM FOLDBRS\KATHY\Contra cts\Cl1137721-Hort Science\Contract Cll137721 - HORTSCIENCE. Inc.doc SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jim Clark, Vice President, as Project Manager, to have supervisory responsibility for the performance, progress, and. execution of the Services and to represent CONSULTANT during the day-to~day work on the :project. If circumstances cause the substitution of the project manager, or any other key personnel for any reason, the appointment of a substitute project manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion oft~e Project or a threat to the safety of persons or property. The City's Project Manager is Gloria Humble, Planning and Community Environment Department, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: (650) 329-2596. The Project Manager will be CONSULTANT's point of contact .with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings,plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes ~l claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION IS. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during ·the term of this Agreement ~d for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. IZI[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all . -costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is ca¥sed in part by an Indemnified Party. Professional Services 4 Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATlONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl 1 137721-Hort Science\Contract Cll137721 • HORTSCIENCE, 'Inc. doc o {Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or irijury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to perfonnance or nonperformance by CONS'VLTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 162. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the aotive negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early tennination of this Agreement. SECTION 17 • WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agr~ment, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perfotto Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificate~ will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire tenn of this Agreement. 5 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLIClTATIONS\CURRENT BUYER-CM FOLDERS\K.ATHy\Contra cts\Cll 1 37721-Hort Science\Contract C11137721 - HORTSCIENCE. Inc.doc 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwiths.tanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage~ injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising atter the Agreement is terminated or the tenn has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or tenninate th~s Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19 .2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.'3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, ifany, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the S~rvices rendered or materials delivered to CITY in accordance with the scope of services on or before the effeqtive date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULT ANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. No payment, partial payment, acceptance, or partial accepta,nce by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 6 Professional Services Rev. June 2. 20 10 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·eM FOlDERS\KATHy\Contra cts\ClI137721·Hort Science\Contract Cll137721 - HORTSCIENCE, Inc,doc " '_. With a copy to the Purchasing Manager To CONSULTANT: Attention of-Jim Clark, Vice President, at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will n<;>t employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies'that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this,provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. . SECTION 22 .. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Envirom;nentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waSte; second, reusing waste and third~ recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double .. sided and printed on a minimum of 300/0 or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional 1 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER~CM FOLDERS\KA THY\Contra cts\Cl1137n I-Hort Science\Contract Cl1137721 - HORTSCIENCE. Inc.doc printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the· City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from . the facility accepting the pallets to veri~ that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiScal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any tune within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a ~onflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State ofCalifomia. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attomeysemployed by it as well as any attorneys' fees paid to third parties. 25~4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants~ terms, conditions and provisions of this Agreement will apply to, and will bind~ the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any proyision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. g Professional Services Rev. Iune 2,2010 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-CM FOLDERS\KATHy\Gontra cts\C 11137121-Hort Science\Contr&ct C11137721 - HORTSCIENCE, Inc.doc 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Information"), . CONSULTANT shall maintain reasonable and appropriate security procedures to' protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security'ofthe system or in the security of the Personal Information. CONSULTANT shall not use Personal Infonnation for direct marketing purposes without City's express written consent. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 9 Professional Services Rev. June 2. 2010 S:\ASD\PURCH\SOLlClTATIONS\CURRENT BUYER -CM FOLDERS\KATHy\Contra cts\Cll137721-Hort Science\Contract Cl1137721 _ HORTSCIENCE, Inc.doc EXHIBIT "A" 1. SCOPE OF SERVICES The key element of the work plan is urban forest sustainability. CONSULTANT shall-use the model for sustainable urban forests developed by HortScience, Inc. as the starting point, modifying it to provide Palo Alto with a community specific template for managing its urban forest and monitoring its sustainability. In so doing, CONSULTANT shall meet all of the project's objectives, respond to the each of the requested services and provide the project deliverable. The model of urban forest sustainability arose from a national project that HortScience prepared for the USDA Forest Service National Urban and Community Forestry Advisory -Council. The model describes 20 criteria essential to a sustainable urban forest. These criteria fall into three broad categories (Table 1, below): characteristics of the vegetation in the community., the community framework, and resource management. For each criterion, the model describes levels of performance -indicators that can be used to assess the current condition. The model was tested for over 20 cities in the U.S., and has been adapted for use in a number of countries, states and communities. For example., the model is one of the foundational elements of Sacramento Tree Foundation's Greenprint Initiative. CONSULTANT's project approach is based on adapting the model of urban forest sustainability to Palo Alto, using the following steps: 1. Compile policies and information about Palo Alto's urban forest, leading to analysis of the current statns, chaUenges and opportunities. 1.1 City Policies & Documents • Comprehensive Plan (relevant sections). • Municipal Code (tree & zoning sections). • Tree Technical Manual. • Climate Protection Plan. • USDA N. Calif. Coast Community Tree Guide. • Cal Green. • California PUC Section 4799.06 .. 4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications / changes may be required). • California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. Professional Services 11 Rev June 2,2010 S:\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER -CM FOLDERS\KATHy\Contra cts\CII137721·Hort Science\Contract Cll137121 - HORTSCIENCE. Inc.doc • Tree management (public, private, utility) funding status and' history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape Irrigation. • Swnmarize findings (including where modifications I changes may be required). California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • PaIo Alto Sustainability plan. Identify the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Qther City policies, procedures~ agreements that relate to tree and urban forest manage~ent. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications I changes may be required). 1.2 Department interviews • Working with the project team, identify participants to interview, prepare background information related to urban forest and tree management. , Prep (id participants, prepare script). • Summarize fmdings in the context of several questions. Who manages I interacts with trees in Palo Alto? What conflicts exist between public agencies with respect to tree management? What opportunities exist? • Develo~p recommendations, using relevant examples, for improvement. 1.3 Public Tree Inventory • Confer with the city's urban forestry staff to review the current tree management effort, how the inventory is used, strengths and weaknesses of the existing information, and any needed changes. • Review current status of TreeKeeper. Evaluate and analyze results. • Review plan for STRATUM I iTree Streets analysis of existing public trees. Evaluate and analyze results. • Review California Urban Forest Council Urban Forest Master Plan Toolkit for ways to incorporate into Palo Alto's plan. 1.4 Preferred Tree Species list • Evaluate existing list with reference to tolerance to drought & recycled water. • Modify existing list to reflect changes including expansion of criteria for use. • Prepare revised I expanded list. 1.5 Urban forest assessment • Research methods to assess existing and historical tree canopy coverage in Palo Alto. • Research cost and requirements to undertake UFORE I iTree Eco Professional Services 12 Rev June 2, 2010 S:\ASD\PURCH\sOLICrr ATIONS\CURRENT BUYER-CM FOLDERS\KA THy\Contra cts\Cll137721-HQrt S()ienoo\Contract Cll137721 - HORTSCIBNCE.lne.doc analysis in Palo Alto. • Summarize findings with a goal of providing a historical comparison of existing tree 2. Create Urban 'Forest Sustainability t~ol for Palo Alto. . • Assess the existing model in the context of Palo Alto's specific situation. Identify current research and tools applicable to a sustainable urban forest in Palo Alto suc~ as LEED programs, the Sustainable 'Sites Initiative, ~nd California's 20x2020 Water Conservation Plan. Incorporate into the model. Discuss changes with City staff to assess practicality . • Create a revised model of urban forest su~tainability specific to the City of Palo Alto~ Modify the model's criteria and performance indicators to reflect the local conditions. Verify revisions with the project team. • Test the Palo .Alto model to establish the current state of sustainability. To the .extent possible, reflect on the process by which Palo Alto reached this condition. Identify opportunities and constraints for enhancing urban forest sustainability in the short-and long-tenn. • Review findings with the project team. Revise model as needed. Provide examples of the model's use in urban forest management (as noted in the Project Deliverable section of the RFP). • Provide the sustainability tool in a format that can be updated/modified by the City 'qf Palo Alto. 3. Enhance Public and Private Tree Management • Identify key issues with project team, based on the analysis of City-wide policies and procedures. • Project team to provide situations/topics where inter-department protocols are needed. • Develop draft protocols to address existing challenges. • Review current draft of Public Tree Management Plan and current edition . of Tree Technical Manual. Suggest new topics based on results from Task # 1.1 and 1.2. 4. Public Outreach and Coordination • Working with the project team, develop outreach strategy, identify stakeholders and plan for meetings. • Develop Fact Sheet(s) / Information Brochure(s) regarding managing a sustainable urban forest. Possible target audiences include citizens, institutionalland .. owners, retail nursery and garden centers, and the development community. • Consult with City's sustainability manager re: incorporating fmdings into City policies & website. • Create two web pages dedicated to the Urban Forest Management Plan and regarding trees in Palo Alto in general (species, numbers, history, with information on how community members can support it). . • Prepare a template' and draft powerpoint presentation for the project team's review. Professional Services 13 Rev June 2, 2010 S:\ASD\PURCH\SOLICIT A TlONS\CURRENT BUYER--CM FOLDERS\KA TIIY\Contra cts\Cl 1 137721 ~Hort Science\Contract C11131721 ~ HORTSClBNCE, Inc. doc . . • Undertake two study sessions with the Palo Alto's City Council 5. Develop Urban Forest Master Plan • Prepare a detailed sunimary of Palo Alto's Sustainable Urban Forest model with criteria and performance indicators specific to the community and practical in nature. The final model will be one that can be modified over time, utilizing new information as well as results of management decisions. • IndentifY the sustainable urban forest "scorecard" as the monitoring model to . be used by City departments and stakeholders with respect to urban forest management. The scorecard serves as a tool for assessing how decisions influence urban· forest sustainability. • Finalize Preferred Species List. • Incorporate the findings into a draft report to be enhanced by CirclePoint who will: 1) translate/modify technical text to a non-technical form, 2) standardize text with the City's Sustainability Plan, 3) enhance plan layout and design and 4) copyedit the document. • Incorporate cofrunents from the Palo Alto project team (prior to further circulation). • Incorporate comments from City departments, elected officials and other stakeholders (distribution to be determined by project team). • Finalize document. Provide an electronic copy in a format that can be used by the City. 6. Manage the project • Attend a kick-off meeting with project team. • Attend progress meetings with City of Palo Alto team (10 over the courseof the project). • Conduct internal team meetings (4 over the course of project). • Provide for internal management. The model incorporates the project's objectives and deliverable in a direct and comprehensive manner. At the end of the project, the City of Palo Alto will possess to well-founded, locally- adapted tool to assess the current state of its urban forest, provide steps to move forward, and allow re-assessment in the future. Table 1: c===. ________________ T_a~b~l~e~1~.C~r~it~e~ria~fo~r~a~S~u~s~ta~i~na~b~le~U~rb~a~n_F~o~~~s~t_. __________________ ~ Professional Services 14 Rev June 2,2010 S;\ASD\PURCH\SOUClT A TlONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra. ots\Cll137721·Hort Science\Contract Cl1131721 • HORTSCIENCE. Inc.doc Vegetation Resource. Canopy cover Age -distribution of trees Species mix Native vegetation Community Framework Public agency cooperation Private and institutional land owners Green industry cooperation Neighborhood action Citizen -government - business General awareness of trees Regional cooperation Resource Management City-wide management plan City-wide Funding City Staffing Assessment Tools Protection of Existing Trees Species and Site selection Standards for Tree Care Citizen Safety Recycling Achieve climate-appropriate tree cover, community-wide. Provide for uneven age distribution. Provide for species diversity. Maintain the biological integrity of native remnant forests. Maintain wildlife corridors to and from the city. Insure all city departments operate with common goals and objectives. Large private landholders embrace city- wide goals and objectives through specific resource management plans. The green industry operates with high professional standards and commits to city-wide goals and objectives. At the neighborhood level, citizens understand and, participate in'urban forest management. All constituencies in the community interact for the benefit of the urban forest. The general public understands the value of trees to the community. Provide for cooperation and interaction among neighboring communities and regional groups. Develop and implement a management plan for trees on public and private property. Develop and maintain adequate funding to implement a city-wide management plan. Employ and train adequate staff to implement a city-wide management plan. Develop methods to collect information about the urban forest on a routine basis. Develop methods to collect information about the urban forest on a routine basis. Provide guidelines and specifications for species use, on a context-defined basis. Adopt and adhere to professional. standards for tree care. Maximize public safety with respect to trees. Create a closed system for tree waste. Professional Services 15 Rev June 2.2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\C<intra cts\Cl1l31121-Hort Science\Contract Cll131721 • HORTSCIENCE, Inc.doc November 2010 D~c~mber 2010 January 2011 February 2011 March 2011 April 2011 May 2011 June 2011 July 2011 EXHIBIT·B SCHEDULE OF PERFORMANCE Project team assembles background documents. Project team consults with City staff and elected leaders regarding the proj~ct, interviews, protocol topics, web page design, and study sessions. Project approved by Council. Kick-off meeting (week of November 29). Review documents. Priority to be determined by project team. Develop survey draft. Prepare first inter,,:, department protocol. Schedule interviews. Research urban forest assessment information. Conduct inter-department interviews (after January 12). Use draft protocol as point of departure. ~ummarize findings. Create list of recommendations including protocol topics. In1tial review of Tree Technical Manual & Public Tree Management Plan. Summarize analysis and recommendations. Present draft sustain ability model for project team review_ Review urban forest assessment findings. Determine next steps. First study session with Council. Review project and scope. Discuss urban forest sustainability model and protocols. Send protocols for inter~department review. Present draft Urban Forest Management Plan to project team for review. Includes Tree Species list. Present revised draft Urban Forest Management Plan for review. Present draft brochurel information sheet. Finalize Urban Forest Management Plan. Second study session with Counci1~ Present Plan. Professional Services 1 6 Rev June 2, 2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl1137721-Hort Science\Contract Cll131721 • HORTSCIBNCE. Inc.doc EXlHBIT "e" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and completed to the reasonable satisfaction of the CITY, as described in Exhibit A, Scope of Services, a fixed, not-to-exceed price for professional services of One Hundred Fifty Nine Thousand Six Hundred Four Dollars ($159,604.00). The budget is based on the following task costs: ·1. Compile policies and infomlation about Palo Alto's urban forest, leading to . analysis of the current status, challenges and opportunities. 1.1 City Policies & Documents 1.2 Department interviews 1.3 Public Tree Inventory 1.4 Preferred Tree Species list 1.5 Urban forest assessment 2. Urban Forest Sustainability tool for Palo Alto. 3. Inter-department protocols for tree management. 4. Public Outreach and Coordination. 5. Utban Forest Master Plan. 6. Project management. Sub-total, labor Estimated expenses (10%) Budget Total $43,940 $ 7,520 $15,770 $33,530 $32,230 $21,640 $154,630 $4,974 $159,604 Fee of$1,200 per meeting is based on attendance by Jim Clark, project manager and lead consultant. CITY reserves tbe right, at its option, to move budgeted money from one task to another Task, as the City's Project Manager deems necessary. CONSULTANT can only reallocate Funds from one task to another upon receiving approval from City's Project Manager. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Reimbursables Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, signage or other items not included herein. Travel, computer and phone charges shall be considered as included in the CONSULTANT overhead costs. Any needed office ~paces or related supplies shall be provided by CONSULTANT and shall be considered to be included in the Scope of Services above. Professional Services 1 7 Rev June 2, 2010 S:\ASD\PURCffiSOLlClTATIONS\CURRENT BUYER~CM FOLDERS\KA THy\Contra cts\C 11137121-Hort Scienoo\Contract Cl1137721 • HORTSCIENCE. Inc.doc EXHIBIT "e .. l" ScliEDULE OF RATES The following hourly rates are effective through December 31,2010 and subject to escalation in January 2011. FIRM HortScience, Inc. CirclePoint POSITION Professionals Principal Consultant Arborist Technician Clerk Principal Senior Project Manager Project Manager Senior Associate Associate Assistant/Coordinator Clerical Creative & supportive services Creative Service Director Art Director Senior Graphic Designer Graphic Designer CopywriterlEditor IT Director IT Support Accounting M'anager Accounting Clerk Related Services & Reimbursables Copies In House $0.10 per page HOURLY RATES $165 $140 $85 $85 $40 $240 $180 $140 $120 $95 $75 $60 $200 $150 $85 $70 $100 $175 $75 $130 $70 Color Prints/Transparencies Duplication - In House $1.50 .. $1.75 per copy Outsourced at cost Faxes Postage at cost Phone at cost Mileage Per IRS Allowable Vendor & Sub-consultant Services $0.60 per page 10% mark up for administration Professional Services 18 Rev June 2. 2010 S:\ASD\PURCH\SOUCIT A TIONS\CURRENT BUYER~CM FOLDERS\KA THy\Contra cts\Cll137721·Hort Science\Contract Cll137721 - HORTSCIENCE, Inc.doc EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITy). AT THEIR SOLE EXPENSE, SHALL FOR THBTERM OF THECONTRAcr OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECiFIED BELOW. AFFORDKD BY COMPANIES WITIIAM . BEST'S KEY RATING OF A~:VII. OR H1GHER. LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. . AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW' . . MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LlABlLlTY STATUTORY BODILY INJURY $1.000,000 $1,000,000 GENERAL LIABILITY, IN~Lt:JDINO PERSONAL INJURY. BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACfUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABH..ITY COMBlNED. BODILY INJURY $1.000.000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBll..E LlABILITY. INCLUDING ALL OWNED. HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000.000 BODILY INJURY AND PROPERTY $1,000.000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDlNO, ERRORS AND OMfSSIONS. MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCB ALL DAMAGES $1.000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND BFFECfTHROUOHOUTTHE ENTlRETERMOF ANY RESULTANT AGREEMENT. THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY. BUT ALSO, WITH TIlE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONALlNSURANCE~NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. 1. 1NSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITtEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIAB1LITY ENDORSEMENT PROV1DING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPRO V AL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COYERAGE WITH RESPECT TO CLA1MS ARISING OUT OF THE OPERATIONS OF THE NAMED INSUREDt INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTlNG WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS Professiollsl Services 19 Rev June 2,2010 S:\ASD\PURCmsOLlCITATIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\CI'1137721-Hort Seience\Contract Cll137721 - HORTSCIBNCE. Inc.doc I ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS. SHALL NOT INCREASE THE TOT AI.. LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, 1lIE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTNE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services 2 0 R-ev June 2,2010 ' S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER-CM FOLDERS\KA THY\Contra cts\Cl 1 137721-Hort Science\Contract Cll137721 - HORTSCIENCE. Inc.doc Journal of Arboriculture 23(1 ): January 1997 Attachment B11 A MODEL OF URBAN FOREST. SUSTAINABILITY by James R. Clark, Nelda P. Matheny, Genni Cross and Victoria Wake Ab8tract. We present a model for the development of sustainable urban forests. The model applies general princlple8 of 8ustainablllty to urban tre9S and forests. The central tenet of the model is that sustainable urban forests require a heallhy tree and forest resouroe, community-wide support and a comprehensive management approach. For eaoh of these components, we present criteria and Indloators for assessing their status at a given point in time. The most sfgnlflcant outoome of a sustainable urban forest fs to maintain a maximum level of net environmental. ecological, 80clal. and economic benefits over time. Creation and management of urban forests to achieve sustalnabitfty is the long .. term goal of urban foresters. The notion of' sustainability in urban forests is po.orly defined In both scope and application. Indeed, the question of how to define eustainabillty, and even whether it oan be defined, is an open one (9, 12). At a simple leve), "a sustainable system Is on'8 which survives or persists" (5). In the context of urban forests, such a system would have continuity over time In a way that provides maximum benefits from the functioning of that forest. Since there is no defined end point for sustalnabillty, we assess sustainabHity by looking backwards, in a comparative manner (5). In urban' forests, we measure the number of trees removed against those replanted or regenerated naturally. In so doing, we assess progress towards a system that "survives or persists." Therefore, our Ideas of sustainability are "really predictions about the future or about systems •.. (5)." . This paper presents a working model of sustainabllity for urban forests. We describe ,specific criteria that can ~e used to evaluate sustainabifity, as wen as measurable indicators that allow ·assessment of those oriteria. In so doing, we accept sustainabillty as a process rather than a goal. As suggested by Kaufmann and Cleveland (12) and Goodland (5), we consider social and economic factors as well as natural science. Goodland believed that "general sustainabllity will come to be based on all three aspects" (social, economic and environmental), Maser (14) described sustaf~abi'ity as the "overlap between what is ecologically possible and what is Socjetally desired by the cur~ent generation", recognizing that both will change over time. Therefore, our approach Integrates the resource (forests and their component trees). with the people who benefit from them. In so dOing, we acknowledge the complexity of both the resource itself and the m.anagement programs that influence it. We also .recognlze that communities will vary In both the ecologioal possibilities and societal desires. Defining SU8talna~I.llty In developing a model of susta1nable urban . forests, we first examined how other sustainable systems were defined and described. Although we have concentrated on forest systems, other examples were considered. While some prinCiples. of sustainable systems were directly applicable to urban forests, others require modification or were in conflict with the nature of urban forests and forestry. . T~e Brundtland Commission Report (21) has g~merally setved as the starting point for disQu8sion about sustainable syatems. It defined sustainable forestry as: "Sustainable fores.try means manag.ing our forests to meet the n~eds of the present without compromising the ability of future .generatlons to meet their own needs by practicing a land stewardShip ethic which . Integrates the growing, nurturing and harvesting of trees for useful products with the 9Qnservatlon of soli, air. and waterqualily, and wildlife and.flsh habltat.1t Both Webster (22) and Wiersum (23) examined this deflnitiQn from the perspective of forest management. They recognized that issues of what is to be sustained and how sustainability Is to be implemented are unresolved. Wiersum ( 23) acknowledged the historical focus on sustaining yield and Its recent broadening to sustainable management. Webster (22) suggested a need for focus on the issue of scale: the size of the area or space to be Included. Further refinements in the Brundtland Commission's definition of sustainability were made by Salwasser (16) and Sample (17). Salw8sser (16) described sustainability as: "Sustainabllfty means the ability to produce andl or malrita,ln '8 desired set of cQnditions or things f.or some time into the future, not necessarily forever." . Salwasser (16) included environmental, economic and community' based components, acknowledging that sustainability is not simply a resource maHer. He also stressed that the goals and objectiv~s for forest' management cannot exceed the biological capacity of the resource, now and Into the future. Sample (17) focused more closely on forest management, emphasizing' the need for shared vision among diverse property owners. hi a workshop on ecosystem management, Sample described sustainable forestry as: "Management and p ractioes which are sln'l'ulta"neously environmentally sound, eoonomlca1ly viable and soolally responsible!' Some defi'nitions of sustainable forests are not ' directly applicable to urban settings. For example, the description presented at the conference on ~ustainable' Forestry (18) included comments aboUt capacity for self· renewal. Since regeneration of urban forests must occur in a directed. location .. specific manner, use of such a definition is inappropriate. 'Other definitions consider ,the goal of sustainable forests in a manner inconsistent with our conCept of urban forests. Thompson st al. (20) described sustalnability as "programs that yield "desired environmental and eoonomic benefits wlth'out wasteful, Inefficient design and practices. tJ While these authors were interested in urban settings, their approach was limited to municipal forestry programs rather than city-wide processes or results. Dehgf et al. (6) focused on California's native Monterey pine forest and restricted their definition of sustainability to that system. Clark at al.: Urban Forest Sustalnability, Moreover, their interest was limited to sustaining the "natural dynamic genetic process." In another: approach, the American Forest and Paper Association's Sustainable Forestry Initiative (1) is largely aimed ,at Industrial forest practice and products. This focus on industrial forestry seems largely incompatible with urban environments. Given the examples noted above, the role of humans in sustainable systems (including fore~ts) is generally accepted. However, Botkin and Talbot (2) (as criticized by Webster)' argued that sustainable develop'ment of tropical forests requires non"disturbance by humans. Again, thf$ idea is incompatible with urban forests. Applying Concepts of Sustainable Foreata to Urban Forests In moving the concepts of sustainable development of forests towards implementation and practice. Webster (22) raised several significant questions. We have considered thes~ questions from the urban forest perspective: What objects1 conditions, and values are to be ' sustained? In urban areas, we focus on sustaining net benefits of trees and forests at the broadest level. We are sustaining environmental quality, resource conservation, economic development, psychological health, wildlife habitat, and social welll"being. What is the range of forest activities tnst contribute to sustainable development? Simply put, urbanforestsrequira a broad set of activities,. from management of both single trees and large stands to education of the oommunlty about urban forests and development of comprehensive 'management plans. What Is the, geographic scsle at which sustainable -development can be most usefully applied? Political borders do n01 respect biology (and vice versa). Principles of ecosystem management argue for a scale based on ecological boundaries such as watersheds. However, cities form disorete pOlitical, economic and SOCial units. We must respect the reanty that political borders may be more significant to management than ecological boundaries. Urban forestry programs work within JotJrnal"of Arboriculture 23(1): January 1997 this geographical framework. For this projeot and model, we have chosen to focus on the city and Its geographic limits. While this'approac~ may vlo1ate some of the biological realities of forest stands, It logically reflects the jurisdiotional boundaries and typical management units found in cities. The more common alternative approach, working with ecosystems, is not without problems of definition and scale (7). What is the relationship 'of sustainable development for (urban forests) to new technology; effectively applied research and Investment in forest management? Urban forests stand to benefit tremendously from new technology, information and investment. Not only wlll 'the ability to ,select and grow trees in cities be enhanced, but the ability to quantify the benefits accrued by their presence will expand. , Wiersum (23) provided an In-depth look at sustainability in forest systems, noting the long hist6ry of the concept in forest practice. Many _ would argue that the concept of sustained yield Is not equivalent to sustainable development. Gatto "(9) discusses this fact at length. However, Wiersum (23) observed the evolution of forest sustain ability , towards multiple use, biological diversity, mitigating climate change and socioeconomic dimensions. Wiersum summarized four concepts involved with sustainable forest management as maintenanoe or sustenance of: • forest eoological oharacteristlcs • yields of useful forest products and services for human benefit • human Institutions that are forest- dependent • human Institutions that ensure forests are proteoted against negative external institutions. A similar perspective on s·ustainable forest management (13) described the measurable criteria as: • desired ,future condition (the vision of the forest In the future) • sustained yield • ecosystem maintenance • community (city) stability . 19 Keene (13) also noted that these prinCiples can be practiced in traditional forest management. Products derived from forests in which sustainable forest management is practioed may reoeive a third-party certification as such, In a manner similar to certification of organioally-grown produce. Maser, (14), Wiersum (23) and Charles (4) all argued that a sustainable forest would include biological, ,social' and economio issues. For example, from' the perspective of a fishery resource, sustainabllity is the simultaneous pursuit of ,ecological, socioeconomic, community an.d instItutional g08Is'(4). In Maser's view of ecological sustainabillty, the goals and needs of society must reffect the potential of the resource to meet them. This idea may be universal for sustainable development and must certainly be for urban forests. , This approach can' be directly applied to Cities, for we, want urban forests to contribute to environmental, economic ~nd social well .. belng. We need notsaorlfice one goal in pursuit of another. Trees reduce atmospheric contaminants at the same· time that they enhance community well·belng. While there may be conflicts in specific situations (eg. planting trees under utility lines or using invasive species), in general, all of the broad goals for urban forest 8ustainability are compatible with the others. ' In this sense, when we focus on appropriate management of trees and urban forests, where management activities take place with communlty .. supported goals and objectives, we focus on sustaining a broad range of values. We also concur with Charles' (4) oonclusion tha~ sustainabUity can only ~e achieved when: • Contrails looal (for fisheries, community and region-wide) • Management Is adaptive, recognizing the dynamic resource and its complexity • Property rights are respected In summary, a wide range of definitions for sustainable development have been derived from the original concept of the Brundtland Commission. No universally accepted derivation has arisen for forestry. Despite this problem, progress has been made in identifying criteria and markers for success. 20 Characteristics of Urban Forest Suetainability Given the general characteristics of sustainable .systems and the specUic nature of urban forests, wetdentlfled 4 principles to which any model of sustainability mu~t adhere. . 1. SUltalnablllty Is a broad, general goal. While we .may be able to describe the desired functlons.of a sustainable urban forest, we cannot yet design the forest to optimize them. A1though we know ti')at urban forests act to reduce atmospheric' contaminants, we do not yet know how. t~: design those forests to maximize that funetlo·n. However, we accept that existing urban forest~ provide these functions to some degree. Trees in citi~s serve to improve community well· being, rep~ce the urban heat island, eliminate contaminants from the atmosphere, etc. While there are costs involved tn planting, maintaining and removing trees in cities, In a sustainable urban forest the net bens'flts provided by these functions are gr~ater than the costs associated with caring for the forest; A sustainable urban forest provides con~nultY of these net benefits over tir,ne and th~ugh space. We therefore have decl«;jed to recognize the ge.neral character of sustainable sY$tems and develop steps that form such a system in urban areas. 2. ',Urban foreats primarily provide services rather than goods. Descriptions of sustainable' systems usually focus on the goods that system provides.le. sustained yield. Forests' provide fuel and fiber, agronomic systems provide food and flber,fishQrles provide food, etc. In such examples, goods. are the primary output. In contr~stJ goods comprise a rather limited output of 'the urban forests. The most Important outputs are services, such as reducing environmental contamination (from removing atmospheric gases to moderating storm water runoff), improving water quality, reducing energy consumption, providing social and psychological well-being, providing for wildlife habitat, etc. These services, or benefits, are provided in two ways: 1) direct (shading an individual home, raising the value 'of a residential property) and 2) indirect (enhancIng the wen .. belng of community residents). In planting and maintaining SUstainable urban Clark at a1.: Urban Forest Sustainabllity forests, we should strive for a balance among all benefl.s and not maximize the output of one service at the expense of all others. For example, one of the benefits that urban forests provlde is wildlife habitat. Maintaining the largest wildlife habitat possible could conflict with other servloes, such as limiting eoonomio development fro.m property development or creating oonfllots with humans. . 3. S~stalnable urban foreats require human lrit.rvention. One of the wonderful characteristics of natural systems is. their oapacity for self~' maintenance. Sustainable forests, farms and fisheries take advantage. of this fact by harvesting some limited segment of the resource. often with a 'period of .rest to allow renewal and replacement. . The Brundtland Commission Report (21), Maser (14) and Charles (4) emphasized this critiQal aspect of the resource to be sustained. For example, Goodland (10) defined environmental sustalnability as "maintenance of natural capital." Maser noted that a biologically sustainable forest is the foundation for all other aspects of a ~ustainable system. In forestry, there can be no sustainable yield, sustainable industry. sustainable community or sustainable society without a biologically sustainable resource. As Charles put it (for fisheries), '.'If the resource goes extinct, nothing else matters.1t Many (but not all) urban forests are a mosaic of native forest remnants and planted trees. The native remnants may have soma capacity for self- renewal and maintenance. particularly in greenbelts and other intact stands. However, the planted trees have essentially no ability' to regenerate In place. Therefore. we must accept, acknowledge and act on the fact that urban forests (particularly In the United States) may have a II mited ability to retain or replace biological capital (to use· Maser's term). This is particularly the case when we desire that regeneration occur in a manner appropriate for human benefits. Indeed, unwanted tree reproduction may actually have a net cost for control and eradication programs. Sustainable urban forests cannot be separated from the activities of humans. Such activity can be both positive an~ negative. In the latter case, creation and maintenance of urban Infrastructure Journal of Arboriculture 23(1): January 1997 can be extremely destruotive and disruptive. In essenoe, we supel'lmpose cities atop forests. The greater the Imposition, the tess natural the forests appear and f.unotlon (D. Nqwak, personal oommunicatlon) .. The adverse impacts of humans can be mitigated by positive actions such as planning, planting, and management; all occurring with com mol') commitment and shared vision. We cannot separate sustainable urban forests from the people who live In and ,around them. In fact, we want to .meld the two as muoh as possible. The implioations of this princlpl.e are far .. reaching. Flrst~ urban 10rests require active, consistent, continuing management. The accrual of net benefIts can only occur when adequate and reasonable care Is provided. Second, tree managers (both public and private) must involve the surrounding community in decisions and actions, regarding urban forests. We do not suggest abdicating responsibility on the part of tree managers; we' advocate sharing It. 4. Trees growing on private lands compose the majority of urban forests. While publicly .. owned'trees (prhnarlly In parks and along streets and other rights~of-way) have been the long- standing foous of urban forestry, they oomprise only a portion of the urban forest. An estimated 60 -90% 01 the trees In urban forests in the United States are found on privately owned land (see 19; also G. MoPherson, pars •. communication). Therefore, sustainable urban forests depend to a large degree .on susta,inable private forests. If we con'sider further that trees probably are not .evenly distributed among all private land .. holders, then we may also conclude that a small number of land owners and managers may be responsible for a large fraction of urban trees. For example, universities, business parns, corporate campuses, commercial real estate, autonomous semi~pubtic agenoies. utilities, ate. may manage large numbers of trees. The success of any effort at sustainability must include their participation and commitment. However, small private landholdings, particularly residential properties, may also constitute a signtflcant fraction of community trees. Their contribution to the urban forest must be 21 considered in any effort towards sustalnability. Defining Sustainable Urban Forests. Applying these 4 principles leads to the following definition of a sustainable urban forest: "The naturally QCcurring and planted trees In cities which are managed to provide the inhabitants with a continuing level 'of economic, social, environmental and ecological benefits today and Into the fut~re:' Applying this definition in urban areas requires accepting 3 ideas: 1. Communities must acknowledge that,clty trees provide a,wlde range of net benefits. Plantingfpreservlng and maintaining trees is neither simply a good thing nor an exercise. Rather, urban forests are essential to the current and future health of cities and their inhabitants. 2. Given the goal of maintaining net benefits over time, the regeneration of urban forests requires Intervention and management by humans. To quote David Nowak, "people want and need to direct the renewal prooess because natural regeneration does not meet most urban needs:' Therefore, urban forests cannot be sustained by nature, but by people. 3. Sustainable urban forests exist within defined geographic and political boundaries: those of cities. Moreover, sustainable urban forests are composed of all trees in the community, regardless of ownership. A Model of Urban Forest Sustainability Given the 3 premises listed above. we developed a model of urban forest sustalnabillty whioh is founded on three components: 1) vegetation resource~ 2) a strong community framework and 3) appropriate management of the resource. Within each component are a number of speclfio criteria for sustainability (see Tables 1, 2 and 3). 1. Vegetation resou ree. The vegetation resource is the engine that drives urban forests. Its composition, extent, distribution, and health define the limit of benefits provided and costs accrued. As dynamic organisms, urban forests (and the trees that form them)' ohange over time as they grow, mature and die. Therefore, sustainable urban forests must possess a mix of Journal of Arborjculture 23(1): January 1997 23 Table 2. Criteria of urban forest 8ustainablllty for the ComMunity Framework. Public agency cooperation Involvement of large ' private and institutional I~ndholders Green industry cooperation Insure aU oity departments operate with common goals and objectlv~s. Departments such as parks, public works, fl re, planning; school districts and (public) uUiitles should operate with common goals and objectives regarding the city's trees. Achieving this cooperation, requi res involvement of the city council and city commissions. Large private" Private landholders own and manage most of the landholders embrace city urban forest. Their interest in, and adherence to, wide goals and resource management plans is most likely to .obJectlves thro~gh result from a co'mmunity .. wide understanding and , specific resource valuing of the urb~n forest. In aU Iikelihood1 their management plans. their cooperation and Involvement cannot be mandated. The green Industry From commercial growers to garden centers and operates with high from landscape contractors to engineering professional standards ' professionalsl the green lndustry has a and commits to CitY .. wide tremendous Impact on the health of a clty's urban goals and ' forest. The commitment of eaoh' segment objectives. of this industry to high professional standards and their support for cIty-wide goals and objectives is necessary to ensure appropriate planning and implementation. Neighborhood Action At the neighborhood Neighborhoods are the building blocks of cities. They are often the arena where individuals feel their actions oan ma~e the biggest differenoe in their quality of life. Since the many urban trees are on paivate 'property (residential or commercial). neighborhood action is a key to level, citlzens ' understand' and participate In urban forest management. Citizen -government':' All constituencies in the business interaction community interact for the benefit of the utban forest urban forest sustal n ability . . Having public agenoles, private landholders, the green industry and neighbo.rhood groups aU share the same vision of the City's urban forest is a crucial part of sustalnability. This condition is not likely to re'sult from legislation. It wUl only result from a shared understanding of the urban torast1s value to the community and commitment to dialogue and cooperation among the, stakeholders. ' 24 Clark at at: Urban Forest SustainabiUty Table 2. Criteria of urban forest sustainability for the Community Framework (continued) General awareness of The general public Fundamental to the' sustalnablUty of a city's urban trees as a com'm~:nity understands the value of forest 1s the general publlc's understandIng of the resource' . , trees to the community. value of its trees. People who value trees elect officials who value trees. In tum, officials who value trees are more likely to require the ageno~es they oversee to maintain high standards for management and provide adequate funds for implementation. Regional cooperation Provide for cooperation Urban forests do not recognize geographic and interaction among boundaries •. Linking city's efforts to th.ose of neighboring communities' ne\ghborhig communIties allows for conSideration . and regional groups. and action on larger geographic and ecologIcal issues (SUch as water·quality and air quality). and social weU .. being. , . There are costs associated with the accrual of these benef"lts. Dead, dying' and defective trees may fail and In)l:Are c.itizens or damage property. Some speci~,$. may pose a health risk from allergenic responses. b~hers may compete with native vegetation and limit the function of naturally occurring fragments and systems. 2.Commu.nlty 'framework. A sustainable urban forest Is one in whieh the all parts of the community sh~(e a.vlslon for their forest and act to realize that yislQn throlJgh specifiC? goats and objectives (Table 2). It Is based in neighborhoods, public spaces. and priVate lan~s;. . At one level. this requlr~$ .that a community agree on ttie benefits of trees and act to maximize them. On an~ther level,' thl~. cooperation requires that private lando~ners acknowledge the key role of their trees to community. health. Finany, In an era of reduced government service, cooperation means shariIJ9 the flnane.lal, burden of caring for , the urban landscape~ : 3. Resource management. In many ways, this component Is n01 simply management of the resource but the philosophy of management as weH (Table 3). On one hand, specific poney vehicles to protect existing trees, manage species selec'tion, tr.ain staff and apply standards of care focus on .the tree resource itself. In contrast, acceptance of a comprehensive management plan and funding program by city government and its constituents allows shared vision to develop. Cities must recogn ize that management approaches will vary as a function of the resource and its extent. A goal of maint~inlng native wildlife hablta~ . ~ay best be achieved. where there is a strong native forest resource. For some cities, this is simply not attalnab~e. Similarly, management of the urban forest must exist in connection to the larger landscape (such as adjacent forests). For example, maintenance of intact riparian corridors requires the cooperation of the managing agency of the stream. Achlevi.,.g. Sustainable Urban Forests. A sustaInable urban .forest Is founded upon communlW cooperation, quality care, continued funding and personal involvement. It is created and maintained th rough shared Vision and cooperation with an ever-present focus on maximIzing benefits and minimizing costs. Taken together, they acknowledge the need fQr shared vision and responsibility, for direct Intervention with the resource and for programs of oare that are on-going and respons1ve. The implementation of Journal of Arboriculture 23(1); January 1997 Table 3. Criteria of urban forest sustainability for Resource Management. City .. wide n:tsnagement Develop 81}d Implement A Gity-wide manage'ment plan will add to an urban forest's sustainablllty by addressing Important Issues and creating a shared vision for the futu re of the community's urban forest. Elements may Include: speoles and planting plan, a management plan for' trees ~n public and private\ property. Funding Staffing Assessment tools Develop and maintain adequate funding to Implement a city-wide management plan. Employ and train adequate staff to implement a city-wide r:nanagement plan. guidelines; performance goals and standards for tree care; requirements for new development (tree preservation and planning); and specifications for managing natural and open space areas. Since urban forests exist on both public and private land. funding must be both public and private. The amount of funding available from both sources is often a reflection of the level of education and awareness within a community for the value of Its urban forest. An urban forest's sustainability is Increased when all city tree staffs utility and commercial tree workers and arborlsts are adequately trained. Cont1nulng education In addition to initial minimum skills andlor certifications desirable. Develop methods to l)slng canopy cover assessment, tree inventories, coUeet Information apout aerial mapping. geographic Information systems the u'rban forest on a and other tools, It Is possible to monitor trends in rouUne basis. a city's urban forest resource over time. Pr~tection of existing Conserve 'existing Protection of ~xlstlng trees and replacement of those that are removed is most often acoomp~;shed through polloy veh"loles. Ordinances that specify pruning standards and/or plaCe restrictions on the removal' of large trees resources, planted and natural, to ensure maximum function. Species andsita selection or other types of trees on publlo and private property and during development are examples. Provide guidelines and Providing good planting sites and appropriate specifications for species trees to flU them ,is crucial to sustalnabUity. use. on a context-Ailowlng adequate space for trees to grow and defined basis. selecting trees that a~e compatible with the site will reduoe the long-and short .. term _ maintenance requirements and enhance their longevity. AvoldJng speoies known to cause allergenic responses Is also important In some areas, 25 ' 26, Clark et al.: Urban, Forest SustalnablUty: Table 3. Criteria of urban foreat austainabillty for ~e8QUrc. Management (cO~tl~U8d) Standards for tre, care Adopt and adhere ,to SustainablUty will be enhanced by adhering to the professional standards such as the Tree Pruning G~ldellnes (ISA) and ANSI ZiSS publications. , profess/onal standards for tree care. Citizen safety Recycling Maximize public safety 'with respeot to trees .. , ,In designing parks and other public spaces, public safety should be a key factor in placement, sleleotion, and management of trees. Regular inspeotions for potential tree hazards is an Important element In the management program. Create a closed system A sustainable urban forest fs one that recycles Its for tree waste. products by compoStlng, reusing chips as mulch and/or fuel and ushig wood products as firewood and lumber. Table 4. Criteria and perf~rmance Indlqator8 for the Vegetation Resource. Criteria Canopy cover Performance Indicators LoW Moderate Good No assessment Visuai assessment Sampling of tree (I.e. photographic) cover using aerial photographs. Key Objective Optimal Information on Achieve cllmate.appropriate degree of tree urban forests cover, community-wide. Inc! uded In city- wide geographic Infonnatlon system (GIS). Age';. distribution of trees No a~G&Sm8nt In community Street tree "InventorY (complete or' public -private Included In city· Provide for uneven age distribution. S8!11ple) Species mix ' No assessment Strsettree Inventory Native vegetatIon No program of Voluntary use on Integration publlo projects sampling wide geographJo Clty·wlde assessment of, specIes mIx Aequlrements for use of native species on a proJect- appropriate basis Inronnatlon system (GIS). Included In clly~ wide geographic 'n'tannatlon system (GIS), Pres81V8lton of regIonal biodiversity ProvIde for speCies diversity. Presorve and manage regional biodiversity. Maintain the blologlcallntegrtty Qf native . remant forests. Maintain wildlife oorridors to and from the city. journal of Arboriculture 23(1): January 1997 27 , Table 5. Criteria and performance indicators for the Community Framework. ' Criteria Public agancy cooperation Involvement of large privata and Institutional .and hold.r. Oreen industry cooperation NeIghborhood action Oltlzen .. governm,nt • bu',iness Interacllon Gerie,al awaltinell of trees as community resource Regional cooperation low Conntotfng goals among departments Ignorance of Issue No cooperation among'segments of Industry (nursery. contractor. arborlst). No adherence 10 Industry standards, No action Conflicting goals among constituencIes' , Low •• trees as problems; a drain on budgets Communities operate independently Performance Indicators Key Objective Moderate No cooperation Education materials and advice available to landMholdel'6 ' General cooperation among nurseries - contractors ~ arborists. eto. Isolated and/or limIted no. of active groups No InteraGtlon among constituencies Mod8~le .-trees as Important to community Communities share similar polioy vehicles Good Optimal Informal working Formal working Insure all Oily departments operate with teams teams wI staff common goalS and objectives. coordination Clear goall for land·holden; Large private landholders embrace olty-wlde tree resource by develop, goals and objectives through speclfio private land· oompr.,henslve resource management plans. hOlders; Incentives treG management for preservatIon of private trees SpaclHc oooperative arrangements such es purchase oortlflcates for right tree, right place Clty-wlde ooverage and Interaction Informal end lor general cooperation High ··trees acknowledged to provide environmental services plans (1noludlng funding) Shared vision and The green,lndustry oper~tes With high goals Including the professlonal6landards and commits to city.. use of wide goals and objectives. professional ' standards. All neighborhooos At the neighborhood level. citizens organized and ul)der.iitan,d and participate in urban forest oooperatlng mUf!8Qement. Formal AU constituencies in the community lntemct interaCtion. e.g.. forthe benefit ofthe urban forest. tree board wi &taff (loordlnatlon Very high .. trees Tho general publlo understands the value of , as vital trees to, the community. components of economy and environment RegIonal pfanning Regional pJanning Provide for cooperation and InteraCtion coordination among neighboring commun1Ues and '~nd/or , ' regional groups. management plans a model for urban forest sustainabllity wou1d further redirect the traditional orientation of urban forest management away from" municipal trees to the mix of public and private trees. in this task, we have described indicators of success for each criteria (Tables 4, 5, and 6). A city that meets the highest level of each,indicator for each criteria would have the best tools and resources to achieve,sustainabillty. Achieving sustainabllity for urban forests involves,meeting each of these criteria. To assist , Our approach ,of developing' criteria and 28 Clark et al.: Urban Forest Sustainability Table 6. Criteria and performance Indicators for Resource Management. Criteria Performance indicators Key Objective Low ~oderate Good. . Optimal City-wide management 'plan No plao Existing plan limited In scope , and Govemment -wide Cllizen -Develop and implement a management plan plan, accePted government -for trees and forests on public and pl1vate and implemented business resource property. I mplamentatlon management plan, accepted and Implemented CIty-wide funding Funding by crisis Funding to Ad~quale funding Adequate funding. Develop and maIntain adequale funding to management optimlte existing to provide for net prIvate and public. Implement a clly-wlde management plan. population Incress. 10 to sustain pop\llatlon and maximum care potential benefits Cltystafflng No staff No traIning ',Certified arborlsts Professional tree Employ and train adequate staff to on staff care staff Implement city-wide management plan. Assessl1lent tool8 No on-going Paltlallnventory Complete Information on Develop metllods to collect InformatlDn program of Inventory' urban forests about the urban forest on 8 routfCl8 basis, aSS9ssment ;ndlcators is patterned after that found in the Santiago Agreement (11) which suggested ,criteria and indicators for the conservation and sustainability of temperate and boreal fore$ts. It recognlied that both quantitative and qualitative (descriptive) tndicators were needed, for not all oriteria could be accurately measured. Conclusions· Maser suggested that ecological susta,inability encompasses 4 ideals: 1. Providing a long-term balance between ~oCiety and the resource, today and in the fu~ure. ' . 2. Seeking to Increase the overlap between societal desires and ecological possibilities. 3. Developing assessment tools for both the resource and its outputs (bene,its, services). 4. Restoring ecosystems. Our model for urban forest ·sustainabUity adheres to these 4 ideals, placing them in an urban Included In CII~~ wide GIS conte~. It recognizes the nature of society In cities and encourages particip$tion at the broadest level. The model also acknowledges the need to foster regeneration, to provide for the continuity of the resource., Management of a sustainable urban forest ·Is based upon a shared viSion for the resource, in which goals and needs are balanced. Since sustainabillty is a general goal, we must be able to· ass~ss our progress rel~tive to defined standards .. Finally, we recognize that our actions, through such activities as development, wilt damage forests and their function. We accept the responsibility of restoration. Urban .trees 'and forests are oonsldered Integral to the sustainability of cities as a whole (3, 8). Yet. sustainable urban forests are not born, they are made. They do not arise at random, but result from' a community"wide commitment to theIr creation and management. Obtaining the commitment of a broad community, of . numerous .constituencies, cannot be dlotated' or legislated. It must arise out of compromise and respect. While policy vehicles such as ordinances playa role in managing the Journal of Atboriculture 23(1): January 1997 29 Table .6. Criteria and' performance Indicator. for Resource Management (continued) . Protection of 8xlstlng treea No policy vehicle Tree preservation TreG preservation InteQrated Conserve existing resources. planted and or policy not ordinance present plan required for planning program natural. to ensure maximum function. enforced and enforced all fOT conservation . . proJects .... publlc, and development private, commercial. residential Species and site selection Amitrary species No consl(.leratlon Identlfleatlon/prohl On-going use of Provld$ guidelines and specifications for adapted. hlgh~ specIes usa, IncludIng 8 mechanIsm for prohlbrtlons of undesirable bltion of species undesirable . petfonnlng evaluallng the site, species species with good . site· spedes '. ma.tch Standards for .tre8 care None Standards for Standards for Standards pa rt of Adopt and adhere to professional standards public trse care pruning, stock, community -wide (or tree care. etc. for all trees ylslon Citizen aafety CrisiS Informal Comprehenstve Safety part of cost MaxlmilB public safety with respect to trees. management Inspections hazard (failure, -benefit program tripping, etc.) program Recycling Simple disPosal Grsenwaste Green and wood Closed system -Create a olosed system tor tree waste. (i.e. land filling) of recyollng waste reoycllng -no outside green waste urban forest, developing commitment is probably more a ifunction .of education,' awareness and positive Incentives. This may represent our most sfgnifioant challenge: to provide information that creates commitment and guides action. This Is not to Ignore the budgetary requirements for sustainable urban forests. It has tong been our belief that if education were adequate J funding would' soon fonow. Despite' the current state of funding; we must hold to this perspective. Fln$.lly, sustainable urban forests also require a viable resource base', While urban foresters and arborists have'long·felt confident in their ability to sustain the· resource. we must acknowledge our limitations as well as our strengths. The optimal structure of urban forests, I.e,·the arrangement of trees in. a city, (emains the subject of research. Our. industry must strive to resolve QonflJots such as quality of nursery stock, ~ppropriate cultural praotices and the ma'tch between sHe considerations and speoles selection. reuse disposal Literature Cited 1 .. Ame{lcan Forest and Paper Association. 1995. Sustainable Forestry Initiative. ,American Forest and Paper Association. Washington D.C. 2. B()tkin, D. and L. Talbot. 1992. Biological diversity and forests. N.P., Sharma (Ed.). pp 47-74. In Managing the world's forests: Looking for balance betwe'en'conservatlon and development. Kendalll Hall Publishing Co. 3. Cent~u f()r the Study of Law and Politics. 1991. Urban Forestry. The Global Cities ProJeot. San FranCiSCO, CA. 112 pp. 4. Charles,· A .. 1994. Towards sustainablllty: The flsheryexperJence. Ecoiogical Economics 11 :201 -211. 5. Costanza, R. and B. Patten. 1995. Defining and predlotlng sustslnability. Ecological Economics. 15:193-196. a. Dehgit D., T. Huffman and J. Culver, 1994. California's native Monterey pine populations: Potential for sustainability. Fremontia 23(1 ):14.;23. 30 Forestry 7. FItzsimmons, A, 1996. Stop the parade. BloSclenoe 46 (2). 8. Gangloff, D. 1~95. The sustalnabla City. American Forests .. May/June 30-34, 38. 9. Gatto. M. 1996. Susta/nsbllity: Is It a well-defined concept? Eoologia (Soc. Italiana di Ecoligla) 16: 235 .. 240. 10. Goodland, R. 1995. The concept of environmental sustaln,.bllity. Annu. Rev. Ecology Systematics 26: 1·24. .1 11. Journal of Forestry. 1995'-SustainIng the WorJd's Forests -The Santiago Agreement. Criteria and Indicators for· the conservation and sustainable management of temperate and boreal forests. Journal o~ Forestry. 93 (4):18:-21. 12. Kaufmann. R. and C. Cleveland. 1995. Measuring sustalnabllity: needed -an InterdiscIplinary approach to an Interdisciplinary conoept. Ecological Economics. 15: 109 .. 112. 13. Keene, R. 1995. A dlrt .. forester's perspective. American Forests. May/June 18, 60 .. 61. 14. Maser, C. 1994. Sustainable Forestry - Philosophy. science and economics. 8t. Lucie Press, Delray Beach, FL. 373 pp. 15. Nowak, D., R. Rowntree, E. McPherson, S. Slslnn1. E. Kerkmann and J. Stevens. In preparation. Urban tree covar analysis. Submitted to Landsoape and Urban Planning. 16. SalW8sser, H. 1993. Perspectives on modeling sustainable urban forest ecosystems. D. LeMaster and R. Sadjo (ed,). pp 176-181,· In: Modeling Sustainable Forest· Ecosystems. Forest P·Olicy Center. Washington D~C.· , 17. Sample,·V. 'A. 1993a. Building partnershIps for ecosystem management on forest and range lands In mixed ownerships. Workshop synthesis. Forest Policy Center. Amerloan Forests. ·Washlngton D.C. 17pp. ' .", 18. Sample. V. A. (editor). 1993b; Defining sustainable forestry: Con1erence summary. Forest Policy Center. American Forests. Washington D.C. 17 pp. 19. Sampson, N.t G. Moll and J. Kielbaso. 1992. Opportunities to increase urban forests and the potential impacts 'on carbon storage and conservation. R. N. Sampson and D. Hair (ed.). In: Forests and Global Change. Volume 1. Opportunities fQr Increasing Forest Cover. American Forests. WashIngton D.C~ 20. Thompson" R., N. Pillsbury and R. Hanna. 1994. The elements of sustainabllity in urban forestry. California Department of Forestry and Fire Protection. Riverside, CA. 56 pp. Clark et al.: Urban Forest Sustalnability 21.WCED.1987. Our common future. (The Brundtland Commission· Report). Oxford University 'Press. Oxford England. 22. Webster, H. 1993. Some thoughts on sustainable development as a concept, and' as applied to fOl'9sts, Forestry Chron. 69:531 .. 533. 23. Wfersum, K. F. 1995. 200 Years of susts/nab/Illy . in forestry: Lessons from history. EnVironmental Management. 19(3):321 .. 329. Acknowledgment8~ Thanks to Greg McPherson, Dave Nowak. Richard Rideout, Paul Ales, Ed Macle, and Ray Tretheway for their comments and suggestions. Funding for this project was provided by a grant from the National Urban and Community Forestry AdviSOry Council th(Ough the U.S.D.A. Forest Service Urban and Community Forestry Challenge Cost .. share Program (No. G-5-94-20 .. 095). HortSclence, Inc. P.O. Box 754 Pleasanton, CA 94566 and C.alifornia AeLefifrrhe Trust for public Land 3001 Redh~1J Avenue ' Costa Mesa, CA 92626 .. - zU8sammenfa,sung. -Das Modell des' ~Ich selbsterh$1tenden Stadtwaldes wendetallqemelne Prinzipi.en de.r Selbsterhaltung auf stACttische Blume und WAlder an. Siah selbst erhaltende Stadtwalder erfardern sine q$Sunds Herkunft dar Pflanzen, kommunale UnterstOtzung· und ain umfassendes Management. Ole Kriterlen und llidikatoren~ um dlesen Status zu OberprOfen werden hler vorgestellt. Das'deutUchste Resultat sines sich selbst erhaltenden Stadtwaldss be·steht . darin, elnen··rt1axlmalen Grad an umweltbezogenen, okologisbhen,' sozi.alen und Okonomlschen Vorzugen zu erreichen: .